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HomeMy WebLinkAboutpitkin.planning.264310201006DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATIONS: Chaparral Homesteads 5 and 6 ZONING: RS-20 OWNER: David and Anne Crossland (5) St. Clair Company LLC (6) REPRESENTATIVES: Anne Marie Mcphee DATE: January 17, 2007 Type of Application: Subdivision Exemption for a Minor Plat Amendment PID #'s: 2643-102-01-005 2643-102-01-006 EMAIL and PHONE: amm(a,okalaw.com 902.1700 PLANNER: Mike Kraemer, 920.5482 Description of Project/Development: The Applicant is seeking approval to alter an easement for Homestead 5 and 6 in Chaparral. Because the recorded access easement traverses Homesteads 4 and 5 proof of ownership and/or owners consent of both lots will be required to process this application. Land Use Code Sections to be addressed in letter of reauest (apnlication): Sec. 2-30-20(g)(5): Subdivision Exemption For Minor Plat Amendments Staff wilt refer the application to the following agencies: Chaparral HOA and Planning Engineer. .Review by: Community Development Director Public Hearing: No. FEES: $1,155 (make check payable to "Pitkin County Treasurer") ^ Planning Office flat fee: $693 (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.2 hours, the Applicant will be charged for additional time above 3 hours at a rate of $231/hour) o Planning Engineer: $462 To apply, submit 3 conies of the following information, unless noted otherwise: 1. Summary letter explaining in detail the request, providing background on prior approvals and permits (specifically the Settlement Agreement for the Lots}, and addressing compliance with the Code sections listed above. 2. 24" by 36" Subdivision Exemption Plat as designated in Section 2.1.13 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. List of all adjacent property owners and mineral estate owners (1 copy) 10. Copy of this preapp form NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. vaooa Y AI,1, MAPS SMALL I3F; FOLI:)F,D. Y This pre-application conferer:ce summary is advisory in nature and Trot binding on the County. The information provided in this szunrnury is hczscd on current zoning standards and stuff's interpretations bused upon representations of tl:e applicant. Additional information may be reytrired upon a complete review of the application. 00000.1 LAW UFFICES OF QATES, KNEZEVICH, GARDENSWARTZ 8v BELLY, P.C. PROF'ESSIUNAL. CORPUf2A'T'!UN THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN. CULURADU.8?611 LEONARD Esq. GATES RICHARD A KNEI.E.VICH 1-ED D GARDENSU1,rARTZ DAVID B. KELLY A4AItiA MORF20Vt~ OF COUNSEL: JOHN T KELLY ST"E:PHEN li CONNOfi ANNE MAR11:=. TvirPHEE March 2, 2007 Mike Kraemer City of Aspen Community Development Aspen, CO 81611 Re: Homestead S, Chaparral Aspen -Application for Minor Plat Amendment Dear Mike, Applicants David and Anne Crossland are seeking a minor plat amendment to construct a driveway from Chaparral Drive to the building envelope for their lot along an existing ranch road and confirmation a previous driveway corridor was vacated. The original plat for Chaparral Aspen showed a driveway running from Chaparral Drive along the property boundary between Homesteads) 5 and 6 at Chaparral Aspen (the "Original Corridor"). A 2002 First Amended Subdivision Exemption Plat for Chaparral Aspen ("First Amended Plat"), which was approved by the Board of County Commissioners for Pitkin County as well as all lot owners within the subdivision, removed that Original Corridor. At present, there is no specific driveway from Chaparral Drive to the building envelope for Lot 5. Applicants are seeking confirmation that the Original Corridor was vacated in the First Amended Plat and approval to improve an existing ranch road running from Chaparral Drive to Lot 5's building envelope for use as Lot 5's driveway. DEVELOPMENT HISTORY The original application for the Chaparral Aspen development, filed by the St. Clair Company, was denied by the BOCC in 1999. See January 22, 2001 Settlement Approval ("Settlement Approval"), paragraph F. William Braun (the previous owner of the parcels} and the St. Clair Company then filed suit against the BOCC in Pitkin County District Court (Case No. 99CV 163). See Settlement Approval, paragraph G. The parties ultimately settled the case. On September 13, 2000, the BOCC approved the settlement of the case in Resolution No. 158-2000. A copy of the Resolution is attached. The terms of the final settlement and approval are embodied in Resolution No. 158-2000, the Settlement Agreement ' Although the governing documents refer to the properties within Chaparral Aspen as Homesteads, they are referred to hereinafter as "Lots" as that is the more common phrase. TELEPHONE (S7Qi Q2Q-1 %00 I'ACSIMILE (6'70j 920-11?1 ao~oo2 CAA I`t;S, KI~ELEVICH, CARD.ENSWAR"I'L c~: KLLLY, P.C. Mike Kraemer March 2, 2007 and Conditions of Approval attached to the Final Order in Case 99CV 163, copies of which are all attached. As part of the Conditions of Approval, the BOCC approved ten residential lots not to exceed an aggregate square footage of 100,000 square feet, together with 4,000 square feet of sub-grade floor area and 750 square feet ofabove-grade garage space per unit. See Conditions of Approval, paragraph A.1. In addition, the developers agreed to establish an agricultural easement in which the developer would commit to irrigate, in perpetuity, at least 351.5 acres of historically irrigated land. See Conditions of Approval, paragraph A.4.a.(6). This area is shown as an agricultural easement on the Original Plat. Copies of both the Original Plat and First Amended Plat are enclosed. The Conditions of Approval state that all driveways will be located within driveway corridors designated on the plat. See Conditions of Approval, paragraph A.lS.e. In many cases, however, including Lot 5, the driveway corridors do not extend to the building envelopes. (Other lots where the driveway corridor does not extend to the building envelope include Homestead 4 and Homesteads 6 through 9). See Original Plat and First Amended Plat. Neither Lot 5 nor Lot 6 has a driveway corridor extending from the end of the Original Corridor to the Lots' respective building envelopes on the Original Plat. Due to the topography of the area, the Original Corridor was not at a logical location. An irrigation ditch lateral drains down the gulch where the Original Corridor is located. This gulch is evident in the enclosed aerial photograph. In addition, the remainder of the driveway leading from the end of the Original Corridor to the building envelope would require crossing slopes in excess of twenty degrees and cutting several cutbacks across the agricultural area. The Declaration of Protective Covenants for Chaparral Aspen ("Declaration") gives additional guidance about the construction of driveways. A copy of the Declaration is attached. Paragraph 7.06 of the Declaration states that "[d]riveway corridors are those areas within driveway easements designated as such on the Final Plat and/or driveway alignments approved by the Review Committee which shall contain the driveway providing physical access to the Building Envelope of each Homestead. The location and point of access to a Driveway Corridor from a Road shall be established and maybe modified only by the Review Committee, provided no change in a Driveway Corridor may have a material negative impact." The Declaration was approved and accepted by the BOCC on September 13, 2000. See Declaration, page 40. In 2002, the owners of all lots within Chaparral Aspen, including the current owner of Lot 6, executed and recorded the First Amended Plat. The owners all agreed the recording of the First Amended Plat was to modify the Original Plat as shown on the First Amended Plat and specifically state that "by their signatuge below ...all of the owners, mortgagees and others having an interest in the real property described herein have consented to the filing of this First Amended Plat and agree that this First Amended Plat shall fully supersede and replace the Original Plat ...." This Amended Plat, which was also approved by the Pitkin County Community Development Director, vacated the Original Corridor running between Lots 5 and 6. See First Amended Plat, Sheet 1. As with the Original Plat, no driveway corridors were created in the First Amended Plat providing access to the two Lots' respective building envelopes. See First Amended Plat, Sheet 3. Applicants seek by this application to establish a driveway corridor to Lot 5's building envelope. While a platted driveway corridor up to the building envelope for Lot 5 has never existed, there is a historic ranch road that leads from Chaparral Drive to Lot 5's building envelope. The Chaparral o~ovo~3 C3A 1'I;S, KNELEVtCH, CARI3E;NSWAIZ'1'Z c4z KI,LLY, P.C. Mike Kraemer March 2, 2007 Aspen ranch manager regularly uses this road during irrigation operations. The enclosed aerial photograph clearly shows this road. This road is also shown on the enclosed October 17, 2005 Improvement Survey, Applicants seek to improve this existing road to use as their driveway rather than cut a new road across. the agricultural easement to the building envelope. COMPLIANCE WITH PITHIN COUNTY LAND USE CODE This requested minor plat amendment complies with the criteria for approval of Pitkin County Land Use Code Section 2-30-20(g)(5)(b). The amendment increases the degree of compliance with the standards of the Land Use Code by actually reducing the disturbance to the agricultural easement and instead bringing an existing ranch road up to Pitkin County standards as the driveway. The amendment is being made to a recorded plat approved by Pitkin County and is consistent with the representations made during prior County reviews. All existing lot owners at the time of the filing of the First Amended Plat, including Woody Creek Ventures, LLC (the then-owner of Lot 5) and Steven St. Clair, the current owner of Lot 6, "consented to the filing of the [the] first amended plat and agree[d] that [the] First Amended Plat shall fully supersede and replace the Original Plat, that all of the rights, privileges and burdens memorialized in the Original Plat (including all land use approvals granted to Chaparral Aspen by the County of Pitkin or other governmental or quasi-governmental entity) shall apply now to this First Amended Plat ...." See First Amended Plat, Sheet 1. Improving the existing road to Lot 5's building envelope, rather than cutting a new road through the physically incompatible site of the original driveway corridor, actually advances of the BOCC's goals for maintaining the agricultural character of the development. Paragraph A.4.a.(6) of the Conditions of Approval emphasizes the importance of maintaining lands historically available for human food production, or hay, grain and other feed crops for livestock and required the developer of Chaparral Aspen to commit to irrigating, in perpetuity, a minimum of 351.5 acres of land. No historically irrigated lands will be taken out of irrigation to provide access to Applicants' building envelope if Applicants use the existing road rather than cutting a new road across the agricultural easement. In addition, because a ditch lateral drains down the gulch where the Original Corridor was sited, Applicant will avoid disturbing the historic ditch, further maintaining the historical ranching character of the area. _ In conclusion; the proposed minor plat amendment is consistent with actions taken during previous development approvals for the property, does not change the use of the proposed development or the basic character of the approved use of the land, and in fact reduces the impact to the original visual appearance of the property. In addition, this application does not constitute a new land development activity, increase off-site impacts in the surrounding neighborhood or the need for on-site parking, utilities or affordable housing, endanger the public health, safety or welfare, violate any Land Use Code standard or increase the floor area of Applicants' residence. Rather, Applicants' plan will actually increase the area of undisturbed open space on Lot 5 from that originally contemplated by the Original Plat. Please contact me if you have any questions or need any additional information. We look forward to working with you on this matter. ~fl04D4 OA"l'ES, .KNELEVICH, ~ARDL;NSWAIZ"I'L & KELLY, P.C. Mike Kraemer March 2, 2007 Very truly yours, GATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. ~ `~G!G-`r~~~ By David B. Kelly Anne Marie McPhee DBK/AMM/ Encl: 1. 24" x 36" proposed Subdivision Exemption Plat for Homestead 5, Chaparral Aspen; 2. Original Subdivision Exemption Plat for Chaparral Aspen, recorded at Plat Book 58, Page 43. 3. First Amended Subdivision Exemption Plat and 1051 Hazard Review Site Plan for Chaparral Aspen, recorded at Plat Book 62, Pages 99 and 101 (Sheets 1 and 3); 4. Board of County Commissioners of Pitkin County Resolution No. 158-2000; 5. Final Order, District Court, Pitkin County, Case 99CV163; 6. January 22, 2001 Settlement Agreement, attached as Exhibit A to the Final Order, Case 99CV 163; 7. Conditions ofApproval, attached as Exhibit C to the Final Order, Case 99CV163; 8. Declaration of Protective Covenants for Chaparral Aspen; 9. Ownership certificate for Homestead 5, Chaparral Aspen, issued by Pitkin County Title Guarantee Company, including legal description; 10. Vicinity map of Homestead 5, Chaparral Aspen; 11.2005 Aerial photograph of Homestead 5, Chaparral Aspen; 12. October 17, 2005 Site Improvement Survey; 13. Check made payable to the Pitkin County Treasurer for $1,155.00; 14. Signed fee agreement; 15. Power of attorney from David and Anne Crossland authorizing Oates, Knezevich, Gardenswartz & Kelly, P.C.'to act on the Crossland's behalf with respect to Chaparral Aspen, Homestead 5; 16. Listing of the property owners for Chaparral Aspen Homestead 3, 4 and 6; 17. Sample commitment for title insurance listing all mineral estate owners for Homesteads 3 through 6 (exceptions 7, 9, 10 and 15); 18. Copy of a January 17, 2007 pre-application conference summary sheet. ~~~~~~ i ir~i~~rli~~ Illlll11111111111 ~~~~~~~~~~~ lfi ~ ~ f Il 11111111 Resalzrtion~Vo. 153000 4'51430 02/23/29@1 19:04A RESOLItTI DAVIS SILVI pcrge.j 1 0~ 30 R.8.09~D 0.00 M 0.00 PITKIN COUNTY CO RESOLUTION OF THE Bt?ARD OF COUNTY COIVIlti~IISSIONERS OF PITI£IN COU'N1'Y, COLORADO, APPROVING THE BRAUN RAI~tCH SETTLEMENT AGREE:YfENT Resolution No. /SY-2000 RECITALS 1. Woody Creek Ventures, LLC, as the successor to the St. Clair Company, is the current owner of two, non-contiguous parcels of land in Pitkin County, which together contain approximately 903 acres. The "Main Ranch Parcel" contains 5~3 acres and four legally created dwelling units, and was the subject of a development application submitted to Pitkin County on October 20, 1998_ The "Remote Parcel" contains approximately 350 acres and is undeveloped. ?. On July l~l, 1999, the Board of County Commissioners ("BOCC"} denied St. Clair', request for approvals for the Vain Ranch Parcel, pursuant to Resalution IVo. 99-13. 3. On August 13, 1999, William Braun, the previous owner of the parcels, and St. Clair fled a Complaint (Civil Action No. 99 CV 1b3, Div. I) for (1) Rule 106 review, (~') Denial of due process and equal protection, and (3) Declaratory Judgment in the District Court for the County of Pitkin, State of Colorado, challenging the BOCC's denial. 4. St. Clair subsequently submitted a settlement proposal to the BOCC on January 12, 2000. The proposal consisted of IO unrestricted dwelling units each containing an average of 10,000 square feet of floor area, relocation of the access from Woody Creek Road to River Road, and. construction of fully dead restricted affordable housing units coataining at least I7 bedrooms. ~. The Pitkin County Planning and Zoning Commission ("Commission") considered the settlement proposal on July 13, 2000, and forwarded a recommendation of approval to the BOCC. 6. The settlement proposal was considered by the BOCC at regularly scheduled meetings on February ~? and 29, and at duly noticed public hearings an August ?? and ?;; and September 13, 2000. 7. The BOCC fords that the settlement proposal satisfies the objections raised in Resolution No. 99- X13 and. complies with or satisfies all of the County's requirements and criteria for the approvals 1. Resnlurinn ~Yo. 1 X2000 Page 2 ___.. desc.:ned in the attached settlement agreement, and that the Cnurt shculd eater an order causing the approval of the Braun Ranch, subject to the conditions of appravaI specified in the settlement ageement. Settlement agreement shown as Exhibit "1". NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Braun Ranch Settlement Agreement and the Exhibits thereto in 'the form attached to this Resolution and directs the Chairman and County Attorney to execute and file with the District Court a Stipulation which complies with the requirements of said Settiernent Agreement. NOTICE OF PUBLIC HEARPt TG PUBLISHED 1N THE ASPEi`F TLtiIES on the I5~' day of July, ? 000. APPROVED AlYD ADOPTED on the li~ day of September, 2000. PTTBI TSHED :TER ADOPTION IN THE ;ASPEN T11i iES on the %~ 'day of __~~ 200 .. ATTEST: f' R eon, Clerk to the BOCC APPROVED AS TO CONTEc~1T': ~; - %~~ _ 1 ~~~ ~ ~ Cindy Houben Community Development Director .BOARD OF COUNTY COItil11~>ISSIONERS, PITKIN COUNTY, COLORADO ,. , Chan ~ ~ ~~i!"'" vet.. t ~2rf +.,rty~l) APPROVED AS TO FORbf: Sohn Elv C ttorney P1S3-98 / PID ~26~30940000i 1~suzannew~pitkinicases~specrevibraunlsettlement~sertlemeat reso O ~ SOLl7TI t3A1G~5+ "SIL~I'I ~ 4..1438 02!13/2001 20.848 RE ., _r ~., s ~ ~.,~ „ a aei v a aia OT7vT73. rn1t41TV rn FINAL ORDER voooos . , ., j COUNTY COURT, PITI{IN COUNTY, COLORADO Court Address: 506 E. Main St., Aspen, CO 81611 Plaintiff(s): WILLIAM BRAUN AND THE ST. CLAIR COMPANY, A CALIFORNIA LIMITED LIABILITY COMPANY Defendant(s): THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, STATE OF COLORADO Attorney: David J. Myler Name: Freiiich, MyIer, Leitner & Carlisle Address: 106 South Mill Street, Suite 202 Aspen, Colorado 81611 Phone Number: 970-920-1018 Fax Number: 970-920-4259 E-mail: fmlcaspen@aspenconnect.com Atty. Reg.#: 6746 FINAL ORDER . . STATE OF COLORADO } } ss. COUNTY OF PITKIN } .. .. . _ , ..,.-: . ~~ • COURT USE ONLY • Case Number: 99 CV 163 Div.: I Upon the joint Motion and Stipulation of alI parties, it is hereby ordered that: 1. The Settlement Agreement dated January 22, 2001, between William Braun, Woody Creek Zlentures, LLC and the Board of County Commissioners ofPitkin County, a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved aad adopted, iL its entirety, as the final order of this Court in this matter; 2. Consistent with and subject to the terms and coriditions of this Settlement A~eement, the Court orders that the land use and development approvals described in Paragraph 2 thereof are hereby granted for the Property described in Exhibit A to the Settlement Agreement; 3. The Complaint in this matter is hereby dismissed, with prejudice; ..~ 4. Each party shall bear their own. court costs and attorney's fees; OOD009 '11111 VIII Illlllalllll II IIIIIIII VIII IN VIII IIII IIII 5 This Court shall retain jurisdiction in this matter for the purpose of enforcing.the provisions of the Settlement A~-eement_ day of =.~--~. _ =. ~, , 2001. Dated this BY THE COURT: . -. ~/~ ~ J District Court Judge mac.. ;i'i'1C ATE Gig ~$~:_;:•~;~: ce r`ift' that a copy e f Foregoing was mailed is al, Counsel of Record ~• ~-- d~ o~s~,~~2 00/ --o-~i~~ ~~i~~~~iy ~ /1i/~iiZ ooooi4 X111 l~IEI !llli! 1!!1!! t! 111!!l14.1~'!!I Iil !!~I! Ill ~!!I ,542 02/lg/2001 11:00A ORCER CAYIS SILY ~{ 30 R 0.00 D 0.00 N 0.00 PZTKIN COUNTY CO SETTLEMENT AGREEMENT ooooll f-~A:AL C~~~` SETTLEMENT AGREEMENT ®~~® ~• ~ ~~ To fLa.So~fJl+o~1 ~s~ - ~ooa ~_~ This Agreement is made and entered into this 22nd day of January, 2001, by and between Woody Creek Ventures, LLC, a Colorado limited liability company ("Woody Creek") and the Boazd of County Commissioners of the County of Pitkin (the "BOCC") RECITALS A. Woody Creek, as the successor to the St. Clair Company ("St. Clair"), is the current owner of two non-contiguous parcels of land in Pitkin County, Colorado, which together contain approximately 903 acres. Both parcels are described on Exhibit "A." The "Main Ranch Pazcel" of 553 acres contains four legally established dwelling units. The "Remote Parcel" of approximately 350 acres is undeveloped. B. As the previous owner of the Main Ranch Parcel and Remote Parcel, William Braun ("Braun") is a Plaintiff in the Civil Action described below along with St. Clair as the initial applicants for development approval. C. Pitkin County is a political subdivision of the State of Colorado. The Board of County Commissioners of the County of Pitkin is its governing body. . , D. On or about October 20, 1998, and with the consent of Braun as the then owner of the Main Ranch Parcel, St. Clay filed with the Aspen/Pitkin County Community Development Department an application for certain land use approvals in order to subdivide the Main Ranch Pazcel into lots of at least 35 acres in size for residential development. As originally conceived, the project described in the application was to consist of 15 single family lots, 15 cazetaker dwelling units, a ranch manager`s dwelling unit, 2 employee dwelling units and o common equestrian and agricultural facilities. The number of single family lots and cazetaker - " dwelling units was subsequently reduced by St. Clair to 14. -__ ~, ~ .. _-> ~ ~~ J 2 n ~ E. The application requested the following approvals: ... u, -.-. z `o ~ 1. 1041 Hazazd Review and Conceptual Submission to establish building and. .~ ~ ~ development envelopes on each proposed lot. -o m .-o m 2. GMQS Exemption to replace 4 legally established dwelling units =Q -m z =~ m 3. GMQS Exemption and Special review to designate certain lots as TDR receiver ~ m sites. .+ Imo ~+ ~ 4. GMQS Exemption and Special Review to construct caretaker dwelling units and ~ employee dwelling units. _ :`~ ~.. ~ `- m ~ ~~ ~__~~ ~ nn nn hh 431430 02/13/2001 10:04A RESOLUTI DAVIS SILVI. ~~: n VtJUO~~ 3 of 30 R @.00 D 0.00 N 0,00 PITKIN CaUNTY Ca ~~ F. On Juiy 14, 1999, the BOCC denied St. Clair's request for approvals as set forth above. G. On August 13:,1999, Braun and St. Clair filed a Complaint (Civil Action No. 99 CV 163, Div. i) for (1) Rule 106 review, (2) Denial of Due Process and equal protection and (3) Declaratory Judgment in the District Court for the County of Pitkin, State of Colorado (the "Court") challenging the BOCC's denial. H. After filing the Complaint, St. Clair engaged in an e.~tensive process of re-evaluating the elements of its initial application in order to determine whether revisions could be made that would satisfy the objections of the BOCC and allow St. Clair to pursue reasonable development of the Main Ranch Parcel. St. Clair sought the advice and counsel of the Woody Creek Planning Commission and, based thereon; prepared and submitted a settlement proposal to the BOCC on January 12, 2000 (the "January 12 Settlement Proposal"). The revised project described in that proposal addresses the concerns of both the BOCC and the Woody Creek Caucus Planning Commission by reducing the number of unrestricted dwelling units to 10, restricting the size of those units to an average of 10,000 square feet above grade, moving the access for the project from Woody Creek to Lower River Road and by committing to construct fully deed restricted affordable housing units containing at least 17 bedrooms. The revised project is referred to herein as "Braun Ranch-2". I. The January 12 Settlement Proposal and the specific element of Braun Ranch-2 were considered by the BOCC at scheduled and noticed meetings on February 22, February 29, August 22'"', August 23~ and September 13, 2000. The meetings of August 22"d, August 23`~ and September 13 `~, 2000, were noticed by mailing, publication and posting. At these regularly scheduled meetings, the public and all interested parties were afforded the opportunity to provide comment on Braun Ranch-2 and the January 12`~ Settlement Proposal: J. In addition to opportunity for comment at public meetings, the public and all interested parties have been able to review all maps, plats, consultant's studies and other information submitted to the Aspen/Pitkin County Community Development Department in connection with the initial application and the January 12 Settlement Proposal. K. On April 14, 2000, St. CIair assigned all of its right, title and interest in and to the Main Ranch Parcel and the Remote Parcel to Woody Creek and Woody Creek acquired those Parcels from Braun on that date. L. As a result of revisions to the initial development application as contained in the January 12 Settlement Proposal, and on the basis of comments from the Pitkin County Planning Commission and staff, the public, the Woody Creek Caucus Planning Commission and Woody Creek, the BOCC has determined that Braun Ranch-2 satisfiesthe objections raised on July 14,1999, that Braun Ranch-2 complies with or satisfies all of the County's requirements and criteria for the ~~QO1~ -2 4 ~~ ~~I~ ~~~,~ ~~~~~~ ~~~~~! ~~ ~~~~~~~, ~~~~~ ~~~ ~~,~~ ~~~~ ~~~~ 451430A02/13/2001^10A04A~RE~OLil~I~DFiVIS-SILVI approvals described below, and that the Court should enter an order causing the approval of Braun Ranch-2 as more particularly set forth below. NOW TF-TEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agrees as follows: 1. Consent Decree. The parties shall jointly file with the Court a stipulation requesting that the Court enter a final order which has the effect of granting the land use approvals described in Paragraph 2, below, for the project known as Braun Ranch-2 which consists of the following elements: a. Ten residential lots on the Main Ranch Parcel ranging in size from 35 to 119 acres in the configuration and with the development, building envelopes and road layout as illustrated on the site plan attached hereto as Exhibit "B". b. Ten lots on the Remote Parcel containing at least 35 acres each. c. Four 3-bedroom single family detached affordable housing units, one of which will be reserved for the manager of Braun Ranch, and four 2-bedroom units in two duplex buildings all of which will be Located on Lot 11. The eight (8) units will be owned and operated in accordance with the voluntary rental restrictions as described in Paragraph A. I O of the Conditions of Approval referred to in Paragraph 3, below. d. Agricultural and equestrian oriented buildings and facilities to be located on Lot 11. 2. Description of Annrovals. The approvals to be granted by the Court for Braun Ranch-2 consist of the following: a. 1041 Hazard Review and Conceptual Submission to establish building and development envelopes on each of the 10 residential lots on the Main Ranch Parcel. b. GMQS exemption to replace 1 legally established dwelling unit on Lot 4 of the Main Ranch Parcel with a new detached residential dwelling unit (which may contain the maximum squaze footage allowed for any lot within the Main Ranch Parcel as set forth in Paragraph A.1. of Exhibit C). c. GMQS exemption for the construction of new dwelling units which may contain a maximum square footage allowed for any lot within the Main Ranch Parcel as set forth in Paragraph A. l . of Exhibit C, on any three lots within the Main Ranch Parcel upon the recording of a restriction requiring the preservation of 3 historic dwelling units located or to be Located on those lots within the Main Ranch Parcel. aoool4 -3- .~.,~x ;, 11!!f 11!!i !11!!1111!1! II 1!!11111 Il111 I!I 11!!111!! !Iii ! I I '.2542 02/15/2001__ii_00A ORDEA ncvrc srtvr 452430 02J13/2002 20:04A RESDLIJTI QAV25 SILYI _~.~.~ -~~.ro~m~..~,..~.. ;~,~„~-~~~~, ~.~_ d. GMQS exemption and special review approval for the use of Transferrable Development Rights on any of the residential Iots on the Main Ranch Parcel for which the above referenced replacement or historic GMQS exemptions are not available. e. GMQS exemption and special review to canstruct caretaker dwelling units on each of the 10 residential lots and for 8 employee dwelling units to be constructed on Lot 11 of the Main Ranch Parcel and operated pursuant to the voluntary rental restrictions as described in Exhibit C. f. The establishment of vested rights (as defined Exhibit C, Section C) which shall expire five {5) years from the date on which the Court enters the Order approving Braun Ranch-2, as contemplated in Pazagraph 1, above. 3. Conditions of Anz~roval. The approvals described in Paragraph 2, above, are and shall be subject to the conditions as set forth in Exhibit "C" attached hereto and incorporated herein by this reference. 4. Proiect Name Change. The parties acknowledge and agree that the Subdivision Exemption Plat and 1041 Hazard Review Site Plan, the Declazation of Protective Covenants, the Development Agreement, the Design and Development Guidelines and related documents which are referred to in the Conditions of Approval may reflect a project name different from Braun Ranch-2 at the time of execution and recording. 5. Enforcement. Upon entry of an order granting the conditional approvals set forth above, the BOCC shall have the same authority to enforce the approvals and require compliance with the conditions as though the BOCC had adopted an ordinance of approval in accordance with the procedural and substantive requirements of the Pitkin County Land Use Code. (. Costs and Fees. Each party shall be responsible for the payment of all court costs and legal fees incurred by that party in this action. ~, Release. of BOCC Resolution 99-42. Upon recording of the Order of Approval to be issued by the Court in the public records of Pitkin County, Resolution 99-42 (Reception No. 436904 in the public records of Pitkin County) by which the initial Braun Ranch application was denied shall. be deemed repealed and of no further force or effect. f ooou~~ illll IIIII 111111 111111 II IIIIIIII IIIII III IIIII,IIII IIII 4 ~! A7C~ d'RA A9 / 1 Q lO0rA1 101 • Add DQerti 11TT nn~~rc t+~ u: Executed in duplicate originals the date above first written. WOODY CREEK VENTURES, LLC, a Colorado lim• ed liability company By: G. SazPa, Man i f ,~y.~--~ • ,., '~ :~-~-y--,~, William Braun BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY By: : ~ tel. ~~~t~l~ i - 2Z sm ~ e~; Chairman Attest• f/_ ee R. Dean, Clerk to the BOCC G:1Client\Woody Creek Ventures\5etHementAgreemmt ~JUUVf.s mui igii ngi~ iniii ii iiin~ii iini iii nisi ini mi -5- _, .. ,.! ~ , .. 431430-02/13%2001 20:04A RESOLUTI DAVIS SILY~ ~ Il11l1llfll 81111111111 ll 1111111! full fN 111111111 f111 442348 04/14/2800 03:23P ~.->:C WD DAYIS SILYI 2 1 A ORDER DAYIS SILYI 4 of 9 R 4°i.00 D 23140.00 N 0.00 PIt1tIN COUNTY C 8 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXH~B~T "A" LEGAL DES~RlPT10N PARC~LI All that part of Lots 2, 3, 4, 12, 17, 19, 20 and 21 of Section 9, Township 9 South, Range 85 West of the 6th P.M., lying Easterly and Southerly of the following described line: ~ Beginning at the West Quarter Corner of said Section 9, thence S. 68 degrees 58 minutes 16 seconds E. 822.41 feet to a fence comer as constructed and in place; thence N, 03 degrees 40 minutes 16 seconds W. 1048.40 feet to a rebar and cap in place along said fence; thence N. 23 degrees 14 minutes 57 seconds E. 385.83 feet along said fence to a rebar and cap in place; thence N. 79 degrees 44 minutes 55 seconds E. 111.31 feet along said fence to a rebar and cap in place; thencE N. 30 degrees 51 minutes 59 seconds E. 549.34 feat along said fence to a rebar and cap in place; thence S. 43 degrees 59 minutes 31 seconds E. 192.07 feet along said fence to a rebar and cap in place; thence N. _30 degrees 37 minutes OS seconds E. 718.13 feet along said fence to an old iron bar found in place; thence S. 39 degrees 55 minutes 49 seconds E 53.72 feet along said fence to a rebar and cap in place; thence S. 49 degrees 17 minutes 04 seconds E. 694.62 feet along said fence to a rebar and cap in places: 'thence S. 65 degrees 43 minutes 21 seconds E 190.54 feet along said fence to a rebar and cap in place; thence S. 79 degrees 01 minutes 31 seconds E. 94.01 feet along said fence to a rebar and cap in piacz; thence N. 87 degrees 06 minutes 35 seconds E. 528.96 feet along said fence to a rebar and cap in place; thence N. S9 degrees 33 minutes 11 seconds E. 269.89 feet along said fence to a rebar and cap in place; thence N. 45 degrees 41 minutes 47 seconds E. 655.29 feet along said fence to a rebar and cap in place; thence N. 31 degrees 41 minutes 10 seconds E. 464.41 feet along said fence to an intersection with a fence as constructed end in place. EXCEPT that portion conveyed out by document recorded Deczmber 22, 1577 in Book 340 at Page 851. PARCEL 11 Township 5 South, Range 85 West of the 6th P.M. Section 9: Lot 16 and the NE 1/4 NE 1/4 Section 10: Lots 10 and 11 PARCEL ill Lots 7, 8 and 9 in Section 5, Township 9 South, Range 8S West of the 6th P.M., and that part of Lots 3, 4 and 6 in Section 10, Township 9 South, Range 85 West of the 6th P.M., lying Northwesterly of the following described line: Beginning at a paint on the South line of said Section 9 whence the corner common to Sections 9, 10, 15 and 16, Township 9 South, Range 85 West of the 6th P.M., bears S. 89 degrees 10 minutes E. 50.9 feet; thence N. 10 degrees 0 minutes E. 288.00 feet; thence N. 15 degrees 36 minutes E. 471.00 feet; thence N. 36 degrees 15 minutes E. 1217.00 feet; thence N. 46 degrees 19 minutes E. 548.00 feet; ..~ thence N. 34 degrees 01 minutes E. 524.2 feet; thence N. 42 degrees 22 minutes E. 705.00 feet; thence N. 38 degrees 15 minutes E. 160.00 feet and thence N. 52 degrees 33 minutes E_ 512.00 feet to the North line of .lid Lot 3, easements described in Document No. 101920. PARCEL iV -- ... - _..._........ __ .. Township 9 South, Range 85 West of the 6th P.M. ~~f iitll! I~lI111 tlTfi-tltt dill^il Itl ^^~^1 i^11 i>A>~ 481430 02/13/2901 19:048 RESOLUTI DRYIS SIL1fI \ o .c as o a as n a ova iu a as OTTKTN r`l111NT'r CI) Section 9: Lots 5, 6, 10 and 11 Section 16: Lots 2, 3, 6 and 8 - Ail of the above described tract of land was originally patented as the S 1/2 SE 1/4, NW 1/4 SE 1/4 and SW 114 NE 1/4 of Section 9, Township 9 5outtt, Range 85 West of the 6th P.M. EXCEPTING, however, all that part of Lots 2, 3 an~8, Section 16, lying South and West of the Denver and Rio Grande right-of-way and also excepting that portion of Lot 1, Eiam Subdivision lying within subject property. Section 9: Alf that part cf Lot 13 lying North and East of the Denver and Rio Grande Railroad right-of-~nray. PARCEL V Township 9 South, Range 85 West of the 6th P.M. Section 9: A!I that part of Lot 15 lying Northerly and Easterly of the Denver and Rio Grande Railroad right-of--way. _ °ARCEL V! Township 9 South, Range 85 West of the 6th P.M. Section 3: Lots 1, 2,3,4and5,SW114NE1/4,S1/2NW1/4 EXCEPTING FROM THE ABOVE: BRAUN 5UBDiV1SION, according to the Plat thereof recorded December 26, 1996 in Plat Sook ~1 at Page 21. 442348 04/14/2908 03:23P SPEC WD DAYIS SILYS~ ~ of 9 R 45.00 D 2380.08 N 0.0@ PITKIN CaUN7'Y Ca oooar$ ! 111!!111!!! 11!!!111111! I1 Il1111!! Il11! 542 02/ 15/2001 11: 00A ORDER ~~li 11!!111!! 111! of 30 R 0.00 D 0.00 N 0.00 PITKINSCOUNTY CO 3 451430 02/13/2001 X18 0 04q lRESOLU• RVIi g~ I 9 of 38 R 0.00 D 0.00 N 8.@0 pITKIN CaUNTY Ca V ~\ u~eN ~on~ w~ M E m a ~a :~ O r __~ O ~~ U i ~^ ~ tO~ ~ V 1, i"` t A .„1•% `'!.'~' w '-? ''ls*. .fit i', • ba ' ~ . . '~ ,,.~' S. ~ ~ _ .. ~- '.: a iii i~. ._ ~ . _ . '7 ~ ' : .'.. , ~, ~' ~ '+ .J~.1L .LN t ; .Y ' ~ r ~. _ W Z Ill ~q ,] N U a~ W a <o ~ Z ~~ ~~°~, z " 3~uma. yNZ O NpF P .~~ N. 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OVOO ~~ ~ ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~[ i~ ~~1~~~~~ ~~~~~ ~~~ ~~I'~~ ~~~ ~~~~ 451430 22/13J2001 18:94A RE~OLUT3 DAV2S SILVI~ 451542 02/1512001 11.OOA ARDOR flAV25 SILYI ', ~1 ~2 ~e~ ~ .~ .~.. s ~ •••• •• - - ." _ ~ ~.. r~ rf mea n ~ rarn u a AA ~TTVt61 PA1f1dTY f"1 8q + ~, ~ v '° w ~~~~QQ~~ ~$aN~~ 4 z 3^3 ~ z t~~°y°~°aw~o ~~i~a~z~z~Z~~z ~~~~~i~z~i~~c~ 0~¢~050303~0~ -..., . ~i I ~~ to F H I i 7 11 am.e ~ws 1~ ~ ~ 1 i i yaw. ll.o C ~ muva +o~sw 10/DIY ' ~ 1 .I a ~ m~ n mo m !~ ~ V Q V~N Q1 ~ ^~ ~ / ~ ~~~~ C~~ e~ /~ U ~ /~/ ^ ` ~1 tD f ~~~ / 'ww ~ \ ~ ,~ ~ ~~. ~ i \ rev ~ i ~ ~ ~ U i~~~ a ' i~<~ ~//~1 X00 r .~~ \ ~ / M / 9~~~ \ / ~~ as / ~ -_ \~ ~~ i 1 ~n ;~) iw ~~ O ' A U \~ •~°yii~ v ~.,~ a v \ ~ ~"~ i" l 01r7 } ~ t~~i Q /I lf)~ ~~ V ~H ~ ~~ ~avava a+Qers w~ ussdoa~ 1pN~ru rm~ OMIOT]'iIM1IW M44 yy i y ~ ..$3 ~ ~ ~ Yr ~ ~ ~ i a` s~ ~a ~~ ~ ' s s~ ~ s b $J~ 9 f~ i t c ~~~:~o l! y i;~~" am _.... . ~^ / kfl r.~ ~ \\d ~~) \ ~ v ` ~/ v a N ~~ N O ~ '~ -`.~ ~ ~ ~ ~ ~ s I ~ a ~ ~ e~ t ~~---J~ N~ ~_-- d' ~ ~ `~ 1 iY t ~ :a' ~ ~ ~~ d~ i~ ~~~~ ti ~f ~ ~ J ~-r > 3 : 4 ~~~ , Y ~ . ~ n ~ ~~ C ~ ~ \ Q ,,,iii ~ ~ ^o i~~ X1961 Q j/~ ~ ~ ~ ~y 8 r-00 ~ ~ ~//j m ~ m a N l9 ~ ii% ~ / i ~~Q~ ~~ ~~ ~~/ i m s9 ` ~~ ~ ~'? ~~ ~~ ~ o r n~ D~DOZQ - ' - - „;.;:. . ~,~ `„' 431430 02/13/2001 10:04A RESIILUTI DAVIS SILYI __ _ _ _. of 30 R 0.00 D +0.00 N 0.00 PITKIN CIIUNTY CII -------"--_-----___-- -_-___ ~~ ti ` / \l .. ~~. wr c,~vc ,. ~ , ,. ifi,e .. QVOO~i EXIiIBIT "C" SETTLEMENT AGREEMENT BETWEEN WOODY CREEK VENTURES, LLC, WILLIAM BRAUN AND TAE BOARD OF COUNTY COMMISSIONERS OF PITII~NN COUNTY BRAUN RANCH-2 -CONDITIONS OF APPROVAL A. The following conditions shall apply to the Main Ranch Parcel. As used herein, the term "Applicant" refers to Woody Creek Ventures, LLC. I . The aggregate building square footage of dwelling units on the I O residential lots shall not exceed 100,000 square feet together with, on a per unit basis, up to 4,004 square feet ofsub- grade floor area, 750 sq. feet of above grade garage space and such deck, porch and overhang areas as are more particularly described in Exhibit 1 to these Conditions of Approval. The aggregate square footage (not including the allowed additions) may be distributed in the following manner: two dwelling units may contain up to 15,000 square feet, two dwelling units may contain up to 12,000 square feet,~and of the balance, no dwelling unit shall contain more than 10,000 squaze feet. Caretaker units may be constructed within the principal residence on each lot or may be incorporated in a detached garage. The square footage of any Cazetaker unit shall be counted in determining the actual floor area of any residential dwelling unit on a residential lot. 2. Except for garages, existing agricultural buildings and historic structures, new outbuildings and other types of accessory buildings (including agricultural structures) will not be allowed on any residential.lot. 3. Within Lot 11 (the Common Parcel) the Homeowners Association may construct barns, storage sheds, garages, stables, corrals and other customary farm and ranch facilities, provided that the total squaze footage of all such buildings, shall not exceed 30,000 square feet, and provided further that no single building may contain more than 17,500 sq. ft. and that such structures are clustered and screened from view with landscaping to the extent reasonable and practicable. Building sizes and the extent of clustering and landscaping shall be reviewed in connection with the rezoning of the Common Parcel pursuant to Paragraph A.10., below. This limitation shall not apply to the floor azea of any affordable housing located within Lot 11. 4. Prior to recordation of the Subdivision Exemption Plat and 1041 Hazard Review Site Plan, the Applicant shall submit the following documents for review and approval as to form and content by the Community Development Department and the County Attorney: a. Declaration of Protective Covenants, which shall include at a min;mum; (1) Restrictions on development activity within the azeas defined as Building and Development Envelopes. A} p , „ ~ F„ k 000022 ..~::~._ 481438 02/13/ (~~~111 ~'~~l ~~~~i~'~~~~~ ~~ (~~~~~~~ l~~~~ Il~ ~~t~~~ i~~ 1~~~ 2001 1@:04A RESOLUTI DRVIS SILYi 431342 02/13/2001 12:00A ORDER DAVIS SILVI 12 of 30 R 0.00 D 0. AA N A AA PtTKTN f`fl11*!rv n., 17 ..o 'IA O A oiA ~! A 01A fd A OfA PTTKtN Clfi.1NTY Cfl (2) Prohibition on placement of any access control equipment, gates or walls at the entry to the subdivision off of River Road where such structures could be viewed by the public from River Road. (3) R7ildlife protection restrictions and limitations on domestic animals as identified by Rick Thompson of Western Ecosystems, Inc. in his report dated September 24, 1998, except as amended below. (4) Irrigated Lands Calculation: In calculating the land area which shall be irrigated, any land area devoted to irrigation ponds shall be included ~as irrigated lands and, similarly, land areas which contain underground utilities, including septic tanks and leach fields, shall be included as irrigated lands provided that the surface above such utilities is subject to the above referenced agricultural easement. In the course of developing Braun Ranch, irrigation and crop production may be temporarily discontinued in order to accommodate the construction of roadways, driveways, the installation of utilities, including septic tanks and leach fields, the installation or construction of drainage strictures, the construction of irrigation ponds, the reshaping of land areas within development envelopes and the construction of residential strictures provided that the land areas which are to be irrigated for hay production or otherwise are reclaimed for such purpose within a reasonable time after their disturbance. (5) Adoption of the Design and Development Guidelines by reference and a requirement for compliance therewith. (6) Establishment of an Agricultural .Easement, in which the Applicant shall commit to imgate, in perpetuity, at least 351.5 acres of land within the boundaries of the Main Ranch Pazcel whether or not such irrigated lands are within development envelopes or building envelopes. 'The foregoing notwithstanding, the Homeowners Association with the consent of individual lot owners subject to the Agricultural Easement may remove portions of hayfields from hay production for the sole purpose of planting and maintaining stands of native trees or meadows containing native wildflower, shrubs and grasses. This commitment shall satisfy the requirements of Section 3-70-060(C) of the Land Use Code, which requires preservation "of at least 95% of the acreage historically available for human food production, or hay, grain and other feed crops for livestock." As of the date of this approval, 370 acres of the Braun Ranch have been and continue to be irrigated for hay production. Tile easement shall run with the land. and shall be enforceable by Pitkin County. 0~0~~~ -2- ,~,:.: 3 I I~lNI 1111111111 111111 If 1111111111111 I!I ~1111i Ill 1i11 ~~ 51430 02/13/2001 10:04A RE5flLL17I DAVIS,SILYI_ 431'42 02/iS12002 31:00A ORDER_DAVIS SILVI ('~ Deed restriction precluding further subdivision, increase in dwelling unit density and/or development of the Main Ranch Parcel, except for the subdivision, and development of affordable housing or the use of transferrable development n~~- (8) Deed restriction protecting the azea above the Salvation Ditch on the Main Ranch Parcel as wildlife habitat, in which development is prohibited, excluding utilities, maintenance or upgrading of agricultural facilities (e.g. existing ditches and irrigation systems and access roads for same) and maintenance and upgrading of the existing ranch roads. (9) Specify the provisions of the Covenants that are enforceable by the County and that cannot be modified or amended without County approval, including the requirement for compliance with the Design and Development Guidelines. (10) A provision providing for a perpetual waiver of any right to claim an agricultural exemption from Pitkin County property taxes far each of the 1 O residential lots which automatically takes effect, on a lot by Iot basis, upon the issuance of a certificate of occupancy for any single family residence on such lots. (I I) A provision requiring that, within a reasonable time following issuance of a certificate of occupancy for the principal residence on Lots 1-10 (not including historic structures or caretaker units), the Owner of the lot in question shall prepare and record an amendment to the Plat which reduces the building envelope to a maximum of two (2) acres. b. Development Agreement. The Development Agreement shall require that Applicant provide adequate financial security (i.e. letter of credit) to assure the timely completion of the affordable housing required by Paragraphs A.10, I 1 and 12 below. The financial security shall be provided prior to the issuance of any building permit for unrestricted residential lots. c. Design and Development Guidelines. Such Guidelines shall contain a statement of intent to require landscaping on each residential lot which is designed, installed and maintained so as to screen, to the extent practicable, the view of residential structures from Colorado Highway 82. The Guidelines shall also incorporate a requirement for submission of all architectural and landscaping plans which require the approval of the Design Review Committee tothe Aspen/Pitkin County Community Development Department for review and comment prior to any action by such committee. d. Trail easement which complies with Paragraph A.28 and B.3 of these Conditions of Approval. 000024 _3_ I SOLLlTI D V 5 SIL ~~1 451430 02/13/2001 10.04A RE A I ,w _r ~a e a rarn n a as u a aA DTTYTW rMiNTY [`'[1 .~`,`` s 11111111N1111111111111 I1 1111111111111 Ill !111111111111 451542 02/15/2001 11:00A ORDER DAVIB SI + w _e ~a e a o~A A A AA H A _ 0B P~TK1N CQUFIT7 C~ e. Subdivision Exemption Plat and 1041 Hazard Review Site Plan. 5. The Applicant shall submit a Subdivision Exemption Plat and 1041 Hazard Review Site Pian (the "Plat") to the Community Development Department for approval as to form and shall be recorded prior to submission of any earthmoving, access, ISDS or building permit applications. The Plat shall also be submitted in digital format for integration into the County's GIS system. The mylar copy of the Plat must be signed by the owner prior to submittal for recording. The Plat shall be modified as follows: a. Identify the irrigated lands that aze subject to the Agricultural Easement and the protected wildlife habitat. b. Identify the approved building and development envelopes and driveway corridors. c. Establish a 200 foot setback between the building envelopes on Lots 6 and 7 and the undisturbed native habitat areas. d. Identify the access easement for the access from River Road 6. 000025 e. Provide signature blocks for the Chairman of the Board of County Commissioners and the owner, and an Acceptance for Recording block for the Clerk and Recorder. f. Include the following disclaimer on the site plan: "1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy thereof." g. Include the location, dimensions and design of a detention basin and run off channel' on Lot 7. h. Delineate a building envelope on Lot 11 to accommodate all structures on that lot, excluding the affordable housing site. Concurrent with recording of the Plat, the Applicant shall record the following documents: a. Declaration of Protective Covenants containing the required Agricultural Easement wildlife habitat provisions, restrictions against :further subdivision and/or development and reference to the approved Design and Development Guidelines. b. Development Agreement. c. Trail easement which complies with Paragraph~A.28 and B.3 of these Conditions of Approval. ~: .. 11 ~,?i430 02/13/2001 10:04A RESO~UTI~DAVAS~t.SiTVyrn -4- 11i11111lIII X11111 11111111 IIIf~11111111 III ~1111i 111 I~il 4'S1'S42 02/ 15/2001 12 : 00A ORDER. DAMS SILYI 15 e4' 30 R 0.00 D 0.00 N 0.00 PITiCIN Ca1lN'iY Ca 7. Prior to commencement of infrastructure and utilities, the Applicant shall prepare and submit to the County Engineer for review and approval a Construction Management Plan that shall include a construction traffic management plan addressing off-site impacts of construction traffic, deliveries and pazking requirements for contractors and equipment, as well as construction traffic signage and control. 8. Prior to submission of any permits for the development, the Applicant shall submit an application for an access permit for the common road improvements to the County Engineer for review and approval, including the new entry off River Road in the vicinity of the Gravel Pit. The access permit shall include plans and profiles of all of the proposed internal road improvements which will be consistent with previous recommendations of the County Engineer. All road improvements shall comply with the standards and requirements of the County and the Aspen Fire Protection District, and shall be completed prior to issuance of building permits for any new residential dwelling units on the Braun Ranch. 9. Prior to submission of any earthmoving permits for the development, the Applicant shall: _ a. Submit an overall fugitive dust control plan for review and approval by the Environmental Health Department. The Plan shall include measures to insure that dust does not become a nuisance or blow onto adjacent property. b. Submit a detailed grading, drainage and erosion control plan forreview and approval by the County Engineer. Said Plan shall address at a minimum sedimentation control during grading and construction activities, and on-site retention. 10. Within 60 days after recording a Subdivision Exemption Plat and 1041 Hazard Review site plan for the Main Ranch Parcel, Applicant shall file an application for the subdivision and rezoning of the Affordable Housing Site on Lot 11 (as defined below} from RS-20 to AH and for subdivision approval in order to create a separate lot or lots for the development of 8 affordable housing units and to accommodate the subsequent rental or sale of those units to qualified tenants orpurchasers. The application shall contain all information required by the Pitkin County Land Use Code and the "Housing Guidelines" of the Aspen/Pitkin County Housing Authority (the "Housing Authority") including a site plan, parking and access plan and floorplans for four 3-bedroom single family dwelling units and four 2-bedroom dwelling units in duplex configuration. The Applicant shall execute an acknowledgment that the application for rezoning and subdivision cannot be withdrawn and a consent to its approval as submitted. The BOCC shall be entitled. to impose reasonable and customary conditions on any such approval with the consent of the Applicant, which consent will not be unreasonably withheld. Ownership of the 8 dwelling units will be transferred upon completion to a Colorado limited liability company in which the Housing Authority will be issued have the option to acquire an undivided 110 of I% membership interest. ,The purchase price for the membership interest will be 1/10 of I% of the estimated cost to construct the eight units as reflected in the Development Agreement referred to in paragraph 000026 -5- ~° ~* , , .~.q~r. I li~l~lll~l~l~t~~~t#fi~f~ ! 1i111I 111111ii1111111!! 1i 1111!11111111 III !11111 ill 1111 4°1430 02/13/2001 10:04A RESOLUTI DAYIS SILYI 431842 02/13/2001 i1:00A ORDER DAVIS SILYI A.4.b., above. Ownership, operation, rental and resale of the units will be governed by an affordable housing deed restriction to be executed by the owner of the S units and recorded prior to the issuance of any building permif and also by the terms and conditions of an Operating Agreement among the members of the ownership entity both of which shall incorporate or provide for certain operating principles as set forth in the proposal attached hereto and incorporated herein as Exhibit 2 to these Conditions of Approval. It is the intent and understanding of the parties that the provision of Affordable Housing, as stated herein, is an essential component of this Settlement Agreement. Accordingly, the BOCC and the Applicant, for themselves, their successors and assigns, waive any right that they may have now or in the future to challenge the affordable housing deed restriction on the grounds that it violates the provisions of CRS §38-12-301. Furthermore, neither the BOCC nor the Applicant shall undertake or support any Legal action which would or could have the effect of invalidating the affordable housing deed restriction on those grounds. This restriction shall apply to any and all successors and assigns of the Applicant in ownership of the affordable housing units to be developed pursuant to this provision and to the BOCC, APCHA or any other party to or beneficiary of the affordable housing deed restriction. In the event of any legal action in contravention of this provision, the parties acknowledge that there may nat be an adequate remedy at law and that the non-breaching party shall be entitled to assert this provision in support of and to obtain injunctive or other equitable relief to prevent the breaching party from asserting a violation of.CRS §38-12-301. 11. Subject to rezoning and subdivision as provided in paragraph 10 above, Applicant shall construct affordable housing containing at least 20 bedrooms in the following configuration: four 3-bedroom single family units and four 2-bedroom units in duplex configuration. Except for the Ranch Manager's unit, the affordable. housing will be constructed in the abandoned gravel pit along the westerly boundary of the Main Ranch Parcel, adjacent to the Denver and Rio Grande right-of-way (the "Affordable Housing Site"). The RanchManager's unit will be constructed in the vicinity of the Common Facilities as described in Paragraph A.3, above. The Ranch Manager's unit shall be restricted to category 4 rental rates and/or sale prices as specified in the Housing Guidelines and the remaining employee dwelling units shall be restricted at a minimum to the Category 3 rental rates and/or sale prices as specified in the Housing Guidelines. Floor plans of the units shall be provided to the Housing Office prior to issuance of building permits. Except for the Ranch Manager's Units, the employee dwelling units shall be limited to a maximum of 1,500 net liveable square feet each. The Ranch Manager's Unit shall not exceed 3,000 net livable square feet. 12. Within two years after recordation of the Plat, the Applicant shall have completed construction of and obtained a certificate of occupancy for the Ranch Manager's Unit on the Common Parcel. The remaining affordable housing units shall be completed prior to or in _ conjunction with construction of unrestricted dwelling units. At least one of the restricted units shall be completed and the certificate of occupancy shall have been issued prior to the certificate of occupancy for each of the unrestricted units until such time as all restricted units 04002? -6- ~ ~~~~ ~~~~~~ ~~~~~~ ~~ ~~~~1~» ~~~~~ ~I~ ~~~~~~ ~~~ ~~~~ DAVIS SILVI ~ ~~~~~~ ~ 02/1g/20t~1 11:00A ORDER DAVIS SIL~IY cn ~5~1~,30 02/33/3001 10:04A REaOLt1TI -- - have been completed, provided; however, that all restricted units shall be completed and certificates of occupancy shall have been issued no later than September 13, 2005. 13. Prior to submittal of an ISDS permit for each lot, the owner shall provide documentation of adequate quality and quantity ofwater from a well to the Environmental Health Department. The well must be located within a building or development envelopes. Well sharing shall be allowed. 14. For all lots that are Receiver Sites for transferable development rights ("'TDRs'~ and prior to submission of any building permits, each lot owner shall submit an executed Irrevocable Certificate of TDRs and a recorded deed or other assignment evidencing the sale or transfer of the Certificate to the lot owner. The number of Certificates required for each designated Receiver Site shall be based on the floor area of the residential structure to be constructed thereon, including additions following. initial construction. The first Certificate shall allow 5,000 sq. ft. and each additional Certificate shall allow 2,500 sq. ft.. As provided in Paragraph A.1, above, the first 4,000 sq. ft. of sub-grade floor area, the first 750 sq. ft. of above grade garage space as well as certain decks, porches and overhangs may be constructed without the necessity of obtaining a Certificate. The foregoing square footage "value" of Certificates shall be effective during the vested rights period as described in Paragraph C, below, and thereafter unless such value is revised by amendment to the Pitkin County Code. 15. Prior to building permit application, the owner of each lot shall: a. Obtain approval of an ISDS permit from the Environmental Health Department. Septic systems shall be located within the approved building or development envelopes and must comply with the setback requirements from surface and groundwater saurces. A qualified professional engineer must design the system. b. Obtain a fireplace/woodstove permit from the Community Development Department. c. • Obtain an access permit for each individual driveway, which shall be approved by the - County Engineer. Driveway shall be located within the driveway corridor designated on the Plat. If the driveway exceeds 30 inches above or below natural grade within the setbacks, the owner shall submit and the Board of Adjustment shall consider a variance application prior to issuance of the access permit. d. S ubmit a site specific drainage plan. for review and approval by the County Engineer. Said plan shall address positive grading away from the residence, diversion of. up- slope water from the building site, and on-site detention of flows from roofs and other impervious surfaces. f e. Submit a fugitive dust control plan for review and approval by the Environmental Health Department. oooo2s _7_ t ~~ 'b/ '. w.. .. .. .. f . I liilll illll lillli liilil 431430 02/13/2001 10:048 RESOItlTI DAVIS SI YI I 461342 02/1°x/2@@I 11 li Illliill Iliil III iillil III liil " L t A ..r ia~ a ,~ ,,,~ „ „ ,,,, RDA DAVIS SILYI f. If applicable, submit to the Housing Authority for recording a caretaker dwelling unit deed restriction. The caretaker dwelling units shall be limited to a maximum of 700 net livable square feet. Floor plans of the units shall be provided to the Housing Authority prior to issuance of building permits. g. Provide a trip generation study if the unrestricted residential structure exceeds 5,000 gross square fees for review and approval by the County Engineer, unless Applicant has previously provided the County with a trip generation study for the Main Ranch Parcel which is based upon the maximum build-out potential of each lot. The individual lot or Main Ranch Parcel study shall be developed by a traffic engineering consultant hired by the owner and pre-approved by the County Engineer. 16. The proposed development is exempt from the exactions in the ~Pitkin County Land Use Code for parks/recreation/ open space and school land dedication, however, the Applicant has voluntarily agreed to make certain contributions, based on the regulations currently in effect. Therefore, prior to issuance of any building permits, the owner of each residential lot shall: a. Make a cash payment of $1400 to the County in lieu of dedicating Land for parks/recreation/ open space. b. Make a cash payment of $300 in lieu of dedicating land to the Aspen School District. c. Pay the applicable Road Impact Fee. 17. Prior to or concurrent with issuance of the Certificate of Occupancy for the unrestricted residence on each lot, except the Common Parcel, the Certificate of Occupancy for any caretaker dwelling unit on the lot shall also be issued. 18. The following wildfire mitigation standards shall apply to all lots: a. Trees shall be planted at least 10 feet from any structures. b. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire hazard areas unless otherwise allowed by the Aspen Fire Protection District. c. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. d. Roofs and gutters shall be kept clear of debris e. Yards shall be kept clear of all litter, slash, and flammable debris. 00029 -8- ~'~; ~., . .. __ . 1111111111111111111111111111111111111111111111111111111 1514~~ ~~~~~e2~e1 10:04A RESOLt]TI DAYIS SILYI 451342 02/15/2802 11:00A ORDER DAVIS SILVI f. All flammable materials shaII be stored on a parallel contour a minimum of 1 S feet away from any structure. g. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. h. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. i. Swimming pools or ponds shall be accessible to Fire Department vehicles. j. Fences shad be kept clear of brush and debris. k. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. m. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation azound any above-ground tank. Any wood enclosure azound the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. n. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. o. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. p. New utility lines shall be buried within or along roadways. 19. All structures shall comply with the standards and requirements of the Aspen Fire Protection District. 20. The owners of lots 5 and 7 shall comply with the following standards for development on slopes of greater than 15%: , a. Adequate mechanical support shall be provided for cut slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. 000030 -9- E'~• ..n. i.? .. ~v x ~^ . ~~1 11111l111111111111illlll111111111111111111111111 430 02/13/Z001 10:04A RESOLUTI DAVIS S ~~~~ ! ~! ~~~~ 4S1g42 02/1°x/2001 11:00A ORDER DAVIS SILYI 2e es za a ~ .,,, _ __ .. _ _ ILY2 __ _ _ AA _ __ _ _ d. Disturbed slopes must be contoured so that they can be revegetated, e. Steepening of existing slopes shall be avoided. f. Cuts, fills, grading and excavation shall be confined to the mini _.mum area needed for construction. 21. Prior to submission of building permits for development on Lot 10, the owner shall submit a site specific debris flow mitigation plan for review and approval by the County Engineer. 22. No variances to the area, bulk and height requirement ofthe RS-20 zone district are approved as part of this review. 23. The Applicant and lot owners shall comply with the following provisions regarding irrigation ditches: a. Grant access to irrigation ditches to ditch owners. b. Constrict buildings uphill of irrigation ditches unless a ditch is culverted. c. Design land uses to avoid flooding problems from flood irrigation. d. Place basements and soil absorption sewage disposal systems in Locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. 24. The historic structures on the site, (the "Old Cabin", the "Newer Cabin" and the Braun Residence) shall be preserved, and restored as necessary, either in their existing locations or as relocated.within one of the approved building envelopes on the Main Ranch Parcel. The preservation restriction shall be subject to review and approval as to form by the Historic Preservation Officer prior to recording, 25. No development, including grading, excavation, fill placement, landscaping, vegetation removal or disturbance, septic system and well, shall occur outside of the approved.building and development envelopes, except agricultural and ranching uses and activities (including replacement as provided in Paragraph A.4.a(6), above), the use of equestrian, mountain biking and hiking trails, recreational activities, improvements to the existing ranch roads, utility and driveway extensions, maintenance and construction of the new entry off of River Road, installation of access control equipment, gates or walls at the entry to the development off of River Road, and to reclaim the gravel pit. Construction and development activity within the development envelopes shall be limited to landscape planting, irrigation and hay or other crop production, irrigation ponds, grading, drainage improvements and underground utilities, including septic tanks and leach fields. ~DD~U~1 -i0- ~~~~ 1~~~! ~i~ ~~~~t~~ ~! ~~~~ ~~'~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~ ~1i~ORflER. DAYIS 5ILYI 4S1'S42 02/15/2001 1 _ _ _.. ..., as u a aw PiTKIN COUNTY Ca ~~ ~ ~~:t~~0 X12/13/2001 10:04A RESOLUTI DAVIS SILYI °~S .w .G £d D A fAA !~ fa /lA •• w ww ~~~..-__ _ _.._.~.. _ 26. Areas disturbed by construction of access drives and installation of utilities shall be revegetated no later than one growing season after completion of work. 27. The area of and surrounding the abandoned gravel pit shall re-graded. and revegetated subject to approval by the County Engineer and the County Land Manager, concurrent with construction of the main entrance and the affordable housing. 28. The Subdivision Exemption Plat and 1041 Hazard Review Site Pian sha11 contain a description- and dedication of a ten foot (10') wide trail through the Main Ranch Parcel which connects the Denver and Rio Grande right--of-way along the westerly boundary of the Main Ranch Parcel to the existing primitive road on BLM land on the easterly boundary of the Main Ranch Pazcel. Use of the trail by the public shall be limited to hiking and mountain biking and the trail will not be paved Except for the owners of lots within the Main Ranch Parcel or the Remote Parcel and their families,_invitees and guests, no horses, dogs, motorized vehicles or commercial uses shall be allowed on the trail. The detailed terms and conditions of such use and the obligation ofPitkin County to provide indemnification and insurance coverage shall be set forth in a trail easement to be executed and recorded simultaneously with recording of the above referenced Plat. The County and the Applicant aclalowledge the potential for conflict and safety concerns due to use of the trail by mountain bikers. Accordingly, the County agrees to reevaluate the appropriateness of allowing mountain bike use on the trail at the request of the Applicant or future lot owners. 29. The Applicant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is the proposed use required to commence within 12 months of the daze of this approval, as would otherwise be required under the Special Review provisions in the Land Use Code. 30. The Applicant shall adhere to all material representations made in the initial application, the January 12 Settlement Proposal, or in public meetings to consider the initial application or the January 12 Settlement Proposal, and shall consider those representations to be conditions of approval, unless amended by other conditions. 31. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. B. The following conditions shall apply to the Remote Parcel. As used herein, the term "Applicant" refers to Woody Creek Ventures, LLC. 1. No later than sixty (60) days after recording the Plat for the Vlam Ranch Parcel, Applicant shall file an application for the rezoning of the Remote Parcel from RS-20 to Rural and Remote. The application shall contain ail information required by #~ie Pitkin County Land Use Code. The Applicant shall execute an acknowledgment that the application for rezoning cannot be withdrawn and a consent to its approval as submitted. The BOCC shall be entitled to impose 000032- -11- ., .._ III! ~ IIII!! Ill!! 111!!111111! 1111111111 hill Ill 1111!111! 1111... 31430 02/23/2001 10:04A RESOLUTI DAVIS SILVI 2 02/1'x/2001 11:00A ORDER DAYIS SILVI ~ .,s 3A R A AA o A t71A M 0.00 PITKIN COUNTY CO 22 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO reasonable and customary conditions on such approval with the consent of Applicant, which consent shall not be unreasonably withheld. 2. No more than 3 rural and remote cabins shall be allowed within the Remote Parcel. Any application for the approval of a Rural and Remote cabin shall be required to satisfy all of the applicable requirements of the Pitkin County Land Use Code including the requirements of the Growth Management Quota System. No approval for such cabins should be inferred or implied from the approvals granted for the Main Ranch Parcel. Applicant shall be entitled to apply for TDR Certificates for that portion of the Remote Parcel not utilized for Rural and Remote cabins which Certificates shall, to the extent required by Applicant, be utilized in connection with development of the 1VMaui Ranch Parcel. 3. At the time of recording of the Subdivision Exemption Plat and 1041 Hazard Review Site Plan referenced in Paragraph A.4., above, Applicant shall provide the BOCC with a ten foot { 10') trail easement through the Remote Parcel which follows the alignment of an existing primitive roadway connecting BLM land on the easterly boundary of the Remote Parcel to US Forest Service Land on the westerly portion of the Remote Parcel. Use of the trail by the public shall be limited to hiking and mountain biking and the trail will not be paved. Except for the owners of lots within the Main Ranch Parcel or the Remote Parcel and their families, invi#ees and guests, no horses, dogs, motorized vehicles or commercial uses shall be allowed on the trail. The detailed terms and conditions of such use and the obligation of Pitiiin County to provide indemnification and insurance coverage shall be set forth in the trail easement. The County and the Applicant aclrnowledge the potential for conflict and safety concerns due to use of the trail by mountain bikers. Accordingly, the County agrees to reevaluate the ~,Y~~y~iateness of allowing mountain bike use on the trail at the request of the Applicant or future lot owners. 4. The Applicant shall adhere to all material representations made in the initial application, the January 12 Settlement Proposal, or in public meetings to consider the initial application or the January 12 Settlement Proposal, and shall consider those representations to be conditions of approval, unless amended by other conditions. y 5. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. OQOU3~3 ~~ ~~s~a A?/'13/2Lf01 10:04A R~'Si3LilTI DAVIS SILVI -12- LL.~ ~.. i ingi niii mpi inuni iiimii iini inniuii ii mi C. Right to Deveionment/Vested Pronerty Riehts. Woody Creek Ventures, LLC ("Developer") shall have the right to undertake and complete development of Braun Ranch-2 and the facilities to be located thereon in accordance with the approvals described in Paragraph 2 of the Settlement Agreement between Developer, William Braun and the County (the "Settlement Agreement") and to use, occupy, sell, encumber or lease 5 Braun Ranch-2 and its facilities subject to the foregoing Conditions of Approval. Such rights shall vest in the owner ofBraun Ranch-2, and its successors and assigns, as benefits which shall run with title to the land. The Final Subdivision Exemption Plat and 1041 Hazard Site Plan, the Declaration of Protective Covenants for Braun Ranch-2, the Settlement Agreement and the order of the District Court entered pursuant thereto constitute a "Site Specific Development Plan" pursuant to C.RS. § 24-68-101, et seq. 2. The development rights and uses described above are vested for a period of five (5) years from the date on which the District Court enters an Order granting the approvals for Braun Ranch 2 as described in Paragraph 2 of the Settlement Agreement. During the vesting period, Developer and/or its successors or assigns shall not be subject to any addition, modification or amendment to the Land Use Code or to any other regulation not in e$'ect on the date of vesting which imposes restrictions or limitations on the use of land which are inconsistent with the approvals. described in Section 2 of the Settlement Agreement and in these Conditions of Approval, and in pazticulaz, additions, modifications or amendments to the following provisions of the RS-20 and Rural and Remote Zone Districts in effect on the date of this Agreement (all terms areas defined in the Fitkin County Land Use Code, unless otherwise noted): (1) allowed and prohibited uses; (2) minimum and maximum lot size; (3) road, property or stream setbacks; (4) requirements related to grading and fill placement; (S) preservation or creation of scenic view planes; (6) regulations concerning development on steep slopes; ('7) solar access; (8) drainage, erosion, sedimentation and. water supply; (9) regulations concerning areas or activities of local and state interest, 1041 Environmental Hazard azeas, including flood plain hazard areas or historic and archaeological resource areas; (10) wildlife habitat areas; (11} pazking; (12) trails; (13) lighting; (14) signs; (15) impacts on taxes and management of necessary services; (16) development exactions, including those for affordable housing; (17} any growth management regulation or ordinance; (18) any Planned Unit Development or Subdivision regulation or ordinance; (19} minor uses; {20) regulations and ordinances related tonon-conforming uses; (21) building height; (22} character of building materials, (23) provision for essential services; (24} maximum floor area, or the calculation thereof (and in particulaz the provisions Paragraph A.1 and A.14 of these Conditions of Approval}; (25) pets and domesticated animals; (26) mineral exploration; (2'~ mass transit; (28) provision for public facilities; (29) satellite dishes, whether used for recepti~'b~;: transmission or both; {30) temporary uses; (3I) wetlands; (32) growth management system ~ ~~ regulations; and (33) regulations relating to transferrable develapment rights as they ax~nly to the use of transferable development rights an the Main Ranch Parcel. Except for the foregoing, OOOt~34 -13- ~R1438 02/ 13/2001 ~0 ; 04A ~~~O~UTI QAVIS 1 11111111111111111 111111 II ~111111i 11111111111111111(111 Z4 of 30 R 0.00 D 0.00 N 0_o~a vTT~*., ,.,.. SILV2 ,~~ 2 02/f5 A RDER DAVIS SILVI -e ~A s ~ as n a as u a as PtTKTN r_rftiNTY C!! Developerand/or its successors or assigns shall be subject to other regulations and laws of general applicability and for the preservation ofoublic health.and safety as provided in. CRS 24-b1-101 et. se .adopted during the vested rights period. - 3. Notwithstanding any other provision of this Agreement, no provision hereof shall be construed to exempt Developer or any future owner or owners of Braun Ranch-2 from the necessity to obtain building permits or other necessary permits or approvals, nor shall any provision hereof be construed to preclude the application of the Uniform Building Code, Fire Code, Plumbing Code, Electrical Code, Mechanical Code, or other requirements reasonably necessary for the protection of the public health, safety and welfare. F-~.ClieutlWoody Cseek VenturesVSettlement Ag~eetaent - Cotwitioas of Approval -Srdun Ranch RYhbit C.wpd 000035 ~ ~~ ~~) 431430 02/13/2001 10:04A RE54LUTI AAYIS SILVI v1F 30 R 0.00 D 0.00 N 0.00 PITKIN Ca1lNTY CO :;~ ~` ~* IIIIIIIIIIIIIIIIIIIIIIIIIII~IIIflIIIIIINIIIIIIIIIIIII ! II 461430 02/23/2001 10:04A RESOLUTI DAVIS SILYI - I illlll IIIII 111111111 461'342 02/13/2001 111 111111 11:00A 1111 IIIII III 11 ORDER DAVIS 11111 11 1111 SILYI 3S 4f 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 26 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO r:x H ~ ~t t l TO EX>FRBTT C FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or stivcture. In calculating floor area, the following n~Ies apply: A. General: In measuring floor area, all dimensions shall be taken from the outside face of Beaming or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof Veneer facades up to eight inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. B. Roof Overhangs and Decks: The floor azea of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five feet (5'). These architectural projections are exempt for five feet (5') of the perimeter of each story of the structure. Architectural projections may project up to ten feet (10') and still be exempt, so long as the total perimeter space for a float is Less than or equal to the total area allowed for the five foot (5') exemption. This exemption cannot be used to transfer space between floors. C. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches (302) above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%) shall be counted toward floor area. D. Spaces BelowNatural Grade for Principal Single-Family and Duplex Residences: Spaces below natural grade, up to a maximum of twenty feet (20') in depth and which include no more than a single story, are exempt from floor area. calculation up to a maximum of four thousand (4,000) square feet of floor azea. Floor area below natural grade which exceeds the four thousand (4,000) square foot exemption provided herein shall count toward the calculation of allowable floor area.l:f any part of the below grade space is exposed above natural grade (such aswalk-out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress area as required by the Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the miniimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption Up to ten percent (10%) of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation of floor area so long as the finished grade covers the surface thatwould otherwise be.exposed. Garages up to seven hundred fifty (750) square feet may be incorporated into below grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. E. Garages and Carports: For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is asingle-family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fif3y (750) square feet. On a lot which contains a duplex, ' garage and carport flooi area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space is excess of the exempted areas shall - be included as part of the residential floor area calculation. When an existing legal single-family or duplex dwelling exceeds the =•M - 000036 ~ ~ w~ ~.; allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area from the exempt garage space. F. Crawl Space: Crawl spaces shall be exempt from the calculation of floor area, even if exposed above natural grade, so long as the height ofthe crawl space does not exceed five feet six incises (5'6'x. G. Attic Space: That portion of attic space where the distance between the floor and ceiling exceeds five feet six inches (5'6'~ in height shall count as floor area. F:1Client\Woody Creek Venurres~SettiemergAgreement - Condtiant ofAQpruva! -Braun Ranah ExiubitC.wpd I 451430 02/13/2001 10:04A RE5OLUTI DAVIS SILVI 27 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY Ca I Illlii Illll 1lilll 111 4gis42 02/13/2001 111 II 1111 11:00A 1111 Il ORDER lli Ili I DAVIS lllilf II 1111 SI 27 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -OOOU3? LAW OFFICES FREILICH, MYLER, LETTNER & CARLISLE `N ASPEN COLORADO TORNEYS AT LAW DAVID 1. MYLIIC P.C.' E MICFIAEL HOFPMAN' AOArtffIDIXQN V N ~-. MHO ~tq U . rn z 1r N ~Y a f-- i G ~+ ~~d ww ~~ m ~~om ~~ ~z ~~ m m .m ...: ~ = ~• o ~Nm :~ , , a _ .~ ~ ~ v~ -M O ~~nm ~' N ,r~c°~ J )- ,.. F- w~ >" ow x ,.. ~. ~ M ~ n. ~~ w - ~~ Qa, z mm mA ~~~ .~., ~ c ~rm ~m 9 ^ .9 v o ~an a~ --- ~ N A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 106 SOUTH MILL STREET SUITE 202 ASPEN, COLORADO 81611 FACSIMfLE (970)920-4259 TELEPHONE (970)920-1018 September 6, 2000 Pitkin County Commissioners 530 E. Main Street Aspen, CO 81611 EXHIBIT 2 TO EXFIISTT C Re: Braun Ranch Settlement Agreement -Affordable Housing Dear Commissioners: ' IN KANSAS CITY MISSO[1RI FREU.ICH, LEtnvER ~ C.-RLISLE ATTORNEYS AT LAW ROBERT K FREQ.ICf~ P.C. ='" btAR1TN L LETfNER, P.C. RICIiARDG, rsni t¢tF P.C' Si'EPE~N I. MOORS, P.G = S. MARK WtII']E v KYLE E FOOTS ~ .~Qf1AnOl40`, CM.NY',NC ~ CERTtFffa LAND USEPLANNERS L4CHAII.7. LAUER. AiCP II2TNIFERR. HARREI'i; A[Q' KIM S. BROPHY, A1CP In connection with the Settlement Proposal in the above referenced matter, Woody Creek Ventures, LLC, as successor to the St. Clair Company and William Braun, submitted a proposal for the construction and operation of 8 fully deed restricted affordable housing units containing at least 20 bedrooms. Our proposal envisions that these affordable housing units (the AH Project} will be operated as a rental project pursuant to the Aspen/Pitkin County Affordable Housing Guidelines which allow the owner of rental units to select tenants provided that those tenants otherwise satisfy pertinent requirements. Our obj ective has been and continues to be to provide housing opportunities first for individuals who are employed in connection with Brawn Ranch and secondarily to other qualified employees of Pitkin County. We understand that, at present, County regulations do not allow a developer to satisfy affordable housing mitigation requirements by providing privately owned rental housing. This change in policy is a result of the Colorado Supreme Court's recent decision in Town of Telluride v. Lot 34 Venture, LLC. In that decision, the Court determined that a condition of development approval which results in the control by local government of rental rates and occupancy requirements for privately owned residential units will violate the provisions of this State's rent control statute and be unenforceable. The Court acknowledgc, however, that the limitations of the Rent Control Statute do not apply to residential projects in which a Local government `has an interest" through a housing authority. Woody Creek Ventures believes that a restricted rental project provides significant benefit'. x„', .. s for the future operation of Braun Ranch and for the neighborhood. A rental project will greatly enhance the ability of Woody Creek Ventures, as developer, and the Braun Ranch Homeowner's Q Association and individual lot owners, as employers, to attract and retain a dedicated workforce ~ O O O O .; S FREII.ICH, MYLER, LEITNER & CARLISLE September 6, 2000 Page 2 consisting of individuals who will be able to perform their jobs in close proximity to their place of residence. The live/work proximity will also reduce traffic impacts. Because of these benefits, Woody Creek Ventures is requesting that the County Commissioners, in the context ofthe proposed Settlement Agreement and not as a condition of approval, waive its current policy precluding restricted rental housing and accept Woody Creek Ventures' voluntary offer to impose a perpetual restriction on the completed units which will satisfy the requirements of the Housing Guidelines far both rental and sale units. As additional consideration for the requested waiver, to further distinguish this AH Project from the Telluride case and to guard against the potential for invalidation of the rental restrictions, Woody Creek Ventures proposes the following: 1. The Aspen/Pitidn County Housing Authority will own an undivided 1/10 of 1% interest in the AH Project, including the Ranch Manager's unit, by and through a membership interest in a limited liability company which will hold title to the AH Project. Although the AH Proj ect will be managed by Woody Creek Ventures orthe Braun Ranch Homeowner's Association, the Operating Agreement for the limited liability company will provide for a distribution to the Housing Authority of the "profits", if any, from the operation, refinancing or sale of the AH Proj ect. The Housing Authority will be indemnified against any liability or responsibility for losses. 2. Woody Creek Ventures and its associates will provide the Housing Authority with the option to purchase the AH Project for an aggregate purchase price equal to the maximum restricted sates price for each unit at the time the option is exercised. The option will be triggered by a Court determination that the voluntary rental restriction is unenforceable. In the event of such. a determunation, Woody Creek Ventures will be responsible for all closing costs, including the cost of a Title Insurance policy which demonstrates merchantable title. Upon exercise of the option, the Housing Authority will be free to resell the units to qualifiedbuyers or to arrange. financing and retain ownership {100%) as rental units. In either event, employees working in connection with Braun Ranch will continue to have a priority for either the purchase or a rental of the units in question. Subject to the foregoing, we propose that the final Operating Agreement for the 3imited liability company which will hold title to the AH Project and the terms of the voluntary rental restrictions be approved in conjunction with the approval of the application to rezone the affordable housing site as contemplated in the Settlement Proposal. f ==ODUU~9 ~91 ~ 0Z/13/2001 10:04R RESOLIlTI DRVIS SILVI ~ „~ ~~ R ~.~~ D 9.00 N 0.00 PI7KIN CIIUNTY CII f 1lilll 11111111111 lillll111111l111lllll III1111111I1 Illl- 4E1°S4Z 0Z/13/2901 11:008 ORDER DRVIS SiLY2 9a ~! `9A a fA O1A T A aQ V /1 /1A S7TL Sas Aw~iVTV /~A FREII.ICH, MYLER, LETINER & CARLISLE September 6, 2000 Page 3 We look forward to the opportunity to discuss this proposal with you at your earliest convenience. If there are any questions, please do not hesitate to contact me. Very Truly Yours, FREIL.ICH, NIYLER, LEITNER & CARLISLE By: DJM:ag Enclosures cc: John Ely, Pitkin County Attorney David J. Myler F:1Clieat\Woody Crock VeatweslSettlementAgroement • Concitions of Approval -Braun Ranch Exhibit C.wpd -1 It 431403 Z~=s,000D 000 4N 0E00 PITKINVCflUN7 yCa 30 0 i iniii nm niiii iniii ii iiunii iini iii nii hm ~ni ADMINISTRATIVE DECISION- No 19; 2002 00001 c+' v J ADMLVISTRATIVE DECISION OF THE CONIlVIUNITY DEVELOPMENT DIl2ECTOR OF PITKIN COUNTY, COLORADO, APPROVI'iVG A MINOR AA~IEND>tiIENT TO A DEVELOPMENT PERMTI' FOR CHAPARRAL ASPEN, LOT 10 (WOODY CREEK VENTURES LLC) Administrative Decision No. ~ 2002 RECITALS 1. Pursuant to Section 3-200-080 of the Land Use Code, Woody Creek Ventures LLC ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") to allow a fence, grading and landscape screening outside of the approved building and development envelopes in order to provide screening from the adjacent equipment storage yard 2. The lot is zoned RS-20/PUD and contains 81.437 acres. 3. The propem~ is located on Upper River Road, and is described as Homestead 10, Chaparral Aspen (formerly known as Braun Ranch}. 4. The Board of County Commissioners ("BOCC") approved the Braun Ranch Settlement Agreement pursuant to Resolution No. 158-2000. The subdivision exemption plat and 1041 hazard review site plan were recorded in Plat Book 58 at Page 41. 5. Condition No. 25 of Exhibit C to the Settlement Agreement prohibits development outside of the approved building and development envelopes, including "grading, excavation, fill placement, landscaping...." 6. The Woody Creek Caucus Planning Commission and Howard Vagneur, the adjacent properly owner, have approved the proposed landscaping, grading and fence. 7. The Director finds that the proposed landscaping does not create any additional impacts on 1041 areas, and that the proposed amendment will not change the use of the proposed development or the basic character of the land, is consistent with action taken during the original review, does not increase of€site impacts, and will not endanger the public health, safety or welfare. THE DIItECTOR DOES HEREBY APPROVE the Chaparral Aspen Lot 10 Minor Amendment to a Development Permit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: All conditions of BOCC Resolution No. 158-2000 and the Settlement Agreement shall remain in full force and effect, except as amended herein. 2. Condition INTO. 25 of Exhibit C to the Settlement Agreement is hereby amended to permit landscaping, grading and a fence on Homestead 10 outside of the approved building and __,~, ~ =_"; " ;--:-~evEloutpnvelopes as shown on E,~chibit A: 3. ~ .~ The App~ca~trt shall adhere to alt material representations made in the application. t= ~_','~~ ~ ~ ~~'°~ ~~ jai 1. 1r~ • " ~ 1 r~ 1 .'.vJ [(//~,~~~ 71J~ T~ ! 296 Page: 1 of 3 O V O i! 4 2j SILVIA OAVIS PITKIN COUNTY CO 05/10/2002 11:1~F R 0.00 D 0.00 .Administrative Decision No. ~ l -2002 Page 2 APPROVED by the Director, this ~ day of V" ~~ , 2002. n Cindy Houben, Community Development Director PID #264309400001; Case #P154-01 SILVIA DgVIS PITKIN COUN7Y ~p 4~~?~63 (~ nn 05/10/ O O O U~ J R 0.00 a2e0 ~11:12F to D ~ o i~ a m ~~r v ~""'~. 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Woody Creek Ventures, LLC { ' J Aspen ,Colorado r 't !; ~~ t __._-- 000044 ADMINISTRATIVE DECISION No 64-2002 ooou4~ JAN-2.3-2003 THU 12 ~ 28 Pf1 FAX N0. ~~ ~~ - r~>~:~t~.y .. ~:•;,,~ s ,.P..;02/03 L ~ /~ J c IIII~~ii1ii1 ~ !Ii~i`~..1 1 `... ~ i~~~ ~]F{ 'Y .' :YC70~7 lf~ll ~~~~) I ~I~1 IIII `` 0°9a. 1 of 2 'I I I~1 ! 1~~~ I~~~ 1 02/2003 11 .32A S1lVlci ORVIS DITKSN CoUN7Y CO R 0.00 D 0.00 AP1VIIi\T1S'1'RAT>[Vr DECISCON O>•' TFiF COMMUNITY DCVELOPNIEN'C DI<RCCTOR OF PITKIN COUNTY, C.OLORAllO, AI'1'ROVING A MIN012 AIVILNDMENT TO A DEVEt,OFMENT YERAZrf f OR CI(APARRAL ASP~;N (WO<)DY CRI~,~h V~:NTtIT~tI:S L-LC) Ad rninistrative Recision No. ~ Z002 RECITALS 1 ~ Pursuant to Section 3-200-OSO of the Land Use; Cody, Woody Creek Venhtres ~,LC ("Applicant") has applied to the Community Development Director of Pitkin County; Colorado ("Director") to amend the approvals for "interim agricultural and equestrian facilities" oil each f~-tomesiead as fottows: A. '1'o allow caretaker dwelling units with the interim agricultural and equestrian facilities; and B. To ,i(low basements to be constructed below the intorim a~riculturat and equestrian facilities. ~. Tltc tut is Zoned RS-2U/PUC) and contains 62.091 acres. - '1'h~ property is located oft of Upper River Road, and is described as Chaparral Aspen, 1-iornesteads 1-10 (fka Aruu~ Ranch). ~• The Board of Cottnly Commissioners ("13000") approved die Braun Ranch Settlement Abreenle:nt pursuant to Resolution No_ I S fi-2000. The subdivision e;cemptiun plat and 1041 hazard review site pJ~tn were recorded in flat Gook 58 at face 41, and an ame~lded plat was recorded in Plot Book 62 at P1ge 99. The veClart1ti011 Of hl'otectl0n Covenants ("C.ovenants") was recordccl as Reception No. 457~4I . 5. Section 7.02 of the Covenants provides for the constructtott and utilization of agricultural and equestrian facilities within tl~c buildinb envelope o{i a Ho-nestead prior to and in lieu of a residence. This provision d{~cs not currently provide for basement space or caretaker dwelling units a,~sociatecf with ilte interim agricultural and equestrian facilities, though both arc: permitted as part of die 5ett[ement A~rec{nent. G. Section ~.3 f, of the Covenants provides for the construction ofa caretaker dwellinb unit on each I--Iomestead. 7- T'he Director finds teat the proposed amendment will not change the use; of the proposed development; is co{tsistent with action ta(cen during tlae originat review; does not change t1tC basic cltarncter of the approved use of the Iand; will not increase the: need for on-situ parking or utititios, or affect affordahlc housing, veneration; wilt not endanger the public he~{Ith, safety or welfare, or inereate the floor arc;a of the use. Potential off-sits impacts will h~ mitigated. '1'1-IF. I)ZttECTOIt DOIi!:S FTEREBY APPROVE a Minor Amendment to a Development I'erutit for Chaparral Aspen with regard to interim agricultural and equestrian fac;ilitics, subject W the foilowliib conditions, which shalt ru~1 with the lend and be binding o{1 all successors in interest: All conditions of BOCC Ttesohrtion No. 158.2000 and the Settlement Agreement shall remain in fi{II force and effect, except as amended herein. 2. Within 30 days of the date of this approval and prior to issuance of any building permits, the applicant shat! amend Section; 7.02 and 7.3G of the Declaration of 1'rotcctive Covenants. T'he Applicant shall submit tht ~i{nendrncnt to the Community Development Department for review and approval prior to recordation. 000046 JAhi-23-2003 THU 12 ~ 28 PM FAX h10. P. 03/03 -. 476805 Page: 2 of Z SILVIA OAVZS PITI(IN COUPJTY CO R 0,00 ~j~02p20 Q011:3ZFi ~- The Owner of a Homestead may construct :t caretaker dwellinb unit when a residcnce ar an interim agricultural and equestrian facility is consiructed• 4• 13as~mettts may be constructed below the interim agriculittral and equestrian facilities, but the basement space shall nat be hat~itablc and shall only be used for aariculturaf purposes. 5• The Applicant slta(1 adhere to a!1 material representations made in the application. 11,P1'ROVF,n by lire Director, this ~ ~{ay a f~/ • _, 2002- 7 ti Cindy Houben, Conttnunity Devclopmc;nt i~irecinr P1U t~2643091010071008/U09;2b43U9?01010;2643094Ui001/002; 2b43103010U4/OOS1006.2G4310301U03 U000~7 DECLARATION OF PROTECTIVE COVENANTS FOR CHAPARRAL ASPEN PITHIN COti NTY, COLORADO IIV~II,~III~~~IIN~INI~~WI~II~ ~='p;.~ ., OODU4S ~ ~ { ~ ~ ~' TABLE OF CONTENTS 1. DECLARATION - PURPOSES ......................................... -1- 1.01 General Purposes ......................................... -1- 1.02 Declaration . ............................................. -1- 1.03 No Further Subdivision .................................... -1- 2. DEFINITIONS AND AREA DESIGNATIONS ............................ -1- 2.01 Act ................................. ................... -1- 2.02 Agricnltnral Easement .................. ................... -1- 2,03 Annual Assessments .................... ................... -1- 2.04 Approval Order ...................... ................... -2- 2.05 Articles .............................. ................... -2- 2.06 Assessments .......................... ................... -2- 2.07 Association .......................... ................... -2- 2.08 Board of Directors, or Board ............. ................... -2- 2.09 Building Envelope ........... ........... ................... -2- 2.10 Caretaker Dwelling Unit ................ ................... -2- 2.11 ChaparraIAspen ................... .. ................... -2- 12 2 Common Elements ..................... ................... -~- . 2.13 Common Earpenses .................... ................... -3- 2.14 Common Parcel ....................... ......... . ......... -3- 2.15 County ............................... ................... -~- 16 2 Declarant ............................. ................... -3- . . 2.17 Declaration ............ ~ ............... ................... -3- 2.18 Design Guidelines ..................... ................... -3- 2.19 Development Envelope ................. ....:.............. -3- 2.20 Domestic Exempt Well ................. .................... -3= 2.21 Driveway Corridor ..................... _ . . .................. -3'- 2.22 Eligible Mortgage Holder ............... ................ . ... -3- 2.23 Final Plat ............................. ................... -3- 2.24 First Mortgage ....................... .......... . ......... -4- 2.25 First Mortgagee ...................... .................... -4- 2.26 Homestead or Homesteads ............. .................... -4- 2.27 Individual Purpose Assessments ......... .................... -4- 2.28 Irrigation and Pond Guidelines ....... . . .................... -4- 2.29 Land Use Code ....................... .................... -4- 2.30 Limited Common Elements ...... - :.... ..................... -4- 2.31 Member or Members .................. ..................... -4- 2.32 Mortgage ............................ .................... -4- -i- aaoocs IiiIRIIGIIlu19111NIpHINN~'~~~'i~i~d °~~:5';.=v. 2.33 Mortgagee ............................................... -4- 2.34 Mortgagor ............................................... -4- 2.35 Owner .................................................. -5- 2.36 Property Conveyed or Leased by Declarant .................. -5- 2.37 Review Committee ........................................ -5- 2.38 Roads ................................... .............. -5- 2.39 Special Assessments ...................................... -5- 2.40 Wildlife Protection Area ................................... -S- 3. ASSOCIATION MEMBERSHIP .......................... -5- 3.01 .............. Formation of Association .... 5 3.02 .............................. - - Board of Directors and Officers 3 03 ............................. -5- Association Rules . 3.04 ......................................... -6- Limited Liability ......................................... -6- 3.05 Membership ............................. -6 3.06 ................ - Voting .....:............................................ -fi= 3.07 Binding Effect .................................. -7- 3.08 .......... Enforcement 3.09 ............................................. -7- Power of the Association 3.10 ................................... -7- Other Association Functions 3.11 .... . ........................... -8- Notice to Maintain 3.12 .................. .................... -8- Mechanics' Liens .......................................... -8- 3.13 Special Provisions Regarding Association Property ............. -8- 3.14 Use of Common Parcel and Other Common Elements .......... -9- 4. ARCHITECTURAL CONTROLS ..................................... -10- 4.01 Review Committee .... ' ...... 0 4.02 .............. .............. -1 - Authority ....... 4.03 ........................................ -11- Conceptual Design Review : 4.04 ............................... -11- Final Plan Review .........................:............. -11- 4.05 County Staff Review and Comment . . 12 4.06 . ...................... - - Building Permit . ........................................ -12- 4.07 Variances .............................................. -12- 4.08 Standards for Approval ...................... -13- 4.09 ............. Rules and Regulations 4.10 .................................... -13- Written Records ......................................... -13- 4.11 Inspection and Compliance ......... . .......... -14- 4.12 ............ Review Committee Not Liable ............................. -14- 5. ASSESSMENT5 . . .............................~...................... -15- 5.01 Purpose of AssessmentslAssessmen# Lien ...... ............... -15- 5.02 Annual Assessments ...................................... -16- 5.03 Special Assessments ...................................... -16- 5.04 Individual Purpose Assessments ................... ....... -16- 5.05 Rate of Assessment ....................................... -17- 5.06 Establishment of Annual Assessment Period ................. -17- 5.07 Effect of Nonpayment ......... . .......................... -17- 5.08 Successor's Liability for Assessments ....................... -17- 5.09 Homestead Waiver ....................................... -18- 5.10 Statement from Association ............................... -18- 5.11 Assessments for Tort Liability ............................. -18- 5.12 Affordable Housing..... ............................. . .... -18- 5.13 Development Costs . ...................................... -t9- 6. INSURA.i~iCE ....................................................... -19- 6.01 Types of Insurance ....................................... -19- 6.02 Named Insured and Interests .............................. -20- 6.03 Insurance Proceeds .' ..................................... -20- 7. GENERAL RESTRICTIONS ......................................... -20- 7,01 Residential Uses ......................................... -20- 7.02 Interim Agricultural and Equestrian Facilities . .............. -26- 7.03 Final Plat and Approval Order ............................ -21- 7.04 Development Envelope ................................... -23- 7.OS Building Envelope ....................................... -23- 7.06 Driveway Corridor ....................... . ............... -24- 7.07 Use of Common Elements ................................. -24- 7.08 Limited Common Elements ............................... -24- 09 7 Domestic Animals .........:............................... -25- a . 7.10 Other Pets .............................................. -26- Y N ~, a ~ 7.11 Sorses ................................................ . -26- b. ~ ~ m 7.12 Other Livestock ..................................... . ~ ~" ~ ~ 7.13 Wildlife Protection Areas ...................:............. -26- ti~ b ~ 7.14 Boundary Line Adjustments by Owners ..................... -27- ~ °' ~ ® 7.15 Boundary Line Adjustments by Declarant ................... -27- 7.16 Utilities ................................................ -27- ~.a 7.17 ~ Enclosure of Unsightly Facilities and Equipment ........ . ..... -28- ~s,... 7.18 Satellite Dishes ................................... . ...... -23- ~-~ 7.19 Hunting and Firearms ................................... . -28- '~~ 7.20 Drainage and Erosion Control. • • • • • '2S- ~ "~> 7.21 Pest Control ............................................ -28- ~ -- ~ ~•-•= 7.22 Noxious or Offensive Activity ........................... -29- "'~~`v 7.23 No Mining, Drilling or Quarrying .......................... -29- ~"~~ 7.24 Completion of Construction -~ - • -29- Q 7.25 Fireplaces .............................................. . ® ~.~.. J 7:L6 Driveways .............................................. -29- ®¢ -ill- 0 QQOU51 7.27 Trees and Landscapin g Damage by Owners .. .......... .... -30- ...... . . ... 7.29 ~ ... ..... .......... 7 30 ........ . .... .... -30- .. . Sewa ge Disposal Systems ~ ............... ....... -30- ...... . _ 7.3I Limits on Certain Vehicles .. , ...... , ' ' ' ' ' • ' • • • -31- T ................ . 7 33 ~ '.... -31- .. . Dec larant's 7.34 Exteri L ' .. ................. ...... or ighting ............ 7.35 Construction a d S ..... .................. -31- ............... n ervice Access 7 36 ~ ... -31- . Caretaker Dwelling Units ~ • • ~ ' ' ' ' ' ' ' ' • • • • - • • - • • . -32- 7.37 Entrance to Chaparral Aspen . • • • • ~ - • • ~ ~ ~ ~ " " " " " ' • • • • • • -32- 738 Wildfire Mitigation Standards ....... ..................... -32- 7.39 Slope Standards -Homesteads 5 and 7 ............. . ......... -32- . 7.40 Debris FIow Mitigation Plan - Homeste : ' • • -33- ad 10 8- EASEYIENTS AND RIGHTS ..... , ... • ... • • • • -33- RESERVED . . 8.01 Easements Described on Plat ' ' .... .................... -33- 8.02 Development of Chaparral Aspen • . • • . • ~ • • ~ ~ ~ • • • • ~ ~ • • ' ' ' ' ' ' ' 8.03 Agricultural Easement .... ...................... -34- . 8.04 Utility Easements ............. ... -34- .................... . ........ ...... 8.05 Emer e g ncy Access Easements ............. • ........ -35- ......... 8.06 Trail Easements ...... • • • • • • . , .. , . • _3$_ 8.07 Relocation of Easements .,,,••,. ••••• -35- 9. .•..• WATER RIGHTS AND USE ......•.••••••-• ... -36- 9.01 Individual Domestic Eacempt Wei • .. ........ ............ -36- 9.02 Irrigation Ditches .... .................. -36- 9.03 Irrigation System ... ~ .............. .................... -36- .. 9.04 Ponds .......................... '.. -36- 10. ..... TER~'1~i 'AMENDMENT AND ................• ... -36- TERMINATION OF CO VENAN`rS 10.01 Term .......... 10.02 Amendments .. • .... ............... ' ........ -37- ................. . • -37- 10.03 Rule Against Perpetuities .............. .... ............. -37- 10.04 Termination .... ............... ....... -37- 11. ... . :vIISCELLANEOUS ... ............ ..... -38- 11.01 Interpretation of the Covenants.. • • . • . • ~ ~ ~ • ~ • ' ' ' ' ' ' ' - ' • - -38- 11.02 CotoradoLaw... ~~~~•••" ""'••••••••••.. -38- 11. 4 Disclaimer ..... ................... Notices and Re istr t ......•............ -38- ~ • ~ ~ g a ion of Mailing Addres 11.05 Distribuiian of Info ' ' ' ' ' " ' -38- s ~ ' ' ' ' ' ' ' rmation .~ 11.06 Non-Waiver • • • • • • -38- .... ................. ...... -39- .... ............ -iv- ~. 000052 ---- - _ ~ ~ _ ~ 457541 ~~` ~~ : ; - ' ` ~ . ~ . . OgVZS SILVIt7 PITKZN COUNTY CO 02.45p I A 8g~4 z e 70 R n w aa 12.07 Severability ............................................. -39- 11.D8 Run with the Land ....................................... -~9- 12.09 Enforcement aF Covenants by County ....................... -39- 11.10 Agricultural Exemptions . ................................. -40- ~ 45~54~ ~ ~ page: 6 of 94 vIS SILVIA P~TKIN COUNTY CO R ~70,~/14p 0000 2.45P oa -v- ~000~~ 1. DECLARATION -PURPOSES 1.01 General Purposes. Woody Creek Ventures, LLC, a Colorado limited liability company, is the owner of certain real property located in Pitkin County, Colorado, known as Chaparral Aspen, and more particulazly described on the Final Plat. As Declarant, Woody Creek Ventures, LLC intends to develop said property as a private community of Owners. Declarant intends that the Owners, trust deed beneficiaries, mortgagees and any other persons or entities now or hereafter acquiring any interest in Chaparral Aspen shall hold such interest subject and subordinate to all the rights, privileges, obligations and restrictions set forth in this instrument. In addition, an Association has been created to perform certain obligations described herein and to own, ho Id, operate and manage Common Elements and easements for the benefit of all Owners of Chaparral Aspen. 1.02 Declaration. To further the purposes herein expressed, Declarant, for itself and its successors and assigns, with respect to Chaparral .Aspen, hereby declares that all lands described on the Final Plat shall at all times be owned, held, used and conveyed as a planned community to be known as Chaparral Aspen, subject to the terms, provisions, conditions and restrictions contained in this instrument, which terms, provisions, conditions and restrictions shall be binding upon and inure to the benefit of Declarant and to any person or legal entity acquiring an interest in Chaparral Aspen. 1.03 No Further Subdivision. The Declarant, for itself and its successors and assigns, covenants that there shall be no further subdivision of the land within Chaparral Aspen, other than as contemplated in the Approval Order (as defined below) and no material development within Chaparral Aspen which is substantially different from that allowed by the Approval Order, or as represented in this Declaration, in the Development Agreement for Chaparral Aspen, or in any other document submitted to the County (as defined below) or other governmental entity as part of such entity's consideration of development approval for Chaparral Aspen. . 2. DEFINITIONS AND AREA DESIGNATIONS 2.01 Act shall mean the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-I01, et seq., as it maybe amended from time to time. 2.02 Agricultural Easement shall mean the easement affecting that portion of each Homestead as noted on the Final Plat which has been established for the benefit of the Association and is enforceable by the County as more particularly described in Section 8.03. The Agricultural Easement is intended to facilitate the preservation of imgated lands and agricultural purposes within Chaparral Aspen. 2.03 Annual Assessments shall mean the charges levied and assessed each year against a Homestead pursuant to Section 5.02 below. ~. II~IIII~II!I~III~JII~IkIIIII~IVIIIfliIIPIB °Hs°~•~ 2.04 Approval Order shall mean the Final Order of the District Court in and of +.he County of Pitkin, State of Colorado, approving the Settlement Agreement between Woody Creek Ventures, LLC, William Braun and Pitkin County, which Settlement Agreement was approved by Resolution No. 158-2000 adopted by the County on the 13th day of September, 2000, recorded as Reception No. 451430, on the 13th day of February, 2001, in the Pitkin County Records. The Approval Order was recorded as Reception No. 451542 on the 15th day of February, 2001, in the Pitkin County records. The Approval Order granted final approval for the development of Chaparral Aspen including conceptual submission approval, growth management quota system exemption, special review approval for transferable development rights receiving areas, replacement of legally established and historic structures, caretaker dwelling units and employee dwelling units and 1041 Hazard Review Approval. 2.05 Articles shall mean Articles of Incorporation and any amendments thereto for Chaparral Aspen Homeowners Association, Inc., a Colorado nonprofit corporation. 2.06 Assessments means both Annual (or regular) Assessments and Special Assessments. 2.07 Association means Chaparral Aspen Homeowners Association, Inc., a Colorado nonprofit corporation formed and incorporated to be and constitute the Association to which reference is made in this instrument to further the common interests of Owners of all Homesteads within Chaparral Aspen. 2.08 Board of Directors, or Board, means the governing board of the Association. 2.09 Building Envelope has meaning found in Section 7.05, below. Z.10 Caretaker Dwelling Unit means a dwelling unit which satisfies the requirements of the Land Use Code and Section 7.36 of this Declaration, and which is subject to the provisions of a specific restriction on its use and occupancy as required and enforceable by the Aspen/Pitkin County Housing Authority, or its successor. 2.11 Chaparral Aspen means all the Property shown on the Final Plat far subdivision of that name, including all Common Elements, Deed Restricted Affordable Housing and Homesteads of the 35 or more acres plus any additions or deletions thereto permitted under this Declaration; and shall also mean the Planned Community of that name created in Section 1.02 hereof. 2.12 Common Elements shall mean the Common Parcel and all improvements constructed thereon, and shall include, without limitation, the following: 2.12.OI all aspects of Chaparral Aspen identified as a common Element on the Final Plat;. and, UODUS~ -2- 2.12.02 In general, all other parts of Chaparral Aspen existing for the common uses of some or all of the Owners and ail other parts of Chaparral Aspen necessary or convenient to its existence, maintenance or safety or normally in common use. 2.13 Common Expenses means estimated and actual expenditures made or to be made by or on behalf of the Association, together with any allocations to reserve or sinking funds. 2.14 Common Parcel shall mean the land area designated on the Final Plat as Homestead 11, less the portion thereof utilized or subdivided for affordable housing, while it is owned and operated by the Association pursuant the Articles and By-laws of the Association.. 2.15 County shall mean. Pitkin County, Colorado. 2.16 Declarant means Woody Creek Ventures, LLC, a Colorado Iimited liability company, and any party designated as a successor or assign of the Declazant by a written instrument duly recorded in the real property records of Pitkin County, Colorado, which instrument, to be effective, need only be signed by Declazant. Such instrument may specify the extent and portion of the rights or interests being assigned by Declazant, in which case Declarant shall retain all other rights of Declarant not so assigned. 2.17 Declaration means this Declaration of Protective Covenants for Chaparral Aspen as recorded in the real property records ofPitkin County, Colorado, and as amended from time to time. 2.18 Design Guidelines means the Design and Development Guidelines for Chaparral Aspen which is attached to this Declaration as Exhibit "A". 2.19 Development Envelope means one or more azeas shown on the Final Plat for each Homestead within which certain limited development or other activity may occur, as more pazticulazly set forth in Section 7.04. 2.20 Domestic Exempt WeII means a water well permitted, drilled and operated in conformity with the provisions of C.R.S. 37-92-602 (b)1, as hereafter amended, modified or replaced, it being the intent that the domestic waterrequirements of the Homesteads will be provided by individual wells that aze exempt from the Colorado Priority System to the extent allowed by law. 2.21 Driveway Corridor has the meaning found in Section 7.06. 2.22 Eligible Mortgage Holder shall mean the holder of any first priority Mortgage encumbering a Homestead that has given written notice to the Association of said Mortgage. Such notice shall include a true copy of the Mortgage as recorded. f 2.23 Final Plat shall mean the Subdivision Exemption Plat and 1041 Hazard Review Site Plan for Chaparral Aspen recorded as Reception No. ~rJ"1 'SL}D , in Plat Book r'.3' ~ at Page Q Q ~ ~ ~ ~ "3" Amended to reflect Plat Book 58, see ~. Amendment recorded at Reception No. 460242 ~ ~~ '~ 1~~~~1 ~~~I~ llii 11 II ii 11 ~ ~ 9 ~ 94 f 94 ~~11~~ ~~l ~l~I~1~~ ~~~ ~~~ IIIIIII111il~~lflll{ __... _ ~• LI~j of the real property records of Pitkin County, Colorado, and any amendments thereto as may be duly approved by the County. 2.24 First Mortgage shall mean a Mortgage on a homestead which has priority oven all other Security Interests on the Homestead. 2.25 First ,Mortgagee shall mean and refer to any person named as a mortgagee or beneficiary under any First Mortgage, or any successor to the interest of any such person under such First Mortgage. 2.26 Homestead or Homesteads mean the subdivided land areas designated by the term Homestead and a number on the Final Plat. A Homestead is a Unit, as that term is defined by the Act. 2.27 Individual Purpose Assessments means any Assessment levied and assessed against fewer than all of Homesteads, as allowed by Section 5.04 below. 2.28 Irrigation and Pond Guidelines means the Irrigation and Pond Construction and Operational Guidelines for Chaparral Aspen which is attached to this Declaration as Exhibit "B". 2.29 Land Use Code means the Pitkin County Land Use Code, as it existed on the date the last of the Approval Order was enacted by the Board of County Commissioners. of the County, and including alI subsequent modifications thereof unless Chaparral Aspen is exempted from such modifications by the Approval Order, but only to the extent such modifications apply generally to all property within Pitlcin County. 2.30 Limited Common Elements shall mean and refer to those parts of the Common Elements which are either limited to and reserved for the exclusive use of the Owner or Owners of a particular Homestead or are limited to and reserved for the common use of the Owners of more than one, but fewer than all, of the Homesteads. Without limiting the foregoing, the Limited Common Elements shall include all limited Common Elements described as such on the Final Plat. All Limited Common Elements shall be used in connection with the applicable Homestead(s) to the exclusion of the use thereof by the other Owners, except by invitation. 2.31 Member or Members means Owners who are Members of the Association. 2.32 Mortgage means any mortgage, deed of trust or other security instrument creating a real property security interest in any Homestead, excluding any statutory, tax or judicial liens. 2.33 Mortgagee means any grantee or beneficiary of a Mortgage. f 2.34 Mortgagor means any grantor or trustor of a Mortgage. ooou57 -4- RtI~IIIIIIN!Inu'~IIInIIINII'~IIIIBINI~IQIItl °~:5::,;~: 235 Owner means the person or persons or legal entity holding record fee simple title to a Homestead. Declarant shall be entitled to treat the record title holder of a Homestead as the Owner thereof for all purposes. 2.36 Property Conveyed or Leased by Declarant means any real or personal property which Declarant sells, grants, assigns, conveys or leases to the Association including, but not limited to, buildings, other improvements, roads, trails, utilities, water rights, which water rights may include but not be limited to, wells, ditches, reservoirs or shares of stock in any ditch or reservoir company, signage, security gates, equipment, inventory, furniture, fixtures, fences, lighting, trucks or other vehicles. The Association shall be obligated to and shall accept title to, interests in, or rights to use or lease property which may be sold, assigned, granted, conveyed or leased to the Association by Declarant, subject to such reservations, restrictions and conditions as Declarant may reasonably provide. 2.37 Review Committee sometimes referred to as the Site and Design Review Committee, shall mean either the Board of Directors or a committee appointed by the Boazd of Directors of the Association for the purpose of reviewing and approving and improvements or changes to lands within Chaparral Aspen. 2.38 Roads means those roads shown on the Final Plat includes the Main Access Road which intersects with Woody Creek Road and the secondary access road which intersects with River Road as shown on the Final Plat. 2.39 Special Assessments means any special or extraordinary Assessment levied and assessed pursuant to Section 5.03 below. 2.40 Wildlife Protection Area means the rand azeas within Chaparral Aspen designated on the Final Plat as Wildlife Protection Areas which shall be maintained and operated in accordance with Section 7.13. 3. ASSOCIATION MEMBERSHIP 3.01 Formation of Association. The Association shall be a nonprofit Caiorado corporation charged with the duties and invested with the powers prescribed by law and as set forth in its Articles, Bylaws and this Declaration. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3.02 Board of Directors and Officers. The affairs of the Association shall be conducted by the Board and such officers as the Board may elector appoint in accordance with its Articles and' Bylaws as the same maybe amended from time to time. Th~Association by and through the Board shall govern and manage alI Property Conveyed or Leased by Declarant and any other .Association Property and shall enforce the provisions of this Declaration. The initial Boazd shall be comprised _ ~DDU~B -5- iiiiMiiiniii~iuiiuiiAiaiisflii~~iAiuiii 45s°::~ of three (3) members. The Board may also appoint various committees and hire employees. The Board shall determine the compensation to be paid to any employee of the Association. Declarant shall have the right to appoint and remove members of the Board until the earliest to occur of (a) sixty (60) days alder sale (recording deed) of the first six (6} Homesteads by Declarant, and (b) two (2) years after the last conveyance of a Homestead by Declarant in the ordinary course of business. By instrument signed by Declarant and duly recorded in the real property records of Pitkin County, Colorado, Declarant may sooner relinquish this right to appoint and remove members of the Board. After the period in which Declarant has the exclusive right to appoint and remove members of the Board, the Board. shall be controlled as provided in Section 3.06, hereof. 3.03 Association Rules. The Association may from time to time adopt, amend and repeal. ,°ules and regulations to be known as the "Chaparral. Aspen Association Rules" by a majority vote o f the Board. The purpose of the Association Rules shall be to implement, supplement or otherwise carry out the purposes and intentions of this Declaration. 3.04 Limited Liability. Neither the Association nor its past, present or future officers, directors, nor any employee, agent ar committee member of the Association, nor the Declarant shall be liable to any Owner or to any other person for any damage, act, omission to act, simple negligence or other matter of any kind or nature, except gross negligence. Without limit to the foregoing, the Association, the Board and that the Declarant shall not be liable to any party for any action or for any failure to act if it was in good faith and without malice. Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors shall conclusively be deemed to be in good faith and without malice. To the extent insurance carried by the Association far such purposes shall not be adequate, the Owners severally agree to indemnify the Association, the Board and the Declarant against loss resulting from such action or failure to act in good faith and without malice. The foregoing limitations of liability shall extend to the officers, agents, legal representatives and trustees of Declazant. 3.05 Membership. This Association shall be a membership association without certificates or shares of stock. The members of the Association shall be those persons or entities, including Declarant, who are the Owners, from time to time, of Homesteads in Chaparral Aspen as shown on the Final Plat. Membership in the Association shall automatically terminate when an Owner of one of the Homesteads ceases to be an Owner of such Homestead. 3.06 Voting. Each Member shall have one (I) vote far each Homestead such Member may own. The affirmative vote of a majority of the total of all Members entitled to vote on any matter. shall constitute approval of such matter. Where there is more than one record Owner of a Homestead, the several record Owners of such Homestead shall be required to designate, by prior written notice to the Association, the particular Owner who shall cast the one vote appurtenant to that Homestead. If the several Owners of any Homestead are unable or unwilling to designate a particulaz Owner to vote, then the membership appurtenant tout Homestead shall not be entitled to vote on any Association affairs until such a designation is made. Subject to the right reserved in Declarant as set forth in Section 3.02 above to appoint and remove members of the Board, in any aooa59 -6- I'IIIBIIIn~~!N~I~I~!NI~VII~~NN °s=s"~- election of the Board, every Owner entitled to vote (multiple Owners of one Homestead being entitled collectively to one vote) shall have a number of votes for each Homestead owned tunes the number of Board members to be elected. The candidates receiving the highest number ofvotes, up to the number of Board members to be elected, shall be deemed elected. 3:07 Binding Effect. Each Owner, each lessee of any Owner, and each of the aforementioned parties' respective families and guests, the heirs, successors or assigns of each Owner, any Mortgagee, and any other persons using or occupying a Homestead, shall be bound by and shall strictly comply with the provisions of this Declaration, the By-laws, the Articles, any deed restrictions and covenants, and all rules, regulations and agreements lawfully made by the Association. 3.08 Enforcement. The Association and Declarant shall each have the right and power to bring suit in their respective names for legal or equitable relief for any lack of compliance with any provisions of this Deciazarion or Hiles promulgated by the Boazd or Review Committee. In addition, the Association shall have the right to impose on any Owner monetary fines for any Lack of compliance with provisions of this Declaration or rules promulgated by the Boazd or Review Committee. In addition, the Association shall have the right to impose on any Owner monetary fines for any lack of compliance with provisions of this Declazation or Hiles promulgated by the Board or Review Committee and where such fines are not paid within the time provided, such fines maybe collected as an Assessment Lien as more fully described in Section 5.01 below. The failure of the Association or Declazant to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision or the enfarcement thereof. Any Owner aggrieved by a lack of compliance by another Owner may also bring suit for legal and equitable remedies. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shah be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees in connection therewith. 3.09 Power of the Association. Each Owner agrees that the Association has all the powers granted it under the Act and the Colorado Nonprofit Corporation Act and any amendments thereto or replacements thereof. Such powers shall include, without limitation, levying Assessments against Owners, imposing a lien on Homesteads for any unpaid or uncollected Assessments or penalties and foreclosing any such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property (excepting as such disposing of property may be limited in accordance with Section 3.13 below}, the adoption of rules and regulations, the defending, prosecuting or intervention in litigation on behalf of all Members, the borrowing of moneys for Association purposes and the right to pledge future income in order to secure such indebtedness. The term "pledge of future income" shall include the right to impose a Special Assessment for repayment of such borrowing and t$ assign such Special Assessment (and all lien and co lection rights appurtenant thereto) to the Lender as security for repayment thereof. The Association may exercise any other right, power or privilege given to it expressly by this ouooso^ p py~~p pI ~~II IIIR~I1~PtlI~I~~~II~I~~I ~`~S :t'a..r Declaration, the Articles and By-laws, or by law, and every other right, power or privilege reasonably implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege. 3.10 Other Association Functions. The Association may undertake, to the extent the Board m its sole discretion so elects, to provide any function(s) or service(s) for the benefit of all, or some, Members on such basis as the Board may reasonably determine. Such functions may be provided by the Association's employees or an independent contractor retained by the Association. With respect to any Chaparral Aspen function or service, the Board may establish "cost centers" for the operation thereof. A cost center shall mean the identification and aggregation of all costs reasonably estimated by the Board to be related to a particular function or service. Where cost centers are established, the Board shall have the discretion, based on benefits conferred, to determine which Members shall be charged for such benefits and what amounts shall be paid by each such Member. 3.11 Notice to Maintain. An Owner shall immediately report to the Association, in writing, the need for any maintenance, repair or replacement which is the Association's responsibility to provide. In the event of any disagreement as to the responsibility of the Association to provide, or the need for, said maintenance, repair or replacement, the good faith decision of the Board shall be final. 3.12 Mechanics' Liens. Declarant shall be responsible for the release of all mechanics' Liens filed with respect to the Association Property, or any part thereof, if any such liens arise or are alleged to arise from labor performed or materials :furnished at the instance of Declarant, or its agents, contractors or subcontractors. Except for work carried out on behalf of the Board, no labor performed or materials furnished with respect to Association property or Homesteads shall be the basis for filing a lien against any Association property. No labor performed or materials furnished at the instance of the Board shall be the basis for filing a lien against any Homestead. Each Owner shall indemnify and hold harmless each of the ocher Owners and the Association from and against any liability or loss arising from the claim of any Mechanics' lien against the Homestead of any other Owner, the Common Elements or any part thereof, for labor performed and/or materials furnished in work on the Owner's Homestead. Nothing in this Section shall be construed to restrict she right of any Owner to substitute a bond for any mechanic's lien as provided by C.R.S. § s8-22-131. 3.13 Specsal Provisions Regarding Association Property. The Property conveyed or Leased by Declarant and any other Association Property, including but not limited to, the roads, trail and utility easements and water rights shall, at all times, be owned, operated, maintained and exercised by the Association consistent with the provisions of this Declaration and in trust for the use, benefit and enjoyment of Owners of all Homesteads of Chaparral Aspen and their family members, guests and invitees. Except as to sales or leases in the ordinary course of operations, dispositions of worn, obsolete or damaged property or dispositions upon threat of condemnation, no sales, leases or other dispositions of Association Property may occur, except upon the prior written consent of all Owners and all Eligible Mortgage Holders, and notwithstanding the provisions of r~oous -8- t Fage : ~ ~'~`. m~fl l~i~~~ I~~ ~~~~~~~~ ~~l ~~1~~~! ~{~ ~~~~~1 ~~i 1~~~ 457 i4 ~ f 94 Section 11.02 below, no amendment to this Declaration may repeal or change this requirement, except upon the written consent of all Owners and all Eligible Mortgage Holders. 3.14 Use of Common Parcel and Other Common Elements. The Common Parcel shall be owned and administered by the Association pursuant to the terms of this Section. 3.14.01 While Common Pazcel is owned by the Association, it may be improved with stables and equestrian facilities, an equestrian gathering area, ponds, including one or more augmentation ponds, a maintenance and operations center for Chaparral Aspen, a ranch manager's office and residence, buildings for equipment and/or feed storage, agricultural construction and maintenance supplies. The design and construction of all such improvements shall be subject to review by the Review Committee, as described in Article 4, below, and the conditions of the Approval Order. 3.14.02 The Deed Restricted Affordable Housing, including a ranch manager's residence required by the Approval Order shall be located on Common Pazcel; or a separate lot subdivided from Common Pazcel. AlI of the units shall initially be owned and operated by the Declarant and the Aspen/Pitkin County Housing Authority, but may be subdivided or condominiumized and either rented or sold to qualified employees in accordance with the standards and criteria of the Affordable Housing Guidelines of the Aspen/Pitkin County Housing Authority and the conditions of the Approval Order. Renter and buyer qualifications as well as maximum rent atnd sale prices shall be based upon such guidelines as they apply to the units. Neither the Declarant, Aspen/Pitkin County Housing Authority nvr any individual owner of an affordable housing unit will be considered an "Owner" under Section 2.35 of this Declaration. However, subject to approval by the Declarant and Pitkin County, nothing herein shall preclude the Declarant from forming a separate association and executing and recording a separate declazation of protective covenants to govern the use and operation of affordable housing to be constructed on Common Parcel or a subdivided portion thereof. 3.14.03 The Association shall actively utilize those lands within Chaparral Aspen which are subject to the Agricultural Easement in agricultural production. The Association shall employ a ranch manager who is knowledgeable and experienced in agricultural for the purpose of producing hay and other products necessary for the continued viability of the use ofsuch lands in agricultural production. In addition, the ranch manager shall be responsible for the care and maintenance of horses boarded on the Common Parcel by Owners, the maintenance of roads and other Association Property, and such other duties as the Board may, from time to time, assign. The ranch manager shall be the employee ofthe Association, and shall serve at the pleasure of the Board, subject to the policies and procedures it shall establish from time to time. The ranch manager shall be responsible for administering all other employees of the Association, including hiring, firing, employee benefits, and administering the employee policies and procedures established by the Association. Major decisions concerning employee matters of the Association shall rest with the Board. The .~ ... -9- ., ,, .. .. ~~000062 RIIII~IIIIIIIIIII'IiIIk9~IINIItiIAi~lllll!91 ,°..'s,".. ,. ranch manager shall have a right to advise the Board concerning such matters. The Board shall be solely responsible for determining which employee matters relate to "major decisions." 3.14.04 Any equestrian facilities constructed on Common Parcel will be managed for the exclusive use of Owners and their guests. The Owner(s) of each Homestead may board no more than two (2} ho ses on the Common Parcel at no cost above that included in the Annual Assessments allocated to such Owner(s). Additional horses may be boarded on the Common Parcel at an additional fee subject to the policies of the Association and the availability of space. Normal horse boarding will include feeding and pasturing only. Other services such as stabling, shoeing, grooming, veterinary services, exercising, training and teaching maybe available at additional cost through the ranch manager at rates established by the Board from time to time. Na horses other than those belonging to Owners and Association staff maybe boarded on Chaparral Aspen. No commercial horse operations such as breeding, raising or training will be permitted at Chaparral Aspen without the prior approval of the Board as communicated to the ranch manager. All other aspects of the keeping, maintaining and use of horses at Chaparral Aspen shall be determined by the Board, with the advice of the ranch manager if requested by the Board. 3.14.05 All water rights transferred to the Association as Property Conveyed or Leased by Declarant shall be used by the Association in the operation and maintenance of Chaparral Aspen, unless the Owners elect to make a different use of said water rights, in which case the water rights, a portion of them, maybe used for another purpose or conveyed to an Owner or a third party. Nothing in this Section shall authorize the use of any water right which would violate the Approval Order or a decree of any court having jurisdiction. 4. ARCHITECTURAL CONTROLS 4.Oi Review Committee. The Site and Architectural Review Committee ("Review Committee"} shall be composed of at least three (3} natural persons appointed by the Board. The Board may remove a member of the Review Committee and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Review Committee. The memb~:~s of the Review Committee may or may not be Board members or Owners and may include one or more professionals such as an architect or other design professional paid by the Association to perform such services. The Review Committee shall have and exercise all the powers, duties and responsibilities set out in this Declaration. The Review Committee may at the expense of the Association hire any professionals or a. secretary or other personnel to perform administrative, clerical and other functions. So Long as Declarant elects a majority of the Board of the Association, then Declarant may act as the Review Committee. The Review Committee may establish and charge a fee for all mateers requiring its review and approval, and shall require applicants for approval to reimburse the Review Committee for all out-of-pocket expenses incurred in connection with its activities hereunder. U~(~U63 -10- !'NIhnlBlp~ll!n~~lilll~ul~ll~~llllfll °4~=°'~s~_. 4.02 Authority. Except as otherwise provided in this Declaration, na improvements of any kind or changes in the natural condition of any Property within Chaparral Aspen, including, but not limited to, the construction or renovation of dwellings or other structures, outbuildings, well enclosures and pipelines, fences, grading, planting, ponds, pazking areas, walls, gazages, roads, driveways, antennae, satellite dishes, flag poles or the like, shall be erected, altered or permitted to remain on any Homesteads, or within any Development Envelopes, or elsewhere on Chaparral Aspen, nor shall any excavating, clearing or landscaping be done thereon unless complete architectural plans and specifications and a site plan showing the location and orientation for such construction or alteration or landscaping are approved by the Review Committee prior to the commencement of such work. Any work performed by or on behalf of Declarant, to any of Chaparral Aspen including, but not limited to, construction of amenities, subdivision infrastructure and the like, shall not require approval of the Review Committee. If Declarant ceases to act as the Review Committee as allowed in Section 4.01 above, the approval of Declarant shall still be required for the initial construction of any residence on Chaparral Aspen. The foregoing requirement to obtain the approval of Declazant shall be limited to the initial construction of any residence in Chaparral Aspen and shall continue so long as Declarant remains the Owner of any Homesteads in Chaparral Aspen. In addition to obtaining the foregoing approval of Declarant, Owners shall also be required to obtain all requisite approvals from the Review Committee. 4.03. Conceptual Design Review. Owners ar other entities who anticipate constructing improvements on lands within Chaparral Aspen shall submit preliminary sketches with a site plan of such improvements to the Review Committee (and Declarant for the initial construction of any residence in Chaparral Aspen) for informal and preliminary approval (with or without conditions) Y or disapproval. The contents of any proposed preliminary sketches and site plan shall conform with the requirements set forth in the Design Guidelines as approved by the County. All preliminary site and architectural sketches shall be submitted in at least five (5) sets (three (3) of which shall be reduced to 11" by 17"), and shall contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Review Committee to act intelligently in giving an informed preliminary approval or disapproval. Persons -- contemplatingthe purchase of any Homestead may submit preliminary sketches with site plans for purposes of obtaining an informal approval hereunder. The Review Committee (and Declarant for the initial construction of any residence in Chaparral Aspen) shall not be committed or bound by any preliminary or informal approval or disapproval. Within two weeks following the conceptual review meeting, the Review Committee shall issue a written response to the applicant that describes the Committee's concerns and outstanding issues and which summarizes the comments made by Committee members at, or as a result of, the meeting and the documents submitted by the applicant. 4.04 Final Plan Review. At least five (5) complete sets of the architectural and site development plans and specifications shall be submitted to the Review Committee (and Declazant for the initial construction of any residence in Chaparral Aspen} along with a complete list of all materials and colors to be used. Three (3} of these sets shall be reduced to 11" by 17": All copies of the complete plans and specifications shall be signed for identification by the Owner or his architect. The Review Committee (and Declarant for the initial construction of any residence in OODU64 -11- ~~ ...~ . III~II~II~I!YIIflIIgIInIIIIAI~III~~ilu ^~.~s^, Chaparral Aspen) shall have the right to request whatever additional specific information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. The Review Committee (and Declarant for the initial construction of any residence in Chaparral Aspen) shall certify to the Owner, in writing, when the submission is complete. The majority vote of the members of the Review Committee (and the approval of Declarant for the initial construction of any residence in Chaparral Aspen) shall be required for approval of plans; provided, however, that in the event the Review Committee (and Declarant, in the event of the initial construction of any residence in Chaparral Aspen) fails to take any action within two weeks. after all required copies of the complete architectural and site development plans, specifications, materials and colors have been submitted to it and the submission has been certified in writing by the Review Committee (and Declazant for the initial construction of any residence in Chaparral Aspen) as complete, all of such submitted architectural plans shall be deemed to be approved. The Review Committee shall not unreasonably disapprove architectural plans. The Review Committee (and Declarant for the initial construction of any residence in Chaparral Aspen) shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these covenants. Within two weeks of the meeting, the Review Committee, in its sole discretion, shall either approve, approve with conditions, or disapprove the final plan in writing, provided, however, that approval of any and all Owner ponds shall be in strict conformity with the Irrigation and Pond Guidelines. If an application is denied, the applicant may resubmit a revised plan at any time, subject to the fees established by the Review Committee from time to time. 4,05 County Staff Review and Cornrnent. One copy of the Conceptual Design Materials and the Final Plan Materials shall be provided by the Owner/Applicant to the Pitkin County Community Development Department for its review and comments. The Review Committee shall consider the comments and recommendations of the Pitkin County Community Development Department and its review and action on the Conceptual Design and the Final Plan. 4.06 Building Permit. An Owner may apply for a building permit from the County at any time; provided, however, the plans submitted to the County shall not differ in any way from the plans approved by the Review Committee. If the plans submitted to the County differ in any way from the plans approved by the Review Committee, all approvals of the Review Committee shall be deemed automatically revoked. Any Owner applying far a building permit must first provide to the Review Committee structural drawings approved by a Colorado registered professional engineer, and apply for and obtain approval for a septic permit from all governmental entities having jurisdiction. 4.07 Variances. The Review Committee may, by an affirmative vote of a majority of the members of the Review Committee, allow variances as to any of the architectural controls contained in this Declaration and/or policies or rules promulgated by the Review Committee or contained in the Design Guidelines, on such terms and conditions as it shall require. Further, any matter requiring a variance from County land use, building or zoning regulationsshall also .require an approval from Review Committee. No variances to area and bulk requirements of Pitkin County Land Use Code uuous5 -12- !IIIIIIIMt1111iIIRII~IIIiIIVN~~IW~ll~l'IV °;:':5,°'~.;°.,. any plans for approval or to any Owner or Owners of lands within Chaparral Aspen, or as a consequence of inspection and compliance activities conducted pursuant to this Section 4, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regazd to such plans or activities. Neither Declarant nor the Review Committee shall have liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions ofDeclarant and the Review Committee shall be governed by these covenants and any rules or regulations duly adopted by the Review Committee pursuant to these covenants. 5_ ASSESSl~1ENTS 5.01 Purpose ofAssessments/Assessment Lien. Ali Members ofthe Association hereby covenant and agree, and each Owner by acceptance of a deed to a Homestead including public trustee or sheriff's deed, is deemed to covenant and agree, to pay the Association both Annual Assessments, Special Assessments and individual Purpose Assessments, all such. Assessments and chazges to be established and collected as hereinafter provided. Annual Assessments, Special Assessments and Individual Purpose Assessments, together with interest, costs, and reasonable attorneys' fees, shah be secured by a lien (the "Assessment Lien's on the Homestead to which they relate in favor of the Association, which shall be a continuing servitude and lien and upon the Homestead against which each such Assessment or charge is made. Where there is more than one Owner, each shall be jointly and severally liable for all Assessments. 5.01.01 Under the Act, the Association has a statutory lien on a Homestead for Assessments and for fines imposed against its Owner from the time each Assessment or fine becomes due. In addition, fees, charges, late charges, attorneys' fees, fines and interest charged pursuant to this Declaration or the Act are enforceable as Assessments. If an Assessment is payable in installments, the foil amount of the Assessment is a lien from the time the first installment thereof becomes due. 5.01.02 The statutory lien for Assessments is prior to all other liens and encumbrances on a Homestead except: (i) liens and encumbrances recorded before the recordation of this Declaration; (ii} a lien of a First Mortgage which was recorded before the date on which the Assessment sought to be enforced became delinquent; and (iii) Iiens for real estate taxes and other governmental assessments or charges against the Homestead. Notwithstanding the foregoing, the statutory lien for Assessments is also prior to the lien of a First Mortgage to the extent of an amount equal to the Common Expense Assessments based on a periodic budget adopted by the Association which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution of an action to enforce the statutory lien. 5.01.03 The recording of this Declaration constitutes. record notice and perfection of the statutory Lien. No further recordation of any claim of lien or Assessment is required; however, a claim may be recorded at the Association's option, in which event costs and 'x . -15- ooooss NIIIIIHnIIUllllll~l%NIIIIIGIIIIINIII~M~II~n os~sa~ y attorneys' fees incurred in connection with the preparation and filing of such claim shall be assessed against the Owner and his Homestead as a default Assessment. 5.02 Annual Assessments. Commencing with the yeaz in which this Declaration is recorded, an Annual Assessment shall be made against each Homestead based upon an annual budget approved by the Board for the purpose of paying Common Expenses, cost center functions or services allocated to certain or all Homesteads including, but not limited to, water service, reserves for operating deficiencies, a sinking fund for capital improvements or any other matters reasonably determined by the Board to be the subject of an Annual Assessment. 5.03 Special Assessments: In addition to the Annual Assessment authorized above, the Association may levy, in any Assessment period, a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, or for other extraordinary expenses; provided that any Special Assessment in excess ofThirty-five Thousand and 00/100 Dollars ($35,000.00} shall (except in the event of an emergency where there shall be no such limit} first be approved by pursuant to the provisions of Section 3.06 herein. Further and for so long as Declarant owns any Homestead, the Association shall have no right (except in the event of an emergency) to levy a Special Assessment without having first obtained the written consent of Declarant. For purposes of this Section, the term "emergency" shall mean any loss or damage, actual or threatened, to persons or property. 5.04 Individual Purpose Assessments. 5.04.01 In addition to the Annual Assessments and Special Assessments hereinabove _ provided, the Boazd may, at any time, and from time to time, determine, Levy and collect Assessments against any one or more, but fewer than all, of the Homesteads, for any matters of maintenance or repair, replacement or improvement reasonably applicable only to such Homesteads or to any Limited Common Element appurtenant to that Homestead or those Homesteads. Such Individual Purpose Assessments may be levied against individual Homesteads to pay or reimburse the Association for any costs, expenses, fees, and other charges, incurred or reasonably anticipated to be incurred by the Association, for maintenance, repair, replacement and improvement, or any other purpose, of or with respect to the Homestead against which such Individual Purpose Assessment is levied which are not applicable to all the Homesteads. Where special cost centers are established as described in Section 3.10 above, Individual Purpose Assessments will be charged to Homesteads participating in or receiving benefits on such basis as the Board may determine. 5.04.02 The amounts determined, Levied and assessed pursuant to Section 5.05, shall be due and payable as determned by the Board provided that written notice setting forth the amount of such individual gurpose Assessment for each Homestead and the due date(s) for payment thereof shall be given to the Owners of the affected Hon steads not less than thirty (30}days prior to the due date. OOOJ67 -15- !IIVNI!IIH'!Ililll!11~11~I9~II~IINIBII'~ "~'sa'• ,._- 5.05 Rate of Assessment. Except as otherwise provided herein, Annual Assessments, Special Assessments and Individual Purpose Assessments shall each be fixed based on the amount o f the Assessment divided by the number o f Homesteads that are obligated to pay Assessments, and may be collected on a yearly basis or more often as the Board so determines. 5.06 Establishment of Annual Assessment Period. The period for which the Annual Assessment is to be levied (the "Assessment Period's shall be the calendar yeaz, except that the first Assessment Period shall commence upon the recording of this Declaration and terminate on December 31 of such year. The Boazd in its sale discretion from time to time may change the Assessment Period_ The Board shall fix the amount of the Annual Assessment against each Homestead at least thirty (30) days in advance of the beginning of each Assessment Period. Written notice of the Annual Assessment shall be sent to each Member. Failure of the Association to timely f x the Annual Assessment or to send a bill to any Member shall not relieve the Member of liability for payment of any Assessments or charges. The due dates for payment of any Assessments shall be established by the Board. 5.07 Effect of Nonpayment: Any Assessment or charge or installment thereof not paid when due shall be deemed delinquent and, in the discretion of the Board, may bear interest from and after the due date until paid at a rate set by the Association, but in no event greater than applicable law. The delinquent Member shall also be liable for all costs, including attorneys' fees, which may be incurred by the Association in collecting a delinquent Assessment. The Board may also record a Notice of Delinquent Assessment or charge against any Homestead as to which an Assessment or charge is delinquent. The Notice shall be executed by an officer of the Board, set forth the amount of the unpaid Assessment, set forth the name of the delinquent Owner and contain a description of the Homestead and shall, upon recording, constitute an Assessment Lien. The Board may establish a fixed fee to reimburse the Association for the Association's cost in preparing and recording such notice, processing the delinquency and recording a release of said lien, which fixed fee shall be treated as part of the delinquent Assessment secured be the Assessment Lien. The Association may bring an action at law against the Owner personally obligated to pay the delinquent Assessment and/or foreclose the lien against said Owner's Homestead. No Owner may waive or otherwise avoid liability for the Assessments provided for herein by non-use of the benefits derived from Assessments or abandonment of his Homestead. No delinquent Member shall be entitled to vote on any Association matters until the Assessment due, with interest and all other costs, shall be paid in full. Where Assessments due from any Member are more than six (6) months delinquent, the Association may temporarily cut off any or all Association services or benefits including water service to such Homestead, until all delinquent Assessments are fully paid. 5.08 Successor's Liability for Assessments. Notwithstanding any terms and provisions of this Declazation to the contrary, the sale or transfer of any Homestead shall not affect the personal obligation of the Owner for the payment ofAssessments, charges, costs or fees levied hereunder, or the lien for Assessments, charges, costs or fees levied here,~uider, except that sale or transfer of a Homestead pursuant to foreclosure of a First Mortgage or any proceeding in lieu thereof, shall extinguish the lien of Association Assessments, charges, fees and costs which become due after the oooos~ -17- ~t _ . IIIVI~IIII~IIIIIIII91111111~IIIOIIIiIVIIIIN :.; s"., ,. recording of the First Mortgage and prior to any such sale or transfer or foreclosure, or any proceeding in lieu ther:,of, except to the extent the lien of the Association has priority over the First Mortgagee under Section 5.01 above; provided, however, that any such Assessments, charges, costs or fees which are extinguished as provided herein maybe reallocated and assessed to all Homesteads as a Common Expense. Further, no First Mortgagee shall be personally liable for any unpaid Assessments, charges, costs or fees, or portion thereof, accruing against a Unit prior to the time such First Mortgagee takes title to such Unit pursuant to any remedy provided in its First Mortgage or by law. The sale, transfer, foreclosure or any proceeding in lieu of a foreclosure of a Homestead shall not relieve the person or entity who becomes an Owner by reason of such sale, transfer, foreclosure or any proceeding in lieu thereof from liability for any Assessments, charges, costs or fees or any portion thereofbecoming due after such sale, transfer, foreclosure, or any proceeding in lieu thereof, and such Homestead shall be subject to the lien for such subsequent Assessments, charges, costs and fees. 5.09 Homestead Waiver. The Association's lien on a Homestead for Assessments, charges, costs and fees provided for herein, shall be superior to any Homestead exemption as is now or may hereafter be provided by state or federal law. The acceptance of a deed to a Homestead shall constitute a waiver of the Homestead exemption against all such Assessments, charges, costs and fees_ 5.10 Statement from Association. Upon written request and payment of such reasonable fee as may be set by the Association, the Association shall issue a written statement to any grantee or Mortgagee verifying the status of all Assessments or charges affecting the Homestead. Any statement as to the existence or amount of any delinquencies shall, absent manifest error, conclusively bind the Association. 5.11 Assessments for Tart Liability. Zn the event of any tort liability against the Association which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as a Special Assessment. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equitable principles. regarding liability for negligent or willful acts or omissions. 5.12 Affordable Horsing. None ofthe affordable housing units constructed on Common Parcel or a subdivided portion thereof shall be liable for any annual or special assessments as provided above. However, in the event that a separate association is formed to govern the use and operation of such affordable housing, the declaration ofprotective covenants governing such use and operation may include a provision for annual and special assessments. The affordable housing parcel or lot will be subject to a special purpose assessment to cover alI operations, and maintenance, including a replacement reserve and replacement of the domestic and raw water irrigation systems that serve that portion of the lot and which may be constructed by Declarant or Declarant's successor, including, but not limited to, opez~tional, legal, accounting, repair, replacement and maintenance costs and reserves related top Pond 12, the WCW Well Field No. 1 and the Pian for Augmentation decreed in Case No. OOCW2I6, Water division No. 5. ooooss -18- IdI~IIVINNU'~II91!!IInnWIiNIN~BN'IV °u's°:.-... 5.13 Development Costs. No Owner shall be Iiab le for any portion ofthe costs to develop Chaparral Aspen as described and guazanteed in the Development Agreement for Chaparral Aspen dated 5E4Y~~t~'~ t~-~i. , 2000by and between the Boazd of County Commissioners of Pitkin County and the Declarant, recorded Ae4oST 1~1-~h , 2001 in the Pitkin County records as Reception No. ~1 ~Ua and the Association shall have no authority to make or Ievy any assessments for the purpose of paying such development costs. 6. INSURANCE 6.01 Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage, if appropriate: 6.01.01 Property and fire insurance with extended coverage and standard all-risk endorsements, including vandalism andmalicious mischief, onProperty Conveyed or Leased by Declarant or any other Association Property. The total amount of insurance, after application of deductibles, shall be 100% of the replacement value of the insured Property exclusive of Iand, foundations and other items normally excluded from property policies. 6.01.02 Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board, covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the ownership, operation, maintenance or other use of Association Property. This policy shall also cover operation of automobiles or other vehicles or equipment on behalf of the Association. 6.01.03 Workmans' compensation and employer's liability insurance in the amounts and in the forms required by Iaw. 6.01.04 Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. 6.01.05 Coverage of members of the Board and officers of the Association against libel, slander, false arrest, invasion of privacy, and errors and omissions and other forms of liability generally covered in officers' and directors' liability policies. 6.01.06 Coverage against such other risk of a similar or dissimilar nature. as the Boazd deems appropriate. 6.01.07 Notwithstanding the preceding, the Assocj,~tion shall be permitted, if allowed by the Act, to omit any of the coverage described in (d), (e) or (f) above, where premiums aze unreasonably expensive or the coverage is not available in the geographic area where 0~0~~0 -19- II~INIIII1111Itl~BIIIIII~INII!91niNl9~ln °~':s°'-w,... Chaparral Aspen is located or the coverage is not offered by a carrier of sufficient credit rating. 6.02 Named Insured and Interests. The Association shall be the named insured under each of said policies. Where appropriate, the named insured may be any ditch or reservoir company owned or controlled by the Association or the officers and directors of the Association, or the officers and directors of any ditch or reservoir company owned or controlled by the Association. Policies of insurance shall also name Declarant as an insured so long as it shall retain any interest in Chaparral Aspen. Where appropriate, sepazate Owners may also be named insureds. The certificate or memoranda of insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall he issued to the Association, and upon request, to Declarant and to any Owner who is a named insured or to any Eligible Mortgage Holder. 6.03 Insurance Proceeds. The Association shall receive the proceeds of any insurance purchased by the Association. In the event of damage or destruction due to fire or other disaster, if the insurance proceeds are sufficient to reconstruct the improvements, the Association shall promptly cause such reconstruction to occur. If the insurance proceeds aze not sufficient for such purpose, the Association may levy a Special Assessment against the Owners for such deficiency. 7. GENERAL RESTRICTIONS 7.01 Residential Uses. Each Homestead shall be used only for residential purposes and such accessory or incidental uses thereto as may be permitted by the Approval Order or under the Land Use Code, consistent with this Declaration. No commercial activities may be conducted on any Homestead. On each Homestead there shall be constructed only one single-family residence and such accessory or incidental structures as maybe permitted by the County in accordance with its land use regulations, the Approval Order and as approved by the Review Committee. All accessory structures shall be contained in a Building Envelope. Notwithstanding anything in this Section to the contrary, where a Homestead is burdened by an Agricultural Easement or Natural Open Space Easement, the portions of the Homestead so encumbered may be used solely for the purposes designated in the easement. The foregoing provisions do not apply to the Common Pazcel, the use of which shall be governed by the Provisions of Section 3.14. 7.02 Interim Agricultural and Equestrian Facilities. Subject to review and approval for compliance with the provisions of this section by the Review Committee and the AspenlPitkin County Community Development Department, an Owner may construct and utilize agricultural and equestrian facilities within the building envelope on a Homestead prior to and in lieu of a residence. Such facilities may include stables or a barn for the keeping of horses and equestrian related equipment, tack and supplies, for the storage of hay and feed for horses or for other agricultural purposes, and shall otherwise comply with all conditions of the Approval Order. The agricultural and equestrian facilities authorized by this Section, and tke use thereof by the Owner of a Homestead, are not intended to be permanent. Rather, such facilities shall either be removed and replaced by or converted to a residence which otherwise complies with the Approval Order. u o ~ ~ 71 -20- ~ . IIIVI~11~111VBIIIIIIII~IIVIIIINIWnBV °a'sm'~=,_ ti. Accordingly, no residential structures, except for the designated historic structures, shall be permitted on a Homestead unless and until the interim agricultural and equestrian facilities which may be constructed and utilized thereon pursuant to this Section have either been removed or adequate provision for such removal, reasonably acceptable to the Review Committee and the Aspen/Pitkin County Community Development Department, has been made. 7.03 Final Plat and Approval Order. A11 development within Chaparral Aspen, including improvements constructed on any Homestead and the use thereof, as well as the use, operation and maintenance of all roads and land azeas within Chaparral Aspen, shall be in accordance with the terms, provisions and conditions of the Final Plat, the Approval Order and any amendments to said Plat or Order, including, but not limited to the following: 7.03.01 Within the Common Pazcel the Association may construct barns, storage sheds, garages, stables, corrals and other customary farm and ranch facilities, provided that the total squaze footage of all such buildings, shall not exceed 30,000 square feet, and provided further that no single building may contain more than 17,500 sq. fi. and that such structures are clustered and screened from view with landscaping to the extent reasonable and practicable. Building sizes and the extent of clustering and landscaping shall be reviewed in connection with the rezoning of the Common Parcel. This limitation shall not apply to the floor area of any affordable housing located within the Common Pazcel. 7.03.02 Within two years after recordation of the Final Plat, the Deciazant shall have completed construction of and obtained a certificate of occupancy for the Ranch Manager's Unit on the Common Parcel. The remaining affordable housing units shall be completed prior to or in conjunction with construction'of unrestricted dwelling units. At least one of the restricted units shall be completed and the certificate of occupancy shall have been issued prior to the certificate of occupancy for each of the unrestricted units until such time as all restricted units have been completed, provided, however, that all restricted units shall be completed and certificates of occupancy shall have been issued no later than September 13, 2005. 7.03.03 Prior to building permit application, the Owner of each Homestead shall: (a) Obtain approval of an ISDS permit from the Environmental Health Department. Septic systems shall be located within the approved building or development envelopes and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. (b} Obtain a fireplacelwoodstove permit from the Community Development Department. 00007 -2 I- IIN~illdlllln~'III~NIIIUINN9111NNlllllll °:>s", (c) Obtain an access permit for each individual driveway, which shall be approved by the County Engineer. Driveway shall be located within the driveway corridor designated on the Plat. If the driveway exceeds 30 inches above or below natural grade within the setbacks, the owner shall submit and the Board of Adjustment shall consider a variance application prior to issuance of the access permit. (d} Submit a site specific drainage plan for review and approval by the County Engineer. Said plan shall address positive grading away from the residence, diversion of up-slope water from the building site, and on-site detention of flows from roofs and other impervious surfaces. (e) Submit a fugitive dust control plan for review and approval by the Environmental Health Department. (f) If applicable, submit to the Housing Authority for recording a caretaker dwelling unit deed restriction. The caretaker dwelling units shall be limited to a maximum of 700 net livable square feet. Floor plans of the units shall be provided to the Housing Authority prior to issuance of building permits. (g} Provide a trip generation study if the unrestricted residential structure exceeds 5,000 gross square feet for review and approval by the County Engineer, unless Applicant has previously provided the County with a trip generation study for the Main Ranch Parcel which is based upon the maximum build-out potential of each lot. The individual lot or Main Ranch Parcel study shall be developed by a traffic engineering consultant hired by the owner and pre-approved by the County Engineer. 7.03.04 Prior to issuance of any building permits, the Owner of each Homestead shall: (a) Make a cash payment of $1400 to the County in lieu of dedicating land for parks/recreation/ open space. (b) Make a cash payment of $300 in lieu of dedicating land to the Aspen School District. (c) Pay the applicable Road Impact Fee. 7.03.05 Prior to or concurrent with issuance of the Certificate of Occupancy for the unrestricted residence on each Homestead, the Certificate of Occupancy for any caretaker dwelling unit on the Homestead shall also be issued. 7.03.06 Owners shall comply with the following provisions regarding imgation ditches: 000073 -''-2- .. ~ I 457541 (~ t .€,~ ~ ~~,~~'~ ~ '~! ~ ~ Page: 28 of 94 t i r~`,~i l~t` I ~ii~iti~ ~ ~ I~1 V I 0$/!4/2001 02' 45p (a) Grant access to irrigation ditches to ditch owners. (b) Construct buildings uphill of irrigation ditches unless a ditch is culverted. (c) Design land uses to avoid flooding problems from flood irrigation. (d) Place basements and soil absorption sewage disposal systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. 7.03.07 The historic structures within Chaparral Aspen, (the "Old Cabin", the "Newer Cabin" and the Braun Residence) shat! be preserved and restored as necessary, either in their existing locations or as relocated within one of the approved building envelopes. 7.03.08 For all Homesteads that are Receiver Sites for transferable development rights ("TDRs'~ and prior to submission of any building permits, each Owner shall submit an executed Irrevocable Certificate of TDRs and a recorded deed or other assignment evidencing the sale or transfer of the Certificate to the Owner. The number of Certificates required for each designated Receiver Site shall be based on the floor azea of the residential structure to be constructed thereon, including additions following initial construction. The first Certificate shall allow 5,000 sq. ft. and each additional Certificate shall allow 2,500 sq. ft.. As provided in Pazagraph A.l, above, the first 4,000 sq. ft. of sub-grade floor area, the first 750 sq. ft. of above grade garage space as well ascertain decks, porches and overhangs may be constructed without the necessity of obtaining a Certificate. The foregoing square footage "value" of Certificates shall be effective during the vested rights period expiring on February 5, 2006, and thereafter unless such value is revised by amendment to the Pitkin County Code. 7.04 Development Envelope. Areas of a Development Envelope as identified on the Final Plat outside of any Building Envelope or Driveway Corridor may be used only for low-impact site improvements, including domestic exempt water wells, ponds, septic tanks, leach fields,. landscape planting, irrigation and hay or other crop production, grading, drainage improvements, underground utilities, as well as ranching, other agricultural uses, equestrian uses and facilities, and recreation trails for hiking, cross-county skiing, bicycling and equestrian activities which satisfy the criteria of the Design Guidelines. Fencing maybe allowed outside Development Envelopes upon approval of the Review Committee for ranching or agricultural purposes only. Such fencing must be in accordance with the Design Guidelines and, where required, shall satisfy the Department of Wildlife's standards and the conditions of the Approval Order. 7.05 Building Envelope. The Building Envelope is.that portion of each Homestead in which all structures and site improvements ether than those allowed within Development Envelopes may be constructed, as identified on the Final Plat. As used in this Section, structures and site ~U~u7~t -23- .. . Plinl~ll~~lill'IIIRIIIIIIM~~91Nmllll'1N °:'~n'•~ s. improvements include, without limitation, the primary residential structure, any guest house (limited to historic structures}, a caretaker dwelling unit and other accessory buildings or uses such as fences, dog runs, gardens, lawns, paved areas, pools, and other recreaticnal facilities. As required by the Approval Order, the Building Envelope on each Homestead shall be reduced to a maximum of two (?)acres in size following issuance of a certificate of occupancy for the primary residential stricture on said Homestead by way of an amendment to the Final Plat. No development, including grading, excavation, fill placement, landscaping, vegetation removal or disturbance, septic system and well, shall occur outside of the approved building and development envelopes, except agricultural and ranching uses and activities (including replacement as provided in Section 8.03, below} the use of c;questrian, mountain biking and hiking trails, recreational activities, improvements to the existing ranch roads, utility and driveway extensions, maintenance and construction of the new entry off of River Road, installation of access control equipment, gates or walls at the entry to the development off of River Road, and to reclaim the gravel pit. Construction and development activity within the development envelopes shall be linuted to landscape planting, irrigation and hay or other crop production, irrigation ponds, grading, drainage improvements and underground utilities, including septic tanks and Leach fields. 7.06 Driveway Corridor. Driveway Corridors are those areas within driveway easements designated as such on the Final Plat and/or driveway alignments approved by the Review Committee which shall contain the driveway providing physical access to the Building Envelope of each Homestead The location and point of access to a Driveway Corridor from a Road shall be established and may be modified only by the Review Committee, provided no change in a Driveway Corridor may have a material negative impact. Permitted activities within the Driveway Corridor include vegetation removal and revegetation with native plants, road bed grading and gravel or chipseal surfacing, drainage improvements and erosion control measures, retaining walls and other slope stabilization measures, utility service extensions, address signage monument and low-level lighting for illumination. Construction of driveways within a Driveway Corridor shall be subject to the provisions of the Approval Order. 7.07 Use of Common Elements. Subject to the rights of Declarant as provided in this Declaration, there shall be no obstruction of the Common Elements nor shall anything be kept or stored on any part of the Cornmon Elements without the prior written approval of the Association. Except for those improvements erected or installed by Declarant in its completion of Cliapan-al Aspen, nothing shall be altered on, constructed in or removed from the Common Elements without the prior written approval of the Board. Such approval will not be unreasonably withheld and may be conditioned upon the Owner who requests the approval being required to submit plans for the alteration to the Association for approval, to obtain insurance as required by the Association and to post adequate surety. In reviewing any plans, the Association may engage the services of architects, attorneys and engineers and the cost of such services will be paid by the requesting party. 7.08 Limited Common Elements. Subject to #~ie terms and provisions of this Declaration, every Owner shall have the exclusive right to use and enjoy the Limited Common Elements appurtenant to that Owner's Homestead. QQOO~~ -24 ~~l~'!IfM~lllll ~~'~iIIINI~~~I~~~~~~~~~~H ,",ssai 7.09 Domestic Animals. Owners ofHomesteads within Chaparral Aspen shall be allowed to have domestic animals and pets, subject to the limitations set forth below and such other Limitations as may be established from time to time by the Board: 7.09.01 The Owner of each Homestead will be permitted to have up to two dogs and offspring up to three months old. Owners will be prohibited from harboring dogs on a Homestead unless they have adequate facilities (i.e., dogs are kept within residences, a fenced yard, dog run or kennel) to contain the dogs. Enclosed tuns must be located immediately adjacent to the principal structure on a Homestead, within the building envelope, and shall not exceed 1000 square feet. Owners are encouraged to completely enclose runs (including roofs) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain dogs, they may be removed from Chaparral Aspen until adequate structures can be built. 7.09.02 At no time shall dogs or cats be allowed to run freely within Chaparral Aspen. When dogs move beyond their Owner's Homestead, the dog must be controlled by a leash of no more than twelve feet in length, under the direct control of its owner or authorized representative, unless the dog is legally hunting with its owner or authorized representative, or is being trained for such a purpose. Visitors and guests of Owners shall comply with all dog control measures. 7.09.03 The Association shall be responsible for enforcing these covenants. Stray dogs may also be controlled by the County and the Colorado Department of Wildlife ("CDOW"}. Owners not in compliance with these restrictions will be responsible for any and all costs incurred by the Associatian, the County and/or CDOW for enforcement. Should the Association knowingly fail to enforce these restrictions, the County and/or CDOW may enforce them and recover all costs incurred. Penalties for first, second, and subsequent violations will be a warning, $200 fine and a $500 fine. At any time after the first offense and warning,-the Association, County, or CDOW may request removal of the offending animal from Chaparral Aspen. Nonpayment of a fine or failure to remove. an animal from Chaparral Aspen shall be considered a separate violation for each day that the violation continues after notice, and shall be enforced accordingly. 7.09.04 Contractors, subcontractors, delivery personnel and guests of Owners shall be prohibited from bringing dogs onto any Homestead, even if such dogs are kept inside vehicles. Violation of this dog policy shall result in the immediate eviction of the dog and the dog's owner from Chaparral Aspen. 7.09.05 Owners shall not feed dogs or other pets outside their residences, including decks, to avoid attracting nuisance wildlife or predators. .~ -0000?6 -25- !i~bll~~~~Ik~niB~l~~l~~l~ a.~~sa,.,. 7.09.06 CDOW and County representatives are entitled to access Chaparral Aspen to enforce any of the domestic animal or other wildlife restrictions set forth in this Declaration. CROW enforcement may include the capture or destruction of any dogs running at Large within Chaparral Aspen, regardless of where the dogs have originated. The Association will provide the County with the name and phone number of the Ranch Manager who shall be authorized to act as the Association's representative regarding domestic animal and wildlife restrictions. CROW and/or the County are required to provide notice to the Ranch Manager at least 24 hours in advance of their entering Chaparral Aspen provided, however, that this notice requirement shall not diminish or restrict any rights that CDOW or the County have pursuant to law to enter Chaparral Aspen. 7.10 Other Pets. Exotic pets maybe maintained within any dwelling unit on Chaparral Aspen provided adequate measures are taken by the Owner to prevent the release of any such pet into the external environment. 7.11 Horses. Owners shall be entitled to maintain horses on a Homestead as well as real property owned by the Association for that purpose, subject, however, to any restrictions set forth in the Approval Order and reasonable regulations promulgated from time to time by the Board. Further, the Association may promulgate rules as to the number and location of horses that maybe kept by each Owner and such other matters relative to maintaining horses as the Association shall reasonably determine. 7.12 Other Livestock. Domestic livestock on Chaparral Aspen, other than horses, shall be permitted only as necessary for wildlife-oriented habitat management, and as authorized by the 13oard. 7.13 Wildlife Protection Areas. Those areas of land within Chaparral Aspen designated on the Final Plat as Wildlife Protection Areas shall be restricted to open space and wildlife habitat uses. Except for underground utilities, the maintenance or upgrading of agricultural facilities (i. e. ditches, irrigation systems and access roads for same) and the maintenance and upgrading of roadways in existence on the date of this Declaration, development in the Wildlife Protection Areas is prohibited. 'The Association shall maintain and operate the Wildlife Protection Areas in accordance with the recommendations set forth in the report of Rick Thompson of Western Eco Systems, Inc. dated September 24, 1998. In particular, the following restrictions: 7.13.01 No new fences may be constructed. 7.13.02 No new habitat modifications (such as new pedestrian, horse or bike trails) shall be allowed within the Wildlife Preservation Areas, unless authorized by the County as valid wildlife oriented habitat modifications. The foregoing restrictions shall not apply to road or trails existing on the date of this Declaration. .._. 01~~~?7 -26- i~l~lll~~'~IIftlII~IINInIIVilI!I~I~'~ °~s~;~.;:..e 7.13.03 Domestic livestock shall be permitted within Wildlife Protection Areas only as necessary for wildlife oriented habitat management or as authorized by the Board. 7.13.04 Within the Wildlife Protection Areas, dogs must be kept on a leash, less than twelve feet (12') in length, and under the direct control of their owner or authorized representative.. 7.13.05 There shall be no human use of any kuzd (e.g. hiking, horseback riding, mountain biking, snowmobiling, nordic skiing, etc.) within the Wildlife Protection Areas, except for the road or trail providing access to adjoining properties through Chaparral Aspen, between December 1 and March 31, inclusive, which is the normal period of big game winter range use of the Wildlife Protection Areas. 7.14 Boundary Line Adjustments by Owners. Notwithstanding the provisions of Section 7.14 above, a boundary Line adjustment by Owners between adjacent Homesteads shall be permitted provided that: 7.14.01 The approval of the Association and the County is first obtained; 7.14.02 No Building or Development Envelope is affected; 7.14.03 No Con~unon Element is affected; and, 7.14.04 The Owners desiring such adjustment shall pay all reasonable costs incident thereto including preparation, approval and recording of an amended plat as may be required by the County and Declazant. 7.15 Boundary Line Adjustments by Declarant. Notwithstanding the provisions of Section 1.03 above, boundary line adjustments by Declarant shall be permitted as between the boundary of any Homesteads owned by Declarant and as between the boundary of any Homesteads owned by Declarant and property adjacent to Chaparral Aspen lands abutting such Homesteads. As to any boundary line ad}ustrnent under this Section, Declarant shall obtain any requisite approvals required by the County and shall pay all reasonable costs incident thereto including preparation, approval and recording of an amended plat. 7.16 titilities. With respect to the development by Owners on any Homestead, all domestic water, electrical, telephone and other utility pipes or lines shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of utility lines shall be revegetated to Review Committee standards, by and at the expense of the Owner so that said revegetation is completed no later than the start of the growing season which immediately follows installation of the utility lines. Notwithstanding any other provision hereof, there is reserv~i to Declarant the right to temporarily install, for a period of not more than six (6) months, overhead poles, towers or above-ground pipes for utilities. -' OOOU`1$ -27- IIIININIIIIIhIIIIiIIpIIIINIIIIIV!II~IIIIIIIIII's's°, 7,17 Enclosure of Unsightly Facilities and Equipment. All unsightly facilities, equipment and other items including, but not limited to those specified below, shall be enclosed within a covered structure. Any motor home, trailer, boat, truck, tractor, garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse ar trash containers, utility meters or other facilities, service areas, or storage piles shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Review Committee and adequate to conceal the same. No lumber, metals, boat materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Homestead, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to their collection or disposal. Prior to receipt of a Certificate of Occupancy from the County, Owners shall remove all construction debris from their Homestead. 7.18 Satelli#e Dishes. Satellite dishes shall be pemutted on Homesteads subject to obtaining any requisite County land-use approvals. Owners desiring to install satellite, relay, up-link or other ~:~~axz,-raunication dishes or facilities shah first obtain approval from the Review Committee. Any proposal for a dish or other facilities by an Owner shall also include a plan for berming, screening, fencing and planting so as to conceal the dish or other facilities. Plans for any dish or other facilities shall include details as to location, size, colar, installation, maintenance and other specifications as the Review Committee may reasonably require. 7.1~ hunting and Firearms. Hunting and the discharge or shooting of firearms anywhere within Chaparral Aspen is prohibited. The transportation of firearms anywhere within Chaparral Aspen, except in a motor vehicle or on horseback, is prohibited. 7.20 Drainage and Erosion Control. All excavation and earth-moving work within Chaparral Aspen shall comply with and further the goals of the engineering studies completed on behalf of the Declarant and approved by the County which deal with proper drainage and erosion control within Chaparral Aspen. No Owner shall do anything which impairs or adversely affects the natural drainage on any Homestead, divert drainage or imgation water onto another Homestead, deprive any other Homestead of its natural drainage course, or otherwise deprive any Homestead of its irrigation water. No Homestead improvements may cause new erosion or exacerbate existing erosion or draining patterns where such changes are, in the opinion of the Association, detrimental to Chaparral Aspen lands. Each Owner shall install culverts where driveways crass road ditches, irrigation channels and other drainage ways as required by the Review Committee. The minimum size of any culvert and the construction methods utilized in installing any culvert shall also be approved by the Review Committee. The Association retains the right over and across all Homesteads, other than within any Building Envelope, to engage in any drainage, irrigation, soil or erosion control activities. 7.21 Pest Control. No Owners may engage in any pest control activities without having first obtained the written approval of the Association. The Association, consistent with this Declaration, may grant or withhold any such approvals. In the granting of any approval, the -2&- ~U~~~~ Association may impose conditions on any pest control including the techniques, devices of chemicals that may be employed. All pest control shall be implemented at the expense of such Owner. 7.22 Noxious or Offensive Activity. No noxious or offensive activity or sound shall be conducted on any portion of Chaparral Aspen at any time, nor shall anything be done or permitted which may become a nuisance to, or unreasonably disturb, Owners of other Homesteads, or be injurious to the reputation of Chaparral Aspen. 7.23 No Mining, Drilling or Quarrying. 7.23.01 Mining, quarrying, tunneling, excavating or drilling for any substances within the earth including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of Chaparral Aspen except as allowed by this Section 7.23. 7.23.02 Drilling for water by Declarant, its successors and/or assigns, for the Affordable Housing Parcel or lot of the Common Parcel in accordance with any decree entered in Case No. 00-CW216, Water Division No. 5, is expressly permitted. 7.23.03 Drilling of individual water wells shall be permitted by Owners of Homesteads in accordance with the provisions of Section 9.01 below. All pond construction shall be in strict conformity with the Irrigation and Pond Construction Guidelines to ensure that no pond excavation is construed as an excavated well exposing ground water. 7.24 Completion of Construction. Any construction activity on any Homestead in Chaparral Aspen shall be completed and fully cleaned uP within eighteen (1 S) months from its commencement or a variance shall be obtained from the Review Committee to allow for a longer period of construction upon proof of due diligence. All disturbed areas shall be revegetated within one growing season of disturbance. 7.25 Fireplaces. All structures to be constructed in Chaparral Aspen shall comply with the fireplace regulations of the County. Prior to the construction of any fireplace, a fireplace peraut shall be obtained from the County's Environmental Health Department or its successor. 7.26 Driveways. 7.26.01 The driveway for each Homestead shall be located within the established Driveway Corridor (see Section 7.06). 7.26.02 Driveway design, location, surfacing material and construction methods, including, without limitation, application of an approved dust,.suppressant, shall be approved by the Review Committee and shall be in compliance with applicable provisions of the Approval Order which require, among other things, securing an access permit from the County. The -29- ouooeo !IIIIIIIh111119111111~IMINIII~IINlilll',I~II~ °n's°, design and construction of driveways shall comply with the County standazds and specifications governing driveways. 1n particular, if a driveway exceeds thirty inches (30") above or below the natural grade, the Owner shall submit and the Board of Adjustment shall consider a variance application prior to the issuance of the access permit. 7.26.03 The Owner whose Homestead is being served by a particular driveway shall be responsible for ongoing dust control of that drveway, and shall treat the driveway with dust suppressants approved by the County. 726.04 Ail access driveways which connect a Homestead to a Road shall be constructed at the expense of the Owner whose Homestead is being served by that particular driveway. Provided that the access driveway is constructed to Review Committee approved standards, the Association shall be responsible for snow removal. Costs of snow removal shall be charged as a special cost center to Owners based on the length of, and other conditions peculiar to, each such driveway. Except as to snow removal, Owners shall remain responsible for the maintenance and repair of access driveways to their Homestead. 7.26.05 Driveways shared by two or more Homesteads, as indicated on the Final Plat, shall be constructed by the Owner of the first Homestead developed, and the construction cost of the driveway shall be shared. The Owners of Homesteads subsequently developed shall pay their share of the construction cost at the time they apply for a building permit. 7.27 Trees and Landscaping. Owners may not cut. or alter trees, bushes or natural vegetation except with the approval of the Review Committee and then only within Building Envelopes. Fertilized and /or irrigated lawns may be no larger than one acre in size. Cutting or alteration of trees, bushes or natural vegetation by the Association or Declarant may also occur outside Development Envelopes consistent with the Approval Order. 7.28 Damage by Owners. Each Owner is responsible for any damage caused to Roads, ditches, fences, trails, natural drainage courses, irrigation ditches, utilities, Association Property, or to other Homesteads or Property thereon during the construction of improvements upon his Homestead, by any vehicle belonging either to him or anyone using the Roads while engaged in any activity relating to the construction of improvements on the Owner's Homestead. Each Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and runoff damage caused by failure to properly install culverts, and to repair any such damage in a timely manner. 7.29 Fences. All fences to be erected by Owners, must be in accordance with the Design Guidelines, must be approved by the Review Committee and shall be in harmony with the nature, setting and surroundings of Chaparral Aspen. Fences may not be erected by Owners outside Building Envelopes, except as may be approved by the Review Committee for ranching or agricultural purposes only and consistent with the Agricultural Easement provided for in Section 8.03. Fencing is prohibited in the Wildlife Protection Area. All fencing must be in accordance with the Design Guidelines and shall, where required, comply with Colorado Department of Wildlife 30- (~ (~ (~ ~ ~ ! I~~IIi ~~~~~ 1~~~~~ ~~i ~~~~~1~~ ~~t ~~1~~~~ ~~~ ~~~ ~ ~ 4576 ~f 34 (.) V V ~ DAVIS SILVIA PITKIN COUNTY CO f i 08/14/2001 d2.45F R 470.00 ~ a as standards and the conditions of the Approval Order. Fencing on real property owned by the Association shall not be subject to these limitations; however, all fencing on real property owned by the Association must be approved by the Review Committee prior to erection. 7.30 Sewage Disposal Systems. An Individual Sewage Disposal System ("ISDS"}permit for each Homestead shall be obtained from Pitkin County Environmental Health Department, prior to submission of a building permit for any Homestead. Final locations, configurations and sizes of the ISDS for each Homestead shall be determined at ISDS permit review and approved by the Pitkin Couniy Environmental Health and Community Development Departments. The ISDS must comply with the setback requirements from surface and groundwater sources and with any term or condition of a domestic exempt water well permitted for Iocation on any Homestead on which the ISDS systems is proposed. 7.31 Limits on Certain Vehicles. The use within Chaparral Aspen of snowmobiles, "all- terrain" type vehicles, motorcycles, other motor-driven vehicles and pedal bicycles shall be allowed only on the Roads and driveways shown on the Final Plat. Subject to the foregoing, the Association shall have the authority: (a) to prohibit entirely from Chaparral Aspen certain motor vehicles that may be considered to emit noise or other pollution in excess of levels or standards promulgated by the Association, and (b} to promulgate such other rules and regulations as shall be necessary with respect to the operation of motor vehicles on Chaparral Aspen Lands. 7.32 Signs. The Association shall have the right to post signs on any Homestead prohibiting trespassing or hunting, to protect boundary lines, or for any other purposes consistent with Chaparral Aspen operations. Owners may not post, maintain or permit on any Homestead "For Sale" or "For Rent" signs or signs advertising names of contractors, landscapers, brokers, architects, lenders or similar designations. Except as provided herein, all other signs including specifically permanent or temporary identification signs, shall be approved in writing by the Review Committee prior to such signs being erected. Notwithstanding the foregoing, Declarant shall be permitted to maintain signs and conduct all other activities permitted in Sections 7.33 of this Declaration. 7.33 Declarant's Use. Notwithstanding anything to the contrary contained in this Declaration, it is permissible and proper for Declarant, its employees, agents, and contractors to perform such reasonable activities as Declarant deems necessary or incidental to the completion and sale of Homesteads, specifically including, without limiting the generality of the foregoing, maintaining business offices, storage areas, signs, model units, sates offices, parking areas and lighting facilities. Declarant reserves the right to locate any sales office, management office or models on any Homestead owned by Declarant. The rights retained by Declarant in this Section 7.33 shall terminate upon the earlier to occur of {a) the sale of the last Homestead by Declarant to the first Owner thereof, and (b) seven (7) years from the date this Declaration is filed in the Land records of the County. 7.34 Exterior Lighting. All exterior lighting in Chaparral Aspen shall comply with Pitkin County's Landscape Guidelines and Lighting Regulations and the Design Guidelines. -31- 000082 ~ ~~~ ... il! ~ff jj 4~ ~ ~~. ~ ~~~~~ ~~~ ~il~l~~~ ~~~ ~~~~~~~ ~ e . 11 ~~~~~ ~~~~ ~~~~ s 37 of 94 7.35 Construction and Service Access. Construction and service access to Chaparral Aspen is limited to the Main Access Road which intersects River Road, as shown on the Final Plat. 7.36 Caretaker Dwelling Units. In the construction of a dwelling unit on any Homestead, the Owner may construct a caretaker dwelling unit and, if constructed, shall utilize and operate such caretaker dwelling unit in accordance with the terms, conditions and provisions of the Caretaker Dwelling Unit Deed Restriction required and enforceable by the Aspen/Pitkin County Housing Authority, or its successor. 7.3'7 En#ranee to Chaparral Aspen. The placement of any access control equipment, atcs or wails at the intersection of the iYlain Access Road and River Road, as shown on the Final Plat, shall be prohibited if such structures are visible from River Road at its intersection with the Main Access Road. 7.38 Wildfire Mitigation Standards. The following wildfire mitigation standards shall apply to all Homesteads: 7.38.01 Trees shall be planted at least 10 feet (10'} front any structures. 7.38.02 Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverizggs and flat roofs (up to a 4:12 pitch) aze prohibited in all wildfire hazard areas unless otherwise allowed by the Aspen Fire Protection District. 7.38.03 Vents shall be screened with corrosive, resistant wire mesh with mesh 1/a-inch (1/4") maximum. 7.38.04 Roofs and gutters shall be kept clear of debris. 7.38.05 Yards shall be kept cleaz of all litter, slash, and flammable~debris. 7.38.06 All flammable materials shall be stored on a parallel contour a minimum of 15 feet (15') away from any structure. 7.38.07 Weeds and grasses within a 10-foot (10'} perimeter of all structures shall be maintained to a height of not more than six (6") inches_ 7.38.48 Fizewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet (15'} away from the structure. 7.38.09 Swimming pools or ponds shall be accessible-to Fire Department vehicles. 738.10 Fences shah be kept cleaz of brush and debris. -32- ~~~~8s ~!mo~Nl~iM~ub~namuo~udmo~~,~ <s,sa, 7.38.11 Wood fences shall not connect to the structure. 7.38.12 Fuel tanks shall be installed underground with an approved container. 7.38,13 Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation azound any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2-hour, fire-resistive construction on the exterior side of the walls. 7.38.14 Each structure shall have a minimum of one, 10-pound (10#) approved ABC fire extinguisher placed in a visible and accessible location. 7.38.15 Addresses shall be clearly marked with 2-inch (2"), non-combustible letters and shall be visible and installed on anon-combustible post. 7.38.16 New utility lines shall be buried within or along roadways. 7.39 Slope Standards - Homesteads S and 7. The Owners of Homesteads 5 and 7 shall comply with the following standards for development on slopes of greater than IS%: ?.39.01 Adequate mechanical support shall be provided for cut slopes. 7.39.02 Adding water which may decrease slope stability shall be avoided. 7.39.03 Adding weight to the top of the slope shall be avoided. 7.39.04 Disturbed slopes must be contoured so that they can be revegetated. 7.39.05 Steepening of existing slopes shall be avoided. ?.39.06 Cuts, fills, grading and excavation shall be confined to the minimum azea needed for construction. 7.40 Debris Flow Mitigation Plan -Homestead 10. Prior to submission of building permits for development on Homestead 10, the Owner shall submit asite-specific, debris flow mitigation plan for review and approval by the County Engineer. 8. EASEMENTS AND RIGHTS RESERVED 8.01 Easements Described on Plat. All of Chapzrral Aspen is subject to the easements shown, created, reserved or granted on the Final Plat. -33- 000UB~ .:. ff ll ! ~ 457541 "~' I~i~l~ ~~~~~ ~~~{~~ ~~~ ~~~~~~~~ ~~~ ~~ i Page : 39 of 94 ~~~~ ~~~ I~~~I ~~~I ~~~~ AA / 14120f01 02 : 45i 8.02 Development of Chaparral AspeQ. Declarant reserves for itself (and to the extent necessary, such right is hereby extended to the Association) and their agents, employees and contractors, as Special Declarant Rights (as defined by the Act), the rights to enter upon Chaparral _~spen and to do whatever Declarant deems necessary or advisable in connection with construction ur other work to be performed by Declarant for the development of subdivision improvements including, but without limitation, the construction and installation of a domestic water system, fire protection, drainage, irrigation and water storage facilities, the installation of all utilities, the construction of all roads, grading and landscaping, the construction of all buildings and other improvements to be constructed by Declarant, including amenities, the erection or placement of such temporary structures as may be reasonably necessary to facilitate such development, placement of such sign or signs as Declarant may deem advisable in connection with the sale of the Homesteads and to effectuate the exercise of the rights ofDeclarant hereunder. The foregoing rights shall remain in Declarant and may also be exercised by Declarant as to any Property Conveyed and Leased by Declarant notwithstanding such conveyance to the Association. No rights reserved in this Section 8.02 shall extend into any Building Envelopes on any Homestead after the closing on the sale to an Owner other than Declarant. 8.03 Agricultural Easement. There is hereby granted and established by Declarant on each Homestead and the Common Parcel, an easement for agricultural uses upon and across that portion of each Homestead and the Common Parcel which has been designated on the Final Plat as being subject to this Agricultural Easement. This Agricultural Easement shall be perpetual, shall run with the land burdened thereby, and shall be for the exclusive benefit of the Association, except that, pursuant to Section 11.09, the County shall be entitled to enforce its provisions. As used herein, agricultural purposes shall include the irrigation, cultivation and harvesting of growing crops, including hay, and all uses incidental or necessary thereto, including the construction and maintenance of ponds which serve an irrigation purpose. Within the Common Pazcel only, agricultural purposes shall also include the construction, maintenance, demolition and removal of agricultural structures such as barns, sheds, workshops, stables, corrals, ponds, fences, residential structures for a manager and other employees of the Association involved in Ranch operations. In addition, agricultural related commercial activities such as the boarding ofhorses, the selling ofhay or other ranch products, as well as horseback riding and equestrian events may be allowed upon the Common Parcel. Non-agricultural commercial activity conducted for profit shall not be permitted. Pursuant to the Approval Order, the Association is required to regularly irrigate certain portions of the land area subject to the Agricultural Easement which has been historically irrigated. T°ae designation of land subject to the Agricultural Easement may be revised from ±iane to bane by the Association by adding or deleting land areas subject thereto, provided, however, that the total acreage subject to Agricultural Easement which the Association is required to irrigate shall not be less than 351.E acres. In calculating the land azea which shall be irrigated, any land area devoted to irrigation ponds shall be included as imgated lands and, similarly, land areas which contain underground utilities, including septic tanks and leach fields, shall be included as irrigated lands provided that the surface above such utilities is subject to the A~rieultural Easement and is, in fact, irrigated. In lihe course of developing Chapa~°~ral Aspen, irrigation and crop production may be temporarily discontinued within the Agricultural Easement urea in order to accommodate the -34- OOOU85 ! !11l11111l111111i 11111111111111 ~11l111111111l111111111 `~~' ~~ ~ construction of roadways, driveways, the installation of utilities, including septic tanks and leach li olds, the installation or construction of drainage structures, the construction of irrigation ponds, the reshaping of land areas within Development Envelopes and the construction ofresidential structures, provided that the land areas which are irrigated for hay production, or otherwise, aze reclaimed for such purposes within a reasonable time after their disturbance. The foregoing notwithstanding, the Association, with the consent of affected Owners may remove portions of hayfields from hay production for the sole purpose of planting and maintaining stands of native trees or meadows containing native wildflowers, shrubs and gasses. 8.04 Utility Easements. The Declarant hereby reserves rights: (a) to grant non-exclusive easements for utilities, ditches, irrigation and drainage purposes including, without limitation, for the installation, relocation, operation, maintenance, repair and replacement of lines, pumps, pipes, transformers, towers, tanks, wires, conduits, culverts, ditches, ponds and other facilities of systems and for ingress and egress to and from the same, over and across the real property described herein, other than Development Envelopes, and (b) without eartinguishing the aforementioned general easement from time to time. to substitute one or more specific easements for the use by utility companies of others by recording of an instrument in the real property records of the County. Unless the written consent ofDeciarant is first obtained, utility companies shall have no right to use easements over Chaparral Aspen Iands to serve properties adjacent to Chaparral Aspen. Declarant shall be entitled to receive any consideration paid by such adjacent Property or the utility company for such easement. Where necessary, Declazant shall have the right, without obtaining the consent of any Owner, Mortgagee or the Association to amend the Fuzal Plat to reflect any relocations of existing easements shown on the Final Plat, or the granting ofnew easements for any of the purposes permitted hereunder. Declarant shall make all necessary arrangements with utility companies to provide electric and telephone service to Chaparral Aspen in phases. Accordingly, utilities may not be available to all Homesteads at the same time and any Owner, prior to the purchase of a Homestead, shall be responsible for obtaining from Declarant a schedule for the phasing ofutilities. 8.05 Emergency Access Easements. Anon-exclusive easement for ingress and egress is hereby granted to the Association, Declarant, and to police, sheriff, fire protection, ambulance and other similar emergency agencies of persons, now or hereafter servicing Chaparral Aspen and its residents to enter upon all Roads and driveways located in Chaparral Aspen in the lawful performance of their duties. Private security contracts or other security arrangements made by Owners must first be approved by the Association. Secondary routes may be used solely for ingress and egress of emergency vehicles and personnel, 'and for such access as delineated in existing easement agreements. 8.06 Trail Easements. Those areas of land within Chaparral Aspen designated on the Final Plat, or as may be established by Declarant after the recording of the Final Plat, which are referred to as Trail Easements are hereby established by Declarant as easements for the benefit of Owners for the purpose of horseback riding, hiking, cross-country skiing and bicycling. The use of motorized vehicles upon any trail easement shall be prohibited except in connection with the agricultural operations of Chaparral Aspen. -35- ooo~as Itl@III~IInIIIiIIII~IIVIIIIIIIM'~I~III!IdilA :s.'s°'.~=: $.07 Relocation of Easements. Declarant reserves the right, without the necessity of obtaining the consent of Owners, Eligible Mortgage Holders or the County to record an amendment to the Final Plat which adjusts the location of any easements for Roads or trails to reflect the actual location of such Roads or trails following the construction thereof. 9. WATER RIGHTS AND USE 9.01 Individual Domestic Exempt Wells. Owners of Homesteads shall be permitted to drill and operate within approved Development Envelopes, and as otherwise permitted by law, domestic exempt individual wells for domestic use, imgation and fire protection purposes. Owners desiring to drill an individual well shall be responsible for obtaining all state and local permits and approvals for such wells and shall also be responsible for the payment of alI costs associated with the drilling, development, operation, repair, maintenance and replacement of such wells. Use of such wells shall be limited to irrigation of not more than one (1) acre, or the amount of land allowable to be irrigated in accordance with the permit, whichever is less. Declarant makes no representation or warranty that water for such wells is available on any particular Homestead or, if available, the depth, quality or quantity of water that may be available. 9.02 Irrigation Ditches. Owners acknowledge that they may not realign or. modify any of the existing and historic irrigation ditches which traverse their Homestead without the Association's consent and, if required under Colorado law, the consent of all down-gradient owners or users of water rights conveyed by such ditches. 9.03 Irrigation System. The Owners of Homesteads 1-10 shall each shall be required to construct, at such Owner's expense, all connections for imgation to the Distribution System, as that term is defined and described in the Irrigation and Pond Construction Guidelines attached hereto as Exhibit "B" and the Water Use and Ditch Operating Agreement for Chaparral Aspen Homeowners Association, Inc. attached hereto as Exhibit "C" (hereinafter "Operating Agreement"). Thereafter, the Association shall be responsible for the operation, maintenance and repair of the system of ditches, headgates, ponds, pipelines, sprinklers and other elements of Chaparral Aspen's imgation system, and for the regular irrigation, in accordance with normal and customary practices, of the land areas subject to the Agricultural Easement, to the extent permitted by the terms and conditions of Court Decrees, other Court Orders and permits establishing or relating to the water rights owned by the Association and in conformity with the Irrigation and Pond Construction Guidelines. 9.04 Ponds. Subject to the provisions of this Declaration, the Irrigation and Pend Construction Guidelines, Operating Agreement, and decrees entered incase No. 98-CW291 and 00- CW216, Water Division No. 5, and any applicable County Iand use approvals, Owners of Homesteads, may, at their expense, construct, operate and maintain Bonds within Development Envelopes. Such ponds may be used for fue protection, aesthetic, piscatorial (and if allowed by Colorado law, temporary irrigation control storage} purposes. The pond or ponds located on the Common Parcel may be used for additional purposes decreed in Case No. 00-CW21 b. Prior to any ~6- OU(IU97 nII4~II^I1 pp~ 1I~p~ ~~qp~~p I~IIY~f~u~tl1~1~III~IR~~NMI~~~I~ ~~II111~iIIW o,: bn~ :. development, the location, size, construction specifications and operational ptans,for such ponds must be approved by the Review Committee in strict conformity with the Irrigation and Pond Construction Guidelines. Owners shall be solely responsible for obtaining any permits, state engineer or other approvals for any domestic exempt water well, ponds, dams or any on-site water features allowed herein and for all drilling, construction and operating costs associated therewith. This Section shall not abridge or otherwise impact the right of the Association to own and maintain a pond, or ponds, on the Common Parcel or within any Agricultural Easement in a manner consistent with the terms of such easement. 10. TERM, AlVIENDMENT AiYD TERMINATION OF COVENANTS 10.01 Term. The term of this Declazation shall be perpetual. 10.02 Amendments. Commencing on the date ofrecording hereof and continuing until the closing (i.e., recording of the deed) on the sale of the first six (6} Homesteads by Declazant, Declarant shall have the absolute right to amend any provision of this Declazation and the Irrigation and Pond Construction Guidelines, except as limited by Sections 10.04 and 1 I.09, provided that such amendment shall not materially adversely affect mazketability of title to any Homestead. After the expiration of the period described in the preceding sentence or earlier written relinquishment by Declarant, if any, this Declaration and the Irrigation and Pond Construction Guidelines may, except as limited by Sections 10.04 and 11.09, be amended by a vote of sixty-seven percent (67%) of the votes entitled to be cast by the Members; provided that such amendment shall not adversely affect marketability of title to any Homestead or be contrary to any applicable Water Court Decree, and in particular, the Decrees in Case Nos. 98CW291 and OOCW216, Water Division No. 5. Consent of Mortgagees shall not be required in order to amend this Declaration. By instrument signed by Declarant and duly recorded in the real property records of the County, Declarant may sooner relinquish its right to amend this Declaration or make interpretations thereto as permitted in Section 11.0 I below. The Declaration shall only be amended at a meeting called for that purpose and within six {6) months after the date of such meeting there shall be recorded in the real property records of the County an instrument evidencing such amendment. Any instrument amending this Declaration shall be duly executed by Declarant, or both the President and Secretary ofthe Association, as the. case may be. Notwithstanding the preceding, no amendment shall be permitted that is inconsistent with any of the rights granted, retained or reserved to Declarant, hereunder or which attempts to enlarge ar expand any obligation of Declarant hereunder, unless such amendment is consented to in writing by Declarant. Furthermore, where any amendment is not considered by Declarant in its reasonable judgment to be a material change to any provision of this Declaration, such as (without limitation) the correction ofa techriieal, drafting or typographical error, correction of some obvious omission, resolution of any conflict with applicable laws, clarification of any ambiguous statement or the like, such amendment may be made at any time by Declarant, without requirement to obtain the consent of any Owner or Eligible Mortgage Holder. 10.03 Rule Against Perpetuities. Lf any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for -37- °; ~ . ~DU~~$ !f `i { ~ ( !! ~ a ! ~i 45.541 t ,'~~il ~~I~I ~~~~~~ ~~~ I~~~,~~~ ~~~ ~II~~~~ (~~ fl~~~~ ~~! I~1~ Pane . 43 of 94 violation of (i) the rule against perpetuities or same analogous statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time limits, such provision shall continue only for the period of the life of Steven St. Clair, his now living descendants, and the survivor of them, plus twenty-one (21) years. 10.04 Termination. This Declaration may be terminated only if all the Owners and Eligible Mortgage Holders agree to such termination by an executed acknowledged instrument duly recorded in the real property records of the County. This Declaration shall also terminate in the event of the taking of all of Chaparral Aspen by condemnation, eminent domain, abandonment or tE:rrrunation as provided by law. 11. MISCELLANEOUS 11.01 Interpretation of the Covenants. Except for judicial construction, Declarant shall, until the closing (i.e., recording of the deed) on the sale of the first ten (i0) Homesteads, have the exclusive right to construe and interpret the provisions of this Declaration. Thereafter, the exclusive right to construe and interpret this Declaration shall rest with the Association acting by and through its Board. In. the absence of any adjudication to the contrary by a court of competent jurisdiction, the construction or interpretation of the provisions hereofby Declarant and therea$er the Association shall be final, conclusive and binding as to all persons and Property benefitted or bound by this Declaration and provisions hereof. The provisions of this Declaration shall be liberally construed to effectuate its purpose to create a uniform plan for the development, operation and maintenance of Chaparral Aspen. 11.02 Colorado Law. The interpretation, enforcement or any other matters relative to this Declaration shall be construed and determined in accordance with the laws of the State of Colorado. i 1.03 Disclaimer. No representations or warranties of any kind, express or implied, have been given or made by Declarant, or its agents or employees, in connection with Chaparral Aspen, or any portion thereof, or any improvement thereon, its physical condition, zoning, compliance with applicable laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this Declaration or except as set forth in any Disclosure Statement required to be given under applicable rules of the Colorado Real Estate Commission. 11.04 Notices and Registration of Mailing Address. Each Owner and each First Mortgagee, insurer or guarantor of a First Mortgage, shall register their mailing address with the Association and any notices or demands intended to be served upon the Association, or any such Owner, First Mortgagee, insurer or guarantor, shall be hand-delivered or sent by first-class mail (postage prepaid), addressed to the Association at its address set forth below (or such other address of which it gives notice) or to other such person, or entity, addressed in the name of such person or entity, at such registered address. However, if any Owner fans to so notify the Association of a registered address, then any notice or demand may be delivered or sent, as aforesaid, to such Owner at the address of such Owner's Homestead. Until the same has been changed, the address for the -38- UOU039 Association shall be: c/o Clark Lipscomb, Woody Creek Ventures, LLC 132 West Main Street, Aspen, Colorado 8161 I . Any notice required or permitted to be provided to the County shall be sent to Pitkin County Attorney, 530 East Main, Third Floor, Aspen, Colorado 81611 y. 11.05 Distribution of I~nforanation. In the event that the Association or any Owner wishes to notify the Owners of any matter affecting Chaparral Aspen or the community, the Association shall distribute said notice on behalf of itself or any such Owner. The right of an Owner to compel the distribution of such notices by the Association shall be subject to the reasonable rules and regulations promulgated by the Association. 1.1.06 Non-Waiver. Failure by Declarant, the Association, any Owner, any First Mortgagee or any other person or entity to enforce any covenant, condition, restriction, easement, reservation, right-of--way or other provision contained in this Declaration shall in no way or event be deemed to be a waiver of the right to do so thereafter. 11.07 SeverabiIity. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Declaration is alleged to be or declared by a court of competent jurisdiction to be unconscionable or unreasonably vague, Declarant shall have the right by amendment to this Declaration to replace such provision with a new provision, as similar thereto as practicable, but which in Declazant's reasonable opinion would be considered not to be unconscionable, or which clarifies the meaning of original provision. 11.0$ Run with the Land. Declarant, for itself and its successors and assigns, hereby declares that all of Chaparral Aspen shall be held, used and occupied subject to the provisions of this Declaration, and to the covenants and restrictions contained herein, and that the provisions hereof shall run with the land and be binding upon all persons who hereafter become the Owner of any interest in Chaparral Aspen. 11.09 Enforcement of Covenants by County. The provisions of this Declaration specifically required by the Approval Order (i.e. Sections 4.05, 4.07, 4.08, 7.02, 7.03, 7.04, 7.05, 7.06, 7.09, 7.12, 7.13, 7.16, 7.20, 7.25, 7.26, 7.27, 7.29, 7.30, 7.34, 7.36, 7.37, 7.38, 7.39, 7.40, 8.03} shall be enforceable by the County without involvement by the Association or any Owner. None of the provisions listed in such Sections may be amended or deleted without first receiving the written approval of the County, which approval shall not be unreasonably withheld. I DAV ~ f 45?5~¢ ~ IS SILVIq pI7KIN COUNTY CO ~ 08914/209°f 94 R 470.00 D 0. ~02.45t -39- ~o0U~0 .~ ~.,~ `. ,; 11.10 Agricuitnral Exemptions. No Owner of any Homestead shall be entitled to claim an agricultural exemption from Pitkin County property taxes following the issuance of a certificate of occupancy for any single family residence on such Homestead. IN WITNESS WHEREOF, Declarant has executed this Declaration of Protective Covenants for Chaparral Aspen the day and year first above written. WOODY CREEK VETdTURES, LLC a Colorado limited liability company BY: ~~'7P"` e: John G_ Sarpa tie: Manager The foregoing Declaration of Protective Covenants for Chaparral A.~n is hereby approved and accepted by the Board of County Calnu.ssioriers of Pitkin County on this t 3 ~`i day of 3~y, tel. o?ae'o . 5c~ees~ ~ of courrsy cc~ss~orz~s BY: ~~~ t'~~ ~~~ ~ C~~A~GT"" ' ~ ~~ r ~~ ~~,54~ ~ ~ i ~ ~ ~ ~ 08g14/2001f02445 DAMS SILVIA PITKIN COUNTY CO R 470.00 D 0.00 -~o- oo~u~~. ~.CI~iO~~LEDGiYIE~i"T OF BECL.~.R-~'I'IO~i Off' PROTEC~'IV-E COV~Y~iITS FOR 'vYOODY CREEK ti E:YTL`~ZES, LLC S"PATE OF _) ~) COLS YOF -~ -j.. } The `ore~oina Declaration ofProtectiye Covet;ants for Chaparral Aspen was acf~owiec',ed before me this ~ ~~ v clay of ,~ ~ ,?QOI, by Joim G. 5arpa as 1'blanaQer of Woody Cree!~ Ventures, LLC; a Colorado Limited [lability company. WITiVESS my hand and o(~cial seal. iVly commission a°pires: _ _ ... - ~•- . - ~ ~ ;,, `- ~iotary Public . _- Table of Exhibits ._ ~ . ~__~ -_-.-- Exhibit "A" - Desi~ Guidelines Exhibit "B" - Irrigation :;nd Pond Construction Guidelines Exhibit "C" _ Water lise ;ind Ditch Operating Agreement I ~ ~f` ~ ( i 49 ?541f ~ CRVIS SILVIA ~iTKIA1 couarr co ~ ~ R 47$. ~8/14p2$02 02445 .00 f _ _..tl, OOOU92 +., h,^r 1. ~ ~, -,' S 4 .k''- _ µ •y ~} ~~ t ~ 4.s •. ~ '•.~N~.~`e.,r. Y+.l~iR~' ~' ~yi. ~I. ~;T.Y.e 4, M`rj~.'~ `i ,(~,~~~S:C`` .'tea-~~~~1~`~~~~~~~`~. ~ ~~v~`f,-may '•"!~~ ~fl y~ 'i w 'kd#s y a~ F` ~ "'~s+.~ii,~ Y ~.effi ~ ~„ :: a.~ C `.>~ _ °` O } -~": `:: `~ - - ar ' - .. . <Ry'.~.'4gl Y'~~ 'w~. 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V 4 ~y„e ~.:.'~ ~Di+n. - A'~, .a:x ~'-:{'a+-:ti a. gam, wC - y• '4r:: ~ .~ + S' - ACC= - -E'?- • ` ~h 'S ..vY r -~ C ~-s 2:`,~ .~' -: ~ ~ - ice': d .; .i ~r~. ^ •',HCis$a,~_•o- ~Y .fi:.-.e,':,fY~' ."~ .r ~ ~.~!ti .... ~-' . w~ ... ~~" - "'a. _ --,.:~'z •:s~a;'i~~:">:~:~;.-"`.;,.., :~° - ~. yam;.,"•~.."a%;~:*`_: L:/ ~UUU94 <O F J F- 0 J~ 0 N J O T J F J Q J Z ~a v~ Q J o~~ ~~`~~' Q ~~0~ o~~'~i = ,~ V M N J N 0 w '~ ~_ ~~a ~~~~ Z ~ a~ ~-o u ~ ~, ~ C o ~ ~ c~ ~ ~ ° 3 N L ~ T C 0 D. ~ ~ ~ ~ °'~~~, o '~ ~ ~ m a °~ a~ .a s m c ~~~~ E m ~ S ~ o ~ i °o a~ ~_ ~ ~`° rn ~ ~ 3 w c c { ~~ aL ~ ~ c a w a~ ~ °- ~ o ~ ~ o `!' H a MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE DAVID CROSSLAND AND ANNE CROSSLAND LEGAL DESCRIPTION HOMESTEAD S, FIRST AMENDED SUBDIVISION EXEMPTION PLAT AND 1041 HA7ARD REVIEW SITE PLAN FOR CHAPARRAL ASPEN, recorded October 1 S, 2002 in the real property records of Pitkin County, Colorado at Piat Book 62 at Pages 99-101 as Reception No. 473441 and Amended Plat and 1041 Hazard Review Site Plan recorded November 21, 2003 in Plat Book 67 at Page 88. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNtSHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THI5 REPORT. EFFECTIVE DATE: January 29, 2007 @ 8:00 A.M. PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: 2296 00009 } [_~ ~ ~, ? ,,,,k r .., .. __._ ('~ d ~~ SPECIAL'WARRANTY DEED ~~~~1~~ THIS DEFb, Made this 4t° day of January. 2006, JaN t c ~~~~~ ~~~~~Cwu~~~~~ ~~~ ~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ rJ g 9289 t 1 DTLL PI7KIN COUNTY CO R 11.0D D 390.00 between WOODY CREEK VENTURES, LLC., a Colorado limited liability corr>pany, of the County of Pitkin, State of Colorado, grantor, and DAV[D CROSSLA]`'D and ANNE CROSSLAND, whose legal address is c/o Oates, Knezevich & Gardenswartz, 533 E. Hopkins Avenue, Third Floor, Aspen, Colorado g1+5I 1, grantee WITNESSETH, That the grantors, for and in consideration of'the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confimt, unto the grantees, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: HOMESTI=:A17 5, FIRST AMENDED SUBL)fVISIUN EXEMPT70N PLAT AI~'D 1041 HA7.A.RD REV]EW SITE PLAN FOR CHAPARRAL ASPEN, recorded October 15, 2002 in the real property records of Pitkin Cotmty, Colorado at Plat Book 62 at Yages 99-1 U 1 as Reception No. 473441, together with all access easements as sat forth in PSat recorded October 15, 2002 in Plat hook 62 at Pages 99-101 [referred to herein as "the Property"); TOGETHER with aU and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the alcove bargained premises, with the hcreditamcnts and appurtenances; subject to the exceptiotas found on Exhibit A, attached hereto and incorporated here by this reference, and subject to the followinb restriction: The improvements constructed on the Property may not exceed 14,750 square feet, of which no more than 10,000 square fact may be above-grade floor area (as calculated by the Pitkin County Auilding Department), no more than 4,fl00 square feet may be below grade, and no more than 750 square feet :nay be for a detached garage. The limitation on floor area set forth above shall not apply to any Historic structure which exists on or is moved w the Prapcrty. This restriction may be enforced by the Chaparral Aspen Homeowners Association, a Colorado nonprofit corporation its successors and assigns, and/or Grantor. The grantor, for itself, its successors and assigns ,does covenant and agree that it shall and will WARRANT A1V'D FOREVER DEFEND the above-bargained premises in the yuiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, except for those itertss set forth in Exhibit A, attache-d hereto. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all ganders. IN WITNESS WHEREOF, the gtartwr has executed this deed an the date set forth above. WOODY CREEK VENTURES, LLC a Colorado Limited Liability Company STATE OF COLORADO Ay: >~~_ _ ohn G. Sarpa, er ss acknowledged before me this 4'" day of January, 2006, by John G. 5arpa as Manager of 'jColorado Limited Liability Company. ld~ e Notary Public ~- 519289 TRANSFER DECLARATION RECEIVED 01!05!2006 c.~t>eteicte~nwooer c~ venfuroslClosings~Cross4ard svxw wara~tr ored.,,~d Junq 24, 20D2 the person authorized to receive this document is DAVID KELLY C3ATES, KNEZEVIGH ~ GARDENSWARTZ 533 E. HOPKINS ASPEN, GO 81611 17 ~DUV.7~ COUNTY OF PITKIN EXHiB1T "A" 1. Taxes far the year 2006 net yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded July 28, 1901 in Book 55 at Page 99 and June 19, 1923 in Book 159 at Page 245. 3. An undivided one-half of all ail, gas and other minerals in the subject lands, as set forth in instrument recorded April 17, 1953 in Book 176 at Page 607, and any and all assignments thereof. 4. Terms, conditions, provisions, obligations and ail matters as set forth in Resolution of the Board of County Commissioners recorded February 13, 2001 as Reception Na. 451430 as Resolution No. 158-2000 and Resolution of the Board of County Commissioners recorded May 24, 2004 as Reception No. 497955 as Resolution No. 059-2004 and Administrative Decision recorded October 11, 2001 as Reception No. 459669. 5. Terms, conditions, provisions and obligations as set forth in Final Order recorded February 15, 2001 as Reception No. 451542. 6. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Chapan-al Aspen recorded August 14, 2001 as Reception No. 457541, First Amendment thereto recorded January 23, 2003 as Reception No. 477658, Second Amendment thereto recorded January 23, 2003 as Reception No. 477659, First Amendment to Water Use and Ditch Operating Agreement recorded December 26, 2002 as RecepGan No. 478552, First Amendment of Irrigation and Pond Construction Guidelines recorded February 19, 2003 as Reception No. 478909, Third Amendment thereto recorded January 4, 2006 as Reception No. 519246 and Fourth Amendment thereto recorded January 4, 2006 as Reception No. 519247 deleting therefrom any restrictions indicating any preference, {imitation or discrimination based on race, color, religion, sex, handicap, familial status, ar national origin. 7. Terms, conditions, provisions and obligations as set forth in Development Agreement recorded August 14, 2001 as Reception No. 457542. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 15, 2002 in Plat book 62 at Page 99 and Amended Plat and 1041 Hazard Review Site Plan recorded November 21, 2003 in Plat Book S7 at Page 88. 9. Terms, conditions, previsions and obligations as set forth in Grant of Easement recorded August 14, 2001 as Reception No. 457544. 10. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded October 30, 2001 as Reception No. 460243 and re-recorded November 1, 2001 as Reception No. 460352. 11. Terms, conditions, provisions and obligations as set forth in Easement recorded November 18, 2002 as Reception No. 474979. 12. Easement and right of way for an electric transmission or distribution tine or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded December 6, 2002 as Reception No. 475734. , 13. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Hoiy Cross Electric Association, Inc., recorded December 6, 2002 as Reception No. 475735. 14. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded January 2, 2003 as Reception No. 476805. 15. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded October 9, 2003 as Recap#ian No. 469580. I~~~i~ ~~II~ i~~lH ~~II~ ~~~ I~~~~~ ~1~~~ ~~I ~~~~ ~~~ ~~~~ 0 9~ 2 @9 i I : I LL I7K7N COLWTV GO R 11.00 D 390.00 voooo~ STATUTORY POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWEROFATTORNEYACT. IF YOUHAVEANYQUESTIONSABOUTTHESEPOWERS,OBTAINCOMPETENTLEGALADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWEROFATTORNEY 1F YOU LATER WISH TO DO SO. YOU MAY HAVE OTHER R[GHTS OR POWERS UNDER COLORADO LAW NOT CONTAINED IN THIS FORM. I, DAVID CROSSLAND, appoint David B. Kelly, ESQ. and/or Sohn T. Kelly, ESQ. as my agent (attorney-in-fact) to act for me in any lawful way with respcx:t to the following initialed subjects: TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. X (A) Rwl property transactions (H) Estate, trust, and other beneficiary transactions. (wbeo'properly recorded). _~ (B) Tangrble personal property transactions. (1) Claims and litigation. (C) Stock and bond transactions. (l) Personal and family maintenance. ~_ (D) Commodity and option transactions. (K) Benefits from Social Security, Medicare, Medicaid, or other government+', (E) Banking and other financial institution transactions. programs, or military service. (F) Business operating transactions. (L) Retirement plan transactions. (G) Insurance and annuity transactions. (M) Tax matters. SPECIAL INSTRUCTIONS ON TIIE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT: To execute alt deeds, bills of sale, wntracts, closing documents and do alt other acts of whatever nature necessary to accomplish the sale of the property described as Homestead 5, ofCHAPARRAL ASPEN according to the Plat tirereofrecorded October 15, 2002, in Plat Book 62 at Pages 99-[01, County of Pitkin, State ofColorado as Reception No. 47344 [,and according to the Declaration of Protective Covenants for Chaparral Aspen, recorded oa August 14, 2001, County of Pitkin, State of Colorado as Reception No. 45754[, the Fust Amendment. Of Protective Covenants for Chaparral Aspen, recorded on January 23, 2003, County of Pitkin, State ofColorado as Reception No. 477658, the Sxond Amendment of Protective Cov~anis for Chaparral Aspen, recorded on January 23, 2003 County of Pitkin, State of Colorado as Reception No. 477659, and the Tltird Amendment of Protective Covenants for Chaparral Aspen, recorded on , 2005, County of Pitkin State of Colorado as Reception No. together with and subject toall easements, rights-of--way reservations, and other encumbrances ofrecord. UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY 15 EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent STRIKE AND INITIAL THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE [F YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation. I agree to indemnify the t(hir~d party for any claims that arise against the third party because of reliance on this power of attorney. Signed this(~~- day of ~ fP~.l/r/ , 2005. ~~~ t Name: David~Crossland SSN: ~Sc.,~rua aF SEycy V lLL VI" ~Fr.~•vN~` t s c..t.vCK' ~ SS. ~~C yr ACKNOWLEDGED before me this ~..Jk WITNESS my hand and official seal. MY-a~a~isciex-orcpirac: day of December, 2005, by David k `~ BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THEFIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. UU~~~ O.A, POt.L,1Wp MY COMNHSSION IS O ~ s g~~ ~MTHOIJTI IMfTl1~I STNq IFG ~cnociF~~E,~TREEI; STATUTORY POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLARVED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHOKI2;E ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWEROFATTORNEY 1F YOU LATER WISH TO DO SO. YOU MAY HAVE OTHER RIGHTS OR POWERS UNDER COLORADO LAW NOT CONTAINED [N THIS FORM. I, ANNE CKOSSLAND, appoint David B. Kelly, ESQ. andlor John T. Kelly, ESQ. as my agent (attorney-in-fact) to act forme in any lawful way with respect to the following initialed subjects: TO GRANT ONE OR MORE OFTHE FOLLOWING POWERS, INITIAL THE LINE W FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF I'1'. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. X (A) Real property hansactions (H) Estate, trust, and other beneficiary transactions. (when properly recorded). X ($) Tangible personal property transactions. ([) Claims and litigation. (C) Stock and bond transactions. (]) Personal and family maintenance. (D) Commodity and option transactions. (K) Benefits from Social Security, Medicare, Medicaid, or other governmental (E) Banking and other financial institution transactions. programs, or military service (F) Business operating transactions. (L) Retirement plan transactions. (G) Insurance and annuity transactions. (M) Tax matters. SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES YOU MAY GfVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT: To execute all deeds, bills of sate, contracts, closing documents and do all other acts of whatever nature necessary to accomplish the sale of the property described as Homestead 5, ofCHAPARRAL ASPEN according to the Plat thereofrecorded October I5, 2002, in Plat Book 62 at Pages 99-101, County of Pitkin, State of Colorado as Reception No. 473441, and according to the Declaration of Protective Covenants for Cha 2001, County of Pitkin, State of Colorado as Reception No. 457541, the First Amendment, Of Protective Coveaan~forlCha rral o~~onAugust 14, January 23, 2003, County of Pitkin, State of Colorado as Reception No. 477658, the Second Amendment of Protective Covenants foAr C~hapaaal Aspen, recorded on January 23, 2003 County of Pitkin, State of Cobrado as Reception No. 477659, and the Third Amendment of Protective Covenants for Chaparral Aspen, recorded on , 2005, Countyof Pitkin State ofColorado as Reception No. together with and subject toall easements, rights-of-way reservations, and other encumbrances of record. UNLESS YOU DIRECT OTHERWISE ABOVE, THlS POWER OF ATTORNEY !S EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT iS REVOKED. This power of attorney wilt continue to be effective even though I become disabled, incapacitated, or incompetent. STRIKE AND INITIAL THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party ]earns of the revocation. I agree to indemnify the thirdrd party For any claims that arise against the third party because of reliance on this power of attorney. Signed this ~ day of OPCG.t t/U , 2005. ~11fl- ~~ oS,ti~ Cv.J Name: Anne Crossland SSN: jSl~t.v0 OF'.SC~C`~ ~ l~ Ln,u~s SS. ACKNOWLEDGED before me this ~ day of December, 2005, by . aiati,dn4. WITNESS my hand and official seal. BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT AGENT. 1 Notary Pub c ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN MY COMMISSION iS 000099 ..._..._. _...._... NUTS P.O. BOX 87, 22 GRE7WI~IB STREET: C'T' Llrt ~r-n Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tay Information Parcel I~etaiI ~ Value Detail ~ Sales Detail ~ Residential/Commercial Im_brovement Detail Land Detail ~ Photo~raahs Tax Area ~~ Account Number ~~ Parcel Number I~ Mill Levy 007 ~~ R018572 ~~ 264310201004 I~ 27.342 Owner Name and Address GENERAL UTE LLC (PO BOX 670 WOODY CREEK, CO 81656 Legal Description ~SUB:CHAPARRAL ASPEN LOT:4 DESC: ~HOIVIESTEAD 4 Location Physical Address: ~~1140 CHAPARRAL DR WOODY CREEK Subdivision: ~~CHAPARRAL ASPEN Land Acres: ~I36.915 Land Sq Ft: IIO Property Tax Valuation Information ~ ~~ Land: ~~ Improvements:I~ Total: I~ Actual Value I~ 7,000~~ 0~~ 7,000~~ Assessed Value 2,030) 0~ 2,030 oooloo http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R018572 3/8/2007 ~. _ _ .__ Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Pron_ erty Search ~ Assessor Subset Querv ( Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Ta:~ Information :Parcel Detail. ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail. Land Detail ~ Photocraphs Tax Area 11 Account Number ~ ~ Parcel Number 11 Mill Levy 007 ~~ R018571 ~ ~ 264310201003 ~~ 27.342 Owner Name and Address TRINITY DEVELOPMENT GROUP LLC 450 NEWPORT DR #550 NEWPORT BEACH, CA 92660 Legal Description ~SUB:CHAPARRAL ASPEN LOT:3 DESC: HOMESTEAD 3 Location Physical Address: 111125 CHAPARRAL DR WOODY CREEK Subdivision: 11CHAPARRAL ASPEN Land Acres: 1140.845 1 Land Sq Ft: ~IO Property Tax Valuation Information ~~ Actual Value 1~ Assessed Value ' Land: ~~ 16,10011 4,670 Improvements: 11 O 1 0 Total: ~~ 16,10011 4,670 ~UQlnl http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R018571 2/23/2007 Parcel Detail Pitkin County Assessor/Treasurer Parcel Detail Information Page 1 of 3 Assessor/Treasurer Pro_berty Search ~ Assessor Subset Ouerv ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail. ~ Sales Detail ~ Residential/Commercial Improvement Detail. Land Detail ~ Photographs Tax Area ~~ Account Number ~~ Parcel Number ~~ Mill Levy 007 ~~ R418574 ~~ 264310201006 II 27.342 Owner Name and Address ST CLAIRE COMPANY LLC IATTN: RICHARD MICHAELS 8891 RESEARCH DR IRVINE, CA 92618 Legal Description ~SUB:CHAPARRAL ASPEN LOT:6 DESC: HOMESTEAD 6 Location Physical Address: ~~834 CHAPARRAL DR WOODY CREEKI Subdivision: IICHAPARRAL ASPEN Land Acres: ~~35.045 Land Sq Ft: ~IO Property Tax Valuation Information ~~ Land: I~ Improvements: ~~ Total: ~~ Actual Value ~~ 3,900,000I~ OI) 3,900,000~~ Assessed Value 1,131,000 0~ 1,131,000 00010. http://www.pitkinassessor.org/assessor/Parcel. ash?AccountNumber=R018574 2/23/2007 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 6, 2001 at 8:00 AM Case No. PCT16662L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-Form 1992 Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: WOODY CREEK VENTURES LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: HOMESTEAD 1, 2, 3, 4, 5, 7, 8, 9, 10 and 11, SUBDIVISION EXEMPTION PLAT AND 1041 REVIEW SITE PLAN CHAPARRAL ASPEN, according to the final Plat recorded August 14, 2001 as Reception No. 457540 in Plat Book 58 at Page 41. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81612 97Q-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. ,i 000103 SCHEDULE B~ -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument{s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF T[TLE INSURANCE. ~~ a ~.~14 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records_ 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded July 26, 1910 in Book 55 at Page 179. (Affects Homesteads 1, 6, 7, 8, 9 and 101) 8. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 18, 1923 in Book 159 at Page 245. (Affects Homesteads 5, 6, 7, 8, and 9) 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded February 3, 1896 in Book 55 at Page 63. (Affects Homesteads 1, 2, and 3) 10. Right of the proprietor of a vein or lode to extractor remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded July 26, 1901 in Book 55 at Page 99. (Affects Homesteads 1, 2, 3, 4, 5, 6, and 71) 11. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded January 8, 1947 in Book 171 at Page 207. (Affects Homesteads 10 and 11) 12. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded January 8, 1947 in Book 171 at Page 207. (Affects Homesteads 10 and 11 }. 13. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 27, 1890 in Book 55 at Page 12. (Affects Homesteads 1 and 2) 14. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded February 11, 1909 in Book 55 at Page 170. (Affects Homestead 11) (Continued) .. r~,.. ooola~ SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Undivided 1/2 interest in all oil, gas and other mineral rights, as reserved by Daniel A. McPherson in the Deed to Fred J. Hangs recorded April 17, 1953 in Book 176 at Page 607 and any and all assignments thereof or interests therein. (Affects Homesteads 1, 2, 3, 4, 5, 6, and 7} 16. Easement and right of way for electric transmission lines as granted to Colorado-Ute Electric Association, Inc. by Sullivan Vagneur in the instrument recorded January 7, 1964 in Book 205 at Pages 364 and 366. (Affects Homesteads 1, 10 and 11) 17. Easement and right of way for electrical transmission lines as granted to Colorado-Ute Electric Association, Inc. by Sullivan Vagneur Estate in the instrument recorded July 29, 1975 in Book 301 at Page 304. (Affects Homesteads 1, 10 and 11) 18. Easement and right of way for electric transmission lines as granted to Colorado-Ute Electric Association, Inc. by Vagneur Ranch Company in the instrument recorded August 12, 1976 in Book 301 at Page 701. (Affects Homesteads 1, 10 and i 1) 19. Easement and rights-of-way far the following roads: A. Woody Creek Tol{ Road as disclosed by documents recorded November 12, 1901 in Book 73 at Page 19 and recorded November 11, 1891 in Book 93 at Page 327. B. Road as conveyed to County of Pitkin by document recorded November 4, 1926 in Book 157 at Page 240. C. Scott Road and Lenado Toll Road as disclosed by document recorded January 4, 1932 in Book 176 at Page 130. D. Road as conveyed to George Rohrbaugh in document recorded October 2, 1913 in Book 154 at Page i49. E. Road as conveyed to Pitkin County in document recorded January 3, 1918 in Book 156 at Page 41. F. Wagon road as reserved to Sullivan Vagneur in document recorded March 22, 1944 in Book 166 at Page 261, as they may affect the subject property. 20. Easement and right-of-way for the following dithes insofar as they may affect subject property: Waco Ditch, Dry Woody Ditch, Salvation Ditch, The Bourg and Clavel Extension of the Salvation Ditch, D'Avignon Ditch, Harmon Ditch and Clavel Ditch, as they may affect the subject property. 21. Terms, conditions and obligations of Easement Agreement as granted to Wyland Kittle by Vagneur Ranch Co. recorded February 24, 1987 in Book 530 at Page 98, as it may affect the subject property. 22. Easement and right of way to construct, reconstruct, operate, maintain and remove an electric transmission or distribution line as granted to Holy Cross Electric Association, Inc. by William Braun in instrument recorded October 17, 1988 in Book 575 at Page 964. (Affects Homestead 1) 23. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 22, 1999 as Reception No. 436904 as Resolution No. 99-42. 24. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County recorded February 13, 2001 as Reception No. 451430 as Resolution No. 158-2000. (Continued) 7C?"?~?6 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 25. Terms, conditions, provisions and obligations as set forth in Final Order recorded February 15, 2001 as Reception No. 451542. 26. Easement and right of way for transportation of gas as set forth in Right-of-Way Easement recorded September 26, 2000 as Reception No. 447354.(Affects Homesteads 1 and 11) 27. Terms, conditions, provisions and obligations as set forth in Development Agreement recorded August 14, 2001 as Reception No. 457542. 28. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded August 14, 2001 as Reception No. 457544. 29. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 14, 2001 in Plat Book 58 at Page-41. 30. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Chaparral Aspen recorded August 14, 2001 as Reception No. 457541, and Amendment of Constituent Documents recorded October 30, 2001 as Reception No. 460242, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. '~. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded September 26, 2001 as Reception No. 459091 as Resolution No. 077-2001. 32. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded September 26, 2001 as Reception No. 459092 as Resolution No. 088-2001. 33. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded September 26, ,2001 as Reception No. 459093 as Resolution No. 078-2001. 34. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 022-2001, Series of 2001 by Board of County Commissioners recorded September 26, 2001 as Reception No. 459094. 35. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded November 1, 2001 as Reception No. 460352. 36. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded September 26, 2001 as Reception No. 459093 as Resolution No. 078-2001. (Affects Homesteads 1 and 10) 37. Terms, conditions, provisions and obligations as set forth in Adminstrative Decision recorded October 11, 2002 as Reception No. 459669. (Affects Homestead 11) (Continued) p001~7 . _.. ..~ SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 38. Deed of Trust from: WOODY CREEK VENTURES, LLC To the Public Trustee of the County of PITKIN For the use of :BANK OF AMERICA, N.A. Original Amount : $10,000,000.00 Dated :November 5, 2001 Recorded :November 9, 2001 Reception No. :460679 000108 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2} Water rights, claims or title to water. {NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will. be deemed to have provided "Gap Coverage'. Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Ageni; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule 8 of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third parry holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No_ PCT16662L A and B are attached. C~~0109 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-17fifi/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. $1611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020048062 REFERENCE:PCT16662UPROFORMA 000~~~ Pitkin County Title, Inc. Privacy Policy rVe collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and • Information from public records We do nvt disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. .'e maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 00011 L~N.~AME c RI A PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three lazgest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company -may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. you ~y review a list of LandAmerica companies on our website (w'ww.Iandam.com). you may also visit our website 'for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmoad, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Trtie Insurance Company, Commonwcaith Land Title Insurance Comp~y of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortra~es: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title A.eents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title 8t Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title 8c Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, EI Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, MR Title Agency, NIA/ Lawyers Tide Agency, Oregon Title, Park Title, Partners Title Company, pikes Peak Title Services, RE/Affirm Tide Agency, Rainier Tide Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Tide Agency, Transnation Tide & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. '' "b 000112 FORM 3391-6 (May 2001) LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there aze companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker tha# you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transactipn. if you are concerned about the information we have collected, please write to us. How we use this information, The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by your or your lender,. or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may shaze certain information among themselves in order to identify and market their own. products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguazds that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family ate covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statements oao~~3 k FORM 339 S -6 (May 2001) ' ,3 tSSIIED BY jawyersZitle jnsurance Crporation COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6} months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TI7LE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION a u..~~ =_.~ ~wsus~N~F'h Attest: ~~ ~ l~~ i > ' ~ ~ .t ~ g i3. ~ ~;-., y' C~ Secretary ~i"~': 1925 :?~°~ 4,I -ti,` ,: President ,`,~h~M~ .r ` .. Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any -oss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shat[ not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual lass incurred in reliance hereon in under taking in good faith (a} to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exciusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the stains of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ~~Q~~~~ ALTA Commitment - 1966 Cover Page Forrn 1004-268 „r,,,.,.,,., PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and~+AVC~i ~~ +F-4~-a~.i~ ~P~s'~L-o4+~J (hereinafter "APPLICANT") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for ~ ~ Ncs'tz~~„~,~!-i htl~E~~1-c-8~~ (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director ~~~~~~ ("APPLICANT") l~ H~ ~ . I~CC~, _ ~-~,., ~ ~ ~~- Print Name and Title~(if applicable) Date: Mailing Address: ©~S ~ia~~~co- ~'5-n~aTr-~-~ Y--~c.s-Y, 1~C . d~a~, ea ~~b~i 000.15 ' ~ ~ ` ~ {' II 7 ' ~;OMMUNYTY DEVELOPMENT DEPARTMENT 3 ~{ 130 South Galena Street >> i j Aspen, Colorado 81611 { 't (970) 920-5526 ' Pitkin County ~~ Land Use: 1 172 Board of Adjustment ; 159 County Ladd Use Code ~~~~ ,~..-- '3 174 Flat Fee 162 Zoning and Sign 169 Public Notice+ ,Ij 160 Planning Enforcement { 175 Hearing Officer j { ~' Referral Fees: f ~ { 210 Airport _ { 'i LUCO 1 County Clerk ~ ,. ~ ~v ..._ `.~ _~(,p ,, ~ , .211 County Engineer - ~~ ' ~ 194 Environmental Health i '~ ' 208 Historic ~, 198 Housing 190 Land Management "1 ''! 209 Redstone HPC - ~ 206 Wildlife Officer `~ ~, Building Fees: 170 Board of Appe~s ` 105 Building Permit ~~:~ i 120 Electrical Permit ; f ' 195 Energy Code Review f 115 Mechanical Permit 1 150 Plan Check ~ 110 Plumbing Permit '~ 130 Reinspection i - ~' 152 AVFD Fire Marshal ~~ 158 BFD Fire Marshal ~ Other Fees: i t ,f"1 155 Use Tax ~~ l 1 i 7`~ 165 Copy I ~~ _ { PZ005 Master Plan Copy ~.y 185 Park Dedication IS GIS Requirements (~ `, act Fee ~ ~ 161 Housing Imp , B 1202 Road Impact Fee '~ B1203 School Impact Fee rr ~G t TOTAL j .. f 1 x :. ~ "i ~~ I NAME: ~ .._ zF r .. i ~~ , ADDRESS/PROJECT: ~ ~ f f PHONE: ,, ...~...~. _ 1 ' CHECK# i ~4 CASE/PERMIT# ,~ ~{ { ...,-- , - INITIAL: ,":~ ~ - '' DATE: ~ ~" ~, ~. ~. ._. „ ~,;,„; LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER