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Home My WebLink Aboutpitkin.bldg.273512457002 DOCUME LAYOU NT T Certificate of Occupancy or Letter of Completion (most recent project) Permits Final Inspections Any Supporting Documents Site Plans (no architectural plans) If there are previous projects they will follow in the same order S ~ ~~ - rz~3 ~. .. ~a -5~- ~~~ 30.5 Galena BUILDING PERMIT APPLICATION ~ ~ (J ~ 13\~7~ General `' ' ""~' " "~ ~ As en, CO` 81611 r~ p ASPEN~PITKIN CZ)I~I~I'~J ITh DEVELO'A~~f~EPARI"KfIENT ~~ 303/920-5440 Y Construction Perl.'t 920-54Q8 Inspection line CITY OFASPEN C PITKIN COUNT ~ . ND. / ', Applicant to bomplete numbered spaces only. 1. JOB ADDRESS `~~.. ,. .. ~~1 GsiT'~ ~~uy~ /r,s~c.~ .~ I BD BLOCK TRACT OR SUBDIVISION (L7 SEE ATTACHED SHEET) LEGAL LOT NO. z. ~ DE$C ~ DE ~!_ ~ MAIL ADDRESS - C ~ / _ ZIP • 7s`~ j ~2-~~/ ~~-2 ~ 8 FD 3. ,,.. ~a .d~-~ ` TSB . , < .~ CONTRACTOR "' MAIL ADDRESS PHONE FN _ c /ARC/dITE'CT OyR DESIGNER (//~) ~^j~,MyAnILAD/DR/~~jS~S,J / !i ~ ~Il ~/`JU /'6.GGL'e~L~iLZ t `J' ~ -~ ~ PHONE YICENSE NO (,~ ~ ~I~ ' ,^•~, •~+• IVIJ j "-"' "" MAILADDAESS ~`" ER ~ LICENSE NO °" '"`-" °""' PHONE BF 6. .:, . _ :>.., v :.:........ ..~~u '- - SQUARE FOOTAGE ZONING FEE CENSUS CODE ~ 7, C,L99~GS OF WORK ANEW ^ ADDITION ^ ALTERATION ^ REPAIR ^ S ~ $, /l/` ~ ~ -.,/~ `yV~ I ~ ~ ~'- 11 G / ~/' USE OF ~ I ~ ^- J P~N~ECKF I DDD ~T~E ~..~ ; 3S%USE TAXDI.. ~ 9 ~ r « J 7 ~ ~ _ .... . , ... LUATION OF WORK VA Type of COnafNCOep Occupancy Group Lot Area I @@ ~ _ ~ Is there foo'~ service in this building ^ ves NO ~ Size f Buildlnq (Yowl Square Ft) / No. of Stories Occ. Loatl P /j r J 12 i r {P L!/ - . Is LPG used? ^ ves o No ~ a NO. OF B'cDR00MS ^ Use Zone „y, Fire Sprinklers Requiretl? DYas ¢No t_ 4iW~ 13. Remarks -" G ~,~..,,~ y/~~+.~t~ jy/ //// / dd EXI~vNC U ABED ~,~~ y q Alarm $ stem Re aired? G YSS No ~ ,. . .. J ~ ~ ~3.~0( yy~1j~~ `'-~, /'~ ,. t `i~Crv G0.~7M ~Y/~ ~/~~ L "~ ~ ~ Unia` No. d Dwell'm 9 OFFSTREET PARKINGS ES I. . I 1 'r! - C d. UncOVered - - Ywf ~ Y LD ovete w 'A.^® ~. -- .e e 'aF~S Ntf1-a~' .oc~t~ A~ "`"` " ." "T I ~ ~ ECIAL APPROVALS REOUIREO AUTHORIZED BY OA7E /~4s? i ~.- ~ ~ ' L t~cc O./ .. ZONIN 'I .( ~~ /~ p /~ ~ " S /~ ~/S! ^~s as 1 ~ ' ~ ' HPG ~' - } V S AT a f~r~/.lw ~ ~p~ Nw' ARK DEDICATION ~ ~ a5 I ~ ~/ ' • f ENVIRO HEA ".~ I ^I PRESUBMITTAL APPLICATION ACCEPTED ~ PLANS CH GKE APPROVEDFOR I$BUANC ENGINEERING` - ev By ~ BV ~~ ev PARKS ". . ~ ( ry / ~ ~ / HOUSING I ~ .y J p DATE ATC' DATE ~ ~ DATP PLANNING ~ ...... "' ' ~ FIRE MARSHAL ... ~~ \ ARE OTIC R ELECTRICAL, PLUMBING, 7~R aTF'%p`ERMITS WdiER ~ ;r ~ .~' ';~"9~. _ ING VE_ ~~ G OR IR C NDITIONING.;_~'~'- ` OTHER ~ QC /I~ -~ THIS PERMIT BECOMES NULL AND VOID IP WORK OR CONSTRUCTION I / AUTHORIZED IS NOT COMMENCEDWITHIN 1207180 DAYS, OR IF CON- ppyMENT OF PIT. IN COUNTY,USE TAX __ - $ STRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR APERIOD T17V1EA~TER~WORK IS COMMENCED. OF 120U 80 DAYS AT ANY ^ MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED J U _ I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION ^ DEPOSIT METHOD 3.5 % OF 25% OFJHE PERMIT VALUATION PAID AND KNOW THE SAME TO BE TRUE AND CORT2ECT"ALL PROVISIONS OF AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST - ~ LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL" BE COM- ~ ( BE FILED WITH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF OR A PLIED WITH WHETHER SPECIFIEb`H~REiNf O~-lYlV07 THE GRANTING ' I WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. TO VIOLATE OR CAN- ~JTHORI7Y PERMIT DOES NOT PRESUME TO GIC1E A I . CEL THE PROVISIONSOF ANY OTFYER'STATE`OR LOCAL LAW`REGULATING ^ EXEMPT: EXEMPT ORGANIZATION CONSTRUCTION ORTRE'PERFORMANCE~OF COI~fSTRUCTION: ~ ~~ , " ^. RESALE: STATE&PITKIN COUNTRY RESALE NO. ~ r - ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN I (DaTe7 GN~~~+++~R FcoNTRacTOROanu~arz a ~NT SI PITKIN COUNTY IS SUBJECT TO THE 35%USE TAX I /// / _ ~w/l PROPERTY LIENS MAYBE PLACED ON THE OWNER SAND /OR TH~ CON TRACTOR'S.PROPERTY WHEN USE TAX IS NOT PAID ~) oF OwNER 0 owrv ILOERI -:pATel sG I ~ THIS FORM ISA PERMIT ONLY WHEN VALIDATED, Plan Check Vali non Zoning Validation Per .jV~-L: fig t~-(.~~~ ~~L -Q~' -.. WHITE-FIL~ Y CANARY-APPL i ~:: BUILDING DEPARTMENT. GOLD ASSESSOR I . , ;;. ..,. v..u k` o y.,r. a R ..P"~ .uK, T~.;by'`t. ,H„~'rtiY+~.~a..~n't. i;wst„ u9F°:^ a" , v .'1 13o S. Galena Bl11LD1NG PERIUI;ITA~pCIC~`IbN" General ~ '" ons, Aspen, CO 81611 ~~~ ASPEN ~~~ "~YL"~~~G~'"L3'EI~i4~1TME1V'r '~~ truction ,..._,._..--m.w.~-~~.»~n ....~ Permit i~ ~. 303/920-5440 - ~ pITK1N COUNTY CITY OF ASPEN ^ ~ No ~ ~~ `.~ ~~ ~_ ,~ ' " "Applicant to complete numbered spaces only - ///~~~~ J~. .,/.~i»~. -~~clw'a.A~ •~wssr .„.~,.r~., (' /a y ~ -, ...,/./,+, ~Y ld, JOe ADDRESS v~ / ~ C / lJ ~ V I ~• , "{ i ~ y ~li sW 1.~~ V l V S. ~ 1 ~ ~ ~. 1~ LOT N9.. Oq/ °-[~~ BLOOK "TRACT OR551BDIVISIbN "'°'°'`~`°~°'" '"'°" (O BEE~dITA'C1lED`SHEETj LEGAL .~/- r .._ _. .. " .. .. : DESC Z. OWNER ILA 55 ~RS'q ~ ZZL~ F}YOYSE Er C% ^~. ~ ,Q /~ ., . „. , . _ r ~3 6- s`3 ~I 3. /; A/ /1 ~Lt'LK~h~ ~ /f6Z G ~ ,S, a~ c z ..".... .r...« LAboR'E65 .°..__,..«-+..,-». ~. PH"dNE erA ,°LTCENSEAb a 'ic4 6~ 4• eiv_c01/ ~~. i G, i F.~ ~9~ l ~,8f ~1VG S c` ~%/k 3 °~ ~ ~" "°-~ °"`^"""~°' PHONE "f LI'CEYf 5170 '" ' ARCHITECT OA OESIGNEA"" MAILA RESS ~~~ _ U/, s. e,v,~ ~/, <Sc S wakes. 0 3 /'efc is l A z~ 3 z """"""""' °'"'"' ATdIL ADDRESS "" "AHONE~ ""' """`""" LICENSENO ~~ ENGINEER C .2 ~r~7~/~ s. P ~ G L~ ~ , .... Qa 16 t~ lit.. ca GfD . 9'~ _ ~.s/D J / °^ °^~°^""^~^^^*^"T*~?°^Aw° CENSUS CODE TOTAL FEE` CLASS O K g 7. ®NEW ^ ADDITION ^ ALTERATION ~ L7 REP~R~~O7vlOVE PLA~"~ RXFEE'~ "~ c/ PERMIT ~'~~ ~ „. ~~ 7 'J 3%USE TAR DER `" USE OFBUILDING "`""~"` ~' VALUATION OFN/OAK `°"° """"w'"°" _ QV Tyye of COn55mcCi3n -~cW Occupancy GrollP " " Lot Area r ~ Sizeb uldin~~ No. of Stofle Occ Loaf i 10. Remarks N'~ ~. ~ I VL 1 ~ -(iolel u e c ~ k OFBEDROOMS Use Zone ""' FI Sprinklers Required: .~ QS. ~ . S ~ .4 .l 05 o M , /l ObVI,~. .. ' NG q ^ es ONO ' 1~ cQ/tQUJ iI_ !A 0.ktS -,io No f welling Units . . OFFSTREETPARK7NG'SPA~`ES: ' _ „,....«„ may, Cover UncoverOtl '~,. . 6PEOIAL APPAO S REO ED AUTHOAQED BY DAf ~~ _. L1VV ... Iw 4~ ..--.-.... l TA y~~' 3 G,' 29NIN ' min~ ,Gros G1L i~ c Fixture Count'°~ > r~ ~~ L@`.G-¢~ t~- ~fi..~` 6~~ K oEOICATI t .`..L, il~ EAU EPARTMENT .! p .1:. ' FIREPLACE ~' „i. PRESUBMI N. O '..A DFOR PLACE ._...•.-.,•-•. I !q~ "' _ ~i"y' FIRE MARSHAL .. .,. !. w~ ~' -~~ ~ , ~ RINKLER f ,/ wfr _ ~'~/'/`T. onTe WATERT P (i t F".a "~,v'-L'.c.e.a. ~£'9 ~. CL r NOTICE OTHER .e~6„ ~ - ~ , :. ~ A SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING, /~ d ~,- HEATING, VENTILATiNGOR AYR COI~DYT'IOf~I~YG ~ ~rw~. ' „, ,., , ,... ,,, . „ ELECTION OF METNO,D"FOR AYMENT OF USE TppX THIS PERMITBECOMES NULL AND,VOID IFWORKOR CONSTRUCTION ONTHLY USE OF QUARTERLY RETURNS WILL BE SUBMI~ED. AUTHORIZED IS NOT COMMENCED W STRUCTION OR WORK IS SLJS L-~b, ~~~D Fdl-l ^ DEPOSIT METHOD.:3% OF 25 /,OF PERMIT~ALUATION PAID NOW PERIOD OF`i20/180 DAYS ATANYTIMEA __„w,,,,~,n ,W,,,~~, AT ISSUANCE. FINAL REPORT ON TOL`ACTl7A~ ~ w I HEREBY CEPTIFV THAT I HAVE READ AND EXAMINED;THIS APPLICATION AND ~`~ ~ COST MUST BE FILED WRH1N, 90 DAYS AFTER COMPL KNOW THE SAME TO BE TRUE At~S'"C`O{'ifi~"CY'"T1CC PiIO~S`(~~~C~'YA~J8~~~Y~I~ - ` ` ` ` "" "" ^~ "„ '^ ORDINANCES"GOVERNING'7HIS Y1'F'E'"6`k' WOA~C'"3t/ltl °B`E CaINPQED "OV'IYH WORK. GENERAL .CONTRACTORS CHOOSING THIS 4 WHETHER SPECIFIED HEREIN OR NOT 51~~'GITANTING^b'~d"P€CF'M"PIA'GO'ES`Y7d"i MUST REPORT AND REMIT TAX FOR ALL SUBCONTR CTORS PRESUME TO;GIVE AUTHORITY 70 VIOLATE OR b'AC~'OC7i§'fG135 O"F THAT DO NOT OBTAIN THEIR OWN PERMIT '. ANV OTHERSTATE OR LOCAL LAW REGUL'ATING'CbT1STwiC1C"i~0"FI~TSC`TR'~`P~'R ~ "'~ "I" ""°" ' FORMA OF CONSTRl7C ION ~~ "~~ ~'" " ~'~"'N'~'~` o ^ EXEMPT:, STATE 8 PITKIN COUNTY RESALE NO ~ta~,g~~ 7 ~' EXEMPT ORGANIZATYON ~~~~~"~"~ .~ s o~com R Fq; ., ¢EO AC, _ _a " tw,El THIS FORM ISA PERMIT ONLY WHEN VALIDATED ~~~ ~~ .Mr. ~ ~~~ WORK STARTED WITHOUT PERMIT WILC9E DOUBLE FEE .,. ..~ ". .. _ a. .t SIDNP E CW ER (IF GW11 &IILDER) "^' lMiEl _".. Jh ... .m..v.c.vMV+ .. ._~. w,,,. .. a ,y,.. .. <. . .....a.= . Cheek V lion "'"""" ~.. ~ . ~`~#~"° BdrK+'Lt~V'a'Idation 3 / Uae Tax Depoa t a a on wl G_ ~ ~ w' ." ~' "~ "wGi`fE"=RIL~`cdPV" cRE~"r~°"o~~'b'Yr3Gb`~~A - k ao`LO-c'6sS~3ftPEk"" '"le -, ..1 , . . ,..., '. ~•, <Sr#.@-db+o- *t'qF ~-.ef»d.u +a ., 3ai:aT.'r~v'esl.. ...';~,..,, .., ~.,r ,~~ 130 ~: Galena BUILDING PERMIT APPLICATION ~ General ~ ~ °f, Aspen, CO 81611 ggpEN~PITKIN REGIONA UILDING DEPARTMENT Construction Permit 303/920-5440 PITKIN COUNTY CITY OF ASPEN ^ Applicant to complete numbered spaces only 'I JOB ADOREBB q LEGAL DESC. 3. 4. ~ ~_h i,~a e< n s.Y~,gh~f91 ~~~~ CLASS O ORK: ~ ~ ®NEW ^ ADDITION ^ ALTERATION USE OF BUILDING ~} VALUATION OF WORK V V s. $ <o U 0~~ /~ fI J . byt/~ 10. Remarks /V ? In/ / ~~-.1 TRACT OR BUGDIViS10N (^GEE ATTACHED SNEETJ a ~. ',v ^ REPAIR ^ MOVE l I ~ I/L C i N ~I ) ~. G vk s ~ ~ ~ r ~ ~< h ~ ~.~~~ ~ _,,.~. t~xts~ ~, -+.4 ^WRECK ~ ~ ~' ~w; PLAN CHECK FEE r ~'~ 7 ~ \ / rove or consrcealor . ~_/i ~ I S'rze or uilain Total' u e L) I ;~~~~ ~~ I / Cavere~ Uncoveretl Fixture ..v ~. ;~',', \i w*E NOTICE U SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING-0R AIR CONDITIONING. THIS PERMITBECOMES NULL ANDVDID IFWORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS, OR IFCOf~ STRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120/180 DAYS ATANYTIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS ~OF LAWS AND ORDINANCES GOVERNING THIS NPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER FORMANL2 OF CONSTRUCLION: ~~ !! i ~l ~ il: AUTHORIZED BY I FIRE MARSHAL ~ I I l ''. I OTHER ~ (~(~ ~ ~ v ` SELECTION OF METHOD FOR PAYMENT OF USE TAIX ONTHLY USE OF QUARTERLY RETURNS WILL BE SUBMITTED. ^ DEPOSIT METHOD: 3 % OF 25 % OF PERMIT VALUATION PAIb NOW AT ISSUANCE. FINAL REPORT ON TOTAL ACTUAL MATkLRIALS COST MUST 8E FILED WITHIN 90 DAYS AFTER COMPLETIION OF WORK. GENERAL CONTRACTORS CHOOSING THIS M~THOD MUST REPORT AND REMIT TAX FORALL SUBCONTRACTORS THAT DO NOT OBTAIN THEIR OWN PERMIT. '~ ^ EXEMPT: STATE &PITKIN COUNTY RESALE NO. EXEMPT ORGANIZATION THIS FORM IS A PERMIT ONLY WHEN VALIDATED. WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE i L SIGNq REO CWNE II LWIIER BUROER) 1aiEl Check V tion Permit Valitlatlon ~l~G~~- ~~ " ~i~o~~-~ ~~~~~~ WHITE-FILE COPY GREEN-FINANCE DEPT. 3% Uae Tax Deposit Vaiitlation ~ ~~~~ ~~ #4-s~~ LD--CUBTOMER ' ._-- EARTM MOVING PERMIT APPLICATION 13o S. Galena St. • Aspen, CO 81811 Permit # (JV `C • /~' J 45 s9os2ososo Fax s9os2o.5439Check # LR ~ ! , d i i f $~ F m n ee (r]O re unds) _ stratNa 7 days required torapproval process from cone complete infomlati0n received. Permft A ~ I WORK STARTED W17HOUTA PERMIT WILL BE CHARGED DOUBLE FEES VALID PERMIT MUST BE KLPT ON SITE AT ALL TIME$ THIS PERMIT IS REQUIRED FOR ANY EARTHMOVING WORK THAT INVOLVES THE MOVEMENT OF MORE THAN EO CUOIC YARDS OF SOIL. (EXCEPTION FOR KOVNDATION PERMITS) AMINIMUM OF THREE(a)COPIES OF ANY AND ALL INFORMATION REQUIRED MUSTACCOMPANY THIS APPLICATION. IF THE JOB DESCRIBED BELOW REOuIRES THE MOVEMENT OF MORE THAN 50D CUBIC YARDS, THE TECHNICAL INFORMATION AND DATA REQUIREMENTS SHALL BE PREPARED AND CERTIFIED BYA PROFESSIONAL ENGINEER REGISTERED M YHe SPATE OF CpLORA00l ` : .:. _.. i, 1. Propat Owner SAddmss ... . T'homas~ Lewis, 201 West Cooper, Aspen CO 81611 1 a. Appusant Name .. ., .._ _.. Thomas ~. Lewls maimeAaaresc _... 2200 South Dixie Highway, Sulte 7026, Coconut Grove FL 33133 4. Noma of Froiact 5. ponlecl Plmne(c) '. Little Cloud Subdivision .. ..._. ...._ _. _.... _.... ._I Gate Lot 2 legal Oeaalption Little Cloud Subdivision a. ryppamatedewfo5e excavaed i Rock & Soil B. TVPea vrorc ^Berms Trenches ^ ponds ^ Uillltles ^Trals ^/ other Staging aI1Cl Stockpile area ~' i fe. scope of HOR: .. APPLICATION WILL NOT 0E REVIEWED UNLESS TNIS PORTION IS COMPLE7B Total Cubic Yards (Cut & Fop: 470 TOt91 Cut:4 Total Fill: 490 Max Length: 90~ Mex Depth:0 Max Width: 90' Max Height: 6~ Total Cubic Yards (Cut ~ FiIQ; 4rv 11. MauNI BlOWM FNnI: _... ACCess Driveway for Tots 3 & 4 f& Mete(aleroug r m 12a. Is any portion of the development Droposal now eomptete7 AYES ^ NO ~ i 1Pb I/yes, glue reaspn88nd tleteforopneWd'vn ' ' In 1991, the access driveway and utillttes ware taken to Lot 2. 1a. Wllltne pro)ect regtnre thadistud7anee oftne lCO year flood plain? ^YFS ~/NO rcyes, Plaaae attach the Cpunty Flpotl Plaln OeVClppmenl Pamul 1d, Will the project dlslurb a nisult in tfie :removal of any va~atation? - ^y yES ~ pj(yaa, s reVapateilan plan snd saunb is iwuired Eentimbving prpjecla reaW In the tlisW,bancc Or>S,000aq. ft. ofv Bmaon re was an approved,profabs0nel revs atadal Ian 15. VYrS the project disturb or resuR ih theremdval of any wetland er riparian etetion9 ~ YES ^/ NO nyea,please inGude any pennlta DOm are EPA Or USAGE. Amidaaapn6rev plan is req' if any wetland or rlpeden ereakimpa~led by development my equeswa 1'/. 8lgnatU n Construction season 2005 r THE FOLLOWING MAPS OR DRAWINGS IDENTIFYIN HE PROJEC7ARE'REQUIRED: 1. Site IoCaticn map end zoning of the property and any development approvals assoelatad wtth the property. 2. A map wl(h surtaee Ylew Showing elavadpna or contdurs of the groutW, padinerd struclurea, f ll or storage elevations, sae, location and spatial arrangement of all proposed and e><ating atlUetUIL's on fhe site, and locaddn and elevatron of streets, reads, water supply syslems,sanltary leagues and soil bpi. ~ 3. Revagetalion plan. '., 4. The applicant may be required to Submit other neceeaery infprtnation In Order t0 tletennine of appropriate design and ptdorrnancc alandarda have been mat. 5. A site Grarfmg Plan deglling the awpa of work 18. Revell n e quuep9 15. Profeaea evap0 n an aqum Lantl Mepep pprom ^ y~ ~~ 18a. If yes, amount? ^ YES ^ NO N (~ Wla aamlvatl gab l.preOVetl YOning grovel ~ ~ ~ E A NNd AtymwE, Rmanna ferpaniN 'r dlx. ~ O !~~ e ! TNI ORM ISA pERMrtwNEN YgDDAT® BY ENGINEERING aND NA'rWrgLRE80URCE DNISION Lt988/Spa9C .Y r 1 >~ z01z0 39tid 3NI21t1W (I21ryM0~Jff 00ZbLL6b56 E5 ~9S TRANSMITTAL SHEET ~~~~~. . ~« ~.,._; COD09 WESTSMihIN STREET N. ASPEN, CO 81611 1303) 925-25T 1 \~ JI I. October 22, 1992 Aspen/ Pitkin Building Department John R. Tucker III (Cottonwood Gardens Develop Corp) -s k 49 Little Cloud Trail fOR: Benson Design and Building, Ina u ~,~ ... .. ,~ ~ I d ~-25 JO: 92=565 [ARCED: 17.0 ~ $40.00 = $680.00 r ,~ lane have been reviewed to the locally adopted building. ~enced p i ordinances by Code Analys~is~and~Design. Reviews done previously departments such as zoning, environmental health, water and. ing and the fire mar4ha! s office have nc>t been checked or verified. .. ~ ~<_.._.. ..~.w,..._. ,.,. v~~rrThis review had been completed to the normally accepted industry staadar 4~?LY` . of care and is thought do be complete, excluding those items normally ~-` enforced by field inspection. Items which require judgements and/or decisions by the Building Official are so noted. Again, thank you for using Cade Analysis and Design. "This is not a bill. Invoicing for all work done through the 12th of the month will submitted for payinenf at that time. Yo rule, f, R~t Weien Code Analysis and Design ., ~- ~. J ~,,.~~~1~~9 #328185 11/26/90 15: U2 Fec ~.UQ Bf' 6z4 PG 656 ~ • Sil+~i'8 Davis, Pitkin Cnty Clerk, Doc 'b.UO , _. .. , ~ env N 'V'Si ~~ ~ ,__ . . gESOLUTION OF TBE PITKIN C,OUZ7TY BOARD OF CODIiTY COMHlZSSIONERS ` ~ GRANTING DETAILED SUBMISSION 14ND FINAL PLAT APPROVAL TO i `W~.d THE LITTLE CLOUD SIIBDIVISION/PUD ~ _. ~ w 90= ~ , Resolution No. ~~ ;, „ Q .. `~"'"""'"v~~~^°~"'~ '~~~' ~ ~ 6axdens ,; Debelopment . 5,~'~,phh~1`uk=keY ~~~and Cottonwoacl,,,,, . Corporation, hereinafter "Applicants", have .applied to th~„/P~~t~} County Board of County .Commissioners., hereinafter "Board", for approval for Detailed Submission and Final. Plat for The Little Cloud Subdivision/pUD, pursuant_to Sections 6-4 and 6-5 of Land Use Code; and ~ r>: WFIEREAS, the applicants re proposing a PUD for four lots containing four single fami~ho~~~ith four attached caretaker ~, ~f ~~ .units; and. jggEREAS, the Applicant's parcel is zoned R-15 PUD below they 8040 elevation line and AF-1 above the 8040 line and contains) approximately 9.6 acres; and ~ ~ Sg1D;REAS, said parcel is located south of the Ice Garden and . ,, a,,, west of Koch Park on the lower slopes of Shadow Mountain more, ;,. ~.'~ specifically described in Exhibit "A" ; .and ' ~~"29ua»~`u"fir ti wfiEREAS, the PUD received General Submission ap~~~ ~ ~ ~~ m , the Board of County Commissioners on January 24, 19 9 Pur~suan~~~ o, Resolution number 89-i8; and ~~~°~~~~= the WBII2EAS, the Planning and ..Zoning Commission consi Application at a duly noticed public hearing at their regularly scheduled meeting on March 20, 1990., at which time the recommended approval of the Detailed Submission; and ' ~~ .ry ~ r #32EiF~5 li/~6/90 15:02 F:ec s. 00 BF. 634 FC E;57 S~ilvi2 Davis, Pitkin~Cnty Clerk, Doc x.00 __ . . " 1 Resolution No. 90-~ Page 2 • WHEREAS, the Board considered the Detailed Submission and ', i, Final Rlat approval at'regularly scheduled meetings on May 15 and', ..__ June 12, 1990; and :, I - .WHEREAS, the Board discussed the possibility of maintaining the historic Midland right-of-way. as an open transportation', corridor on this site; and i it was determined that the.a plicant could not be Wf~,. p required ~o. maintain the. historic right-of-way as an open corridor due to the fact that said corridor is .not presently shown on the Transportation .Element of the Aspen Areal' Comprehensive Plan; and WHEREAS,' the Board determined that said application adequately addressed.. criteria in Sections 6-4 (Detailed .Submission} and 6-5 )Final Plat) of the Code. NOW, THEREFORE, BE IT RESOLVED that~the Board does hereby .grant Detailed Submission and Final Plat approval to the Little I Cloud Subdivision subject to the following conditions: ', ermit from 1) The applicant_sha11 obtain., an earthmovinq p the County Engineer's office prior to initiation of construction of the subdivision access road. 2) Prior to initiation of construction of the subdivision access road, the applicant shall obtain access qr street cut. permits required by the City of Aspen Engineering Department... 3) The access road shall not be heated. ~~~ -~ 4) The applicant shall adhere to recommendations made by Nick Lampiris in his letter, which is attached. ~s Exhibit "B". They are as follows. The applicant s building permit application shall be required ~o address a-f below. _ _ • ' 'i 'I' . ,. ~, I #328185 11/26/9U•1~:02 Fec $•~~~ BK b34 P~ 658 C1erN Doc' '5.00 ' Silvia Davis, F'itkin Cnty ,+ • , :. ._ __ Resolution No. 90-1~ .. ~~ Page 3 ~~ J L' nv, N • 5) a) The rear walls of homes on all lots shall be designed to act as retaining walls as follows: ,. Buildina Site #4: If toe of hill .is cut at all, rear retaining wall is to protrude.. at least four feet above finished grade with no doors or windows on the' uphill facing side below four feet above finished grade. Bu;ld~na Site ~3: If toe of hill is cut at all, rear retaining wall is to protrude at least four' feet above finished grade 'with no doors and windows on the uphill facing side below four feet above finished grade. (/BU~~d~na S~ ~ A stem wall shall be designed ''-to protrude. at least 6 feet above finished grade., .. _ ,. Doors and windows on the uphill side shall only be above the stem wall. Buildina Site #1: A stem wall shall be designed to • protrude at least six feet 'above finished grade. above the stemowalln the uphill side shall only bel b) Site specific soils studies. shall be conducted on all lots. and incorporated into. foundation design. c) Landscaping shall be designed to direct drainage,. positively around the building sites designed around the rear of the home to protect d)~ On Lot 2, / rockfall. The berm against .snow sslides a and rench feature filed l and portion of this feature shall be p compacted to at least 85% Proctor Density against a stem wall designed to protrude at least six feet above finished grade. Doors and windows shah .only be at the.. second level. of the home on' th' rear side. e The de ression caused in art b the railroad beg ) on Lot 1-shall be well drained to prevent pondina on the site. . e f Foundations on all sites shall .conform to th Seismic Zone II criteria of the Uniform Building Code. The applicant. shall submit a fugitive dust plan prior ,~. #3~B1g5 li/2o/4U 15:U~ Fec g.OU bF: b34 F6 659 Silva Davis, Pitkin minty Clerk, Doc x.00 Resolution No. 90-~ -, Page 4 to•the issuance of a building permit, 6) 7) 8) 9) 10) 11) . 12) 13) 14) 15) All caretaker units"shall be deed restricted with the Housing Authority prior to_, issuance of a building permit. Attached caretaker unit o00u s arelfeetded The the maximum residence size of 6, ~ size of caretaker units shall be in compliance with Housing Authority 'Guidelines' in effect at the time of building permit issuance for said units. The applicant. shall comply with County Air .Quality standards in effect at. the time of issuance of a building permit... The applicant shall work with the Environmental Health Department to determine the best procedure for handling . any potentially toxic substances found on site. Specific soils testing for toxic substances shall be conducted on Lot 2 prior. to issuance of a building, _ ', permit. All residences shall be equipped with .residential Districts systems approved by the Aspen Fire Protection Homesites shall be limited to a maximum size of 6.,000 exceed thetCOUnty he ghtcstandard.~its, and 'shall not The applicant shall comply with all recommendations made by Dean Gordon in his. letter of July 6, 1989, attached as Exhibit "B". ~ All areas on site disturbed by construction shall bei revegetated within one growing season of construction. All utility line extensions shall be burieflwedl b s the utility cuts shall be reviewed and app Y County Engineer prior to issuance of an excavation permit.. A revegetation plan for said cuts shall be - a roved by the Engineer concurrent) Trenches sha PP y~ l be revegetated within one `growing season of construction.. Aspen Consolidated Sanitation District shall review .and ' approve of sewer line extension design prior to Final Plat recording. All representations made in the landscaping submission and. proposed covenants, specifically regarding building materials, plant materials, revegetation and design, v~8185 it/mob/9U i5:U2 Fec ffi.UO HK 634 PG, 660: iilvi~ 27avis, FitF:in Cnty' Clerks 'Dac $.00 Resolution No. 90-~Q Page 5 • shall be adhered to and represented in the Final.,,,:. trictions Agreement. d R a es n Covenants, Conditions 16) The Subdivision Improvements_ Agreeroval aof the County_ a p t ' p . he Trail Easement shall meet recording of the Final Plat. The r t o Attorney prio choose 'an at-grade crossing for the trail a nt . y y m Cou 1Road l ' aet t os p r •' Access of ime he at available funds needs a d on County I construction. 17 ) Setback variances shall be specified on the Final Plat prior to recording. 18) Covenants for the proposed Little Cloud Subdivision,, n guidelines similar. to si d g e shall incorporate visual roposed in the Pfister Golf Course application. those p 19) e t de bd t and for road is' utlitYdntl Attorney Lotthe &County Acco g Y . the Plat. . satisfied that Lots 1 & 2 may be sold and developed. licant and a th pp e However, a controversy exists between for• road and c cess Wolftone Corporation regarding a 4 as`designated on the Plat. It utilities to Lots 3 & is the opinion of the County Attorney that the h r e controversy must be resolved by either furt or by the Courts. agreement 'of the. parties, e a Accordengay, i'O p r develo ed until such time as the Count d & r o sol 3 access for road utilities to Lots Attorn y PP 4. 20 ) No develo went shall occur until the Final Plat an, g 1 Resolution of Approv therIm rovements Agreement c~Trai t P , of the Final Pla Covenants, and Conditions and Restrictions Easement , g Agreement are to be approved by the Plann>n Office,, to be r s e a County Engineer' and Attorney. Said document recorded concurrently with the Plat. 21) All 'material' representations made in the application shall be adhered to. APPROVED by the Board. of County Commissioners at its regular meeting on June 12, 1990. ~ ,. I i #328185 11/26/90 15: U2 kecCleUr.c,D`Doc~~.U0 661 • Silvis Davis,. Pitkin' Cn_Y .... _._..__._ ,• .. .._ _. ' Resolution Na. 90-~ _ _ _. •"~ Page 6 • ~ •~BOARD OF COUNTY COkB~IISSIONERS . ' . ' OF PITRIN'COUN'PY, COIARAl~ . -;. _. _ ~~ • Herschel Ross, Chairman ATTEST: anette J s, _ eputy Co y Clerk ' APPROVED AS TO. CONTENT: APPROVED AS TrO•FORM: ~ i C Timo y itsitt, AmY ar4e , County A o ey Pla inq ector •• •~ #38185 11/26/90 15:02 kec #.00 FtJ: 634 F•G 662 ~'~~~7~ A Silvia Davis, Pitl;in Cnty C1erk~ Doc $.UO .. ' • LEGAL DESCRIPTION - LITTLE CLOUD SUBDIVISION: ` The Little Cloud Subdivisiow~ich8isrcoimzised of6landssalsorknownlassPart mp land in Yitkin County, Colorado, the U er Sibley Lode•and the Lower. e olis Lode U.S.M.S. #1759; P4 of the Copp rop Sibley Lode which are parts of the Sibley Lode U.S.M.S. #9606; and. part of the Mollie G Lode, U.S.M.S'. # 7557. It is legally described as follows: Copperopolis Lode, Mineral Survey No. 1759, situate in TownshoT~ion South, Range West of 6th P.H~n,eMineralgSuhrveyfNo. 7364 and the lying •within the Yride of Asp Hunters Pride, Mineral S~eerooolis7L9de8 Mineral Survey No u1759 (southern) portion of the CoPP P en, Mineral which lies west of the west side line of the Pride'of Asp Survey No. 7364, betcdeen.corners No. 3 and 4 of the Pride of Aspen; and. . Sibley Lode, Mineral Survey No: 9606,•according to the United States Patent which is recorded in the records of the Yitkin County Clerk and Recorder in Book 175 at Yage 227, except for the portion thereof 'which is described in the Deed recorded in the records of the Pitkin • County `Clerk and Recorder in Book 268 at Yage 408; and, The entire portion of the Mollie G. Lode, Mineral Survey No. 7577, lying and being situated in'Section 12, Township 10 South, Range '85 West of the 6th P'14, 1980 and recorded in the record aof thenPitkin approved February County Glerk and Recorder: in Book 524 at Page 552. i (!1/azlso - ceu~ 1 ., _ 6 ' #E3:iEi85 ii/2b/90 15:02 Fee S.UU Pk 634 F6 663. y~'~`~~, ~ Silvia Davis, hitkin Cnty Clerk, Doc _5.00 . --- • Nicholas Lampiris, Ph.D.. ..: coNSU~nNCaEO~oarsr - o~ vnuEV aono • CARBONOALE, COLORADO 81623- ~ .- ~ `~, . ~~ ~ - (~03) 9839800 (21 NOtMS) June 13, 1996 Mayne Ethridge ' r••o E+o:: z~Qb~ Aspen C0 8161? .. RE: ?01 lgest Cooper Pear Mayne: This letter- is intendzd to clarify a portion of my letter on the property of June bi 1988. It concerns the reau~r°mcnt for either a 4 or. 6 foot stem wa21 at the rear ai two of the planned heroes. My intent is to restrict -ones of weakness, such as windows, en?.v rr^m ':hat A ot- b fort ka21, net atiovr= tF-;a* level o,^ thr_ 1"c'c;i' 51~e. of the homes:. .Sorry foe• the am~ir~i.u ty. '',. er~l Sine y , / ?\1 r_h0. a5 Lalr'tpl rl £i ~ ',, Consulti ng Geclo•~is'•~ s;. .t _. oe w tr Jx+413MMW o##VH:npaakAyVb:~b~16w.>ik Sw. A+_"k35tFkP&.~~ ~~ti4~$~13+rn9^3L$:dvwm'm4e~e"~M"5uvY£~S!£8ti"ijbb4*.~41 _ _ -- _ .. _ #iZ~6185 i1/'<b/90 15:02 Fee s.OU Pf: 634 PG 664.- •,Silvia Davis, Ptkin Cnty Clerk, Doc $.00 •~, . Nicholas LamPiris, Pti.D.. .,.~ . ' ' _ .. ...._ . . consuLnNa cEO!.oclsr :.,... _: . 0554 HIGHWAY 82 CARBONDALE, COLORADO 81623 5 Wayne Ethridge.. F•. 0. Pox 3863 Aspen CO 81612.. F,E: 201 West Cooper Dear Mr. Ethridge: I have completed my geologic nyestigati~n for purposes of House Pill 1041 of four sites within the aboye referenced pr o.7ect. The developable area lies `south of the Colorado u Midland right-o-f-way on the south side of the Town of Aspen between First and Third Street. This is within the"Aspen 7. 1/2 minute quadrangle, Fitkin County, Colorado. The topography of the lower portion of the property consists of the steep, northeastern-sloping hillside. at the base of i Shadow Mountain !vhere it meroes !vi.th the artificial berm which is the Colorado 2~ Midland right-of-way. Toward the southeast there is a long, linear depression between the base of the mountain and the old railroad bed. There is a i prominent bench at the base of the Copperopolis claim • approximately 7U feet above the base of the depression and west of it. Most of the hillside is-covered with conifers up to 1U to i2 inches in diameter. There are a number of limestone and dolomite blocks scattered along the hillside and its base with a well developed foot path =_ystem all along the hillside toward the base of the cliffs abpve, There are i several mine dumps, indicating previous mine worf;ings, in this area. The geology of the site consists of colluvial and talus material which has been derived over the centuries from the ~ carbonate and sandstone outcrops above. This material ranges from clays, silts, and sands to angular rocks and boulders. No outcrops were visible within the area proposed for development. The sandstone and carbonate units on the •' mountainside above the site are mostly the faultEd Leadville Limestone,_ Manitou DolomitE, and Swatch Guartcite of Paleozoic age. Because of the complexity of the a°ology of the site-, it is difficult to ascertair.what unit ar units vr~derlie the proposed development site, bits probably the hoiden Shale or one of the previously mentioned !.:nits. .est i holes drilled on the Sibley Load Mining Claim from 1973 _ ,~ ... ~.:~.. . „ ,r~.~ G ~a ... ,~~,.~ #328.185 11 /26/90 15: ~>2 ftec ~. ~~r> ~'K 634 -FG 665 SikJia Davis, Fitkin Cnty Clerk, Doc 4.0~ • _~ indicate that no bedrock was encountered to at least a depth of 14 i/2 feet. The general setting of this geolpdippine, sequence of Paleozoic roC{s is that of the steeply ncline • even overturned, west limb of a north-south`OnenPassesyjust on Aspen Mountain. The Castle Creek fault , west of the subject area. Although each of the four eologic1hazards1whichemayeberately, there are •three types of g i factor on the. project sitee 1. Steep and potentially unstable slopes 2. Rockfall zones ?,. Snow slides ~~ is at the west end of the development at the • _ite #4 building west edge of a natural bench which should prdvide a suitab e site for development. Very little hillside c~ittina will be necessary, and'rockfall and snow slide hazard is at a minimum because of the general topography and the thic{: cover of conifers on the hillside above the site... Ntoebehcutsat all, especially if the toe of the hill is going the rear wall of the home should act as a retaining wall to this hillside and protrude at least four feet above finished grade with no doors or windows on this uphill-facing side. Site specific soils engineering 4=i11 be necessary as well as positive drainage around the site. building site #~ is at the narrower southeast end of this bench. because of this, more of a hillside cut will 6e necessary. Even thoLigh the .hillside is somewhat gentler here ±han elsewhere, it is very. important that the rear- wall act as a retaining wall to replace the material e;:cavorted, The same conditions and mitigative recommendations for the previously described site will also pertain herE. in addition, I believr that it is important to conduct a tactor of safety analysis on the hillside where the 'toe grill be removed. building site #2 is on a bench formed by old tailings workings out of the Alabama Tunnel.. The tailings have been in glace far a long time ahd should be fairly stableTheurear site specific soils engineering will be necessary. of the homesite should be lahdscaoed so as to dire<tsomoarnat• drainage around the rear of the site. This site i~ more open to small snoar slides and minor rocicfall than the previous trio; therefore, I recommend th-t e. smaii berm/tren~.h f~atu:~e be d=signed aro:..nd ±he rear e+ the"hoR~e in order ro protect against. these two hazards. The berm Pori-~^rr ef'this feature should be piled andcompacfed to at least 8~~ Procter ~s.xt,'i F35 ~' : ~6/9U iS:Ur Rec ~~$. OU HY 634 F'6 •~SiLvia Davis, Pitkin~Cnty Clerk, Doc ffi.DO .. ~ . ..~.... 1 Density against a stem wall designed to protrude at least b ~ feet above,#inished grade. Doors and windows should be only at the second lever of the home.. on the rear side._ Site specific soils engineering will be required. Building site #1 is on.an essentially flat site. at the base of the hillside at the. east. end of a linear depression caused in part by the railroad bed. This site is susceptible to ,,,.. small snow slides and rocl fall. The recommendations for. the. previously described site will all .apply here with the additional recommendation that the depression be well-drained so that ponding will. not adversely affect the site. ' It is my understanding that municipal water and waste disposal systems are available. Access to site #1 will be _ i easy because of its. low, level and prflximity to the streets of A=_pen., but-sites #2 throuoh #4 will need to be ~ngirteered alono a fairly steep, but relatively stable, hillside. There are no geologic conditions which will act to mace this desion any more difficult than elsewhere in the County where hillside roads must be built. An additional recommendation i is that the finished hpmes be desoned with adequate ventilation at lower levels to mihimize the accumui~tion of rayon gas, even though it is not certain that it is_being "'emitted in the area: There are faults in this area, but.. they ', are millions of years old, and b am not aware of any movement ', along them in recent years. I recommend that the Uniform., P•uilding code'be followed as it pertains to Seismic Zone II. I believe that these sites can all be developed as indicated if the preceding recommendations are followed..., In,addition, I believe that it is importaht that I be present during the staking of each building site and the suggested landscaping features, hecause they are so important to the project. If there are further questions, please do not hesit2te_to contact me. _ Sincerely, ~-t..1~-7~,~~ Nicholas <_ampiris Consul tinp Geologist I __ ~.~ R~c~Otioa No COUNT't RECORDER etraK J:S~ ~..~/ l~ ' S1lViA OAYIS PlTKIN ItESOLUTZON OF TfD; BOARD OF COUiiTY COMMISSIONERS OF PITRIN COUNT7C, COLORADO GRANTING GENERAI. SIIBMISSIOH APPROVAL FOR 201 WEST COOPER PUD ~ Resolution No. 89-~_ f .. _.._ WgET,EAS,.,on January 24, 1989 the` Board of County. Commissioners of Pitkin County, Colorado "hereinafter Board" reviewed the 20.1 West Cooper PUD: and ~, the 201 West Cooper parcel is, located on Shadow Mountain, moze specifically descrbed.in Erhibrt "A";..,and WFUrREAS, .the Pitkin County Planning and Zoning Commission. reviewed the application and recommended approval to the Board; .:.: .and the Aspen City Council reviewed the application. WEB' RBAb 1 given its, _ close prop approval with~specifi~ ,-e.,; ow [`1'; tP_Yla: and .mity,to the City limits and recommended conditions relative to City 8040 Greedline eooR S~Ei ~~;~ ~ Resolution No. 89'L Page 2 Contact the Fire Marshall and desi n t s. b, road/driveway in accordance 'with his requirementhe !; ~ P ~ ng c. tobwater sews. e,frgm the City of As en cormitti d. Research the possibility of relocating the N.idland right-of-way `trail to the- north and present a proposal to accomplish the rail"relocation e. `Research the possibility of constructing a grade separate trail and .:.present a proposal for the trail crossing. f. Submit elevation drawings •of the road '`and driv`eiaay's: ~ ~ q, The. applicants shall submit design parameters for the'~homesites. This shall incltisde limitations on massing, length 'of walls, height and use of materials. No home is to exceed 6,000 square. feet .':including the'"Einpioyee Dwelling Units. h. Submit detailed engineering drawings of the ® road/driveway. ~ s,..,, Submit_,a more detailed. geologic, analysis of e or'slide potential. `` ~. potential water seepag 2. `'The applicant shall submit a fugitive dust plan prior to the issuance of a Bus.lds.ng Permit. ;" \ ~, ~_` ~ ~" ' ~ ~' ~ ~ ~ ~ ~ lication -s~ all t, ;,x 3 ,,:All -"material representations'„ in ~ tfie app ` be adhered to ~ 4. ?The~development° shall comply with. the recommendations °,:. . made by Nick Lampris and Dean Gordon contained within the,applicats.on. . 5. The applicants~"shall stake the buildiegl~e~e~°of~ the Detailed Subms.sss.on representing the p ~~ enve~.opes and the; proposed height of the structures. 6.~~ The Detailed `Submission revew• of'~ the 'application`' should include an evaluation showing the design lication based u on the Cs. parameters of the app p licant s of 9 g hall <Aspen's°8040 Greenline, crltes-la. The app present information regardin bus.ldin `heights, and foot_nrints"at Detailed Submission. ,. ~:,_„ ., :a- gesolution No. 89-~ Page 3 7, The Detailed Submission: sand d thAreSh dowt~Mountain Planning Comm sioh Neighborhood. g, At Detailed Submission the applicant should provide a proposal for the implementatio~hefrecommendationsnmade trails system consistent with. by Al Blomquist. em to ee units shall be deed restricteeewhousing 11 9, All _p Y Housing Authority and open to the. employ rental market. _ .._ d` nnR i r ~ ~c ec~ cirri ~ri r Vt HSrEIY...:. ~ P.2i4 ., . „ ~ .anw. FUGITIVE DUST CONTROL PLAN FOR LAND DEVELOPM6N7 Regulation No. 1 requires that a fugitive dust control plan be submitted by applicants whose source/activity results ~n fugitive dust emissions. The control plan must enable Lhe source to minimize emissions of fugitive dust to a level that fs technotogicaliy feasibl`e`an6 economically reasonable. If the control plan is not adequate in minimizing emissions a revised control plan may be required. The control plan (if acceptable to the Division} will be used fer enforcement purposes on the source(s). Please Check the dust control measures which you propose for your activity. The control measures checked wi71 be enforced by the Oivfsion. Use separate sheets if more space is needed. Also note items with an asterisk (*)• This indicates those measures which will probably be required. I. Control of Unpaved Roads on Site * ~ A. Watering...... (1 ) Typicdi watering frequency: ASA1EEDiEL' Times/Day; or ^ i3. 1'~1 C. * ,~ D . ^ E. ^ F. (2) Maintain Opflr'Soil Moisture Content (Specify percentage Aeruna '~ vARfES w+ru 7VPe3 eP 5ott~ Application of Chemical Stabilizer i (1} Frequency of Application ~~ (2) Type of Stabilizer Ii Paving: WhenAFttRe Rre((~j,~taCh schedule showing when paving would occur Where e<ESs IQnA9 Vehtcle Speed Control (1) Speeds limited to mph maximum. Speed limit ~ Pa signs must be posted.~Generally 30 mph is maximum ss+rscE approvaTi~e spee4 on site.) SpElsS EXCEfDtNb 3cMPM N t i DnE75 PfIY$ttNt GAYOdT eN PJf13. .Js 6St td. Road Carpets Type Other (E+splain). I ,.~ _.. .: w<. ~ _ ~,~. I'IHK 1! '7C 17.3~CJr'f`I Ll~Y Uh (-~SNt~`{ LAN FOR LAND OEYELDPMENT KUGTTIVE DUST CDNTRDL P Regulation No. 1 requires that d fugitive dust control plan be submitted by applicants whose sourcelactivty results in fugitive dust emissions. The control .plan must enable the Source to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasonable. if the control plan is not adequate in minimizing emissions a revised control ~ plan may be required. The control plan (ff acceptable to the Division) will be used fer enforcement purposes on the source(s). ~ Please check the dust control measures which you propose for your activity. The control measures checked will be enforced by the Divfsion. Use sepa7his sheets tf more space is needed. Also note items with an asterisk (*)- indicates those measures which will probably ee required, I. Control of Unpaved Roads on Sfte * ~' A, Watering (1) Typical watering frequency: As;vEEOt° Times/Day; or (2) Diaintain OP'rr'"~Sofl Moisture Content (Specify percentage peruAa / V,oA.ES Wr>N rvPE oP 5olL~ ^ Q, Application of Chemical Stabilizer (1I frequency of Application ~.r ~cJ C. * ~1 D ^ E. ^ F (2) TYPe of Stabilizer. Paving: WhenA_.~_T_6P~C~sr-dfi~~rtaCh schedule showing when paving would oGcur.~ Where ectSs ,QoA~ Yehicle Speed Control (1) Speeds limited to mph maximum.. .Speed limit ~ ess,bct signs must be posted.. ~Genes~~Y53EX~DiNe ~oMP~ r' 7 ~ approva6le speed on site.l ~~ ~ prlYSi~AI LAYOdT oN TABS debS716. Road Carpet:. Type Other (Explain): _=~ ~ /~ MRR 17 ' 92 ~~ ~ Berri u i r ~r FIbrLIY . _. . II, Control of Disturbed Surface Areas r ~ A• catering ^ 6. ()) Typical watering frequency 1v~~ times/ddy or (2) Maintain Oprimvm~ soil moisture content. A~>~R~ °~^ ~^`L'~'^~tr+~ TYPE of Se~L Application of Chemical Stabilizer (1) Frequency of application (2) Type of stabilizer -- ~.;4. .. ('~ C. Vehicle Speed Control (1) Speeds limited to mph maximum. ~ D, Minimize disturbed area -attach detailed development schedule (with map). SEE Lf+~OSeRPE ~LA~ ATE"' ® E• Revegetation -attach detailed schedule with map (can combine with D above). ~ (11 mulChng {Cireleuapppopriatelchoices,)wrth/without) ~ (2) Landscaping [J F, Furrows at right angle to inchesl(S9 orngredter needed) Depth of furrows * ~ G. Compaction of disturbed soil on a daily basis to within 90°b of maximum compaction (as determined by Proctor Test). ® (1) Foundation areas only; or ~] (2) At1 disturbed soil. ~ H. Wind Breaks {generally required if adjacent to developed areas and must be in place prior to overlotting). (1) Type [] {a) Solid: Material ~/,a7dzat ~'i9fe~ ~,¢ocK (i.e., brick, cement, wood) ~~- ~ /; `. ~' ;'i ~` - ~ .,....._ ..mow, . ..~..,.. MAR 17 '92 03~26PM CITY OF RSPEM r.aia ^ (b) Mesh. wind screens (state mesh size): _____._^_ ^ (c) Snow fence or other fence (specify.) ® (d) Berms: Height YRR/E8 ft. [] (e) Vegetation: TYpe _ Spacing ~^,._ft. Initial Height ~.,~~_.. Q { f) Other ~ (2) developed dreashow lacaCion, prevailing wind, nearby ~ I. Synthetic or natural cover for steep slopes. (1) Type $ ,N e< ~~~~ (netting, mulching, etc.) (2) Location A+~'gD°°~ RtsaHruckGu(show on map) * IIi. Prevention of mud and dirt carryout onto paved surfaces. A. Prevention (i.e.. gravel entry ways, washing vehicle wheel s, cover or do not overfill trucks) B~es~n+uuaa ,eea~ B.asE ~ 6. Cleanup of Paved .Area (i) Frequency AS Nf~ (generally daily) (2) Method (i.e.. street sweeper, hose with water, eCc.) MA.VuaI. GR8a2 -!- tn/au~ !-lost o27RUer AS /vE~DG? iV. Other (describe in detail) DECIARATION OF COt7ENANTS, CONDITIONS, RESTRICTIONS ASSESSMENTS, LIENS AND EASEMENTS " .~ - ~,, INDEX ', _. .. _, Page . 1 RECITALS ...... ................................... 2 ARTICLE I - Definitions ... ••••••••• •• " • b ARTICLE' II - ....... •• •• Property Rights ..... • ARTICLE III - Property Subject to this Declaration .. 8 ..... ' ARTICLE IV - Use Restrictions and Easements ........ ...... 9 ARTICLE V - Architectural Control .... ...•••• • . 21 ••••• ARTICLE. VI Membershi and Voting Rights ... 22 ion P sociat , As ARTICLE VIL - Covenants for Assessments and Creation 25 .. of Liens .... ..... ... 32 ARTICLE VIII - .. Common Area ........................ .... I 34 • ARTICLE. IX - Maintenance ..... 35 ARTICLE X - Insurance ••• " " i~ . 'ARTICLE. _ XI ... ....... ... Damage and Destruction 37 . ~ -., ~~ ° ~ ;~ . 37 ARTICLE XII - ...... ...... ....! Condemnation •• ` 8 ARTICLE XIII -.Rights and Duties of First Mortgagees - 3 .......' ' ARTICLE XIV -Term .and Amendment ................... ,. - ARTICLE { XV .. ... -General Provisions ............. __ ~, • i I ., „sue. _ _. ~ ..... ............x,.w. ~..; ~ ,~ . ~ DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS, ' ASSESSMENTS, LIENS AND EASEMENTS FOR ~, LITTLE CLOUD P.II.D, THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, ASSESSMENTS, LIENS AND EASEMENTS FOR LITTI:E CLOUD P.U.D. (herein, "Declaration") - is made this-- day of December, 1989~by`Cottoaw"o`o II aran sindividualnt(herein an Arizona corporation, and John R. Tucker, collectively called "Declarant"). W I T N E 5 S E T H: WHEREAS, Declarant is the developer of approximately 9.6 acres, more or less, of land in Pitkin County, Colorado, which is compri er Siblen Lodesandnthe ' as part of the Copperopolis bode U.S.M.S. #1759; the Upp Y '' Lower Sibley Lode which are parts of the Sibley Lode U.S.M.S: #9606; and part of the Mollie G Lode, U.S.M.B. # 7557; and certain Easement oval thereof lsbeing ' ' known as "201 West Cooper PUD" as referenced in the app Resolution No. 89-18 of the Board of County Commissioners of Pitkin County, a copy of which was recorded on February 20, 1989, in Book SfiB, Page 273, in the .Pitkin County Records, to be from this time forward known as LITTLE CLOUD P.U.D.; and legally described.. as follows: Copperopolis Lode, Diineral Survey No. 1759, situate in Township 10 South, Range West of 6th P.M., excepting therefrom that portion ' lying within the Pride of Aspen, Mineral Survey No. 7364 and the Hunters Pride, Mineral Survey No:'" 1760, and .excepting the upper ,,~ ,,, (southern) portion:of-the Copperopolis Lode, Mineral Survey No.'1759 :~, which lies west of the west. side line of the Pride of Aspen, Mineral Survey No. 7364, between corners No. 3 and 4 of the Pride, of Aspen; and, :. I , _. Sibley Lode, Mineral Survey No. 9606, according to the United SEates Patent which is recorded in the records of the Pitkin County Clerk ~~ and Recorder in Book 175 at Page 227, except for the portion thereof ''s which is described in the Deed recorded in the records of the Pitkin County Clerk and Recorder in Book 268 at Page 40$;u~arid, The entire portion of the Mollie G. Lode, Mineral Survey No. 7577, y lying `and being situated in Section 12, Township 10 South, Range 85 West of the 6th P.M., as shown in the Bureau of Land Management Plat approved February 14, 1980 and recorded in the records of the Pitkin "' County Clerk and Recorder in Book 524 at Page 552. ~, 1 _. . , ww. r., ., ., _, r ,.. k. ~ .,, ...M ~I ~~ 'I "•-a~~iaG{on" shall mean and refer to LITTLE '~ .Section 1.5. ~----~---- P oration, its successors __ _~LOUD ki0ME0WNERS ASSOCIATION, a Colorado non rofit corp WHEREP.S, Declarant desires to establish for its own benefit and for the mutual benefit of all futuze owners or occupants of the above-doveYiand upon property, or any part thereof, certain easements and rights in, such real property and certain mutually beneficial restrictions and conditions for the maintenance thereof and the appropriate mechanism to assu rctectedcas present beauty, views and setting bf LITTLE CLOUD shall alwaysermitted b this much as possible in connection with the uses and structures P Y instrument;'and .WHEREAS, Declarant desires to form a Colorado nonprofit corporation for the purposed of benefiting LITTLE CLOUD and the Owners (as respectively herein "defined), which corporation will operate and control a vaziety of Common Areas (as herein defined) within LITTLE CLOUD; cause the provision of management and maintenance services for such Common Areas as more fully set forth herein; and establish,`levy, collect and disburse the Assessments (as herein defined) and i other charges imposed hereunder; and WHEREAS," Declarant. desires and declares that all of the real property l described above .shall be held, sold and conveyed subject to the following easements, restrictions, covenosesofn rotecting the value and desirability of, .herein, which are for ,the purp P arties having .and. shall run with, such real property and beertndor an n part thereof, their nny right, title or interest in such real prop y Y heirs, successors and assigns, 'and shall inure to the benefit of each Owner thereof. OW THEREFORE, Declarant hereby declares, covenants and agrees 'as N , follows: - .,, ., ARTICLE I ~ t. .:' ~, . DEPINITION3 Y,, J Y ~a r _. ~ ) ` ' Section l.l.f "Annual Assessments" shall mean and refer to the charges levied and assessed-each year against :each Unit or Owner pursuant to Article VII, Section 7.3 hereof: ' Section 1.2. Article ~f Inaorooration" shall mean and refer) 'to the Articles of ,Incorporation of the Association, as amended from time toy time. ~, ~, e~. ^"- Section 1.3. "Asses t" shall mean and refer to any Annual Assessment, Special Assessment or an Individual Assessment. i " ssessment Lien" shall mean and refer to the) Section 1.4. ° lien created'and.imposed by Article VII hereof ..and is synonymous with the ter m >j .-"Lien".-In tha£~~regard,4"Claim of Lien" shalTmeanthenotice and claim of Lien relating to Asaessments described in~Section 7.9. I'i II 2 t Section 1.5. 1{.ssociation" shall- . CLOUD HOMEOWNERS ASSOCIATION, a Colorado noiipjbft c .and assigns. property so designated on the Plat, indite ng that portion of a Lot) upon which a Unit may be constructed, all as more fully set forth in Section 4.4 hereof.. Section 1.9. "B aws" shall mean and refer to the Bylaws of the Association, as amended from time to ime. i Section 1.10. "Caretaker Unit" means that portion of a unit 1, designated as an Employee Unit and deed restricted to be rented consistent with the Employee Housing Guidelines in effect at £tie time of any rental, and rented as more fully described in Section 4.21 of this ,Declaration. Section 1.11.~Common Area" or "Common Areas" shall mean and refer to all real property, including Eha improvements°`a"n"d personal property located thereon; owned by the Association for. the common use and enjoyment of the Owners. The Common Area to be owned by the Association and the Yntended purpose thereof is described as follows, with the intended purpose of each tract being more fully set forth on the Plat: d refer to" LITTLE --- ---- Section 1.6. "A"mac+nrton Rules" shall mean and refer to the Rules and Regulations relating to LITTLE CI:OUD and adopted by the Board and established by the Association, as theg may be amended from time to time, and, i is synonymous with the terms "Rules and Regulations" and "Rules". „ " " nP Di*ectors" shall mean and Section 1.7. oa or hoard refer to the Board of Directors of the Association. ~... .,. . ~. ... ~.r... ~ ... Section 1.8. "Bu~,~dine_Envelooe" means the portion of real ti that portion of a Lot (and only (a) The Private Roadway, (b) ..Major open space areas; and '' (c)"Utility, brainage and Retention Easement areas. I Nothing herein shall prohibit amendment of the Common Area to increase or decrease its size and scope consistent with the owner's beneficial use and enjoyment of their respective properties. .'Nothing herein shall be ;deemed to prohibit the Declarant from acquiring additional Common Area,i improving the Common Area or conveying a portion bf the Common Area to any third party or third parties; prior to the sale of three lots, The .initial development schema of the Property established by Declarant, except as specifically provided herein, will not be altered without) approval of the Board. Section 1.12. "Constituent Documents" shall mean and include this Declaration, the Plat and the Articles of Incorporation and the ,Bylaws of the Association. 3 ._ _ _ ,_ <x, .,,_~,b .. ~ .._.,.. ...r~....,._ _ ~ k,,.. Section 1.13. "Declarant" or "Develooer" shall initially mean collectively Cottomrood Gardens Development Corp., an Arizona corporation, and John Tucker, III, an individual; or any trustee or escrowee which may be designated by Declarant, including any of Deelarant's successors. and assigns. "Declarant" also shall mean and ipclude ^'Developer", whch~terins in'ay ~be used ~ interchangeably herein. Declarant shall also mean an}M person, entity or firm to which there is transferred one or more Lots for the purpose of development thereof by such party and Declarant specifically assigns its rights hereunder in a written recorded instrument to such party. Thereafter, such person, entity or firm shall be and shall be deemed to be Declarant hereunder and Declarant (as initially defined herein) shall have no 'further responsibility'or'obligation under or pursuant to this Declaration. It is provided, however, that in no event shall theta be more than one person or e`n'tity "who or which shall be "Declarant" hereunder unless Declarant, by written instrument, declares its intention to split, divide or partition the Declarant's interest created hereby and the conditions under which the parties to whom the Declarant's interest is distributed may act as Declarant hereunder. Section 1.14. "Fireolace" shall mean an ordinary open ~ combustion hearth with chimney exhaus`t'into"oYStside air. Section 1.15. "$"^laration" shall mean this instrument,, as same i may be amended. from time. to time. i Section 1.16. "First Mort¢a¢e" shall mean a first priority lien deed of trust as well as a first priority lien mortgage, bn'any Lot held by any bona fide lender who has advanced funds with a Lot as security, including, without limitation, a~First Mortgage "'roh~ch enable3 beclarant to acquire a Lot or Lots in the Development, sometimes also known as a Purchase Money Mortgage. "First Mortgagee" means the beneficiary of a first priority lien deed_of trust, as well as a the holder or beneficiary of a first priority 11en mortgage, as the case may be, and the successors and assigns of any such party. Section 1.17. "~mvrovement" shall mean any buildings, dwelling ! ~. , houses or places and ancillary structures'; garages, clubhouses, patios, ramadas, walkways, gates, roads, roadways, parking areas, lighting fixtures, fences, walls, hedges, sprinkler .systems, signs; sports or recreational equipment and facilities, plantings; planted .trees and shrubs and all other structures or .;landscaping of every type and kind located on the Property. Section 1.18. "Individual Assessment" shall mean and refer to an Assessment which is payable by a single Lot Owner only for certain items; relating, to his-Unit or Lot or to his actions, all as described in Section 7.5. • Section 1.19. "LITTLE ,CLOUD" shall mean the development, andlthevPlat forlitrrelate,and improvements thereon, to which. this Declaration) Section 1.20. "Lot" shall mean and refer to one of the Lots numbered 1 through 4, inclusive, shown on the Plat, together with any Improvements on a LoC, with the exception of_the Private Roadway and Common Area' as described in Article II below, all as shown on the Plat. ~ 4 ., r:. Section 1.21. "~-««e.a of Record_ shall include and mean all conditions, rights of way, 'liens and reservations, easements, restrictions, encumbrances and other matters which aie"recorded in the office of clerk and recorder for Pitkin County, Colorado, including, but not limited to, .this Declaration and the Plat Map. ^ e o-r "Owners" shall mean_and refer to the Section 1.22. ~--~-- record owner or owners, whether one or more persons or entities, of equitable or beneficial title (or legal title if tha same has merged) of any Lot. The foregoing does not include persons or entities who hold an interest in any Lot solely as security for the performance of an obligation so long as' the holder of the beneficial title to the Lot has an interest of record. Except as stated otherwise herein, "Owner"shall not include a lessee or tenant of a Lot. For i the purposes of Article IV of this Declaration, es[sssinvitees t licensees and requires, "Owner" shall also include the family, g attics holding any lessees of any Owner, together with any other person or p rovided, however, possessory interest granted by such Owner in any Lot• It is p that the term "Owner" shall never be construed so as to give any rights or privileges to family, guests, invitees, `licensees and lessees ouest oor buests ', Owner, it being the intent hereof that, for example, guests of g B of family shall not be deemed to be Owners hereunder and shall have no rights under this Declaration. Except as otherwise indicated in this Declaration, "Owner" shall include Declarant so long as Declarant owns any Lot within LITTLE CLOUD. " " "Plat MaD" shall mean that certain Plat Section 1.23. plat or relating to this Declant~he office of Lcle k and recorder for PitkinrCountyn Colorado, in Plat Books-__, at Page and all amendments and supplements. '~I Section 1.24. "Private Roadwav" .shall mean the private roadway located on the Property as .shown on the Plat, which Private Roadway shall constitute private roadways designated with-in the Common Areas, as more fully set forth in Section 1.11 above. The Private Road-way is conveyed to the Association by virtue of'the dedication thereof on the'Plat. Section 1:25. "Pro~~" or "Proverties" or "bevel` t_'herein', mean and refer to all that certain real, personal or mixed property,. t to this Declaration. described,. which is or becomes subjec - Section 1.26. "Recreational Vehicle" shall mean any vehicle,. whether used for recreational purposes or not, classified by manufacturer rated as exceeding 3/4-ton, including withe~t shellta detached mcamper hoboat trboaG' trailer, tent trailer, trailer, camp rovided, however, that the trailer or other similar equipment or vehicle; p following shall not constitute "Recreational Vehicles" within the meaning of this Declaration: (a) Pick-up trucks of less than 3/4-ton capacity with camper ....shells, only 1f the same are of such a size and nature that they may be, and are, parked in a garage for a Unit; or (b) Mini-motor homes only if the same ..are of such a size and 5 ~~, Y _ __ ,.., ~~~ -y .: nature that they may be, and are, parked in a garage `for a Unit; and in all cases used on a regular and recurring basis. for basic transportation III of a Unit Owner or of a lawful occupant of a Unit.. ', Section 1.27. "Rules" shall mean and refer to the Rules and Regulations as adopted by the Boa=d and established by Ehe Association, as the same may be amended from time to time, as more fully described in Article VI, Section 6.8 hereof, and is synonymous with the term "Association Rules". .__:. i Section 1.28. "alnele Family" shall mean a group of one or more persons each related to the others by blood; marriage qr legal adoption or a group of not more than three couples or individuals or combination thereof not i so related who maintain a common household_ in a Unit. Further, at no time shall ._.. r ~ .. +.J. any Unit be permanently or regularly occupied'by"more than twice the number of i individuals. than bedrooms in the Unit. i Section 1.29 "Sp~~ia1 Assessments" shall mean and refer to any ', Assessment levied and assessed pursuant" o Section 7.4. Section 1.30. a l", frail Area" or "'rail Easement" means those portions of the Common Area so designated by Deelaran£' either on the i Plat, as the-same may be amended from `time to time pr .pursuant to Section 4.3(b). Section 1.31. "U_n,. ~"_ shall mean and refer to a single family residential dwelling constructed. upon one of the separately designated Lots, which term shall also include an Im rovements .erected, constructed or Y. p - . maintained., on such Lot ,, ., -' it Section 1.32.. "Visible`From Neiehborine Pzoverty" shall mean;" .~,. with<respect to'any'given,object;'that such object 1s or"`"would be visible to a i person'=six feet fall,"standing or located, on :any part of such neighboring ' property, at an elevation ,no greater than the elevation,o£ the base of the object ~~_ 'r M rR ,.s~being~viewed °iWhen~used'above',"'the=term'"Neighboring Property" shall"''meen'anY `,portion of'the Property, including, without `l imitation, the Private Road-way, :,,any Common, Areas, any Unit, any Lot or any other, part of LITTLE CLOUD. I ,~ ~ ,; ~. - ~~ ~ ~ Section 1.33. "Wood Burnine Aooliance"~'shallmean°any stove,'' ~" `~ ~ .oven or°°other closed combustion device designed with controlled rates of ~i combustion and modulated emissions, including~Msuch`deviees designed to'fit into ~i conventional fireplaces.' ~ , -• . ~ .. ARTICLE II - PROPERTY RIGHTS ' .: . hat the -< Section 2.1. - Private Roadway: Declarant intends t Private Roadway .within the Development shall constitute a private roadway; however, Owners shall, at a1Y times, comply with all responsibilities which ..would otherwise be required had the Private Roadway. been dedicated for public 6 ,. I _..j. .__. _,,_--- ,, use to the City of Aspen or Pitkin County or either of them. By accepting a II deed to a Lot, an Owner acknowledges and .agrees that such Private Roadway shall. be subject to the terms and conditions of this Declaration. - _ - Section 2.2. Every Owner shall have a non xclu PF a ~ight~an geasem~nt of enjoyment. in and to the Common Area which shall be a u~te'irant to"and shall pass with the title to every Lot. It is expze'ssl acknowledged and a reed b' all parties concerned that this Section is fot the mutual benefit -of all Owners of Lots and is necessary for the protection of all Owners. Such easement of enjoyment is, however, subject to the following provisions: ~'I (a) The right of the Association or the Declarant to suspend the voting rights of an Owner or the right to the use of Ehe`Common Area"li by an Owner, an Owner's .tenants or an Owner's licensees.. for any period during which any Assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty days, for any infraction of its published Rules and Regulations; (b) The right of the Association or Declarant to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to-by the Owners; provided, .however, that no such dedication or transfer shall: be effective unless an instrument agreeing to such dedication or transfer signed by three-fourths of the Owners has been recorded unless the Declarant owns two or more Lots; (c) The right of the'.. Association to establish uniform Rules and.. Regulationsypettaining,to the: use, of the Common Area; and -. ,:,.. ?; t(d) The -right of Declarant and its agents' and, ~. representatives,'in addition to the rights set`forth elsewhere; in this .Declaration,; to non-exclusive use:, without charge, of the Common Area for' construction and ,,improvement of the Development and for; the maintenance) '~ '"of>'salesa'facilities and`~for display and exhibit purposes, "<' ?I Section 2.3 ... ,. paasation of Vse.. AnynOwner may delegate, ink -., ,.. accordance with .this Declaration,"'the'Articles;"the By-lawg.and the'Rµles and Regulations,"his right of enjoyment to the Common Area to the members of his ";family"ot;to his-tenants who reside on the Property.•° " .. ~ .,~.• i . ~~ ` Section 2.4. Owners' Rieht of Eniovment Limitations. The Owners': right of enjoyment in and fo'the Property 'and the Owner's respective Lot" _~ shall be subject`to the .following express limitations:;, (a) -~An Owner's right of use and enjoyment in and to they 'Common Area shall not be .conveyed, transferred, alienated or ecicumbered separate and apart from an Owner's Lot and such right of use'and enjoyment' '_~ in-and to. the Common Area shall be deemed to be conveyed, transferred, :alienated or encumbered upon the' con6egant`e~`''transfer, alienation or' encumbrance of any Owner's. Lot notwithstanding that the description in the instrument of conveyance,` transfer, alienation of encumbrance may not~l . . . r . _' _. ...1 R refer to the Common Area or any right therein... (b) The. Common Area shallyreman undivided and no action for partition or division of any part .thereof shall be'permiEted except as authorized and permitted in Section 4.9. i (c) Each Owner, tenant and occupant of a _Lot, and the invitees, tenants and agents of. such Owner, may use the Common area in common with the Owners, invitees, tenants .and agents of the other .Lots in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful right of such others. (d) No Owner will be exempted from liability for Assessments with respect to the Common'Area,by waiver of the enjoyment of .the right. to use the Common Area, by abandonment of his Lot or UniE or otherwise. Section 2.5. `y.,r=,,^^ Area Imorovements. Declarant reserves the-, right to construct Improvements on tha Common Area for`the benefit. of the i Association after this Declaration and the Plat have been recorded. For this purpose, there is hereby crea£ed an easement in favor of Declarant, its agents ' and employees, to enter and construct. upon the Common Area such Improvements as ' Declarant may deem advisable, at Declarant's sole expense, while it still owns ~ any Lots. in the Development. Section 2.6. Ad Valorem Taxation. Each Lot shall be assessed separately for all taxes, assessments and other charges assessed or imposed by the State of Colorado, any political subdivision, special. .improvement or assessment district, or of qr by any other taxing or assessing authority. The Board shall furnish to the County Assessor or other responsible official of any ' such taxing or assessing authority all necessary information with respect'to the ', apportionment of such assessments and shall request that each Lot be carried on the tax records as a separate and distinct parcel of real property. No forfeiture or sale of any Lot for delinquent taxes,' assessments or other governmental charges shall divest or in„any way affect the title to any other ' Lot. ARTICLE III PROPERTY SUBJECT TO THIS DECLARATION Section 3.1. General Declaration. Declarant has developed the Property into various Lots. Declarant inEends to sell and convey Lots within the Property so developed to third parties subject to this Declaration. . Declarant hereby declares that all of the Property subject hereto is and shall be held, conveyed, hypothecated, encumbered, leased, occupied, built .upon ors otherwise used, improved or transferred, in whole or 3n part, subject to this, Declaration, as amended or modified from time to time. This Declaration is declared and agreed to be in furtherance of LITTLE CLOUD and of a general plan for the `subdivision, improvement and sale of the Property and is established for the purpose of enhancing and perfecting the ~dalu e bility and attractiveness of every part of the Property. All of"t e„~i?r~~o~ shall run 466s~ cK~ 8~~ ':h ~a~9d'm~~- ' ~~~~~ II . .~ ~. ___. '. I on ana inure .~ urp°sea and t ae1Y b=espgCti~ usuccessors in for all p ers and of the property nt. all 0~ Certif ° of with all of .Declare U on 1s uance o of olerk and to the benefit. $OUnd the Colorado h ° b th office upon t e interest... sof IncoY4°ratlon Y e $eCtion 3.2• icate tion thereof i shallbe binding UPO° itouance st in noun y. ColOtado~Y~is Declaration 'il State the A recorder for Yi Association. ARTICLE I~1 SEI~NTS D ~ A Lot °r _USE RESTRICTIONS ~ Residential U$e' le Family p ivate Yivate Sing ent g n e Fa iOlwner solely for the use and enj°~ gection 4.1' and used by the activities elated areas intendicai residential ied by the a Unit shall be occupied with r the Units and tYp be occup ether A Unit mar shall be deemed resident~ets~g d tesid for no other pur4°sa. herein of the er, but noth Single Family residenUnit thereto; and of an Own incidental or social guests rivate, The Owner of each family. tents a Unit to a tenant for p the lessee or ten2~nt all provisions of`this Declaration. ana obtain to prevent rental cf °f any lease, furnish tOthe Rules, use, subject'to execution g laws and `fhe ' at or prior to ective lessee or tenant. shall, the Atticl the p °sp on or before a Copy of this DeclarationeXecuted by delivered to the Association of a Unit. a receipt for such` he 0swner shall be be entitled to occupancy receipt obtained by shall ,; :" .. ^Family one week after the lessee or tenant cthet than*orie private Singleermitted ,< ... laced.: or p ".whatsoever, .erected, p No structure.. s-.Unit,. be used as or ,fora Caretaker' e abY peclarant mar .for the putpose residence and related or Units o'^Tn offices"or parking cr may~,be rented. or to'remain;on any Lot Lots and construction „;,Property, to,wsell~rLo'ts, within the; ..;f from'time to; time, model homes and for'sales"~ and conditions as it may .f the Lots.owiz~ed by of ,;enabling;Declarant~. ""`"'leased by"DeclaranC'upon`such"terms"until such,tima as all °'.ahall anY-'garage' determine,. ., arties .;= In ° nO event ' ° a Unit in" is sole discretion, tO „third•P ancillary or appurtenant t. been ,sold`' ied on either a,permanent or ;- :. Declarant:-have °r structure, occup carters or,ove~night parking area or other builaingliving unit; or .'..living 4 '` erson'or persons"'for'.. ed for the occupancy ` 1 be used as or converted to a aid or charg temporary'basis by any P occupancy of anY kind, whether there is a fee p t'non-residential use stall be '~ or not '" ~~' trade or othe t as specifically -' Noygainful occupation, ert excep which permits limited home y Unit or on or about n eCodep Y for the purpose of ~ conducted on or in of by the City' of Asp roducts or services permitted hereby erson shall enter into the Property the pureese of receiving p occupation uses.. ug s or for engaging in such I arising out of such uses. Restrictions on Declarant. Units and of Section 4.2. Limitation Declarant may undertake the work of construction of residential living '. ;: 9 ', r ', letion of that work and the •Ij7e comp essential to the on the Yropexty. deemed to be In order rovements up oral of the Units is unity occupied ' incidental Imp and other disP property as a residential cp41m -fully a ale, rental, of the established as Declarant shall establishment and welfare the Property ossible shall be be completed and as reasonably P as rapidly elsewhere in this Declaration that the wor community residential nothing in this Article or_ determine, ed to: subcontractors,.. understood or constru - in its contractors o_ or advisable (a) prevent Deelar whatever is necessary from bringing on the Property the work; with the completion'of erecting, connection resentatives from Prevent Declarant ore tsof the Property, such structures .(b) on any p of its business of and maintaining, for the conduct as a residential constructing ecessary the Property as may be reasonable and reestablishing lease or otherwise; or completing the work sale, community and disposing of the same. by n or signs on (c) Prevent Declarant from maintaining such sig thereto as may be reasonable or or appurtenant. development, identificstion any of the Property lease, advertising, such mom~ments at or near necessary for. its sale, but not limited. to, be required 'or or disposition, including, s as`maY went and sign or sign for all or anY the entrance'to the De3elop roviding financing ..requested by the any institution p poztion of the Development. The foregoing limitations o£ the application of the restrictions to -the Declarant shall-terminate upon the happening of either of the following ' `" whichever occurs first: • events, ' (a) the 'sale of the Declarant's entire interest in the ~ Property, or `?conve"ance'ofythe first Lat~in~t~s ;~ , ;`•? ,,`•(b)~`seven^years following y so ion as 'Declarant, i 'Development to an Owner by Declarant. However, gthe Declarant,,its successors and assigns; owns one or'more of the Lots, as 'otherwise provided herein, be ` '`'successors and'assigns'shall; except i subject to the provisions of this Declaration. M~ ' ~ Declarant~shelol£ th irrLotsreandeCommon Area .avoid distuzbing~ the Owners' use and enjoyman ~ Section 4.3, Easements. It is the intention of the declarant ' to provide for the following Easements: .~ (a) U i sties ublicCutlities and others common servicesein y y ;, All - specificall reserved for P ortions bf such improvoesined _ utility improvements anddfacilitiea shall beEconstructed ande maint~ents as undergra+md utilities with only such p erati n and oin (minor located aboveground as are absolutely necessary for the op maintenance of such fac111ties. Illustrative of the foreg g 10 : , fan boxes, tap-in adcess boxes, ned in ~ are items such es rovements shall be desig rovements round imp guch easements shall be aboveground imp All aboveg ossible. and the Lots, points and the like. siVe a manner as p unobtru the Private Roadway installation, as reasonably for ingress, egress, upon, across and tinder the Common Areas, ublic and private utilities or descrian maintaining all P .water, sewer, gas, all as she.' repairing oable television replacing, ert including but not limited to' ermissible and a television antenna °r zessly P serving the Prop Y It-shall be exp telephone, electricity the necessary virtue of these easements, erect and maintain system. BY such services to for the provider of circuits and conduits on and un er round facilities and other wires, ,fie respective'. underg No Improvements shall be located or constructed on any o the Property. stems, the' the easements without theo~ in the casehof cabh~ t t seasonable times t°' public utility providers.(.-shall have the rig .cable television provider) ert upon which such easement iconduitsd ortion of the Prof Y wires, enter upon any P air of 'such easement and the for maintenance and rep s installed there and nnatureall IChis cables, pipes or other items or thing rovider or the utility uses which are comm~ha~° tgeecable television P e lacement with al provided, however, fete such maintenance or reP lacement, within providers shall: (1) pomp affected ence; (2) after such maintenanceo~tionpthat is reasonable dilig restore the Property or any P and. (3) indemnify a reasonable time, riot to such entry; by the easement to its condition P er and the AssociatN twithstanding and hold harmless any. affected .Lot Owt[ air. or damages arising from such maintenance °r reP or other contained in"this subsection, no sewer system, anything to the contrary as lines, telephone lines roved electrical lines, water lines, g as authorized and app utilities may be installed or relocated except rovided by this by the Declarant or the Board. The utility easements p Y ng Declaration shall in nd wa affect any other recorded easements affects the Property. There shall be an access easement for the deliver and collectrty ing tothermrelatedaservices relation of the U.S. Mail in and about''the Lots, and for reasonably required emergency or to the Lots, the Units, the Owners or the Common Arrovided, howe~ler, medical, Construction an a ui merit eor eother vehicles making use ° asked that no service trucks, q 4 easement reserved by this paragraph shall be allowed to be p overnight of for an unreasoarkin lofgall vehicles shall b°e subjectrt ethe or the .Common Area and.. the p g provisions of this Declaration and the Ryles... a in B is don (b) Trail Easements. At an time and also as desi natesole the Plat as amended ime to time,.. Declarant m y' reserved and discretion, establish, and there is hereby established, granted,_a servient easement over and baicyclinge or ~crossQBCOUntryra'(not including pedestrian, equestrian, Such Trails are downhill) skiing to assure access through the Property. ro Yiate presently contemplated to be designed in conjunction with apP P or both staffs to staff from either Pitkin County or the City of Aspen, 11 I _. i i ,.. .- Cloud Palk will the Little All users andnd adjacent to ublic uses. neither any appropriate connections similar 4 $ctiVe risk other permitted, reap responsibility With assure and far their ° hall have anY attics properties Easements at third p means. of ' utilize the Trail nor-the Agsoci~g an any liability tO Trail ', Dwner, Declarant they vehicles of motorized the same nor shall may utilize No motorized or nature vehicle$., Declarant, mainteiPit same, kind, type to the Plat,; respect cf anY ce or maintenance~endment b ortation either by agole dlgcretion) or Y transp except guthorizedEasemants such Easements, further Trail Declarant in ...its. recise .location Bing, ifs b may establish undertaken Y the p the foreg (which may be the Plat describin enerality °f either the City of ents amending ting the & with shall rostrum ..Without li0°i sail Agreement such Agreement ' Easement. Separate T -ln- addition to the Trail the terms and conditions of Declarant entersCounty, Trail Easement .transferred the affected Trail Easement be solely Aspen or Pitkug of In addition, anY and agree to govern the forth above. covenantand maintenance of ,any a wire such entity tO u keep the provisions se shall r q ction, repair, P the to any entity constru sha1L be conditioned upon or the transfer and holdingcould responsible f Purther anyarid ch 'indemnifying claim that such .trail. completely less from any ient .entity fully owners harm and Declarant reeip Declarant and allln addition the-Association for liability Association, ublic use. the responsible entity such p U.S. Dollars. arise from co.insureds by than One Million shall be named aunt of not less blanket insurance in an am • •~eze is hereby(i,eeach Lot Owner Co on Area Eases' in favor of: roviding ingress (c) ~mmon Area the purpose of p and-its easement. upon and across of uests and invitees fact, (2) the Associatio ur ose, and his tenants , g t o.,rned by the own for the ` ` p p the Lo contractors and (3) the and egress to-lo ees :or' independent emp Y other".maintenance to the Common Area; ~ invitees. landscaping p yetis or independent contractors for the 'providing em to o~ the " Declarant and its invla dscaping or .,other maintenance Sale of ashy n Area, purpose of providing the promotion ,. :~~ and .for any activities related to ~ `. '4"~ Lots or Units~orriany'?~ts " ,~ ~ '~ `- ~ and in the ~~ -. from time, to time "' (a) ~_ Declarant may; an easemens for Sk es above, establish _- is -+ Section .(b) `through the" Property. "ed in "< '`.;"same .manner `described in an; Mountain will, be designat ~'~ Tess and egress from Asp .this ,easement. Company and Yitkin ing contemplated, that the Aspen`Skiing order presently ..With repYesentatives,9f en Mountain Master Plan in cooperation the Asp 'Such easement must. County to assure conformance with the area. - respect ~ ! .o~eL. residences in de cribed in to achieve access for and conditions as $ r~ be utilized under the same terms the drainage of the Trail Easement set.forth above. In addition to ~'1 - Easements. reserved over etch Lot (e) D a na a there is hereby the Associanatural J easements set forth on, the Plat, a of water caused Y tion to the benefit of water, caused and the Common Area an easement for drainan_off or overflow Owners . occurrences and reasonable access to oining Lets. such easement. Such mutual easement far ru be available to all adj by natural occurrences shall _ 12 and shall repair or causeCost ~ crate to repair, such drainage• of adjoining Lots shall~cmogge which may be cause the Omer of "such Lot or prompt repair. of, any Unit shall be.borne by e shall :not have vein th eventethe pof t e of repairs to a Lot or attics Unit; provided that such damag a e or the apportionment negligence of the OwneF`of the ad8ir of s ht~dam g air costs the dispute shall be submitted to the Board and the cannot agree on the method of rep attics to the dispute. of the rep be binding upon all P lace or alter any decision thereof shall oing, no pwnet shall remove, reP tiles, paving.. Notwithstanding the foreg without limitation, facilities located on a Lot, including, 'which facilitated~o gge to ortdestruction or cement areas or 1aeL hall promptly. repair any virtue of drainage or run-off. of water and each Own of such facilities which occurs by asements. There is hereby created, (f) a to En ee trash and sanitary ublic or'private refuse, a blanket easement for P - rovider of such services. engineering services over thet~is vea ementWat enP driveway a lnontobtrusive the.Development.'' In using rovide 'such servi er tonkeep and maintain shall' use best efforts `to P ation of each Own lied by fashion. It shall be the oblig rovided to or to be that it is his refuse bin or other refuse conta net P hboring P with such services s pro erty. In an Owner for use in .conjunction lacement of his refuse bin o,r appropriately screened.. and not Visible. From Neig i' each Owner shall arrange' the p addition; and the removal thereof from tos is practicable fit, container for pick-up ick-up as reasonably close'to the actual times of p ert only for the minimum being the intent that refuse containers shall be set or left asbatg e streets or shall be Visiblat r effecthcompletion of ythe refuse, g i amount-of time necessary 'trash or'sanitary engineering services; described above. i :Minor Encroachments:~,~Each Lot, Unitand the~Common Area (B) ~- desi ned; nor shall be subject.' to =an~,~easemoverhan s,in as"e existingnts cregated by constructions ~58tvalid ea'sement;nfor the %encroachment "and for`"the ' ` " +`:`constructed ~: A•5 ':"maintenance of-;same,' soy long`'ag~they.sta ~ .alylo to ally destroyed, and ~ '; .event a Unit or other .Improvement is For ~over~ parts ' or portions'`~of any ermitted then Yebuilt,~minor'encroachments on;, adjacent Lot,`Unit or Comoro"n `Area due`to construction''shall be p `an3 a ° ist ..¢ Each Lotf ndtUnitnandatheeCommon Area'isiand shalltalways ''shall ex ort of adjoining or ba subject to a non:-Comlmon•'Areaaormthe Private Roadway. 'The Private ' `abutting Lots, Units, Roadway is ,and" shall `alwaysUnit or Cojmmon Area and to atnon-exclusive ea. encroachments hereon of a Lot, easement for support of adjoining or abutting Lots, Units or Common r - ' ~ . Ttmitations; Delsi n ` a 1tAinv Envelopes; Section 4.4. ~---s-"--"'-- CareL~aker ~~ .t constraints. All development onsexi'uctionnofralleUnitsexecuted on the Lota, including, bu£ not limited to, within the .Units and accessory buildings and uses, shall be constructed only , ": . 13 i ~. .~.,..~~ r...,_~ :.;~a~ -.P except as ma otherwise:... Y the, • deeCribed on the Plat' directly connaeCing Einelopes as Envelope • designated Building DrivewgYs reasonably be provided by this Daclaration.be constructed outside 'the Building neater Unit to the Private Roadway may Caretaker's Unit, will have an area g inclusive of County Land Use Code.. No Unit, than six thousand square feet as defined in the Pitkin there shall be utilized retaining walls (which maY.ba In the design and construction of all Units, s shall be of native owed foundatiog io wallgr8nd chimney, stucco. All Units native stone on all exp an owner)' F atible in an overlay if desired by sidin shall be of wood or mesa ~ o be comp stone or masonry and al be 'designed and ma h the susYOUndings: All roofs and., and Improvement ~ 9hgenerally earth tones) ed to be snow-bearing. le or flat and design lass or glass block. color scheme (i. the Pitkin a ue'areas shall either be g roof structures shall be shake-sh ng Prior to the time that All visible windowe :or semi-oP q p.height limitation of twenty-eight feet measured as set forth n osed upon each Unit. the design factor items, County Land Use Coda shad be imp -Declarant may vary be undertaken only variance maY ermitted if it all Units are sold by above and then after, any variance be p described immediately In no event Wire ulations`and permits. with the approval of the $O evernmental rules, g is not in accordance with g Const do of Domestic W domestic watereto each Section 4.5• 1 s stem providing extension, rivate water suPPers shall ba responsible for rovide a'll shall construct a p uired to p of the Lots. Individual Lot Own - be built upon a Lot. construction and maintenance of water service lines req rovements which maY uired to be necessary .domestic water to .any Imp stem shall be req if not owner. ,i1ie ,Association, - All water use from the' central dome's tic. water s overning the providing individually metered at the ,,cost of th ~ m 1 ate Rules g, without earlier promulgated by Declarant, shall p g Y. act of services and the payment: of fees and assessments .which ma include, limitation requirements that each owner enter into a water service contr of wells anywhere on with the Association 1liere shall be no further drilling ' x If ' the Property., ~ , z>z~,~.,• , ~ "°" ~ :- ~`~. ~= f~ ~ ~~~ be constructed by ~ w' ~ _. Interference. Except as maY ? '= ' - Section 4 6. ec~----ifically allowed by this Declaration and t e DeclaranC or: its nominee o =e ement:shali be placed or erected on any easements ur oses intended. ~_: Plat,''no Unit or other Imp , or interference made with the free use thereof for the P PCollection Devices; `~ adi Wand Te~ev sion Si na tion ' Section 4 7 " or°television or radio.recep • Solar Fner¢v; F~ood~i°hts No "satellite dish aerials or'other forms af' g ithout limitation, antennas,.. ~nor'an telescope device, 'including, Y "signal or electroma netia radiation collectors or'deteotors, ma be'placed or located on, upon or about a Lot -S -' or other like optical device, Y on or about a Unit`or the Yoof or walls thereof if the same is or shall or'`on; up without the advance written consent of the be Visible From Neighboring Property, I Board. ui merit, including. All solar collection or energy devices or e4 P solar electrical generation units or u on or about a Lot or without limitation, solar wateY heaters, .solar ovens or cooking devices, placed on or located on, P . , ; 14 ;; _~ and Visible From • ~ walls thereof countenance or the roof °r configuration and about a Unit 1 of g design, the surroundings; (2) on, upon or shell be: ( ) onions with Land Use Code; and ,Neighboring Property leasing and harm. Yitkin County a aesthetically accordance with the which is the Board. ned and installed. in Declarant or no spotlights, desig ved b (3) reasonably ap4rO Y Declarant, initially installed by laced or utilized upon Except as h intensity lighting shall be F will allow light which in any manner. floodlights or other hig Common Azea. any Lot or any Improvement erected toh hey Lot or the dd t ons and Im rovements. Subject to be directed or reflected on any ,, structural additions, ~~r rations, make rion- novel Section 4.8. ~O~er may rioti written aPP to the terms of this. Declaration, 8IIy onsible for any damage to other Units, zovements'within his. Unit without the P alterations; alterations and imp. er shall be resp from any such but such Own which results the foregoing, no addition; of the Board, °r .the Project shall. .the Common Area rovaments. Notwithstandingwhethex structural the naddition, additions or'"imp t or Unit, rovement within a LO a soval of the Board if screens, alteration or imp riot. written 4P as awnings, if be made without the P including, but not limited tshutt rs and blinds) alteration or improvement ( s except inside drapes+such approval, the Board, prior to granting rovement foil or other window covYYOpertY• alteration or .imp Visible From Neighboring rc used addition, lm rovements and and in harmcny'with`the surrounding P including, must affirmatively find that the 4 planted outside landscaping, is aesthetically pleasing or, reP laced on 'or the Project. All' artificial s and the like, planted on or P lants, planting hboring Property, is subject to Without limitation, P about a Lot of Unit which is Visible From Neig Board approval. _ "' N r~eY •$ubdi~?i• "No lot shall bothecated Section 4.9_ lot be sold, cotrveyed or hyp ortion of any so long as Declarant-ovens subdivided ..nor sha1T a P zessed written consent ' without the expressed written consent'of Declarant, <" lots`iin the development,•and thgreafter without the exp the foregoing, a lot line adjustment between two i ,of nth+e Board:: Notwithstanding ro ert 'shall be ~ ;; 1 s.~;.' lots ~?in =Little Cloud'~or betaeen~ a` lot' anduthe` common area .or, betwe r val and t `~'~ an`adjacent~property°oribetween a"common area and.; =for Board PP Y deemed a permitted subdivision; subject however to p ' any and all reviews and approvals that may be required by the Pitkitt County Land Use Code '~ °! In` order to maintain ~~• re o'z °rohibited. maintain or Section.;,4,10. `- no,Owner shall ...erect, Lot' aesthetic"quality.withizi the Development+' Wall or .fence;-:wall or'other structure unlessesuchufence, any suffer to 'exist a , on an Lot or Common Area, ' ecifcally approved by the Declarant or the boundary or .within: or up Y other structure of like nature"is Sp Board and consistent with all local codes: and regulations. To the extent Mt in¢ `Drillin or nett ~• tunnelling, ' Section 4.11. '' ~` --~---'rohibit, mining, quarrying, Declarant has the legal right to so p with n the excavating, or drilling for any other substance within the earth, including o shall not. be permitted gas, minerals, gravel,-sand,-rock"and earth, i • limits of LITTLE CLOUD. Excavating native quarry stone for on-site construction 15 . . by Developer Count Commiss the Development. ut o $Oar o uirements s ers shall adhere to'the raq Section 4.12. All Own in granting subdivision of Comm General Submission Subdi_____~=-si°n Imn o°~--~'--C untyeBoard issioners pinal Plat' set forth in their: (1)~ 273; (2) set forth by the YEtkCin~UD, as and C3) to LITTL 1989, in Book 586 at Pa at page ~~ Board, approval recorded 20 February in _Sook,,_-_. Resolutions, ~ er and the_Yitkin County .all recorded reement between Develop in Book ~ at page '"_'. Resolution, rovements Ag Colorado.. Subdivision Imp pitkin County, of Commissioners recorded Any exterior in the records of the Clerk and Recorder °f Cons ru tion y oleane3 Como_.r °-n of -'~~ 1 tea and full Section 4.13. CLOUD shall be com4 within LITTLE a Association shalt vementse construction activity shall `be at hteen months from its cowaenoement. up within eig fete the unfinil e=ovements, Imp on any Lot and comp feting those P right to enter uassociated with comp with the terms of Article VII and all costs enforceable in'accordance Individual Assessment,. g 040' Limitation. There s and hendsca i lot or .common area within Section 4.14. ve etation on any fish aPProved to facilitate and acco shall 'any such shall be no removaltt?g that necessary. circumstances: from, a ' LITTLE CLOUD other - ,however under no twent five feet construction and landscaping. extend more .than y- drive ray' . removal of natural vegetation y ong Envelop Notwithstanding the foreg designated Building a or more that ten feet from the edge o an rovements right-of-way, all as designated on the Plat tiap• g sentencnature of altrailaoroski easement asndescribed aboveoin Section.4.3. in the ; er shall construct ;' D aina a Control. tEaFurthe more;"..prior to the Section` 4.15. ~~ perimeter drains around all foundations on'any LO '' its shall be demonstrateed a oundet each i Building eralit, utility issuance ofsa building p ositive drainagdaisa a caused by` Building ,Departments that..=,thare-,is. Ponsible for'"any g Envelope."-:'Each Lot'Owner"shall be resp wash-outs`and run-off damage caused by failure to install or o ~ <' .. cuts in roads, .: properly install drains or, culverts, in a timely manner. ;_ '~` nsi tl Fac ties and E ui ment. '' n osure `including, but Section 4 16 a ui ment and other items, Lot shall be All unsightly structures, facilities, q P laced en any 9 ut~llity not limited to, those specified below, located or p covered structure or screened fYService'area, storage enclosed within a-solid,. oil or water tank,. meter or other utility facility, 8as~ lanting'or fencing approved .pile, or'area for,han~iatelloscreened from view by 4 d fabrics on any Lot o ing ", be enclosed or aPPreP uate to render the same not Visible From Neighb by the Board, and' adeq Property. F e Y~otection. Each LoE Owner shall install a Section 4.17• and the same shall be sh~r~initn - working interior sprinkler system in his Unit, any plans submitted to pitkin County in application to obtain a building p 16 i is expressly permitted within the limits of or its subcontractors, toners - i birds, fowl. Poultry or fish and birds No animals ~ cat on or about the a domestic dohs, Section 4.18. ber of t of Unit or and not other than a reasonable o= on any 1'OSOlely as domestic PeOS make an 1lvestock.shall be maintained aY kept therein shall be allowedor bird shall in cages. onl if they er bird No animal for and then Y No animal the caYe, housing or Property ur oses. become a nuisance. se as to be commercial P pof noise, or to No structure fOY to exist unreasonable amount outdoors. or_suffered chained or tied intained - _ _ ;, be caged` animal shall be ma confinement of anhboring PrOPeLty' shall conclusively Visible From Neig pwner, the Board ur ose of this U on the written re9uest of anY whether, for the P P P enerally recognized household pet, birds in any Unit or upon any determine, in its sole and absoo=ubirdsiseaign, be enforceable in Section, a particular animal ber ofanimals or The. the Board Sthis Declaration which or a nuisance, or whether the Hum bird Lou is reasonable. Any decision rendered by animal or the same manner As any other r rohibit maimnan ne of any a nuisance to any ht to p the Board number" shall be Board.. shall. have the rig. the term "Yeasonable combination. constitutes; in the sole :and absolute discretion o cats and birds to five bf any Owner ps used in this ~ of dogs on, are not more than two dogs o'r deemed to limit the number so long as there t on a leash of the above animals or birds, o s and other Nnoim~eY shalle permit its dog, two cats under any ciroumstaneY~s ~ ~ t: or Vnt. conditions anywhere on the -.when not confined in'theCO'•T .create' unsanitary .the Ovmer may be asthes Boaan . bird or other. p ~rd cat, ,men such conditions are created, Development. such amount to be determined by Owner amount for each separate incident ( the Board and the Board or anby this enses by ermitted by law and y from time to time) for Ilea of gYp relief as P gnised on any part•of the .may 'seek enforcement. or on'such portions of, the Declaration. r;pets'shall Hoer a tie 1 bel allowed only property and walking of F Yescribe by its Rules and Regulations - I property as the Board maY 4 ~ ;~;, ~ "wires or other devices ` ,,, «.,~gervjce:' No lines, ower;' Including, -..; . Section 4:x19 -~--'~'-"-- laced or"maintained ~ s ;~ Eor.~the communication or•transmission of electric current°:or p ~ ';~ telephone,`television and radio signals shall be erected, p Lot or Unit unless the same shall be -containe der ', onan round or``concealed'in, u anywhere in or up Y ' No , %'conduits or :cables installed and maintained'un erg ~ roved by the ArchitectutaOWe~ ortt lep~one or `on Lots or other.`structures aPP roved_by the ;provision shall be deemed to forbid the erection of temporary P structures incidental to the construction of Units or structures app i °~~ Board.. ~ ~ No temporary buildings, ' Temoorar Oc uvancs. y time for_ a Section 4.20. kind shall be used at an ;'~ tents, `vehicles or'struature B f way of'illustsation, but not limitation; no residence on the Property. Y ht accommodations on the prop~rty. contained in this Declaration shall Recreational Vehicle may bethat nothing rnig sales office and caretaker's It is provided, however, ~i prevent the. use of a mobile construction office, .residence during construction and sales. 17 f .. .,.: po portion of any: 'Unit dr i 8 eraser's Uni~• utilized as a Caretaker's 4.21. o eLty shall be with the term of this Section here one P P compliance 1.10 above. improvement located anyw .conformance and to in Section Unit except in accordance, Guidelines as far of the Employee Unit Ru with E ploYee goosing of the principal Declaration aIId Unit shall be consistent re ated with the area The Caretaker's however when g6g g uare feet in this zone district oars feet as as size and amenities, asking space for' Unit the Eotal shall not exceed the all rovided one off-street P s ace for each nor exceed the specific limitation on unit size of six thoa kings P al Unit and one off-streutopn request of the Board provided in the Y.U.D. 'There shall be p Unit owners shall authority provide written each bedroom within the Yrincip overnmental Unit the bedroom within the Govetrnme t n°r quasi g ective Caretakers with or any applicable g of their resp evidence of the compliance applicable restrictions.. Section 4.22. V-g~"~' motorbike or other motor (a) No automobile, motorcycle, shall be constructed, of any kind, type of description and no inoperable ve that the vehicle aired on the Property however., reconstructed or rep the Property; provided, .emergency vehicle be stored or' parked cn to: (i) orary construction shelters or facilities maintained provisions of this Section shall not aPP1Y the construction of 9nY repairs or temp with, vehicles. and used exclusivehya i$ aYdnort by 'Declarant; and (ii) during, roved by ood operating condition improvement app as such vehicles are in g cam er boat, motor parked in garages so long ermitted upon and appearance 'and aYe not under repair. No trailer, necessary'... to home, Recreational Vehicle or similar equipment shall e P ants of the a period longer than is absolutely. the Property for.. ick up Owners or other lawful occup temporarily discharge or ecifically provided herein. - i Development, except as sp It is the intent of the Declarant to restrict on-street (b) arked only ossible. Therefore, all vehicles s an1Owner, in other parking as much as p or as to vehicles not owned by arked in in designated garages, vehicle which is p arkin parking areas designated by the Board." Any violation of this Declaration or of fire and safety or..traffic and Petits. y or of LITTLE CLOUD may regulations of the City of Aspen or Pitkin Count , the Board or their ag be towed at the direction of the Declarant,. laced on the Whenever possible, a notice of inteor fortsuch period of time as is vehicle for eight hours prior to towing, ractices. -The recordias Cho gh t e lPropertyswere consistent with safe p constitute legal notice of intent to tow, i posted in accordance with state and local law. 's and (c) Doots to garages must be kept closed at all time, t free of vehicles, obstructions or other °~adets approaches to them kep era a doorway or approach is then being unless actual use of the g g lY i ~. shall be 4ezmitted t0 ~ No nuisance. a be'offensive oz' u a "es. meet so as its. occupants.' 4.23. bf t4d Develop ment cr tO shall be Section any portion the Develop following or opezata upon _ ortion of oing~ the ~ exist to any other p of the fazeg detrimental the generality zopezty Without limiting eYSOnal p presumed to be a nuisance: material or 4 oz adjacent (a) Rubbish, debzis; building etmitted to accumulatsougs to tender any laced oz P therefrom urtsightly, offensive of any kind which is Y odors which arise to its i,ot or Unit or any ortion thereof unsanitazy, thezeof or to anY Unit in the vicinity such Lot or Unit oz 8°other Lot or or detrimental to any bells or other occupants; horns, whistles, exterior speakers, for security Any devices used exelusiinladvance, by t~e (b) t security toyed, sound devices, excep devices must be app purposas~ the use of which ~ Board; bottles, fountains, minezal collection, old lates or (c) Any license p Unit or Visible stationary or permanent outdoor furniture or statuarY,be interpreted ''to other memorabilia displayed so ~is° provision shall de a From Neighboring Property. preserve the•sesthetic appearance of the Development and not to control. the interior decozation of any Unit; 'and (d) Any use of a Lot, Unit or the Common Area which will increase the rata of insurance upon the Project. `.-The Soazd in its'sole discretion shall-have the right'to dete~g1L ive notice to the Owner, and if'the the existence of any nuisance, shall. g nuisance 1s not removed within the reasonable time stated in the notice,-I have the nuisance-removed and the, costs for such ,removal shall be enforceable ` ,. e mailbox identificawith t e (c) A4prOPriate house number and`' in accordance of which shall be placed, affixed and displayed number and location of which have romul`d)ed by the Board; and Rules p Such signs the nature. the Board in advance. to been eQproved by shall be constructs eats . in this Declaration authorized ag Nothing contained Declarant or its duly signs necessary or convenient to the osition of the Development or I,ots.l prevent the erection ot~rorements or i of structures, Units, meet, sale, operation or other`disp g e lace. No open develop n e at time and no 4.26. u ro"'arty at any on the Section be permitted on the P P or burning shall laced, allowed or maintained uosed by fires ui meat shall be p ulations imp roved by the Board, consistent with reg lgCe shall be a gas. incinerators or like eq P artment. Any fiYep be otherwise property unless ePP ironmental Health WOOd burning appliance maY the Pitkin County Emt olluting used by y log type. A certified non-p ulations imp the Pitkin Coune - approved by the Board coa=~~entt with reg Environmental Health Dep , - No machinery or e and Eaui m4 a=t• g air conditioning Section 4.27• heatin on an Lot equipment of any type, 'including, without limitation, shall be placed, allowed or maintained up Y or refrigeration equipment, or equipment as is usual and custeLlod of uch machinery durin the p other or Unit except: (i) maintenance or construction ( g of an connection withoftheau~t or Unit, appu=tenant structures °Y uire for the construction) that which Declarant or the Board may Ye4 royal and. Improvement;' or (ii) without 'prior written aPP no woodpiles, compost or refuse heaps. opetation`and.maintenance of the Board; laced or suffered. to exist` authorizatlos of the Board.-'.In addition, roved wood storage in or'piles nor any other like accumulation staforbBoard-app ~ in and upon a: Lot or Unit at any time excep - or about a garage or Unit ~ `.~ ~~.' ~" ortion of~~the _:, ;"~ ~ x~ ~'<~.~~~~'e ;~;., ~d .,ire Hazard ' All or a P ;. -` •; ` ~ Section 4 28. ~ W~ wild fire hazard. Each Owner, by ,1 ' B tees that such wild Property has :been identified as hay ng a knowled es and ag _ 'comply ~`';'acceptance'`of a=deed`to hi§'or her Lot, at"all-.times, ~~ fire hazard has been identified and disclosed and shall, with. he.restrictions and recommendations set forth in the Resolutions described 'in Section 4.12, to reduce wild fire hazard. a ion. Each Owner~+ by ', `c Section 4.29. N "' *~l Slove Modifis~- ~ acknowledges arid.accepts certain slope ~~ acceptance of a deed to his or her ;Lot. licable ` .limitations^within his or her Lot and within the Common Area. Except as may e 1 ante with aPP .mass ~".}approved by Declarant or the Board andthere shall beano grading, regrading, done `"ulations, Citq or County rules and rag grading, cutting, filling or other material modifications of slope, whet er for drainage or for any other purpose. '^ 20 ~I -.. .. ..' - AFITICL~ V , ONTROL C ARCflITECTDitAL " to A c itec ura the Board Re atin y and all ut es o on an Section 5.1. s this Declaration to It shall be the duty of the Board to consider and act up out all other °n o ~ lens submitted to it pursuant to the term proposals. or P Architectural Rules _and to carry adopt; if it shall. so detarmii a Declaration. duties imposed upon it by The Board shall meet rtn and Comyensat~2Y1• Section 5.2. erform ita dutiea'of AfC ensation for their from .time to time as necessary tO P 'Yeaaonable out-of-Pocket hereunder•butmma stet i e $reimbursemant foreactuala to comp Y i~ services, a of their duties. expenses incurred in the discharg ~ n.nrd Aule~. ~ - . ht eetury,~.~------ Section 5.3. ado t, amend ar{d from time to time, tc Pbe known as (a) The Board mLg-tytles and regulations, repeal, by majority vote, Yet and implement this rocedures for Board rev The Rules shall a d prP lacement of- buildin ew "Architectural Rules•Mforth the standards, g§,' Declaration by,setting g ar and therguidelines for architectural desi n. P ravided, land§caping, color schemes, exterior finishes. and materials and simil features which are recomm isionsfare subject to theelimitations set Forth however, the foregoing p in subparagraph`(b) below. least`three=fourths of the Owners of the ` ~~ • (b)' "Unles's""at ,, riot written ..approval, neither the individual' Units have given their p waive or Asaociation nor' the Board, by`act or omission, shall change, abandon-'.any„scheme of Regulations orrenforcamentgn he~heo~fexterior~ofdt a ,. ~~Declaraztt',.,`,pertaining`°~~to'the: .architectural desi ',;Units 'the exterior"maintenance~of*Units or ktheaamaintenancenof the Common' ~. ..., ,+~ ~. ~,, ,~ k _ .~ ~ - x '~ ;~ ~ Area ( ~.' r ~~ ...: „ . ;~, - ,,-` ~ . '' rovaL`b the Board of any plans,' ` Wa ve . ` The `aPP y Section 5 4 - ___j-.-~ work done or proposed,''or for any other i drawings or :§pecl£icatior val of the Board under this Declaration, shall not be ~ matter requiring the app ht'.to withhold approval of any similar 'deemed to constitute a waiver'of any rig royal: plan,`drawing, specification or'matter subsequently submitted for app „• ._ ~ member :Neither the Board nor any §rt ' Section 5 5. .. abi a thereof shall be liable .t Yehudiceosuffered,or claime a on account ofheY(a) t e for any damage, loss or `p j drawings or specifications, whether'o~ not approval or disapproval of any plans, whether or not defective;--(b) the-construction or performance of any work, ecifications; (c) the development or ~ pursuant to approved plans, drawing§ and.sert or (d) the execution and filing non-development of nny portion of the Prop yc _of any estoppel certificate, whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member osse§sed by -has acted,in good faith on the ,basis of such information as may be p >„ ,. M 2l ., F ~ .,. _ enerality of anY of the foregoing' limiting the 8 ma but is not' ,:~,~ or any member tt,ereof,or an pwner with him. Without in anY way the $ba~d, the Association_ Y views of 'other proposal submitted provisions °fdonsult wit or hearstecifications or any required to, fans, drawings, P respect to any P to the other to the Soard. Subject a rpve am Timms°-r A ova lens od Section 5.6. in the event the da sd aft rs t e Pp within sixty row 1 will_not be required, provisions of this Dn landtlocation disapprove any dasig submitted to it, aPP lied with. Specifications have been fully YeQuests made and this Article will be deemed to have been o Wi h respect to any vrocessine Fee. Section 5.7. •-°---"-" onsibility of the B°ard to review. anY ard to the resp ro osed, the Board may, work done or P fees for such requests to the Board or in ecifications fo ester lish processing recedent to any plans, drawings or sp The P ~ be a condition p consistent with Architectural Rules, and the non-paYmdnt of such f'ee or actions.. a ent of such fees shall Board action on such request or other item. shall be deemed to doll the time for approval of such items set forth in Secti n 5.6. with Laws. All Co st ct on n Ac ord Section S.B. rovements placed, on or located upon construction undertaken, or additions'or Imp be`constructed in accordance shall, as required' ro riate variance any portion of the Property royals, or an aPP P with all building codes and developmental app obtained and exhibited to the Board.. o rol IniSia~i]=• Notwithstanding Section 5.9. De ~ i rRnt has'sold the last until cnr ~~., a royal of 'plans, anything to the contrary contained hement, the initial PP cY an Portion Lot or Unit within the Develop royal by Declarant. In specifications and designs forrimm~ °vYeview and Lapp Property Y thereof shall be subject to p Y Declarant shall have full, ` over, in its sole discretion, to approve or exercising its right of control set forth a ove building materials, proposed entire and complete rich ecifications, designs, 'disapprove"'any plans, P structures, design materials or any other matter affecting archi Declarantonfull of or building or'construction u on an Lot or Unit within the Develo ment• the t within pthe Development is 5 without limitation, At the time the last Lo menu Shall architectural control over the Develop~ovementsuwithin the Develop ;change of_existing structures or Imp devolve upon, be the responsibility of and be controlled by the Board. ARTICLE VI ASSOCIATION, BERSHIP AND VOTING RIGt1TS Section 6.1. Puroovirtue~of the claws of the St tea of Colorado corporation organized under and by ers in the Development. The for the general welfare and benefit of shall take the appropriate sction to ether' Association, through its Membets".and Board, to manage and maintain, repair, Yeplace and improve the Common Area, g l 22 i with Improvements located thereon;°t~'p'arform.related activities and to perform all other functions and 'duties assigned to: the Association by this Declaration, ..,. _ >~ _ all in accordance 'with this Declaration and with the Articles of Incorporation and Bylaws. ~ Section 6.2. ~fe_mbershio. Membership in the Association shall be limited to .the Owners`of Lots'as herein defined, and such membership shall be subject to all the provi§ions of this Declaration and to the Association's Articles of Incorporation and Bylaws. An Owner'of a Lot shall automatically, upon becoming the Owner ~f a Lot, be a Member of the Association. An Owner° shall remain a Member of the Association until such time as_his,ownership for any season ceases, at which time his membership in the Association automatically shall cease. -.Ownership of a Lot shall be the sole qualification and criterion i for membership. "The foregoing is not intended to include persons or entities' u ~, . who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant [o and may not be separated from ownership of any Lot which fs subject to assessment_by the Association. A membership in the Association shall not be transferred, pledged or alienated in any way except by the sale of 'such Lot and then only to such purchaser who shall. automatically become a Member of the Association after such conveyance, or by intestate.: succession, estamentary disposition, foreclosure of'a Mortgage of record, or other legal process. Any attempt to make a prohibited transfer is void and will .not be reflected upon the books and records of the Association. `At the discretion of the Board, no certificates of membership need be issued, and if certificates are not issued, membership shall be evidenced by an official list of Members kept by the Secretary of the Association. Section 6.3. yerinv Riehts. The Association shall be .controlled by the Declarant so long as the~Declaiant owns on or'tAore Lots in LITTLE CLOUD. Thereafter each Lot shall have one vote. However, if the Declarant owns only one Lot in LITTLE CLOUD and seven years have passed since the sale by Declarant of the firstsLort inLITTLE CLOD ttien~and thereafter each ,, u. ... ., ., _, ..n.;,.~..., ~..e.. ;.,i Lot shall each have one vote. ' Section 6.4. Suspension of Votin¢ Bights. In the event any Owner shall be in"arrears in the payment of any amount due under any of the .provisions of this Declaration for a period of sixty days after Notice thereof, or shall be in default in the.,. performance of any of the terms of this Declaration for a period of sixty days after Notice thereof, the Owner's .rights to vote and all other rights`as a Member of the Association are and shall be suspended until the defaulting Owner's payments are b;ought curient°and all other defaults cured.. Section 6.5. Persons Entitled to Vote. When more than one person holds an interest in ,any Unit, only one per"son"shall be the Member who is entitled to vote. Such persons holding an interest'shall designate the person to be the voting Member and. give written. notice. thereof to the Association. the vote for such Unit may be exercised as the Owners among themselves determine, but in no even shall more than one vote be cast with .respect to any Unit. The votes for each such Unit must be cast as a unit and' fractional votes shall not be allowed. In the event that joint Owner"s arel unable to a ree anion themselves as to 'how their vote or votes shall be cast, g g i 23 I j ~., ~. they shall lose their right to vote on the. matter in question. If any Owner or Owners' cast a vote representing a eertaln Unit,' it will thereafter be i conclusively presumed for all purposes that he or they were acting with the authority and consent of all other Owners of the same Unit. In_the event more than one vote 3s cast for a particular Unit, none of the votes shall be counted and the votes'shall be deemed void. Section 6.6. Powers and Duties of the Association. The Association shall have such rights, duties'and'powers, as set forth in this Declaration and the Articles and Bylaws, as the same may be amended from.time to time. Section 6.7. t~eetines. The first annual meeting and all other meetings of the Members of the Association shall be held in accordance with the Bylaws, and all Members shall be given written notice: of the fi'rsf'annual meeting. Section 6.8. Rules. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this: Declaration, adopt, amend and repeal rules and regulations to be known as the "Rules." The term "Rules" shall by synonymous with the terms "Association Rules" and "Rules and Regulations." The Rules may, among other things, restrict and govern the use of any'of the Common Area by any Owner, or by .any invitee, licensee or lessee of such Owner; provided, however, that the Rules may not discriminate among Owners and shall not be inconsistent .with this Declaration, the Articles or Bylaws.` A copy of the Rules as they may from time to 'time be adopted, amended or repealed, shall ba mailed or otherwise delivered to each Owner and may, if desired by the Board, be recorded. The Rules, as they may ~ from time to time be amended, shall have the same force and effect at all times as if they were set forth in and were a part of this .Declaration. '.Section 6.q. Personal Liability. No member of the Board or of any committee of the Association. (including the Board), or any officer of the Association shall be personally liable to any Owner, or to any other party,, including the Association, for any damage, loss or prejudice suffered or claimed on `account of any act, omission, error or negligence of the Association, the .Board or any other representative or _employee of ,the Association, the Board or any other committee or any. officer of the Association, provided that such person has, upon the basis of such information as may be possessed by.him, acted in `good faith, without willful or intentional misconduct. Neither the Association nor the Board shall have any liability of any kind or nature with respect to any vehicles moving within or parked upon any portion of the Common Area. Any person .operating or parking any vehicles within the boundaries of the Common Area shall do so entirely at such person's own risk and shall indemnify and hold boEh the Associaton~and the Board harmless from and against any and all claims, demands, actions, 'causes 'oE action and proceedings arising but of the presence of any such vehicle. within the " boundaries of the Common .Area. Section 6.10. ud et., The Board shall, on an annual basis determined by the calendar year, prepare a budget which shall determine the m 24 the following year for which it is assessed. It is provided, however, __. funds needed by the Association„during each year to operate and maintain the .Common Area and to provide or cause to be provided the other .maintenance obligations of the Association. as set forth in this Declaration, to pay Ehe expenses o£ the Association and to otherwise fund the expenses contemplated by the Articles and Bylaws and by tkis Declaration.` Section 6.11. '-'~~ber~'- Other Ri¢hts. Each Member shall have such other rights, ~ duties and obligations `as" set forth in the Articles and Bylaws, as same may be amended from time to time. ' ARTICLE VII COVENANTS FOR ASSESSMENTS AND CREATION OF LIENS t on of the Lien and P net Obli¢ation_o~ Section 7.1. ~~~ Assessments. At all times as more fully set forth herein, each Owner of any Lot, by acceptance of a dead therefor, whether or not dot the lAssooiationres(1, in such Geed, is deemed to covenant and agree to pay Annual Assessments; (2) Special Assessments for capital improvements, such { Assessments to be established and collected as hereinafter provided; and (3) ' _Individual Assessments for"restoration of a Lot,` Unit or Common Area. The Assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the Property and shall be`a continuing lien upon the Lot against " which each such Assessment is made. Each such Assessment, together with interest, costs and reasonable, attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Unit at the time when xhe •~ AssessmentFwas due: The liability of multiple Owners shall be joint and several. 'The personal obligation for delinquent Assessments shall pass to an Owner's successor in title unless expressly released in writing by-the Board. `No 'Unit .'shall be `'sold,'' transferred or'conveyed by; any Owner without -all , Assessments 'having been paid in:full,''whether'or not a lien has been filed or " y, ,. .recorded°;,,,,No-event other than:payment,(or;,appropriate provision for payment '"~' ~~approved by the~Board in~writing''having':beea`made).`'shall extinguish `the personal ,- ~ob.ligation herein described.'."The above provisions are subject to the provisions '.set forth in this Section 7 10 ` ' ~ ~ ~"','~ ~ ' .: . , Section 7 2: Purvose of Assessments The Assessments levied by the Association shall be used exclusively to pYt~tofe'the recreation, health, ~ safety and welfare of the Owners of Lots `or Units and for the improvement and ~ maintenance 'of :.the, Common "Area. Without limiting the generality of the "foregoing, such purposes shall include.the payment for the following: ' i =' ,• (a) ~ =Taxes and assessments and any `water; sewer, garbagel, a as and other necessary utility services electrical, lighting, telephone, g tree=s and roadways; for the Common Area an s r ,,, ~ (b) `Maintenance and repair of certain portions of Lots, stor}n drains, water retention areas or other sanitary sewers, the Private Roadway, stone retaining walls abutting "such' streets, entrance signs,. ' monuments or markers, driveways and sidewalks lying within the Common ' 25 ~' the following year for which it is assessed. It is provided, however, that Annual Assessments may be payable in quarCefly installments as more ~ fully set forth herein, but the fact that the Annual assessment is payable in installments shall not be deemed to affect the nature of an Annual Assessment as completely due and payable in advance on January 1 of any particular year. (c) Until January 1 of the year immediately following the conveyance of the. first Lot to an Owner, the maximum Annual Assessment shall be U.S. Dollars ($ ) per Lot, payable in equal quarterly installments with such installments due on the 1st day of January, April, July, and October. (i) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, tha maximum Annual Assessment may be increased effective January 1 of each year by the Board of Directors without a vote of the Members by a ten percent. .(108) annual increase over the preceding year's Annual Assessment. (ii) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum Annual Assessment ma be increased abthe the amounts set forth~in subsgctgi~ °(')`aboveby a vote of~we Members for the next succeedin eaf and at the end of such year, for each succeeding yearly period, provided that any such change shall have the assent of a majority of the votes who are voting in person or by proxy, at a meeting duly called __ for such purpose. ., (d). The+'Board may increase or decrease the Annual Assessments` and shall fix the'Annual Assessments annually, but not in any manner e~Annual~Assessments°`may`be collected on a except"as above stated. Th , r quarterly°orother°°basis and subjegt to, the.provisions,set forthin this.,, , } •^. Declaration,"'the"Annual'Assessments;may'be~changed`or'modified during any F ' fiscal or calendar year:" Collection thereof and accounting'~therefor.may, at the option of the Board, be made by an'agent, employee. or independent: contractor of the `Board. ,. _x ,; " >"- (e) It,is intended that Annual'Assessments`shall include an adequate reserve fund for maintenance,'repairs and replacements of those elements of the Common Area that, mus't' be replaced on a periodic basis, all '- asset.forth and required, to be included in the annual budgets of the,` Association-.- .(f) All Assessments shall be promptly paid in full by each Owner without offset or deduction.. Alleged claims of insufficiency of services"or 'any other claims against°the"Board with .respect to services provided, the Common Area'or Improvemertits located thereon may be brought before the Board by an Owner, but such claims shall not affect tha ~ obligation of each Owner to pay Assessments as set forth herein. 27 'i . .,. .. I Notwithstanding anything contained in this Article to the contrary, the Declarant shall be assessed as its s~iare`"`bf the Assual t ttwenty-fi e unoccupied and anlmproved Lot owned by Declarant an amount eq percent. of the proportionate share of the Assessments otherwise assessable against such Lot. 7.4. Soec~a~ "ssessments fot Cavital Imyrovements. In Section the Association may levy, addition to the Annual Assessments authorized above, a ent of which, at 'the in any year, one or more Special Assessme¢Tiod notmmore than ten years for..,. determination of .the Board, may extend for art, the cost of any construction,' the purpose of defraying, in whole or in p reconstruction, repair or replacement of a capital Improvement upon the Common; Area, including fixtures"and personal property related to it. ' Section 7.5. div aua sse»~~•=••~ - Units. In the event the Owner of a Lot fails to maintain a_Lot or Unit in a neat and clean condition or fails to maintain the earance and hgener lly inia ' in a neat, clean and attractive condition and app manner satisfactory to the Board, all in accordance with his maintenance obligations set forth herein or in the Rules, the Association, through its agents, employees or independent contras but not he obllgationghto(entercupon prior notice as hereinbelow set fo air, 'maintain, clean-up, rehabilitate and such Owner's Lot or Unit and rep restore the structures located thereon to a condition deemed satisfactory by the Board. The cast thereof shall be deemed to be an "Individual Assessment" and., shall be gharged against such Lot and collected from its Owner Such cost shall be paid by the Owner within thirty days from the date of the invoice sent by the 1, Association to the Owner. The amount also sh r vided for in thignArticleet to ~: all provisions ;regarding Assessment liens as p the _, Prior to exercising the aforesaid right of restoration, Association shall give written notice to the Owner of the Lot or Unit specifying ~s ` the necessary repairs,' maintenance,"''rehabilitation. or restoration to•Vbe undertaken and granting':the'Owner sixty days, after transmission of notice_to ' ~' eriod,~'.'the' work' requized to : be' `, ~ ' ` ' accomplish. the same.'- If,TMat':,the end _of ,the- p ~.. i1 performed has' not been completed,' or has' been `completed 3n a manne '.unsatisfactory to the Board, than the Association shall have the right; as above `~ set forth, to make such repairs, maintenance rehabilitation or restoration. ~ ' ~ ' ' t p` Act on Au horized Under '"` Section 7.6. of e d va Y Section 7 3. Written notice of any meeting called for the purpose of taking any ~ action authorized under Section 7.3 shall be sent to all Members not less than ~~~ :twenty days nor more than ninety day's in advance of the meeting. At the first -.such meeting `called, the presence of Members or of proxies 'entitled to cast a `' majority of all of the votes shall constitute"a quorum. If-the required quorum {.` is not present, another meeting maq be called, subject to the same notice requirement, end the. required quoxvm at the subsequent meeting shall be one-half of-the required quorum at the preceding meeting• recedin h meeting ent meeting shall be held more than sixty days following the p g Section 7.7. ° n r nA Assessment. Except for Lots owned ' by Declarant during development as defined and described herein both Annual and _.:' - 28 ~. t !~ U .. I Special Assessments must be fixed at a,uniformMrateu for all Lots and may be collected on a quarterly or annual basis a"t tTie ~a'~retion of the Board. Section 7.8. Joint 0~. ershio Payments. In cases where a Lot is owned by more than one person, suoh Ovine"rs"shall arrange between themselves. as to which one of them shall make payments of Assessments so that only one payment is made to the Association.' Under no circ artial s ashents tof Association be required to accept multiple checks or p P 3n" Assessments from joint owners, _ ' Section 7.9. e t o Non oavment of Assessments• Remedies of the Association. Each Owner of any Lot or Unif shall be deemed to covenant and agree to pay to`the Association the Assessments provided for herein and agrees to the enforcement of the Assessments in the manner herein specified. In the event the Association employs an attorney or ateorne}~s' for collection of any Assessment, whether,by suit or otherwise, or to enforce compliance with or specific performance of_ the terms, and cgnditions of this Declaration or the Rules, or for any' other purpose in connection with: the breach of this Declaration cr the Rules, each Owner 'and Member .agrees to pay reasonable attorneys'. fees and costs thereby incurred, including collection costs and. experts' or expert witness fees (whether or not suit or proceedings are instituted or filed) in addition to any other amounts due or any other relief or remedy obtained against the Owner or Member. In the event of a default in payment of any such Assessment when due, in which case the Assessment shall be deemed delinquent, in addition to any other remedies herein or by law provided, the Association may enforce each such obligation in any manner proyided by law or in equity, or without any limitation of the foregoing, by either cr both. of the following procedures:' ~,, - (a) Acceleration. In the event any Assessment is unpaid after notice as set forth herein;'Ehe Board, may, in its. discretion,. upon ~ notice to` he particular, Owner; revoke such Owner's righE to pay the remaining'`quarterly` or':.rother periodic``"installments of the' Annual ~ x ~.~Assessment,t ;due„-for the ;,calendar:,~year :;in rwhich such notice `"becomes' ' ~ ;effective,, and the balance,'of such Annual~Assessieent due in such calendar ~.~~. year"shall'be immediately"due and"payable. The $oard may then add the remaining portion'of the Annual:'Assessment then unpaid to any: other Assessments'.unpaid by the Owner at'that time and referepce to "Assessment" or the like in 'this Section 7.9 shall mean to the Assessment which is, ' unpaid plus`, the accelerated portion of'tha Annual Assessment then owing " ..,, .: by 'such Owner ;;, - ` -, `(b) Enforcement by Suit. The Board may cause a suit at law ' the name of the Association against an to be commenced and maintained in Owner or Member to enforce"each such Assessment obligation. `Any judgment rendered: in any such action shall include the amount c .'together with. interest thereon at the rate of eighEeec from the date of delinquency, court costs and reasonat in such amount. as the court may adjudge against the Member. attorneys' fees' Cnquent Owner br, 29 (c) Enforcement by Lien." There is hereby created `a Claim of Lien on each and every Lot and Unit within the Development to secure. .payment to the Association of any and all Assessments levied against any and all Owners of such Lots and Units covered by this Declaration, together with interest thereon at the rate of eighteen percent (188) per annum from the date of delinquency,"and all costs of collection wh c may . be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. Payments shall be applied first to interest and costs; then to principal, in a fashion so that the oldest amounts of principal are first; reduced. At any time after. the ocourrence of any default in the payment of any such Assessment, the Association,'or any authorized representative may, but shall not be required to, make a written demand for payment to the defaulting Owner on behalf of the Association. The demand shall state the date and amount of the delinquency. Each default shall constitute a separate basis for a demand or Claim of Lien or a Lien, but any number of .defaults may be included within a single demand or Claim of Lien. If such delinquency is not paid within thirty days after delivery of such demand, or even without such a written demand being made, the Association may elect to file such a Claim of Lien on behalf of the Association against the Unit of the defaulting Owner. Such a Claim of Lien shall be `executed and acknowledged by any officer or any duly authorized agent of the Association and shall contain i substantially the following. information: (i) The name of the delinquent record Owner; (ii) 'The legal description of the Lot against which the Claim of Lien is made; • '.(iii) The total amount claimed to be due and owing for the amount` of the " delinquency, interesE thereon, ' collection costs and ~ressonatile~~attoineys' and other fees (with any proper offset allowed), c .. -~ a ~ d ht a ,.~ ,, ~ .. ^', "; - ? p w ~ . il .. .;' n .. a ,,;. .. ._ _ e ~(iv)` That~the'Claim of Lien is made by the ~.' s Declaration; and „ , Association pursuant`to thi (v) That a Lien is claimed againsf the Lot in r - an amount equal to the amount stated. Upon recordation of a duly executed original of such Claim of Lien, and mailing or delivering a copy thereof. to the .Owner at the address of the Lot ' (or to such other address as may ba knoom to the Association a`"t"such time), the. Lien claimed therein shall immediately attach and become effective in favor of the Association as a Lien: upon the Lo't against whick such Assessment was levied. The address of the grantee under the, recorded"deed to which the affected Owner took title to the Lot in question shall'be presumed and deemed to be corrects unless the Association shall have actually received in writing an alternate address from such Owner. Such 'a Assessment"Lien shall have priority over all liens or claims created whether prior to'"or subsequent Eo the recordation of thei .Claim of Lien thereof, except for ad valorem tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other) "30 'I goveznmental assessing unit and the liens which .are specifically described in Section 7.10 below. Any such Lien may be foreclosed by appropriate action in therPublic Trustee ofoPitkin County is hereofedesignated as Trust a rfor such purpose hereunder) as provided by the laws of the State of Colorado, as the same be inrfavormoftthelAssociationeand shal}sbesfor theibenefit of all otheri0wners1 The Assessment Lien created and imposed upon the Lot against which the Assessment was made also is created with the power of .,sale in the Board, and such power of sale may be exercised in the manner provided by-law under a trust deed as set forth by the laws of the State of Colorado, asower tombidaatfany ' time to time be amended. The Association shall h uire,h hold, lease, mortgage foreclosure or trustee's sale and to purchase, acq and convey any such unit so acquired. In the event of such foreclosure, reasonable attorneys' fees, court costs, title search fees, interest and all other costs and expettbecomin11ane0wnerwof aoLOte herebynexpressly waivesdany law. Each Owner, by g objection to the enforcement and foreclosure of the Lien in this manner. Eac Owner hereby agrees that the Asso eri =° to theeHomestead Exem rtion provided by P hereinbefore described shall be sup C.R.S. ~ 38-41-201, et. seq and each Owner hereby agrees that the acceptance of CIAUDeshall signifynsucrh granteecsnwaivereofnallgHomesteadyrightsirelativeTto the Assessment Lien. Section 7.10. o Subo di a on of he Lie to Deeds of Trust or thet~ seated by any mortgage or deed ofrtrustievenaif recorded priorntoethe recording of the Assessment Lien. In the event of the foreclosure oY granting any Deed in Lieu of Foreclosure'the successor in interest~or Eohthe acquisition', liable for such Lot's unpaid Assessments which .accrued p of title. Sale or transfer of any Lot shall not affect the Asses ursuantieto This specifically includes the sale or transfer °f roceedint'or conveyance' foreclosure of any Deed of Trust or any Mortgage or any p g in' lieu thereof, Further such actions shall not extinguish any of such Assessment as to payments which become 'due prior to such sale or transfer, and shall not relieve such Lot from liability for any Assessments thereafter becoming due. , Any such unpaid Assessment shall nevertheless continue to exist a$ the personal obligation of the defaulting Owner of the respective Lot to the Association, and the Board or the Owner's successor may use reasonable efforts to collect the same from the Owner even aftet he is no longer a Member of the Association....... _ Section 7.11. u {**oTM Notification. The beneficiary of a First Priority Deed of Trust or a .First Mortgagee, upon' written request and upon payment of a reasonable fee to be established from time_to time by the Board, shall be entitled to written notification from the Association'of any default in the performance by the Owner of the appropriate Lot of any obligation under the Constituent Documents .which is not cured within thirty days. 31 ;- - i exx2cLE viu COH2i0N AREA ve.,,,i tted Uses . The permitted uses for the Common Section 8.1. c~-~-------- _ _ i Area shall be as follows: - (a) Access for vehicles and pedestre~~s a d any Owner's ', streets and any parking areas situated on the Prop _.y Lot, Unit or garage; limited, however, for purposes connected with or incidental to any use being made of any porfios of any Owner's Lot or Unit; (b) Access for persons engaged in maintaining any portion of the Common Area or any Owner's Lot or Unit; (c) Specific uses, such as drainage, open or greenbelt areas and the. like, in areas so designated on the Plat or subsequently designated by the Board; (d) Such other uses as may be adopted from time to time by the Board and set forth in the Rules; and (e) In general, the Common Area shall be used for the benefit, of the Owners, for the furnishing of services and faciliEes'for which they same are reasonably intended an withoute hindering t the exerciseroofsuor reasonable and proper use, encroaching upon the right of any other Owner to ezmittedthe Common Area;' provided that no unlawful use thereof shall be p Section 8.2. Restricted Uses. The restricted uses. for the Common Area shall be as follows; (a) The Common Area'shall not be used by Owners for storage. ' ;> of supplies, materials or Pthe CommonoAreayshall be sub,j'ect to such othee restrictions( as mayu beo adopted by "the Board. and ,set forth .in th Association Rules; ` (c) In general, no activity shall be carried onundoment oft the i maintained by any Owner upon the Common Area earance of the Property, the Association, spoils or detracts from. the app Common Area or any Lot or Unit, or hinders or encroaches upon the right I, of any other Owner to utilize the Common Area as reasonably intended. Section 8.3. Maintenance by Associate. The Association shall take, cause or suffer to be taken the followin activities as to an Common Are ' designated herein or on the Plat, which is °ur 'sdictionaswithoutranyfapproval it or which are otherwise placed under i j of the Owners being required: 32 (a) Reconstruct, repair, replace or refinish any Improvement or portion thereo avernmentaluentity,oifAthe same shalltbe responsible fot is not done by a g such area) in accordance with: (i) the last the maintenance and upkeep (ii) the original plans for such Improvement; plans approved by the Board; licable and if such Improvement or (iii) if neither of the foregoing is app was previously in existence, then-in accordance with the original design, priorhto the damage or destrurucction whictihnecessitat d thesactionssset forth above; (b) Construct, reconstruct, repair, replace or refinish any road Improvement oY surface upon any portion. of such area not used uest road, street, walk or parking area (including, but not limited to, g parking facilities), if any; (c) Replace injured and diseased trees or other vegetation ' in any such area, and plant trees, shrubs and groundcover to the extent that the Board deems necessary for the conservation of the water and soil or for aesthetic purposes; (d) place and maintain upon any such area, 'such signs, monuments, markers and lights as he Board may deem appropriate for the proper identification, use and regulation thereof. ' (e) Remove all papers, debris, filth uired eandeclean and', ` Common Area and wash or sweep paved areas.. as req replace lamps or bulbs in lighting fixtures as needed; .`(f) Pay4a11 real estate taxes and assessables relating to the Common Area (if any) as the same become due, and pay (g) "Pay all electrical, water, gas and other utility charges or,fees~for services furnished to_the Common Area as the, same become due and payable, ° ~~ ' ' '. ~ ' " ~~ _ ens e ; ~ (h) :Pay* for and keep in force, at the Association`s exp ' public ~liability'`insurance and fire and extended coverage insurance with " ~ in9 amounts ,`t wit subrogdti ni waivers asegagainetaindividual Ownersatand with limits of liability required hereby,'desired by the Board or required of the Owners pursuant to any Matter or Rciate~lenderssornmortgagees)naor the Association or the Owners.(or aPP P ,_; >:both,'as.named insured as the Board may from time to time determine; (i) Maintain and pay for all landscaping and other items' ` located,on, upon or about the Common Area; 'r Maintain and pay for all repairs and replacements too (j> Common Area lighting facilities (including those. located on streets and roadways) not .maintained by others; .. _: 33 .. (k) To the extent not maintained by any governmental. agency, maintain and make all repairs and replacements to the sewer system and all charges in connection with any private sewer facilities, except for any ' damage caused by the negligence or"acts of any Owner which will be the obligation of particular Owner: (1) Do all such other and further .acts which the, Board deems necessary to preserve and protect the Comidon Area and the beauty thereof, in accordance with the general purposes specified in this Declaration; and. (m) The Board shall be the sole judge as to the appropriate maintenance of all. grounds and other item§ within. the Common Area. Destruction of Common Areas by Owners. Section 8.4. Damaee or in the event any of the Common .Area Except to the extent covered by insurance, 'is damaged or destroyed by the negligence or willful acts of an Owner. or of a member of his family or any of his guests, tenants, licensees or agents, or in ~ the event a charge or expense to the Association results from. any such act of an Owner, the Owner does hereby authorize the Associa"tion to repaiY the damaged area, and the Association shall so repair the damaged area in a good, workman-' dike manner in conformance with he original plana_and specifications for the, area involved, or as the area may have been modified or altered subsequently the Association, at the discretion of the Association; The amount necessa for such repairs in excess of any insurance proceeds shall be paid by the Owner, upon demand, to the Association,. and the Association may enforce collection of same in the same manner as provided elsewhere in this Declaration for collection and enforcement of Individual Assessments. . .. , . <, >' ARTICLE IR rMAINTENANCE ` Section 9.1. ~t,~"~s and Obli¢ations o Association. The Board, » acting for and-on behalf of the Association, shall have .the rtonatnow `or maintain,' repair and replace"'the Cortirion Area (except any p hereafter, maintained by any governmental agency with jurisdiction over the r'portion), in accordance with the terms and conditions of this Declaration. They a ro riate overnmental a enc ma assume rea onsibilit for maintenance of the Private Ao nwasuch mai tenants agreement~as it may, from time to time~rdee~' . to enter into a y ro riate for the prop advisable. Any cooperative 'action necessary' or`app p ' maintenance and upkeep`of the :Common Area, including, but not limited to, the driveways and walkways located thereon, shall be taken by•the Board, acting for and on behalf of the Association. ~' Section 9.2. Riehts and Oblieations of Owners. All portions of a articular Ownez s Lot and Unit, Eo ether with all fixtures an e u men (including plumbing installedt withinw ariUnitanor a nLotts~including, awithout conditioning units) 34 I { _ _ . ~ -~. ,, limitation, on a patio or gticsnandabalconies dshallhbe maintained and keptiin and all landscaping of p repair by the Owner thereof at his sole `cost and expense, except that the Association shall have the right ta'promulgata reasonable Rules and Regulations as aforesaid, and-the Associat ~9shawires~e conduitst or similare systemstaor and repair utility lines, p p _ facilities up to the point where they enter the exterior walls of a Unit. Pest control shall be the responsibility of the Owner, as shall be all interior maintenance of individual. Units. An Owner shall do no act nor sny work that will impair the structural soundness oY`integrity of the Development or impair any easement, nor do any act nor allow 'any condition_to exist which will adversely affect the other Units or their Owners. ARTICLE R. INSURANCE Section 10.1. v nrrv Insurance. The Board shall have the authority to, and shall, obtain a blanket policy of insurance insuring the Improvements and personal property located on the Common Area, against loss or damage by firs, hazards covered by a standard extended coverage endorsement, and other hazards as are customarily insured againerils normally p ousted by the Pitkin County, Colorado a=ea,' including all p standard "all risk" endorsement, to the extent any such coverage is available. Such. insurance shall be in an amount sufficient.to.provideercentreof tithe nfull any damage , in an amount;,, not less'" "than' one 'hundred. p ''replacement value of `thee Improvements'lacated on the Common Area and all Association controlled personal property;~as determined at least once eseh'year by"'the' Board, and covered by'.an "Agreed .'Amount" or "Inflation' Guard° ^'.endorsement „ if".available :;.;All insurance coverage shall be written in'the name. ', of":and the ,proceeds ` thereof shall be 'payable "to 'the' Association or ; to its „^•authorized!`representative;as Trustee `for';the'use'and benefit ,of the Association, `"'' j `~; he •individual`LoE'Owners!'and the beneficiaries of deeds or trust or mortgages' ';govering'e'ach of the'Lots.or Units,'as"the"ir~inteYests`may tip"Pear o£ record. s.Deductibles-, may 'exist as'to theCommon~Area, as'the Board ;may determine 'from time to'time.°'All'such insurance proceeds shall be deposited"in a bankor other :f financial-institution, the accounts o£ which bank or institution are insured by 'a federal governmental agency,''with the, provision agreed to by the'bank'or i ` institution. that such funds may be withdrawn only by signature of one half of the members of the Board or by an agent duly authorized by the Board. Such >- .Insurance .Policy-shall contain a waiver. of subrogation rights by the insurer. against individual Owners,'shah provide that the insurance is not prejudiced ' by any act of neglect of individual Owners which is not in the control of all of the Owners and shall rovide that the olic 3s primer in the event an Owner has other'. insurance covering the same loss., y y In addition, the Association shall maintain the following forms ofl insurance• (a) Workmen's compensation insurance, if necessary to meet 35 I t of law• and the requiremen s (b) Such other insurance as the Board shall. determine from time to time to be desirable. . Notwithstanding the duty of the Association to obtain insurance. coverage, neither the Association nor any Board member shall be liable to any Owner or any other party if any risks or hazards are not covered by insurance" or if the amount of insurance is not adequate, and it shall be the responsibility of each Unit Owner to ascertain the coverage and P f r csuch afforded by the Association's insurance and to procure and pay additional insurance coverage and protection as such Unit pwner may desire. *+ hi~ity Insurance. The Board shall have the Section 10.2. see authority to obtain public liability insurance covering the Common Area and those portions of the Lots on which is located a sidewalk or driveway intended for the benefit of more than one Owner. 'Such insurance `policies shall contain a "severability of interest" endorsement which shall preclude. the insurer from denying the claim of an Owner because ofnegligent acts of the Association or The sco a of coverage shall be in the kinds and amou~ts of other Owners. P required by private institutional lenders for simile;.projects in Pitkin Coun y, 1 Colorado, but must include coverage for property damage, bodily injury and death ', in connection with the operation, maintenance or use of the Common Area and those portions of the Lots on which is located a sidewalk intended for the benefit of more than one Owner. Coverage shall be for not less than One Million U.S. Dollars per occurrence, for personal injury or property damage or both. In addition,'the Board shall. obtain liability insurance, if available, covering any legal liability that Yesults from lawsuits related. to employment contracts 'in which the-Association ;is a party."' - Section 10.3."" Fidelirv Bonds. The Board shall have the authority,"buC'not the duty, to 'obtain and carry a fidelity bond or .insurance ~ coverage 'against dishonest acts cf its directars;'management agent, management r'"agent's;.employees ;'?trus,tees,';employees~or.;volunteers-responsible for handling 'Association funds ,'regardless'of whether such individuals 'serve, with or'without. compensation. 'A management agent that handles funds for the Association shall ~ °also be covered by its±own fidelity bond: ':Except for fidelity bonds that a ' ( management agent obtains`for~its personnel, all other bonds shall name the .Association as an obligee The fidelity bond or insurance shall be written in any amount sufficient to"pYovide protection as determined by the Board ~ Section 10.4.~~~' ~,lt*1nna1- Insurance. Premiums for 'all of the ~ .a above-referenced insurance shall'be common expenses includuT tie etcr procure r {~ Assessments. :In addition;`the Board mayr'from'time to time, p ~ other forms, types .and coverages of-insurance including, without limitation, officers and directors liability insurance. Each Ouiner shall. be responsible :.for his .own insurance on his Unit and the personal property contents of his Unit, any additions, decorating or other improvements placed therein, and all - furnishings and personal property therein or stored elsewhere on the Property. Each Owner shall furthex be responsible to provide his own personal liability insurance to the extent deemed appropriate by such Owner not covered by the :liability insurance to be provided by the Board as set forth above. No . 36 i ;, , w~~.. Association acquired insurance coverage, as required under this Article X, shall be broughf into contribution with insurance purchased by individual "Owners, their. mortgagees or other Board directed insurance. ARTICLE RI DAHAGE AND DESTEOCTION Section 11.1. J~ f Insurance Proceeds. In the event the Common Area or any portion thereof is damaged or destroyed by fire or other hazard covered by insurance puzsuant to the provisions of Article X above,-the Board shall contract with a licensed contractor or contractors to rebuild or repair such. damaged or destroyed portions of the Common Area in conformance with their original plans and specifications. Or, if the Board determines that adherence to such original plans and specifications is not in conformance with the good of the Development, or applicable laws, ordinances, building codes, or " other governmental rules or regulations then in effect, such .repairs or. rebuilding shall be of a kind and quality substantially equivalent .to the original construction of such improvements or consistent with the good of the Development. The Association shall obtain reliable and detailed estimates of - the cost of the repair or reconstruction. The contract with such licensed contractor or contractors shall provide for paymee't "to the .contractor or contractors of a specified sum for performance and execution of the work therein described.. Disbursements to the contractor shall be made subject to`the prior approval. of the Board as. may be 'appropriate in-'the cicuinstances and deemed suitable by the Board. The Board may employ a licensed architect to supervise the repair and rebuilding to insure that ,all work, services and supplies are in conformity with the 'requirements of ,the construction eonEract. "The Board shall - use insurance;proceeds'for the purpose set forth in this section. I4 'Section 11.2. s f cie t a d Ex essive Insurance Proceeds. If `the insurance``proceeds are 'insufficient toy"pay all costs of •repair ayd. \ - rebuilding,. the Board shall levy a Special,Asses`smenf to make up any deficienc ~+ " If"they'insurance, raceeds.exceed'the;~costs'`of~repair`and reconstruction,'rthen. ~P '`:following completion of such repair'`and`rebuilding,' the excess'sha11'be paid ' :, first.to-the beneficiaries~of first priority deeds of trust or mortgages on the ' '~ Lots'~as their respective interests appear;;of record with. any overage paid to the record owner.' _ ,' ,, ~: -..: . . _ . - ,. .,,. ~,. ,~ .: `ARTICLE RII " CONDEMNATION `, ~, y; - ,: Section 12.1. Payment of Award. If a portion of the Common Area ~ "; conveyeddeoas com ensa ionufor s ~h t kingi includings but without limit tione ~' eward ma p any amount awarded as severance damages, or the entire amount received and paid in anticipation of such. taking, after deducting therefrom, in each case, ;, reasonable and necessary hosts and expenses, including, but without limitation,. ,: '" ~ ._ 37 ~r .. , ..~. y.C..... n. n.. nr r... ~...n'- ~-r..~....-... .. ~ ..... attorneys' fees, appraiser's fees and court costs (which net amount is referred i to in this Article as the "Award") shall be paid to the Association, as Trustee for all Owners and the beneficiaries of first priority deeds of trust or mortgages than of record. The `Association shall, as soon as practicable, cause the Award. to be utilized for the purpose of"repairing, replacing and restoring the affected area including, if the Association deems it necessary or desirable, the replacement of any Common Area improvements so taken ofconveyed. Any such repair, replacement and restoration shall be performed, to the extent reasonably possible following such condemnation, substanti311y in accordance with the original plans and specifications. Any excess shall be distributed to first to i the beneficiaries of first priority deeds of trust br mortgages on the LoCS as their respective interests appear of record with any overage paid to the record owner. Section 12.2. Special Assessment for Deficiency. If the cost of any repair and restoration shall exceed the amount of the Award, a Special Assessment shall be levied against the remaining Owners to the extent`nece§sary to make up such deficiency. ARTICLE $IIZ RIGHTS AND DUTIES OF,FIRST MORTGAGEES Notwithstanding and prevailing over any .other provisions of this Declaration, the fallowing provisions shall apply to and each beneficiary of a first priority deed of trust or mortgage upon a Lot or Unit: Section 13.1. ^"'«°+n Prohibited Amendments. Unless at least three-fourths of the Members and Declarant have given their prior written approval, the•Owners shall not be entitled by act or omission, to change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Lots or Units; the"exterior „ maintenance ;of-Lots or Units, the maintenance of the Common Area property, driveways'or' the.. upkeep°`of lawns`~;and"plantings `in the, 'Development,"Fall as-: :_ , initially established by Declarant.' , z.. Section ,13.2 "' condemnation. No provision of the Constituent Documents shall give a Lot"Owner,'br any other party, priority-over apy rights af'the beneficiary of a first priority deed of. trust or mortgage-upon a Lot or Unit in contravention of Article XXII. Section 13.3. Duties Applicable to Purchasers Who Have Acquired ~'itle Throueh Foreclosure. An action to abate the breach' of any of the covenants; restrictions, reservations and conditions created or imposed by this Declaration may be brought against the purchasers who have acquired title through foreclosure of any deed of trust or mortgage and the subsequent sale including but not limited to a sheriff's sale or public .trustee's sale or other ~ an I event though the breachnexistad prior to sthes timeit~ie+ puic asere`atquiredra, interest in such Lot or Unit. . 38 '- Section 13.4. Trust or Mortgage may, jointly or singly, pay'taxe§""or other charges which are in default and which may or have become a charge against any Common Area property and may pay overdue premiums on hazard insurance policies or secuze new hazard insurance coverage on the lapse of a policy, for such Common Area in such a ents'shall be owed,imm,_ ,~", •~ property and parties mak g p ym ediate reimbursement therefor from the Association. Section 13.5. Oafa++lt Notices. Beneficiaries'of First Priority Deeds of Trust or Mortgage may upon written request, upon payment of a reasonable fee to be established by the Board from time to time, shall be entitled to written notification from the Association of any default in the ,,: ~~. performance by the Owner of the Lot given as security to"such beneficiary is such default is not cured within sixty days. Section 13.6. A ss to Books and Records. Beneficiaries of First Priority Deeds of Trust or Mortgage shall Have the right, upon zeasotlable request, to examine. the books and. records of the Association at reasonable times. .. ., Section 13.7. Votin¢ Ri¢hts. During the pendency of any pzoceedings to foreclose a first priority lien, (including any period of redemption) or from the time a trustee or beneficiary under a first deed of trust or mortgage has given notice of, sale pursuant to power of sale and .pursuant. to law, any beneficiary or a receiver. appointed in any such action, may, but need not, exercise any or all of the rights and privileges. of the Owner in default of a Unit.~including, but 'not limited to, the right to vote as a Member'of'the Association in the place"and':stead of the defaulting Owner. v8'ection 13.8. *+en Holder to Pav Assessment After Delivery of eed.y At'such time as any lien holder shall become°record Owner of a Lot (or `',upon'':execution and delivery of"a public ;trustee's"`deed sheriff's or other -~` ;,;trustee's deed'or`ldeed,in.'lieu of>foreclosure) sand,. entitled to possession, the.,;' ~ • '~sucnessor~`record owner shall be subject to"all of ':the'':,termsyand conditions of i • xhis:`Declaration including, but `not limited to, the obligation to. pay'all ";'Assessments ;;and charges accruing 'thereafter, in the same' manner'as any. ,other ~~" 3~ Owner. - ~ ~. .• .; ~ .. ~ ' , Section 13.9.V Miacnttanaous." Notwithstanding'and prevailing over~~all~other pzoviaionshereof,`no amenifu~ent`"to this Declaration shall be made or become`effective which in any way affects, diminishes or impairs any of the ,~ rights, privileges 'or powers granted to any Beneficiaries of First Priority Deeds'of Trust or Mortgage under this Article without the prioi written consent i of the .parties affacted.by such an amendment Beneficiaries of First Priority ~,v~. ' Deeds of Trust or Mortgage shall have the right'to enforce against"Owners and all others,,,any_and all provisions of this Declaration including, iaithout limitation, this Article. Enforcement may be by injunction, mandatory or prohibitory, or any other"lawful procedure. I j 39 i i 1 - -. -- .. TERN AND AMENDMENT _,~ Tha covenants and restrictions of this Declaration shall run with and bind the land for a term of fifty years from the date this Declaration is recorded, after which time they shall be-automatically extended for successive periods of twenty-five years, unless revoked at .the end of any such respective period by written instrument requiring the same approval as amend~ent below and the written consent of all Owners and all Beneficiaries of First Priority Deeds of Trust or Mortgage. .Any amendment during the first fifty year period, or thereafter during any successive twenty-five year period, shall require an instrument signed by the Owners of three-fourths of individual Lots, together with that of Declarant, so long as Declarant owns one or moY2 Lots. Prior to sale of the first Lot by the Developer to a bona fide purchaser (sale being defined as the delivery and"recordation of,a deed to a Lot), the Developer shall have the right to amend this Declaration. In addition, before Declarant has sold all Lots in the Development, this Declaration may be amended, supplemented or modified by Declarant acting alone to cure any formal defect," omission, inconsistency or ambiguity in this Declaration. It is the intent of Declarant, and any Owner, by accepting a deed to any Lot, agrees that amendments`hereto must be of a uniform character but",may, if adopted in accordance herewiEh, add or supplement restrictions and are not limited to removing or making less restrictive the provisions of this Declaration. In the event it is found that p n a Lot or Owner for whatever reason, a articular amendment is not binding upo '~ nevertheless, such amendment shall be binding upon all Lots and Owners who accepted the same, and upon all of thgir"respective successors and assigns. No amendment shall be made which will alter or modify the ,rights of any Beneficiaries of First Priority Deeds of TrusE or Mortgage encumbering any Lot without the consent of the affected party or affect. the"rules, regulations or restrictions •of any .governmental. .agency or' instrumentality acquiring any . ;,mortgage of ;participation',interest therein on any. Lot. All amendments must be '` ~:recorded"in=the. cal 'property records`'of Pitkin County, Colorado` and shall become effective only upon ,recordation ~ ~ ~ ~t ~ ,. a -.,~, . ~ .Y . `1„> Y "Anything -in~'this Declaration to the ,contrary notwithstanding, <..' >.Declarant reserves "the ..right to amend all or any part of this Declaration to as ma be requested by.any federal,'-state such an extent and with such language y or local governmental agency which requests such an amendment as a condition i precedent to such agency's approval of this Declaration, or by 'any federally chartered lending institution as a condition precedent to "lending funds ~ intending to rely upon the "receipt of a security interest,of any Lot or Unit. Any such amendment shall be effected by the recordation, by Declarant, of a Certificate of Amendment duly signed by or`on behalf of Declarant with requisite formalities, specifging~the federal,"state or local, governmental agency or the federally chartered lending institution requesting the amendment and setting .forth the amendatory ~ language requested by such agency or lnstitutiom. ., Recordation of such a Certificate shall be deemed conclusive proof of the ~ ,.. . ~~ whencrecordednsshall be bindings pfor such an amendment,"aii3 such Certificate, u on all of LITTLE CI,pUD and all persons having an interest therein. ~~ 40 ~ j ,,, ;~ ARTICLE %V GENERAL PROVISIONS Section 15.1. ~yf~rgement` Any OwneY shall have, the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the .provisions of this Declaration. Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained in this Declaration shall be deemed to constitute or create a reverter or to create or vest in any person or entity any rights in the nature of a reversion or right of entry,-the Owners' several rights and remedies hereunder being limited to injunctive relief (as the same may be further limited hereby) and to suits for damage sustained by reason of a breach hereof or under the Master Declaration or to enforce assessments , against a Lot or Unit hereunder. Except as `provided herein, any judgments for damages against an Owner shall be enforceable against his Lot or .Unit in the manner of: (1) any other judgment lien; or (2) a lien created hereunder. Section 15.2. 7ncorooration of Recitals. The Recitals set forth above are incorporated by'reference into the body of this Declaration and this Declaration shall be construed in of the Recitals as though the same were apart hereof. Section 15.3. Severability. Invalidation of any one of the covenants, conditions, or restrictions herein contained by judgment or dourt order shall in no way affect any other provisions of this Declaration which shall remain in full force"and effect. It is the intent of Declarant that-a 'court construe each provision hereof in the manner which would make it valid and enforceable and, if such a provision cannot be so""construed, that-the court substitute a.provision that would make the contested provision valid in such a L. manner-that most closely approximates, in the courts best judgment, the intent .fix. ~ ~.1 . 1 N. Y a. ~. '. ...~_ :~. ..._ a .M. t. I~. . .,~..:.•,of!:;Deciarant. . `= ....':; -' .'.:- - ~ Section 15 4. ,~^ Violations and Nuisance Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to`be a nuisance and may be enjoined or abated, whether or-not the relief_"sought is for negative or affirmative action, by Declarant or any Owner or Owners of Lots within the Property or any `other party having a' proprietary. interest in the Property. *+ stations on 'Actions.` In the event any Section 15.5. ,, construction, alteration~or landscaping "work. is commenced upon any of the Property in LITTLE"CLOUD in violation of this Declaration and no action is commenced within one year thereafter to restrain-such violation, then injunctive or equitable .relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one year limitation shall not apply to injunctive or equitable .relief against other violations of this Declaration, noY shall it apply to the provisions of Article IV, Sections 4.1, 4.4 (the first .grammatical paragraph thereof), 4.6, 4.10, 4.14, 4.19, 4.23 and 4.29. 41 - , ,- ~. } ~I .~. • ., _.. . _.._ _. i Section 15.6. ~,^~a {^^ of Law. Any violation' oi:~ any state, municipal or local law, ordinanca.or requisition,~pertaining to the ownership, occupation or use.of any property,: within Che Property is hereby... declared to be a violation of this Declaration and subject'to any or all. of the enforcement procedures set forth in this Declaration.. Section 15.7. n Ato< simulative. Each remedy provided by this Declaration is cumulative and not exclusive. Section.15.8. iivri- of Notices and Documents. Any written natlce or other documents relating to or required by this Declaration may be delivered either personally, by U.S, mail with first class postage prepaid, by overnight courier, or by facsimile. transmission. If by overnight courier or similar service notice shall be deemed to haaTt ? withlconfirmation of irecelpt by facsimile transmission by the sanding p ` y requested f;om the receiving party and if no evidence shall appear indicating that the transmission was'not otherwise completed. If by U.S.' mail, notice shall be deemed to have been delivered seventy-two hcsta eftere aid pypropezly has been deposited in the United States mail, p g P P addressed either to the address of any Lot within the Property"owned, in whole or in part by the intended recipient or to any other address last furnished by an Owner to the Association. If to Declarant, c/o Cottonwood Garden Development " _ Corp., 1102 Hancock Street, Casa Grande, Arizona, 85222; provided, however, that any such address may be changed at any time by the party concerned recording a written notice of change of address and delivering a copy thereof to the Association. Addresses `of grantees in deeds to Lots shall be presumed correct. .Each Owner of a Lot shall file the correct mailing address of such Owner with ~,., .the Association, and shall"promp'tly notify.. the Association in writing of any subsequent change of address. Section 15.9. N- °i`'~{^ naaication. Nothing contained in this ., Declaration shall be deemed to ,constitu't`e"a dedication, for public use or to `create any rights n'the'general public. Nothing contained in this Declaration rshall be construed as"hreating`an'obligation on the part'of either the City'of "Aspen or Pitkin County~or any"other goveznmental authority having jurisdiction over'the Property,. the .streets and roadways and,the Common Area to maintain, repair or replace any `portion of the Property, the streets and 'roadways"and the Common Area or the ,appurtenances thereto. Section 15.10: Gond of Declaration to New Members. The Board .shall provide each new Owner of a Lot a copy of this Declaration and any and all amendments hereto within sixty days of notice of the conveyance of a'LoC to'such new Owner.: However, the failure of the Board to provide such copy shall not relieve the new Owner from complying with this Declaration nor waive any of the g d herein or create any liability on the ri hts, conditions or restrictions state part of the Association', the Board or thei~r`agenzs. " ~~ Section 15.11.' chase of Lot by Association. Upon consent or ~ approval of a majority of Owners pros oting at a general or special ; meeting of the Members of the Association or in such, other manner as may be -deemed by the Board to be necessary or expedient the Board shall have the power and authority to bid for and purchase any Lot at a sale pursuant to the 42 ;~ i _~, foreclosure of any deed of trust, mortgage or other lien .foreclosure, including the foreclosure of an Assessments Lien oz other charges provided for in this i . ~. .„, beclaration, or aC a sale pursuant to an order or drectiontlof a court, or"other involuntary sale, and the Board shall have the power' and authority to finance such purchase of a Lot by conventional loan secured by the appropriate security instruments, Special Assessment or any .other financing arrangement that the Board may deem necessary or expedient..... Section 15.12. Peroetuity Savines. If~any interest purported to ba created by this Declaration is challenged under the Rule Against Perpetuities or any related rule, the interest shall be"construed as becoming void and of no effect as of one day prior to the and and only as of one day prior to'the end (and therefore noC subject to challenge under the Rule) of the applicable period of perpetuities computed from tha_date when the period of perpetuities starts to run on the challenged interest. Tha_"lives in being" for computing the period of perpetuities shall be; (a) those which would otherwise be used in. determining the validity of the challenged interest; plus (b) the Board members, those of the issue of the Board members-and the lineal descendants of George Bush, President of the United States; who are living at the time the period of perpetuities starts to run on the challenged interest. Section 15.13. Ghanep o Circumstances. Except as otherwise expressly provided in this Declaration, no'change of conditions or niicum§tances shall operate to extinguish, terminate or modify any of the provisions of this Declaratlon. Section 15.14.. Interoretation. (a) Unless .the context otherwise indicates, words used•in the singular shall include the plural and vice versa and the use of the neuter,'masculina or feminine.. gender is for convenience of reference only and shall be deemed to mean and include any and all other genders as the context may require : ` (b) Headings of Articles and Sections herein and the Index .i .. , .. ,..,~ w hereof are not solely for convenience or reference. and it is intended"that they'do constitute a'patt of this Declaration and that they may-be used to understand and interpret the meaning,-construction'isr~effect hereof. (c) Allaccounting terms not ottierwise~ 3e£lne3 herein shall ' have the meanings assigned to them under generally accepted`~acc~ounting principles at the time such term is being construed.. ~, Section 15.15. No Warranties. Declarant, in setting forth this _F.... Declaration and the restrictive covenants set forth therein, makes no warranty as to its or their present or future validity or'enforceability`ahd any Owner, acquiring a Lot or Unit in reliance on any aneor more such restrictive .F _._._ .covenants, shall assume all risks of the validity and enforceability and, by~ acquiring a Lot or Unit, agrees, now and in the future, to hold Declara`nc harmless therefrom. _...~keoe 43 , ~6~~ ~°+ i ~~~ a,.„ ,~.~,n.., ~ .. a.,. .. ..,~.: n .,...:,..~ . .i_ _ ZONING CHECKLIST Ownel's Name ~7'U C,k-mac' Jr~~ n -~c~onwcoc~ 0.c^ ~-n S Permit # _ ContactPersonMumber ~'o~?P, (~QZ~~%~-~: 3i Date Reviewed /~ JobAddress~~l Giffl~ ~',Ioucl "Trcz i (, Legal Descrip6on_j-c'} ~ Ci ~-~(e ~~ou~l 5~~ P~~ Access Permit#94-Existing Access 1041: ^ Minor Resolr6ontVO. p~MapBpq~ py~ ^ Wildlife ^ Wildfire ^ Flood Plain ^ Slopes ^ Geologic ^ Ridge Line ^ Scenic Overlay Other ~C 9a-I~?6 -BOA: i~A ^ Resolutan # CDU/EDIJ: ~ tWA ResotVo. Deed Restriction: Book Page . Topo /Survey: ^wA Date ,lob # ~~ S ~ ^ Schmuesser ^ Lines in Space ^ Aspen Survey Engineers ^ Scarrow ~~Alpine Surveys ^ Otf>~ Type Work ~~ Type Unit Ff2~ C4~ u Zoning ~ ~lS-~u® Lot Size Lot Area ___ FLOOR AREA HEIGHT & ETBA K Allowed ^ 15,000 sq. ft. maximum Allowed ro s ~ ~ r, ^ 15,000 sq. ft. residential Height ~ ~ ~ ~o ~ ~~ ~~ ~ Setbacks Existing ~ Proposed Front Side Rea TOTAL 'I,398 - oco(vv~~ r Oher Within A pproved Bldg. EnvJOutside All Setbacks r ve Plans Released ~ ~~ ~ 1 C tif t f . er ica e o Occupancy ^ Conditions to be checked at C0 #~ Foyer, Garage: Attach 2 Detach- Carport- Dedc_ Kitchen~Dirurg~ Living~_ Fam1y Bedrooms- Ubrary _ OfclStudy Media Room Slorage~ Atoc ra;~, ,~~x Other C ~rv ~ ra _ _ Exercise _ Solarium/Greentue _ ~~~ ~~Y- Mud- Mech~f , . . _ . _ r ~,~/ t / ~~~l~~a _ Over.Yes~/ No_ •~- J ~/ °~ ~!a ~ e m ~ n I ~n I ~ ~ I' .~._'~ ITI e'w' 6TH ~SUITE'20~ F:C Box 21 55 - I R.O. eox 30ee R ~ ~ ~ 1 Gl + ~LO e I CEO I ~ { ABCEN CO B 16 12 ~ , CRESTED BU'RE CO a ~~ ~ 1224 970-9 5 I 04 56]2T 9~09 J-3495355 97 i a -1 rx 970-945 594e I q Rxi 9')O 925 4 i57 ~ I ~ 9~0 349 53~e~ ~ I Dear L2hce ~ "'~ L ~ _~ --~---1---~' 1---' ~ I ~ - ' ~ . ' .`~ i ~ Enclosed Is an ~arthmowng Permit Application for the Little Cloud Subdivision. The I- Permit is a request to a~owthe use of Lot 2 of the Little Cloud Subdivision to be used as a staging area for materials during construction of the Little Cloud Driveway. 'l accel f some of tfie oh-sitee benefit to the community byallowing an on-site location to ,., . The apse of Lot Z will roved excess material to be used to create a staging pad. The I I staging pad will be used to screen on-site material for use on the backfill of the MSE walls. This operation is not mechanical. The operation will reduce the amount of'off-site ' I Ili excess' materialas well as reducing the amount of imported aggregate. materials., I The operation will be limited to the area of the existing Lot 2 building envelope. All disturbed areas will be protected. by erosion control during and following construction. Following construction, the site will be revegetated per County standards. The result of the approval of this permit will decrease truck traffic between this site and the Pitkin County Landfill by over 150 wo-way trips. The reduction in truck traffic will also reduce energy, noise and dust in all areas below this lot Please do not hesitate to call with any questions. Thank you in advance for your prompt attention to this permit. Sincerely, SCHMUESER GORDON MEYER, INC. Dan Cokley, P.E. CC: Thomas Lewis Curtis R. Sanders I:\1988\8049\C\Corresp\8049c_earthmoving pertnit.doc RECEIVED JUL 14 2005 Pigdn County Building Dept. ~, CUT = 470 CY ~~~ \\ `\ \~` \\\`. ' ` /` FILL = 0 CY ~ ~ > / ~\ ~ -~ s ~ ` J \ _ ~_ / ~`~~ ca+mtucna+ R3lCE ruceo ~ ~ \\ ~ ~ / -~ Awr+c ror or sore _ ~, \r~N >930 ~~ ~ mun 11 .9' __ - -_s-~~ ~. ~ - ~ 1 ,~ ~~ ~~~ . ~~ Imo. J ,~ ~ ,~ T LING PA[~ 7940 // 1 \~~ \` ~\~~ ~ ~~ C j.~\ ~lTr~\ ,~ ~ ~, - a~T ce rucm ~wNC \ BUIWINCti N1E1.OPE `NE \/ \ ~A ~ v1 l ~/~~~ - 1, / ~~ >\~ '~ /~ i •. \~ \ \. 'sz / °~~ ~O ' ~ a ° ~/ T 1 ~/ - , -: DISTURBED AREA TO BE REVEGETATED PER PITKIN COUNTY. STANDARDS SCHMUESER GORDON MEYER INC. Ifrj'r1'j,~' CLOUD !/vh 778 W. 6th Street, Suite 20o EARTHMOVING PERMIT GI ~ wood S rin s, Col) rado 81607 Job ~ 8049C Arts: 7 73 OS Arown by OJC el14 SCHMUESER GORDON MEYER (970) 945 7004 (FAX 945-5948) As en, Colorado (970 925-6727 9C_BM ENGINEERS S SURVEYORS ,.:-~: I ;- _ ~ Memorandum To: Vicki CC: From: Ed Van Walraven Date: January 31, 1995 Subject: 49 Little Cloud Trail i If the access road or drive is in excess of 150' from the primary road a fire department apparatus turn around shall be provided. If you have any questions please call..... _ C% ', r'`~-~92 ~Ea a 1995 ', .. ,. .,. .. e.. .. ..x. i:.w b..w.... ,nr e. . , Ay. .r,..., '"" . ~°.+ ~r a .a, ~ - , . __ .. . ~ n.. ,c..r J ~.N~ hexa~i}'n. Ua:i x: "6°'u4xi5~ ~ w'r.: +a@.A i ~ lr ~ , ~ ~~ u I ~ - { Section 15.16. The Dec~arat{on. By acceptance of a deed or by acquiring any ownership interest in any"'of the real property included within -this Declaration, each person or entity, for himself or itself, his heirs, personal representatives, siic`cessors, transferees and assigns, Minds himself, f his heirs, personal representatives., successors, transferees and assigns, to~all of the provisions, restrictions,' covenants, conditions, 'rules and regulations now or hereafter imposed by this Declaration and., any amendments thereof. In addition,' each such., person by so doing thereby acknowledges that this Declaration sets forth a general schema for the improvement and .development of the real property covered hereby and hereby evidences hie interest that all the restrictions, conditions,, covenants„ rules and regulations contained herein shall run with the land and be binding on all subsequent and ,future owners,'" grantees, purchasers, assignees and transferees thgreof., Furthermore, each such person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable. by the various subsequent and future Owners.... IN WITNESS WktEREOF, the undersigned, being tha Declarants herein, have hereunto set their individual and corporate names this _ day of December 1989. DECLARANTS: COTTONWOOD GARDEN DEVELOPMENT CORP., an Arizona lco~rporation .. Its P~fesident .. 'JOHN R. CKER, I ,~ -,:~ :, ~~ f/~ i o R. `Tucker; III ` !, ;, i, STATE .OF ARIZONA ) ~'.; I ss. i ;County of Pinal ) The foregoing instrument was acknowledged before me this 1a, day of December 1989 by John R. Tucker, III, the President and duly authorized agent ', of Cottonwood Gardens Development .Corp., an Arizona corporation.. I 1 Witness my hand and official seal.. . My .commission expires: ;~' a J 7' ~ ~ ~~h,(~(~t'1~CLtit~ a otfiauseu "Notary Public ~ _ EVA M. TRUMAN a ~ e NOTARYPUEUC-SfATEOFARIZpNA ~ . PINALWUNTY • MyCOmmEcpimsOct16,1991 (acknowledgements continued on following page) i 44 i - ', ~ `~~ STATE OF ARIZONA ) ss. County of Pinal ) The foregoing instrument was acknowledged before me this 1~ day of December 1989 by John R. .Tucker, III, an ndididual. Witness my hand and official seal. ` My commission expires: ~~ ~~N~~ 45 ~~~~ „. w~i a .Fy,,~ r. I ...... . . _.. ~ 7s6 .: " ' . +.. ~ R r ~`~'"~ ` Nicholas Lampiris, Ph.D. ~: -~ ' C.ONSUL7ING GEOLOGIST 05541i1GHVYAIf'~82 CARBONDALE, COLORADO 81623 ... (30319833600 Wayne Ethridge F'. 0. Hox :.863 Aspen CO 81612 FE: 2~J1 West Cooper Dear Mr. Ethridge: I have completed my geologic investigation for purposes of porojectillThe4deVelopablelarea~yliesnsouthaofvtheeColoradd "~ Midland right-of -way on the south side bf the Tawn of Aspen between First and Third Street. This Colorado. the Aspen 7 1/2 minute quadrangle, F'it4cin County, The topography of the lower portion of the property consists of the steep, northeastern-sloping hillside at the base of Shadow Mountain where of merges withtthoe-V~YifiTowardethe which is the Colorado to Mdlinear depression between the base southeast there is a long, of he mountain and the old railroad beer-o olis claim prominent bench at the base of the Copp P approximately 74 _feet above the base of the depression and' .' west of it. Most of the hllsideThere areeanumber~~ffers up to 1U to 12 inches ih diameterJcattered along the hillside 7.imestor'e and 'dolomite blocks - :and its base with a well developed toot path system all along the hillside' oward'the base of the cliffs above. There are• i sPyeral mine dumps, indicating previous mine workings, in ahis area. The geology of the site consists of colluvialpand talus ' material which has been derived over the centuries-from the carbonate andsandstone o4itcraps above.This material ranges from clays, silts, and sands tb"'angular roc4;sosed barlders. Mo outcrops were visible within the area Pr`nPts on the ~- development. The sandstone and carbonathe far.ilted Leadville mountainside above the site ~~ndmoa~atctr Cuartcite of Limestone, ManitoLC llolomte, Paleozoic age. E~ecause of the comple::ity of the geology of the site, it is difficult to ascertain what unit or units underlie the proposed development site, but is probably the Belden Shale or one of the previously meClaimetlrom1197s Test -holes drilled on'the Sibley Load Mining I 1 ~I indicate that no bedrdck: was encountered to at least a depth of 14 1/^-feet. The general settino of this-geologic inq, sequence of Faleozbc rocks is that of the steeply diPP even overturned, west limb of a north-south trending syncline on Aspen Mountain. The Castle Greek fault zone passes .lust west of the subject area. Althqugh each of the four sites will be discussed =_eparately, there are three types.gf geologic hazards which may be a factor on the project site.: 1. Steep and potentially unstable slopes ~. Fockfall zones ~. Snow slides Building site #4 is at .t he west end of the development at ±he west edge of a natural-bench which should provide a suitable site for development, Very little hillside cutting will be necessary, and rocFkfall and snow slide hazard is at"a minimum because of the general topography and the thick cover of conifers on the hillside above the site. N~voebehc`itsat all, especially if the toe of_the hill is going, _ the rear wall of the home should act as a retaining wall to this hillside and protrude at least four feet above finished grade. with no doors or windows on this uphill-faci~s well,as Site specific soils engineering will be necessary positive-drainage around the site. Building site #:1 is at the narrower southeast end pf this bench. Eiecause of this, more of a hillside cut will be ,,,,necessary.- Even though the hillside is somewhat gentler here ~ "' than elsewhere. it`is very important that the rear wall ar_t as a retaihing wall to replace the material e::cavated. .The `same"cbaditions and mitigative recommendations for the previously described site will also pertain here... In :,ddition, l believe that it is important to Conduct a factor of safe+_y analysis on the hillside where the toe will be removed. Building site #2 is on a bench formed by old tailings arorkings out of the Alabama Tunnel. The tailings have been in place for 'a long time and should be fairly stableTheurear site specific soils engineering will be necessary. of the homesite should be landscaped sd as to direct any drainage around the rear. of the site. This site is somewhat more open to small snow slides and minor roclkfall than the previous two; therefore, I recommend that a small berm/trehch feature be designed around the rear pf the home in order to protect against these two hazards. The berm portion of this feature should be piled and compacted to at least 8~% Froctor ..;: > :, 1 .~. ._ . ... .M, ._ .~.._. •,.,a._ ~1. ., ..,~~,.P~,~.~a;~ .. ' 'I .. \ ". .. •. a Density against a stem vtall designed to protrude ~t least 6 feet above finished grade. Doors qnd windows should be only at the secdnd level., of the~home on the rear side.' Site specific soils engineering will 6e regCired... Puilding site #1 is gn sn essentially flat site at the base. of the hillside at the east end of a linear depression caused in part by the railroad bed. This site is 'suscEpti6le to small snow slides and roc4: fall. The recommendations for the i previously described site will all apply here"with the additional recommendation that the depression be well-drained so that ponding will not adversely affect the site. It is my understandhg that municipal viater and waste disposal systems are available. Access f_o site #1 will be easy because of its low level and pro;:imity'to the streete of Aspen., but sites #2 through #4 will need to be engineered.. along a fairly steep; but relatively stable, hillside. There are no geologic.conditions which will act to make this design any more difficglt than elsewhere in the County where hillside roads must be built. An additional recommehdation is that the finished homes be designed with adequate ventilation at lower levels to minimize the accumulation of radon gas, even though it is not certain that'it is being .emitted in the area. There are faults in this area, but they .. ., -a are millions of years ol.d,~and~ I~am~~hot~aviare of any` movement along them in recent-years. I recommend that the lJniform Puilding code be followed,~s it pertains to seismic ~one'II. ,;I beligye,th~t.these sites can all be,develop'ed as indicated :' ":i.f the preceding recommendations are followed. In ~zodition, I belieye`i.hat it is'important that I be present during the st~aP;xng of each building site and the. suggested landscaping. features, because they are so important to 'the protect. I'f there are further questions, please do not hesitate to .' r_ontact me. Sincerely, r~ // ~ ~^-( ~sltd /~~G7„i Nicholas Lampiris Consulting Geologist ,,...,. , .~,r, ,., x~A ..,n..,,.~w... , _ . ~, ~... m i .• ~ ,,~ ,~5 COTTONUJOOD HOMES, INC. ~~~ CO~i TONU100D GARDENS DEVELOPMENT CORP. ~ 83d-7531 January 29, 1996 Vicki Monge, Permit Technician PITKIN COUNTY BUILDING DEPT. 130 South Galena Street Aspen, Colorado 81611 y-~~~. RE: Building Permit #~-~~, 0049 Little Cloud Trail Thank you for your letter of January 17, 1996, regarding the expiration of referenced permit. As you know, those particular plans were submitted as part of a Planned Unit Development approved by the BOCC in March, 1990. The P.U.D. itself has no expiration; in fact it establishes certain stipulations which regulate this development well into the foreseeable future. By logical extension, any variation in building plans which would. differ from those particular design drawings for that particular site are highly unlikely. Accordingly, I am requesting that the plans which you have not be destroyed. If available space does not allow for continued storage, please return them to me and I will store them for future resubmittal. However,if your policy allows, I again herewith request ongoing extensions to the original application for the reasons stated above. _ ...._ . Sincerely, ~, hn Tucker ~ ~ "' , ~ t'- '~~~ ~ ~ 4!i { "w uT 4 ~ /~ ~? V~ ~ b ~"' w ~~ ..... 1102 Hancock Street Cosa Grande, f~rizono 85222 a: ,~ . ~~ 1 _..__ _ -~; .~ PBRSPECTIVG DRAWING LOT # 2 ASPEN •PITKIN ' - PLANNING B[ ZONING DEPARTMENT ', COMMUNITY DEVELOPMENT DEPARTMENT 2-13-95 Dear Mr. Tucker, _ Here is the letter you requested. Your permit is ready, the fees are as follows: Zoning: $972.80 due Building $2889.50 due Total $3862.30 due These can be one check. Also there's a water tap fee that is due, which is $12,481.45 which is paid to the City of Aspen. The approvals are: Joanna with zoning. Betsey with env.. health. '. Ed Van fire marshall. Neal with water dept.' If there's any more questions please give me a call, Sharon Hirman 920-5090 Community Development Dept. 134 SOUTH GALENA STREET '• ASPEN, COLORADO S16II PHONE 3O3B2O.SO9O PAX 303.92O.SS97 vMcea~2adm v+Pe~ D~RECr FAx LINE: 303.920.1439 -e. au>1 .., ., LJ.io w3rv ^,... f~ a b>..e t.v.^„°tro AS?E`I/?ITK_TV E.WIRO~^;~*_EJiTAL SEaLTFi DED3RT;?EN'P A?PLICATION CiiECXL_TST *Forms must 3e co~pleted t fees paid before building permits caa be issued. YES NO/ O D~ =5 ~. e LrZt=r SCL'?'Ce fOr t1e pr.^.]eCt prlV2te? If ]7eS, VCII CJ_11 ne°-<'. tC prCVlde prCCf frCII t.^i2 C~10raC`O D<ViS10n Cf TiVat~r RESCL'C65 t.^.at 2 W2ter SL'DD~V i5 aVa_.L''cD1e 2nd c~deCZlat2. O ~ Does th .S pro] eCt reCL:_r e th 2 1.^.SLd~? dtZOn OL aIl :adiv_duzl ea:rzge dis_csa_ s_stea cr modif_cation of to existi_nc system? if bes, contact Environmental realt to cbtain a guidelines pzc?tat and fi?1 out zn zppLcaticr_. There i s a $_50 fee for the septic - permit. ~h_s p_ccedure can t~ce score'time. "o ~ Dces n he nrc~ ect invcl<re z builc__^:c w:t_h ar. incivic3ua? se~ozce caccsa? system and t e zdditior. ci znv bedrooms? .f 're5~. F":V'_= rac_^.ta~. F'~a~t:~ nn°CS t.^. Ciet2~iie t~SE.. . aCeCL:aC_r Cf the eS iSt=_^_C~ SeptiC S'75t~3. - O~ ~O DC2~.-tom S prC]EC~ ._^.VC_~lec:~+ r°TV __Ep1aCe5 (e?ther ~c.. ' .vC Gb L'rZ nC, Cd5 Cr CrCCdS.. Vey) ~ VeS, VCL' ~1L'St f?I14-G/~~ C L't 2 _* `er1dC°dCD~C~ti^~" T1° ° 15 a$c7 fe°_. ~ -7 O ~~~Tn __: L.^.Ere be 2^.V C: a~.C?S II2^e t eY_St "IC .r eplaC2s Or /~~ -c~ ~nCCC<<-..CVES? _f VES, '.Vir^P"°'ltd G°21 t_7 Td__1 need t0 j cep= amine if z cert_c is r=~-t:_red. O O~ DCES tE prC]eCt 1nVC~°Ie a restcli_dnt (Cr an~j DCrtiOn Of a s zu__ ~) , c ~__ rc kic...._.., or z grcc _~ swore. If yes, whet_`~er it in vci-res a rew establshme.^. or a remcdeZ, Envircrmenta? Lealth *'s recuired to complete a D1an reV1e'd Of t1e esta~lishment. 3"fee Oi $75 may be a ~a/ ?__ t e property cr. t E sunerfnnd site? If yes, an zdditicral fcra will hzv=_'to be fill=_d out. It is zvzilable fron the Euildinc DecartIIeat.' *COntaCt Envirc rmental i:ealth if yCL a.^.S:JereG=. ~~ye5'~ t0. a^.V tI21.nC1'~ On the chec:<' ~ zt_92~-5070. ~~ luC~~Z~-L APPLICANT-T~,,,lnl®aIJ~~~q,iyo£1v+S' ~'~ DnT.Y ~~~~S/~6F ADDRESS OF PROJECT ~~ Ls77G~~ CG-a'u.p ~~C/~- Z BliILDING ? °_?~?.T ~ 2- ZS - ~4-~9~ - fEB 8 1993 #348646 09/16/92 10:03 Rec $.00 HK 888 PG 782 ~., ',Silvia Davis, Pitkin Cnty Clerk, Doc $ 00 t~tbltA- ~'• ~a CLAtL171O4 nF IlttTt l.7itt Cltt'F.NANTS ~', Leggy A~, p«_,. RLPTLOtI IaR. .~uP6t~ `Ntt'\Tnl`t NAKCII •~-]- /y~ A part ~ of land `aetng ~~~} 1 f"-~~~ `." ,Tort d! Lot 5, Seecion 29; ~ v7 ~'Psrc ~! Lets ]:and ». Scccton 29; Lots 4 and S, and t"e South ant-half of the Southeast one-quartet ni tSeer.on 72; Lots 1. 2, ], 4, 5. and b,.anC the :outheasc one-quarter of [tie :rortheasc one-quart :nC the Fssc one-hal-` o[ :he Sov:heasc one-quarter, the Southvesc one-gvsr:er of the Soucneasc one-quarter, anC the Sovch one-ha if of the'Sevthuest one-quarter of 5ect:on ]7: Lots 2 one J, and the Northeast one-quarter of the ttorcheasc_qne-quarter. and the South one-halt ofche Northeast one-quarter, and the Sovchane-half of the Yccchves one-quarter, and the Southvesc one-quarter and che5ouchesscone-quarto; of Section 34; 7raecs 75, 76, 77, 78, 79 and 87 all to Township 8 South, Aangefl7 vest oE.the 6th P. N., described as follows: tt • BECLNNLNC ac a porn; being the South oc+e-quarter corner of saiC Seecion 72; .thence 9orch E9' S%'»6" East 2560.]0 foecalong the South line of saadSetcion.].2. co the Southvesc coTncr o.` sal: Sacclor, 31: thence South 99' Sl' ]•" Essc 5272.72`cetalang thu Suuch line of surd Sectlgn 3] to Cl+e Southvesc corner of ia1~• Secf:na J»; 't thence South 94' S»' ]~° Easc 5266.50 fr.t along dre South line of said Section 34 to the Southeast corner of said Seectan J»; [hence Nerc!i 00' 00' 23" vest 5273.0] fecc along the Eaat Llne of aald Sceclon 74 co cht Northeast earner of saki See:lon ]4;- chanee North 89' S9' ]2" vest :316 .tSC feet along the !forth line of said Seecion ]4 to cne Northwest corner of the :•occl+casc one-Cua trot of chc Northeast ono-Rua-t tot of said Sec:lon ]»; thence Suuch 0C' 0C' ]2" :asc l]I8.2fl feet aloe; the vest line of :aid Ngrchessc one-qur:er ac crq `tcrthcasc one-nvarter of Sectlen ]4 to a potnco^ t;he Xotth line `.,•3of cne Sov:R on-hat! of :he `+orcne one-q uar:e r"'bfSec aon ]4; J cnence 9orch °-9' r°' a." ~ce_ 1716.75 tee[ along said Horch :Sre ca cfis Southeast eorrer o: said Loc 2, Seecion ]»; cnence Notc`t CO' CC' 37" vac: 72».67 Lett along chc East line of soSC Lo,e 2 ca a ,. point an line ]-4 of said Tract i5; thence :outs 81' ]S' 00" Ease 17.00 feet"to Ankle Point 4 of said Tract 7S; thence North !]27.'2 !eet to An};te Po lttt 5 0[ said Tract 75; hence South 89' 2'7' n.0'~ Wes: 1717.22 feet :e Angle Pointb of saldTraet 73; tnence North 00' 13' 07" weir :'.:2.1J fee: !o l.rtgle Point of sa;G 'tact 75; cnence Sou :!+ 89' »7' ]7" Vast '7:5.76 toot co Angle Pa1nt2 oY sold Traci 75; t he nee South 87' S%' 7?'~ .csc :5;5.7» fret to Angle Point I of 5310 Trac; :G. thence Sovch •1' 1fl'. 0t!" vas[ 1:G 3.1: foci co An;1e Pa.nc7 0.` said Trac 7b; cnence North 85' 'l' :0" -esc :J'0.7] fcec co. Angle .°oinc 4 of sa•CTru t 75; the nea North ES' S»' OC" -~st :]47.52 feet 1o Angle 7o:nc 2 of s: :d '. rcc , ChaneeSeu :h 0' 20' 00" vas ti 997.92 !eet ca.Ln glr Po1nc :'of sa:C Trac. 78: thence North 81' C9' 00" vrst :]70.16 feet to :d,~le Point of satC.Trac: 78; [hoots Sevth 0' 07' Esla759.51 fret a:q~gtnet-] of said Tr3t: 78; thanes Nerch 79' 26' 4:" .asc 202.68 !etc: thence Sev:h ~5' 1S' 4. '.ast ]07.72 feet; .thence South '2' »2' ]]' I:+t ]:7-. J5 !cc.; ' t hrnee Seu:n EO' 4P' »5" vea•5'7.a7 !ect:, the nee South SS' 7i' t.• ' .:^s c :'.» ;7 fc:c. thence veac 11:.0C 'ea'; Urance Notch Sl' :]' S»" '=a+t 27».54' feu[; thence South 87' 27' 77" ~l-stl:1.^: !cot: thonet Nor Ch 55~ Sl' 2i" vest 2: ^..2~: feet; ~c onttnvcC or nc xt DaEr1 ~~ F E B 8 1595 t ~I I r~ i~ I. '` ~, I i 1.. ~~ I ii .:. I i '' C ~t t I ; :a ,5~ I . ~' '. I r~ ~n 't: 1 ( :; F . (~' +.r. !~• ' ~:1 e tf ,! , ~. , (~ ;~~ ~• .... _,~, ,..„ o .~.,.......~ ~ _. ....~~ ._,~ ~ .,<e... o ~~ #345646 09/16/92 10:03 Rec 3.00 HK 6b8`P6 T83 •~, j Silvia Davis, Pitkin Cnty C1erk~ Doc 3.00 °• • ~ `~ '' I; ", . ' " _._r. ~ ~ x~- 4.37 i~'~ r., ,~ .~ ,, ~ (continued) ~' ~ 4~ thence Nerch 73' 13' 27" West 714.00 Caec; 05 Ceac !o a point b~tn8 the ineerseetion of 761 ' " ~~ ~ .~ . . West O1 •chenee SoucR 31' 47 d the Notch-South ecacprlln. of said Seeeion 29; . . line 1-2 eL said inec 79 an 11 feecco 0nsle Paint 2 oC said Tract 79; 24 " ` ' ~ . aesc 00 chenee Morch S9' 13 40 Ceec co Mgie Paint 1 0l said Tract 79; 1]46 " ' o . Wast 00 chenee Seueh 0' 02 co Anela Point 4 of said Tract 79: chenee Seueh 2640.00 feee 86 Ceec co the Wesc line e! cha Sovch ore-hall 18 ' . . East 13 chenee South 89 7 o S . ~ The Point oC 8E81nnin;. o! the Soueheast one-44ar to Ceet 1434=67 ' pssc ] chenee South 00' OS i ' Pic4ln"Counc7, Colorado. • " ~~ ,.a y ~. " E -~~ ~ ". . ~ ,~ `; iJ ~ ~ ~ "~ ~ :~ . I ~;. :~~ i t ij ~. . ~~ i :' .. " ~. f " .~ ~ .~ ' ~ FEB$ X995 ." I~, ~.~ : , `; ~~Z ~ .. .},' ~ ~ ;. R : \ { ~; ' ~!~ ~' , ~ ' ~, tr i i i ''' LL .. ~_, ~. ~ ~.,w,, _., i January 17, 1996 __ r i J n Tucker 1102 ncoc St Casa Grande AZ 85222 Re: Building Per #4-692, 0049 Little Cloud Trail Dated October 28, 1994 Dear Mr. Tucker: This letter is to inform you that the above-referenced building permit. application has expired. The plan check for a permit application has an expiration date of 180 days after submission. The expiration date for this permit was April 28, 1995. You did request and receive an application extension; however, the extension was good only till October 31, 1995. The permit has been voided and the plans will be destroyed if we do not hear from you by February 2, 1996. Thank you for your attention to this matter. Sincerely, ~~~/ ~~ a-/ ~~/~' .. ~, Vicki Monge Permit Technician March 8, 1994 AsPeN•PtZxtN PLdNNING 8c ZONING DEP AftiYtENT Mr. John Tucker 1102 Hancock Street Casa Grande, AZ 85222 ~ ' re: Lot 2, Little Cloud Subdivision; Permit 2-25 Dear Mr. Tucker, You were informed by phone and by letter on January 20, 1994 .that unless the Zoning Office received a certified. survey of the pre-' existing grade of Lot 2, your building permit application for Lot, 2 could not be approved. You were also informed that the permit, would expire on February 6, 1994, if the requested information was, not received. To date, I have not received a registered survey as requested.' Your permit expired on February 6, 1994 and has been returned to the Building Department. unlesslthe appl t onocont insc the required cert fiedlDepVeyment If you have any questions, please do not hesitate. to contact me at, (303) 920-5090. Sincerely, ~~~~.~.~ ~anna S'. Schaffner • County Zoning Officer cc: Tim Whitsitt, County Attorney Gary Lyman, Chief Building Official 130 Sourx Gn~eN,~ SrxeEr AsreN, Co~oxaoo 81611 FxoNE 303.9205090 Fnx 303.920.5197 ~ PrcWmm~~dM paper sv. ., e, .... , e ~_. ri.~ .1 'u..., n, ., I <..,va. A9 .. ~~ '. 1 iNU100D HOMES, INC. (G02) 836-7531 ~~.ONUJOO~ GARDENS ~EVEIOPMENT COR('. .. ~ , ;; ~~ t ~~ January 10, 1992 Gary Lyman, Chief Building Department CITY OF ASPEN 130 South Galena Street Aspen, Colorado 81611 Dear Sir: In 1989, two full sets of drawingsa me t fornPlan Reviews n~he n'atme olf JohP R. Tuckerg201hWest in the amount of $1,683.18 as p y Cooper. The submittal was placed "on hold" by the Planning Department, pending final approval of the P.U.D., which was simultaneously in process at that time. The P.U.D. was subsequently finalized, but the review of the house plans was never completed, to the best of my knowledge. I am advised by building department personnel that a permit #593 was assigned, and the file marked 'void". Herewith are submitted a ain two complete sets of drawin s for the same house, now desi nat ed House #2, Little Cloud P U.D., as well as two complete onin ofeerin the amoUntuof $2 0 8't18, basud P.U.D. Also enclosed is my check for plan review and z g on 6,000 square feet and $600,000 valuation of construction costs for House.#1. It is my e ev ewtwastneveh comp etect 2nd Ip h~uldino9be do~>h~ charged sincetheirdecisionrto pl ce the p io "on hold" was protested by me. You may verify these circumstances with Wayne Ethrid e, w o was Planner for the project. Jim Benson, Benson Design and Construction, is hereby authorized to submit drawings and fees on my behalf for this review. I" pP~. R SincerelG~~" n R. Tucker, III President 1102 Hancock Street Cosa Grande, Arizona 85222 E' %e... \t _, June 20, James T. Braselton, Esq. Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012-2705 Re: Dear Mr. Braselton: i P„t.kn Cou'inty ~r,~,,.- ~~-~ r ~, ~`~ ~;<~ae"a ,~ ,e. ~~ I am in receipt of your correspondence. of June 6 in this matter requesting a reconsideration of the ..determination that. the referenced matter raised on behalf of your clients John Tucker and Cottonwood Gardens was not within. the jurisdiction of the. Board of Appeals for review. For the reasons cited herein, that decision will not be reconsidered. The language which you cite concerning the jurisdiction of the Board of Adjustment clearly refers to such actions,'"...made in the .enforcement of zone district regulations.." The decision of the.. Chief Building Official as to how to process proposed amendments to building permit applications (which is what your clients request constituted) simply has nothing to do with the enforcement of a zone district regulation. It is thus without any question outside the jurisdiction of the Board of Adjustment. Extensions to the relevant periods required for the effectiveness of Building Permits and procedural requirements for permit applications and amendments thereto are matters governed by the Uniform Building Code as it has been adopted by Pitkin County and also have nothing whatsoever to do with zone district regulations. Again, the Board of Adjustment. has no jurisdiction. I must take exception to your characterization of the requirements of County Staff in this _action as "arbitrary, unreasonable, unrealistic and unbending." To the ..contrary, staff has.. spent uncounted hours with you and your clients over the course of the past years attempting to work out the prpblems which your clients perceive to exist in our system and the approvals which they have received from the county. It is incomprehensible that you could make such allegations, particularly in light of "the fact that our joint efforts have resulted. in the issuance of a btldng pertnit to your clients as to Lot 1, which is the subject of your request. Given that the Board has heard and denied your client's appeal as to Lot 2 in the same subdivision concerning the issue of the Administration ` County Comndssioners County Attorney Personnel and'Finance Transportation ~ 530 E. Main, 3b Floor Suite 8 Suite 1 ' 'Suite F ~ ~ - ~ `F"acititfe's Aspen, CO 81611 506 E. Main Street 530 E. Main Street 530 E. Main Street ~ 76 Service Center Road ' (303) 920-5200 ` Aspen, CO 67611 Aspen, CO 87611 . Aspen, CO'8161 i - Aspen, CO 81611 ' FAX 920-5198. (303) 9205150 ....(303) 920.5190 (303} 920-5220 ..'" _ ._.... . (303)920.5390 printed on recycled paper page 2 James T. Braselton .June 20, 1994 verification of the site elevations, this point as to Lot 1 is now rendered completely moot. I will not. devote further .time in this.. correspondence addressing this point. Finally, I need to correct two further misrepresentations.included,.,.. within your referenced correspondence. You continue to refer to the requirement that your clients pay some $Y7,OOO.OO in building permit fees in order that a permit issue. That statement is erroneous. In fact, your client paid $13,701.97 in water tag fees to the City of Aspen Water Department (pursuant to a'specific requirement of its approval from the County), plus some $3,000.00 in building permit fees to the County Building Department before the requested permit would issue. Since those fees.. were.. paid and the permit has already issued,. it is difficult-to understand what. problem remains. If your insinuation is that your client was in some way extorted into following our requirements .through the imposition of exorbitant fees, 2 must strongly disagree. Lastly, you assert that your client just want to "avail himself of the administrative remedies available to other citizens." I must state that he has had all of those remedies and more. What he insists upon is the creation of new remedies beyond those granted to all other citizens. This we will not do. truly yours, L ~ G~~~ i th E. Whitsitt it 'n ounty Attorney TEW/jch cc: Gary Lyman, Chief Building Official Joanna Schaffner, Zoning Enforcement Officer tew94.jb6.20 4 CikiVULVUwvnj. 605 East Main Street, Suite 12 Aspen, Colorado 81611 -(303) 920-1202 _. December 29, 1989 Cindy Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Little Cloud Subdivision and.P.U.D/201 West Cooper Street Dear Ms. Houben: Attached hereto for your review is our Detailed Submission for the Little Cloud subdivision (formerly the 201 West Cooper Submission) and check for application fees. This application is a request for approval of the.. preliminary plat for four residential dots in accordance with the general submission approval given the property. The documents are organized so that conditions, placed on the Geheral Submission and 1041 special review are dealt with in the order they appeared in t)ie'iesolution approving. the general sub- mission. The P.U.D. requirements and preliminary plat require- ments are addressed in the body of the Submission. On behalf of the applicants, I wish to thank you for your cooperation during the General Submission and conceptual P.U.D.. ,.. phases of this application. I look forward to a'successful review of the preliminary plat and P.U.b. applications. Sf you have. any: questions, please do not hesitate to contact me. Sincerely, ~~~~~ Wayn~'Ethridge . WE:A2Z Attachments - 2 - _ ~ ~.. ~.,_ . r,~ ,.: , s: ~.,_„~ . .. , ., „..r~ a,:.a.:.4.... _.., , .. I ...,.:...~~ November 10, 1989 -_ _.._.. Aspen-Pitkin County.Blanning Office Aspen, Colorado bear sirs: This letter authorizes, Mr. Gary Wright tc act in behalf of John 'Tucker and Cottonwood Gardens Development Corporation, as joint; applicants, in matters relating to the:.PUD 'review and processing for the Pitkin County land parcel"s known ;as Little Cloud' Subdivision. Should any questions arise, you may contact Mr. Wright at: ~. (303) 925-9625 1102 Hancock Street . Casa Grande, Arizona 85222 l ~~~~"°" ti. h JUL 06 '92 19 38 CREATIVE BUSINESS SERVTCE`5~,~~ ~ I Jab No. 4 181 89 ', TAB[[,E I sumaary of Chemical Test Results Iedd Cantamfx~ation Sa~lQ Soil Total i~ad motion Rtoe Lead !weal ~~cfty Arct/11 pit 1 at 0.5-1' mine waste 354 Pit i at 4-4.5 mine waste 180 0.40 Pit 1 at 6-6.5' mine waste 63 -- SUL ~06 '92 10.37 CREATIVE BUSINESS SERG~lCES ' ~-- r _.~~ ~. ,, .. • c Chen~Northern,iric. a ~ ~ P.2/S i4~ ConsumnO Errgineem ens 5cientieN. 3060 Rhea t5a GienWOOa SpnnOe, Caorae061601 309 Rd5~74L8 303 9452363 Fua~mnc Octabex 31, 1990 CottCGxi7ood Gardens, SY1C. '. Attn: Jahn TucJcer 1102 FlarYSOC]t StiCeet Casa AZ 85222 Subject: Etraluation of Mine Waste ~ntA*+;*utaon, It3t 2, Cott~xirwluod C~dens, ~~ Colozado. Job No. 4 181 89 Gentlemen: As reque,ted, Cl~en~otttiern, 7s~c. obtained samples of thie existing mine waste on Iot 2 and suYanitted those samples for laboratory testing to evaluate the motion levels, We previously conducted a_geotech2sical engineering study for development at m" ~ ~' ~ Sites 1, 3 and 4 a~ a~)xnitted our Pindr~gs on June 13, 1989 and August 11, 1989, Job No. 4 181.89, Iot 2 is in similar ao;r73tion to that during our wes3c in ]989. 'II3e P access xnad to the lot has rat been corstxucted and we could nat. obtain access with the bacldyoe to the tap of the-pile. One backhoe pit was excavated near the toe of the slope at fine approximate location shpwri on f'ig. 1 Cn OctcB.ier 4, 1990. ~ Tha mine waste was er~mteznd to the maxiiaun pit depth of 9 feet. Samples obtainedfran the pit wiere analyzed for total lead content and EP toxicity testing which irrz7.ud~es sevetzsl. heavy... metals. results of the laboratory testing are presented in Tables T anti zi 7.he lead contamination measured on the samples. taken fresn the site itx3icates relatively' low lead ccestent and heavy metal tenacity. F&z~ier, 3t has beefs our experience that the mine_ta.lirgs in this area `often have'a high. lead oo¢~tent and a ecvstamiriation hazard shcsu].d be mitigated by ayverrrg the tailings with niom~ntdmirsated mdtsrial or burying them on-site. Zlse tailings ax+e man7.y classified as a gravelly soil acid they sari probably be satisfactorily compacted. The tailings should riot he used as fill material beneath other buildings in the project. Soil cover depth of 1 to 2 feet is generally adaquat~ to contain the mine tailings depending on the final slope and erosion potential. ZY~e final graded surface should be pmtecEed against erosiaa~ by revegetation or other means.. We reo~xld a aiv11 engineer design the rradirg of the mina waste pile and sail cover. A memner nit IhL'®grarpol COrtgwnies JUL 06 '92 1037 CREfiTIVE`HUSINESS SERVICES _ P.3/5 ~ ~~ COtY.OS1GTOOd Gil~YY3EtLS, IIIL'. aCkab¢r 31, 1990.... ~4s 2 If you haveanY questions regazding the infarnoatian provided or ].f we ran be of further`BSSistar~Ce, please let us 1nYxa. g;,,,.e,-Aip, ~7-~I, INC. ~~ ~ ~~~~v Steven T.. Pawlak, P.E. 5LP/ec Attadm>etlts ~• . ~+ ~m~accTSC x~s-r ~sgias Pit 1 at 0.5-1 ~+~~*~~ Sat~le aoa'~oerytrdtion levels (mcl/1) (mg/1) Arsenic (AS) 0.051 5.0 Saritan (Ba) 0.58 100.0 CadmitIIn (Cd) 0.096 1.0 Chraanium (Gr) 0.082 5.0 T.es~d (Pb) 0.40 5.0 rfercuxy (x~) o.oo~ o.a seler~iamt (se) o. o0 1. o silver (ag) 0.026 5.0 .ry: ',y.:.... .. .. . ~~~~. ..® i!r wa`w~'~~~°`'G'~`~'a ~`~b' :~'~"'~^'~ - ~~~t _ - _ ~ ~ ~' DETAILED SUBMISSION FOR TAE LITTLE CLOUD SUBDIVISION 201 W: Cooper Street- `Aspen, CO t '; :.,; ,~a. ~ .~ ,, `S, a WY CYfi'yC4 \ 1 ' ~` '~ ~ 1 a ~ i a a s ~ ! 'x ~ 1 ~F ~~ ~ P. yk w P , j ~ 1 1 f Y k y~@(~}~- ~ ~ ~ '1`/r ~ ~ s ~ ~ ~ . r F _. ~. W T'iLV I wra ~pK W ~ i r f i '^ . S ` °... . ~ J ~ 9 fo~pp ' ' ~~Q yh NFY:~ ~ ~ A i L ry Y ' ., << ., ' , ~ , , .. a~~~ ~AB ~~ ~ j ^r ~ ~ t t ~g A ~ ¢yy~~~ } , .. ~ ! ~I 9 0 . y7 , ~' , .: t ... .. ., . ry 1 . t 1 / j !L ~. .?~ '1 ~ I' ~ I e ~ ~ , 4 ~ i ! ~ .... ~ ..,. ~X ~... ~ ,. ' ""'' Submitted by Groundwork < 605``E. Main St. Suite l2 `. .. _~, .. Aspen, Colorado 81611 '`'' (303) 920-1202 ~ .t ~~, ' e..,. . uy r ~ ~. ~ ,'s ., ~ - , 1 , S: .,sS ..... .... : ~' . .r.^: ~` . .': ., r~ ..,. .... . _,:: :v, vd _.l I i . .. t Y •~' ...'- ,a ~. . - n . . ~,~.~..; ' 4. INTRODUCTION Mr. John Tucker and the Cottonwood Gardens Coreroaol~s,hUpper jointly filed a request for development of the Copp P Sibley, Mollie G. and Lower 'Sibley tracts, now known as Little Cloud Subdivision. While each tract could be developed as a single-family homesite by right, the Planned Unitl~can£spinnorder approach has been. voluntarily employed by the app to produce a better site design, minimize roadway construction and to eliminate construction above the 8,000 foot elevation line. .The P.U.D. concept allows the .siting of four homes on the flatter portions o.f the property, reduces visual impact and creates a more logical relationship between the homesites The existing and extensive indigenous landscaping will reduce any`" visual impact on the adjacent neighborhood. As'indicated by the landscape plan included with the Submission, new indigenous land- scaping will be provided to further reduce visual impact and to .complement existing vegetation. The enhanced landscaping will provide amore pleasant experience for individuals using the trails offered for dedication.. by the applicants..' - Particular attention has been given to the ,architectural design and landscape design adjacent to the residences"to assure .. .,, w~ harmony with the neighborhood and,tpe mountain environment. Roof structures are multi-faceted to reduce their apparent mass and height and have, been designed to hold snow to allow blending with the"winter 'environment'.,~Furthermore, the"color-'.and texture of the `roof maEerial have been deed>`restricted to ensure harmony with the' • ,;summer environment. The domnant`,'feature'of exterior, wal3s will ...consist of native stone, masonry, and a balance of wood and glass. "' As `evidenced by'the drawings submitted for the"..lots, long, °' vV• '. ;;unbroken~aXpanses of-exterior wall ;;have been'~avoided,~:and the `homes"'are? designed to'?:reflect~ their surrounding"s"`'~rathes"than; make an architectural statement. ;4, •' ,• Although the~„county"s~R-15~zoning category allows rela£ively large .homes and there:is no limitlicantsnhave voluntarilyncnosen AF-1 portion of the site, the app to'`limit the_proposed'homes to maximum of 6;000 square feet~he. - Existing`terrain has ;been used whenever possible to step. homes into slopes to reduceeappaYent mass and height,'and to ``minimize"loss of vegetation on the site. In recognition of the shortage of comfortable and affordable employee housing,-the applicants have requested caretaker units in j _each unit. The caretaker units will be deed restricted to oomply with rental guidelines established by the Aspen/Pitkin County Housing Authority. - 3 - RESPONSE TO CONDITIONS PLACED ON GENERAL SUBMISSION ~ApPFtOVAL (l.a.) Submit a letter from the Aspen Consolidated Sanitation District committing to sewer .service. Response: Attached as Exhibit #1 is a letter from the Aspe'ri"Consolidated Sanitation District accepting the property for'sewer service: (l.b.) Contact the Fire Marshall and design the road/driveway in' accordance with his `requirements: ' Response: Wayne Vandemark, Fire. Marshall, has indicated <his approval of the.subdivisioh design andrelaredrtoecting system proposed.. by the applicant, and is p p comment further when the detailed submission is referred to him. Each home will contain'a residential sprihkler system, at Mr. Vandemark's request. (l.c.) Submit a letter from the-City of Aspen committing to water service. Response: Attached as Exhibit p2 is a letter from the City of Aspen accepting the property for water service.. (l.d.) ,Research the possibility of relocatinTesentMadproposal to right-of-way trail to the north and p accomplish the trail relocation. ~~ i r > ~ , ~ ,~ ~, :Response ,af~;Relocaton'of'`'portions of. £he.t4idland. Railroad . ~' '~~e~" ~~ ,.''berm .have"been~indicated on `the`'"Grading"arid'rSite Develop- ~: ; ~` 'ment"Plan`as'well`as'a`"proposal`"to accomplish the. Nordic • ent to!the North of the relocated berm.• Trail`alignm ~, . ; .. w ., . , .. i = ~ ~ "~ ("l.e.) ~Research~the'possibility'of constructing a grade separate `d ~ °_trail'`and present a proposal for the trail ,crossing. - _ Response:. conceptual"des"ign for a grade"sepaiation ,. between the trail and'the access roadway has been _, indicated, on"the Grading and Site Development Plan. '-(l.f.) Submit elevation drawings of the road and driveways. .... Response: As requested, the detailed drawings for the road are attached hereto as sheets 4 through S. I . _. - 4"- rv~. , w. _a-.- ~~~r ,. ?tfl~. b, n , ~. en, ,-.. , rx~roeaa -... .~ xr~ *?au +. msim +a~m ~*ilv„ ? ,R5a?,'2'' ..- . ~~ ` (l.g.) The applicants shall submit design parameters for the limitations on massing, lud e homesites. This, shall inc _~ ~„~ . height and `use of~mate`riahs. "No'home is f walls h , o lengt to exceed 6,000 square feet including the Employee Dwelling. Units. Responses Zn addition to information proroducedncomplete' ts have p a i n c General Submission, the appl and design development drawings t t wo e drawings for homesi Homesites have been limited to a maximum of one r sit . e fo t in our prdpos°ed'covenants,-attached fe e 6,000 square to as Exhibit #3. No variance is requested from h ere °building height limitations imposed by Pitkin County; ih d s an addition, the covenants address building material and length i nassing height requirements. The elements of, ddressed through the drawing's"submitted with of walls are a this application, by 'deed restrictions, and the highly - 'restrictive building envelopes indicated on the plat. (l.h.) Submit detailed engineering drawings of the road/driveway. Response: Detailed engineering drawings are submitted by d 8 . Schmueser, Gordon,~Meyer as Sheets, 4, 5, 7 an (l..) Submit a more detailed geologic analysis of potential water seepage or slide. potential. i Res~on_se: As'requested, the attached letter `from Dr'. otential hazards the p 'Lampiris (Exhibit #4) addresses ith`development of"the site. Further investi-i d w associate gation by Dr..Lampiris lea to his conclusion ,that seepage- "conse'quently, hd nt id , a e `from, he Alabama tunnel was not ev `~Small_snow=;s~.ides'~which ;occurred'°1n ~ '~ ~ ~~ a little~^concern ~, ~ e + of ~. a ~~'' `: ` the`spring'of~1989~had no effect"on the proposed~building site. (2) -The applicant shall,,submit a fugitive. dust. plan prior to .~~,~. _. ; the issuanceof a Building Permit." i v ; .. ... ~ . . , ~submiE a fugitive dust plan in accord-~ Applicants agree toy "~ en/Pitkim Environmental " As d b p y. ance with standards adopte issuance of a building permit. t ri o or Health, Department p (3) .. All material representations in the application shall be adhered to. ~ ` Response: All material representations have been and wi l be adhered to. 5 _., ..< (4) ____,__ The development shall comply with the recommendations made by Nick Lampiris and Dean_Gordon contained within the i application. Response: Applicants agree to comply with recommendations made by Nick Lampris and Dean Gordon. (5) ..The applicants shall stake the building envelopes at Detailed Submission representing the perimeter of the envelopes and the proposed height of the structures.' Response: Although. at the General Submission stage the center of each envelope was marked with a balloon tethered at a height of 28 feet, the. applicants will stake the perimeters of the building envelopes, and will., again indi- cate building,.heights if requested to do so. (6) The Detailed Submission review of the application should include an evaluation showing the design ,parameters of the application based upon the City'of Aspen s 8040 Greenline criteria. The applicant shall present.information regard- _ ing building heights and footprints at Detailed Submis- sion. Response: 8040 Greenline Review Standards: ..Although .the , Zittle Cloud'Subdivison is subject to the jurisdiction of Pitkin County; the 5040 Greenline Review Standards .have been considered is the development of the site, engineer- ;; .- ing`and architectural plans. ,Specifically, the-sites have -been found to be geologically: suitable for development, ` with no evidehce ofsoil problems As',required`by County, \ ri, S~,;Codes,~~tithere~:wL1L~,be`no increases in runoff from the site ~' ~ •^ '`~` ;:'beyond`_-historical~'leyels;'and there will.-be adverse' effect "' on' the `watershed.''` As .evidence of the.. applicants'- concern •for'-the``Aspen;°airshed, no-woodburning~fireplaces will be` ` installed in any°`of'the`proposed residences or caretaker .. units.- ~ s ~.. M 5~~ The applicants`voluhtarily submitted to the P.U.D. process to!take-advantage'of the''natural terrain, rather than , build on each;individual parcel regardless ,of terrain. "The~design,of the road was chosen to minimize grading and, .., .~ w ~...~.a .,. cutslopes. -As indicated by the engineering drawing, the road is designed. with. rock-faced retaining walls. .This expensive construction technique was chosen to avoid cut. and fill slopes wherever possible and to minimize distur- bance of the existing vegetation on ..the site. The nordic trail is proposed to be relocated to the north of its present alignment 'to allow for better"snow holding characteristics and to provide a more-.interesting trail "experience ~. ~ ~ ~ ~ - 6 - . ,, The clustering of the homesites has reduced the need for on-site grading, has dramatically reduced the length of .roadway necessary to serve the homesites, and has limited development o the area below the 8000 foot elevation line. As previously indicated,_several design techniques have. been employed to assure harmony with the adjacent mown- tainside. "The roof of each home is designed to hold snow to allow the home 'to blend with the winter :environment. "Native stone will be used which; if n`ot from oh site, will be of a color and texture that is consistent with the rock outcroppings on`Shadow bountain.' The voluntary limitation on home .size assures ,a limitation on visual impact. . .,,. ~.,..,_.. ....aF ~ , ,.... , The proposed road ,system meets or exceeds Pitkin County criteria for design, road grade and surface treatment. The short. private, roadway section proposed for the Little Cloud Subdivision connects directly to Cooper Street, assuring ease of access for residents of the subdivision, their guests, and for emergency vehicles and private ,,~ maintenance equipment. In addition to provisions for'the Nordic Trail, the appli- cants have commited to provide a trail for ingress and egress from the Aspen Mountain Ski Area, and a separate hiking trail for connection to the upper portion of Shadow Mountain. e Cloud Subdivision is designed to In conclusion, the Littl be a complement:to the<neighborhood and in harmony with` the City of; Aspen'"s 8040 Greenline Review ,Standards. i 14 ~ ! ~~ ~''"(7) "The Detailed ~Submission''should'be referred~to,~the Cityw'- - Planning Commission and the Shadow Mountain Neighborhood. ~i Response. ,The attached'"information is readily available " ``for distribution to the``above=mentioned entities. The , ir~ ~,~~_applicants~"will"continue~to ,cooperate with"the City and' '~~ the `neighborhood during `,the review process. ~ ~. ~ ~: .. . , , .. ` . (8) At Detailed Submission the applicant should provide a . f~ proposal `f or the 'implementation of the Shadow Mountain -' y ~ ~ ~ , .,~ . ,.. , ., ~y trails s stem consistent with the recommendations made b Al Blomquist. r Response: This condition has been previously addressed as part of .Items ( l.d. ) and (1 .e.) . 6~ ~~~;~~~,~.+. e:a'.~3Va~'Ca s , .. i - - 7 - i ..__. .. ~,.., ...,,. ..r~,.~ ,....., ~ ,:;. ~ ,,..,: .~~,..wu,~~ N~.~~~ . ," ~.::F " .._, .., a.. _ ._ _.. I SUMMARY The land nse code is intended to provide high quality, envi- rohmentally sensitive developments. The quality of the proposed development is evident,"and the extent of the applicants' efforts to limit construction related impacts has been recognized by General Submission approval: The applicants' voluntary submission to the P.U.D. process, has resulted in a far batter site and construction plan than would have been possible,had,the applicants chosen to exercise their rights to ;'apply individually for building permits on each parcel. .while the P.U.D:'process is more time consuming and expensive, the applicants feel the product it"has produced is more desirable; that it is expressive of the intent of - the. land_use code. In addition to the public benefits of enhanced landscaping and clustered development provided through the P.U.D.'process, the applicants have elected to provide public access through the pro- petty for skiing, bicycling and hiking trails.' A cross-country trail easement has been dedicated along the north property line, providing public acces"s "through the parcel. Additionally, coven- _ahts allow for~.,a hiking trail easement to be provided to allow ` access"through he upper property, and will be designed in con- junction with county and/or city staff to assur=oaeptieslfor connections to Little Cloud.Park and adjacent p p .public use. The applicants have committed to wn easement for . public access from Aspen Mountain ahrough the"property. The trail ~,will`be-°designed=in"cooperation with representatives of tkie.Aspen- Skiing Company-:and Pitkin.Cbunty to assure conformance"with the Aspen Mountain Master Plan,; and to achieve greatest access for" ,public use ~ ; '~ ~ .,,t.,~ f<•,YO~ Although;aeither:°thea~ski trailsrinor~hiking trail are~~required, ~ `"`-.. 4'=,to"be+'dedicated for:°public".,.use;~the'"applicants; have determined ` ".that .structured public access through their property is appropri- _ov ate,"particularly°"gven'the`endahgered"status"of public access ~through;othes"private property~in the~'Rgaring'Fork Valleyr•" ~. ~ .:. ~ ~ H a. ;"" -"~• the applicants is best ".. ~ The~archtectuial concept chosen.by lication. No described by"the°drawings submitted`with the ;app J attempt',has`been made 'to'make"~an`arciiitectural statement, but :, "rather to"produce homes whch`'reflect"their surrou~idings instead ' -""'of contrasting with`-the~•endironment."?Extensive "use`'of native _ materials and 'careful siting"and landscaping of each maximum ,. .. .. •~t zt.. .: ,.,•7:hr,r,rhnnd and existing environment. ~~ ..r-A J~°~ 9 0 Y9~2 P. O. Box 4859 ~~!#a~g~t'a Aspen,CO. 81612 B1V~E~~~1'0@{ 303-925-5360 9`rdD~nl/P1 °~®~ June 8, 1992 pen/Pitkin County Building Dept. 130 S. Galena St. Aspen, CO 81611 Re: Plan checking of Building Plans for LITTLE CLOUD PUD, LOT 2 (a/k/a House No. 2). Ladies & Gentlemen: I represent Wolftone Corporation, an owner of "Lot 20", which is located westerly of House No. 2. In reviewing the Plans for House No. 2 that is in your office awaiting plan check I notice. that on Blueprint Sheet 1~Io. A-9 there is no roof drain to handle the water run-off from the flat portion of the roof (apparently the area over. the garage). It appears that .only a- scupper is proposed to handle this run-off. _ House No. 2 of the Little Cloud Subdivision is only set-back three. (3) feet from the adjacent Lot 20 property line. If only a scupper is constructed the run-off would be dumped on the ground and drain the three feet down the slope onto Lot 20. Thus, .Lot 20 will be receiving un-wanted water which may cause erosion. I request that the building department require the applicant to install a roof drain which is connected to ,a ,drywell, to handle the run- off. The scupper should still be installed aE a reasonable height above the roof drain which would. become,. functional in the event the roof .. _. ~... drain becomes blocked. Should. you have any questions, please contact me at your convenience. Sin ~ r ~~ '' L le D. Reeder Y ldr se - _ _ , ,.. ,,,a >.~..~. _,..,, . b ~ ..., ..:-.~ i, ~• ~~ Y CROSS ELE~.,TRIC AS50C[ATION I NC. - 9 HIGHWAY E2 ~ (303J 9a5~5 a91 ~' p. Q DRAWER 2150 FAX: 9a5~a081 GLENWOOD SPRINGS, COLORADO 81602 July 3, 1989 Schmueser, Gordon, Meyer, Inc: Mr. Jay Hammond P. O. Box 2155 Aspen, Colorado 81612. RE: 201 West Cooper Project, Pitkin County, Colorado Dear Jay: 1 The above mentioned development is within the certificated service area of Holy Cross'Electric Association,"Inc. Holy-Cross Electric Association, Inc. has adequate resources to provide-electric poweY to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development."will be undertaken;by Holy Cross Electric Association, Inc. upon. completion of appropriate contractual"agreements. Please advise when you wish to proceed with the developmeri£ of ~ the electric system for this project.. , , INC. JAF:rjm ~= - _ P.o. aok ~~ss ~- -' SCHMUESEA GOADON MEYEA INC. Aspen, CiO~OfadO 61612 (303)925-6727 CONLULi1NC ENWNEENS_{sup June 29, 1989 Mr. 7bm Pritchard Canyon Cable TV I 0050 ventnor Avenue Aspen, CO 81611 RE: 201 west Cooper Project Pitkin County, Colorado Dear To[n: This letter is to confirm the ability of Canyon Cable TV to provide • service to the above referenced project. This project will consist of four single-family homes on a parcel south of the Aspen Townsite line between First and Second Streets as shown on the attached vicinity map. The project is in the Canyon Cable service area and has access to existing Canyon Cable facilities ,in the alley at First Street adjacent ,w.,. to the Aspen Ice Garden, and o~u3d be"served under standard system ex- tension agreements and upon payment of necessary charges by the Cwner. On behalf of the Owner, I am requesting your signature on this letter as ronfirmation of the above. Zf you would prefer to return a letter on your own letterhead in lieu of a signature hereon, please feel free to do so. The Owner is aware that such confirmation is only an indica- ; lion of the ability to ,serve the .project. . Xour prompt attention to this ,request would be appreciated. Respectfully sutmitted, ~SCF3MUESER GDRLUN MEYER, INC. ~~-- ---- lay W. Hammond, P.E. Principal -Aspen Ol:fice JWH:lec/8049 Enclosure. AC7Q~l7EIX;ED AND C(xtFIRMED: c"llllc.. L~aJU~-~---- w Date , L 1512 Grand Avenue Sufte 212 • Glenwood Springs, Colorado 81601 ~ (303) 945.1004 ~~ 5. / SCNMUESER CONOON MEYEA INC. ~ ~ .4Sp9~~ COIOfddO 616112 (3~3) 925.6727 CONSULi1NG EN ,INFERS iSURVEYORS June 28, 1989 tom. Fay Carpenter _. .__ 0.S. west CgRmunications _ P.O. Fox 2Q0 __ Glenwood Springs, CO 81602 RE: 201 West Cooper Project Pitkin County,.Colorado Dear Pay: This letter is to confirm Your previous oonversatign with Dean Gordon of our office regarding the ability of U. S. West Communications to provide service to the above referenced project. This project will consist of four single-family homes on a property south of the Pspen Townsite line between First and Second Streets as shown on,the attached 4 vicinity map.. You had indicated U.S. West had facilities available in the vicinity of the project. The project is in tFieWfJ.S. West sevice area acid„could be 1 served under .standard system extension agreements and upon ~yment of . necessary charges by the Owner. On behalf of the Owner, I am requesting your signature on this letter as wnfirmation of the above. If, you would prefer to return a letter on your own letterhead in lieu of a signature hereon, please feel free 1 ,. to cbso. ~~ 7.he Owner is~ aware that `such ~nfirmation is only an indica- tion of the ability to serve the project: Your prompt attention to this request would be appreciated. Respectfully submitted, SCF4IUES//ER GCRDCN MEYER, ILA. ~~' 7 ~c /~i~ // / SCNMUESEA GOAOON MEYER INC. /{SD@n, Ci OlOfadO 81612 ` ~ ~ ~ ° (303) 925.8727. June 27, 1989 CONSULTING ENGINEERS i SUAVEYOAS >: I Reid ~-lo-BQ Mr. 2bm Bracewell Aspen Consolidated Sanitation District -~' 565 North Mill Street Aspen, CO 81611 RE: .201 West Cooper Project Pitkin County,.Colorado ; _. _ , .. '., , Dear Tom:. This is to confirm my conversation with you earlier this month wncern- ingtheability of the Aspen Consolidatedit~ gnproject will con- vide. service to the above referenced„pro? sist offour homesites on a properY:y~located south of the Aspen Zbwn- site between First arr] Second Streets as shown on the attached vicinity ~, r I ;: map. , . You had indicated that the Assen Sanitation District had facilities in the vicinity of the project. We rated that sanitary sewerlines mold ' <be extendedfrom anexisting sewarline north of~the project boundary on the extension of` West Oooper Street between First" arid. S@a?Tx1Ye tr~5"s You indicated that the pSpen San>tation District would requ , to all manholes and lines that were to°be accepted by the District, arr,3 that the District would accept the lines°1:o"°the manholes where mnneo- tion would occur.,- Yon further indicated that the District would - ` require'.a five-foot minimian depth of wer on lines to be accepted by the District and that you would check for downstream o~n~~astin~the '-may hinder connections 'to District facilities.' The proj .Aspen O~nsolidated Santatzon xDi.strlct service area, and m ~d of t"-1`setvcd'under~standard~ system'eiitension`agreements. and-upon RzYm ~ ~: m ,~~necessarY ~charges~by~the. Owner ,, . ~ , u ,: ~ -,' `; On behalf of the Owner, I~am reeuesting your signature on this letter . ' as :confirmation' of the ;above.° If, you "ivuld prefer to return a letter ^ ''on your'bwn letterhead `in lieu of a sugnature hereon, please feel free ,.to do so. The Owner is ..aware that such o~nfi>:mation is only an indica- tion of-the ability to §erve"the project ;.. ° ,~, Your prompt attention to this request would be appreciated. ° Respectfully submittedY :. SCE?MUFSER ODRDDN MEYER, 11~1C. ACId80F7IEDGED A13~ CCNTFIRMED: ALONG WITH .ATTACHED LETTER.,.. ~. _ / v a W. Hammond, P.E. ll ' Principal.- Aspen Office '~ ~ 9 JWH:lec/8049 .. ~ cod S rin s, Colorado 81601 • (303) 945.1004 nw 9 1517 Grand Av@nue, Suite 212 Gle, _, ,w,a„ °P w., ° n_ ~„ ti.,~x ..,r~,~ ... .u ,.,. ~. .. .. - .. _. < - . i J l r. _ ~, «....... ~_.. _~ / SCNMUESEA OOAOtlN Mf June 27, 1989 Aspen, ~olu~auu dPbll (303) 925.6727 CONSVL~m1a env «•.- - -^ a ,: Mr. Jim Markalunas 0 ~~ ='I~ ~ 1~J~ City of Aspen Water Departrnent 130 South Galena Aspen, co 8t61t JUL 0 3 1989 i J RE• 201 West Cooper Project - • Pitkin County, Colorado dy~Fa i ~;~ DLi' f. _..~: _. Dear. Jim:... 'Ibis is to wnfirm my conversation ~i~th~ vide service Sto the above the ability of the Aspen Water.'Sys referenced project. 'Ibis project will consist of four single-family hemesi.tes_ on a property located south..of the Aspen 'Zbwnsite between First`arxi Second Streets;as"shown on the attached vicinity map. You had indicated that ,the City of Aspen Water"Department had facili- ties available in the vicinity of the proiect. At our meeting of June 13, 'you indicated your preference fora looping of the w teethes iten Hyman at Second Street, and Cooper at First Street throng with You i~rlicated that looping of those lines would require a 6".. loop _ a 6" lateral fort pevate use, or an 8" lateral for acceptance by' ~e City of Pspen. "You further indicated that you would like a hydrant - installed at the connection point of cooper and First which the Water Department would provide for installation by the 201 West Cooper project. You further indicatedfeasible aligrmentrna dead endcline . road to the ,project, was the only would`be acceptable, again;:'at 6" for',private`use or 8" for acceptance ,by the'City. We are awareµ that any ~nnecton to the City of~As of 'Water`-System would require main pxterision agreements and paym necessary charges by the Owner ' ~ s - ~ :- ~ ~~ '~~: 1 e, >''On~behalf of `the Owner; I~am~,requestiig°Y'cur~signature.'a'i'thisd-letter '` 'as ~nfirmation' of the.:above."'f If you wtwld prefer to ease feel free on your own letterhead in lien, of a. signature. hereon, p to` do'so. the .Owner is' aware ~ that ,such 'confirmation is only an iixli~ `cation of the ability'to serve the project r ., r your prompt attention•to,this request ,would ,be appreci.ated.F , <.:. F,espectfully, sulYnitted, , . ACKI~]OVIIEDGED AMID ~1FgtMEDt ' SCF3+lUE5ER OJRDON, MEYER, INC. ,.. -' ' W .~~~ ~ ~ ,\ ~, ~ ~ ` i , ._ ;' MaR 04 '93 1640 G2RTIVE &15I1•ESS SERVICES `J P.2/L ~ ~ . `. ~ i i~ f Nicholas Lampiris, Ph.b. , CONSVLTIHG GEOlD016Y `"ma61NGEa~SO'LL~IiNE •: , ., _. , ' .. ~, ~, '? s. ,. a.'. , - ., °.,; ,. .:..' n. &LT. C'OLOR7(DO$t662 t' - ~ WA6Tb6idD RaIWUffi) f I .,•.. ~ ,:.,. ~ March.'3, 1993 ~ ~ ... .: ` John Tucker. 1102 Hancock Street ~ ,' __ _. ' Casa Grande, Arizona. 8272 REa Little Cloud, Original Geomorphology &ite 2 • Dear Mr. Tucker: , ..~ ' At your request, I have studied the proaent topography of ahD• ' Little Cloud area, specifically site 2, the southeast corner of ~ th® p.ropo`sed home, fo see what the landform moat likely waa'likv before the mining days. At prwsent, a fallings pils~ crsatvd during the mining days, is being used as part of the platform for the home. The area of this focus, however, is very nsar but hot. .. on the tailings pile,ie. thesautheast corner bf house N2 ~ ~ ~ ~,. .. „ +, Consistent with my letter on thistopic, dated tlctob~r 26, 1992' I believe it is likely that the ground level would hays been, higher prior to mining activity in this area. , Ths rsasons for I thin assumptionaretheseo - :. ~,°: I 1. the mountainside south of the ts~te" protrudes almost to ~ I.. which were probably thepsitesdooffdebrisiflowsi inf aqu ntly ~OV~ ~' r i +'~I~ geologic time which should have rgesulted 3n a small debris-fan !h ,I°~`~I this area. 3, this ion should have mer ed with the eolluvium tt .alts 2 'f • but was probabby removed in part for the railroad bed. '. ' + 4, material in the".railroadbed appears. tp be,.derived from + ~, the old fan arevenbe original, in ~lace~material ~udglnq'from~ '. the similarity with materialatill. precont in thehillaidatuta.':~" +I. -' S. even the two protruding ridges have becncut indiCatlnp~! ~` that they probably extended even 4urther north. 1.... I there{orw conclude that, although difficult to proves beyond ~ ~, doubt, the natural undisturbed topographicprofila in thisarea~~ of Site 2 was historically higFlar than what we sae"'now probably ' I on the order of 6 to Dfeet. Ii th®ro are further quevti one: please contact me. i i Sincerely, ' I ~~ ` ``,/' +~ I i I Nicholas Lampirls~ i; Consulting'Oeologlst t =`~ ._fi .~ ., A=~ . ..... .. ..... .» ,.,, s, .. ., a.dx .,.U aw ,~«W.,. . MxsN ~ ~..~.. ,u°x~xsmn ,•~d __. ~ ;Ti f '~ d ate'" i c +~~+ '' .:~ .~, ~ ~ ~ ~ ,. ., s y" e ; Ww.b- nyo'+ k ..~ FA ff++•u . ' ~_ \ ~ ... \` ~ ~ ~ ® ,/ ..... i./ ~.... , ~.~ a Rej r~>, N O ' j~'n 4 Sn 4 a a~ 4 ~ 41q ^ ~ '` •, \\ '.. ~° a Ayeti~~ a 4 I~~~ ~*~ '~ ~ \ ~~ CSH+ ~< ~ lwr!!!M> 1 ~ - 41Iw •M ~ ~~ O ~ d 'halt y.n• ., : d ~..J~ ~' rid ., *. ,dn J ~ ~ awr aM a. ~ ~ /' ~y ' ~ 3 i 3 x w.w Z HM ~ Net all atlNtl ar roaea aN r ~ ez ! Y a 'Hallam. .A ~ namae an maw. Censtrueeen :9 ~ OMrb1 o of atnau aM reaea maY W In F r.4. s. S'~a ~f propnaa N caetatn araN. „ ., ~ ; aY +~. r y ~ '~ ~~ 7 '~ ~~ ~ 3 ry. '~ _ Aspen IYMI 4M N 2 \ I/ fr M rr M . ~ s \ i ~ w ez s r~ 'a+y j •\ ~ 4 A' XerMW ~~ •I e ~ ~wr,ry ~ t . ~; "~ / y ~ ~. s t a arr .~ y a U "trar L ,• d u ,. 3..,, l C ~ J I IrM AI L '~ ~Ilb b/•S ' L '1 L ~ Q ~41 rW y t 1 . .. u 4 U I~ 4 ~4 4 ex ~ '' ~sAen e ~~~. saes I % MOUdt~ ~ ~ .. .. ~ ~ To Twin Lakee r: I• ~ ". VICIN/T Y MAP SCHMUESER CORDON MEYER~ ING: ENG/NEERS do SURVEYORS lSfT ORMO Al£M/E, SUIfE111 CL£NW000 SPRWCS COLOR.f00 87601 (JQT) 91,5-100f, ASP?T: COLO. (JLi7J 925-6717 20/ WEST COOPER „qQ 04TE dY SCACE APPRD OWG iW ' 6049 7.3.69 RC - NONE /H / of _.. _ 4.. ~ .. .. ` .... f... 1a .r r.... .... ~' ~ `~ y y~, ~ .: ~ ~~ >~•` ~ ~W. SOT -q 2~~F -._~ o/~. 4~ 1~ ~O~j 5S /..... ~~N R CSp BC-I 1 B9>g4 ! >88a 12 \ 9 Wy W/ 4• F RCDUCER 1 r ~~ .~ ~ ~ ~ Fonnm ne ~~_ t M qeY - P~ostc I Yelloy. °~~ OFS„ C ¢tlCLS I Ll Oml ko°9son e62fi693 r0.REMENI V F_oun 9 enveloa o'nl o/ £XFbOVC AR, -~~ r EXI N g alo Survq a SpN SII C )RCf RCP/A Burea~m'num Monume I R R C W2IA" fS Wliry~NE, ~ Moo oI Server a MonuG mep I ~Wi ~ p TvF RS EO ARC fMENi Mcnum Survey RQIfCi Ep PfF 15' Uh ro k enI Cfifslea k on l'UNNVAC q'L ~~I Mu i my ~ G$-l1R' \ q- f ~~~ AMrM F~ HO.VC S~WI~I FD SI vqi iA R l( _ ACS U 83.5 5. SC'WCR. R I FRWSRy~I~ /_ /M SC 32 - 2_? I W4 ERMSERWCES INSi4[Ai~I ES NOI~MEN) OF~POI SBI( ~ ~ 6 SSC 2g$`~B1 a'6 pN pF MSEi WAI AE ~iHR AN~ i ~\ `/SET~51~/\SEW e ~=, y ~ ~ ~c ~~ w ~ 1~Ni O~ ~ ~ ~ ~ A ~~'.~ ~- I, V " 0a V' ~ ~~ ~~ ~ ~~r~ 6 `~ ~ I i 1 6 ~ ~ e ~~~ fr- A ~ ~.~ ~, f ti ~e ~~~ ~ " a- ~~ o ~ ~ _~ ~;~?. ~E ¢~ ° b~ ~ ~ - ~Z ~ Le W'l I _ ( ? LOT~~ ~~ A ~~ f ,. ~ ~ A pW~~ V ~~/ n/ ~ ~ \ \ y ~ .~ ~ A ~' BoB ~\ ~ ~~~.. `4 ~ \ A ~ No = ~ oil. p 56 ~ ge R 8 FOIShNC CI RfM,eyN RE rI SCMMUESER ~ GOPOGN ~ MEYER oo~52a®T~~~~l ~/fZD q~hhUry SNB SEPggq Mi ON)ONRU~Ea'WAiER oo' . PRIOR IO XIENIESF'ND MAIN llNf TAPS .l i~ S/ON lOCA80N 'B' ~ /6 ro - Ip• SLIVER e' ~. MM: rand.. '..... ASPfN ICE GARDEN i pifg: taISRNC -1 pIDRIZONiq~ER INFOR \ 2 EXI UR i0 N VCRh ~iON F \\ FROMNI WA FR SNF Ci0 INFORM9ilOACSp Of I \\ \B OCAiES 91' ph OF ASPfN FlFID gUIO g- RgFO \ \ 'M80 BC- WATER U~MENI, \\s\;'NI fsE1 B>b (s HOV.c DEPART MY SGM t k(~ 2D 012 SD,M >88) RMS°>898-3.1 28 '2 6 7Se>, ~eSp}S`q) IN SSW) )a91.010M 2903.8) ~~ -~'t>sBOSSO.s, -_ ~'~_ ~ °~s_~~_ ACSD DGy iP2 A ~' /Dr ~` ABaNOO <f siu SEWER WNFR ~fR C pN iAPP UIRW[S ~ $ I O R NNECbpp IO OF / _. _ ! REIOCAIEO .~ ~3I 2 f / b BC ~IS (' RfPORi _. ~ E CONS RIShNC RjAPERWCE T S E AP ~' FOVgLiOROyV pi I. i~ ~ M / Lp M~R~ ONNC ~ ~ ..II REMO 1 ~RfOUiR[D REPIAC FUR j FENC R DISTU I Ct E RB fl'ECRAIED Ery k FR R N EA ip Np BC' . , t ~0T ~ 1 SiA D 6" E Si4~p 9$k SEWfR z Q 1I, UP ~ hIIL PROF/lf ~ .- d 5~ icy ~~ :EB _. LITTLE CLOUD SUBDIVISION S ~~G G` Y 1 \\ \\v , RCNSpN M/E 6Y kG No. BOS9C £ „i sNBbn, < R,/I2~R, R~~ UTILITY P~^m fi,: aic ~ -Ron m-o2-a ~X oom: 4/25/03 ~ ZQ~6 :NI R2nRrr.~ afi PLAN OC ~~ of P BO1C R" UNTY BUILDING DEPARTMENT