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Home My WebLink Aboutcoa.lu.co.403 Galena St.0072.2017.aslu0072.2017.ASLU 403 Galena & 447 Cooper 273718221010 & 273718221009 Condom iniumization S La ✓► eL_e� 9l /7j C�7 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS a�►�►,'► CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0072. 2017.ASLU PROJECT ADDRESS 403 GALENA & 447 COOPER PARCEL ID CONDOMINIUMIZATION PLANNER SARA NADOLNY CASE DESCRIPTION CONDOMINIUMIZATION REPRESENTATIVE NEIL E GOLUBA DATE OF FINAL ACTION 12/08/2017 CLOSED BY ANGIE SCOREY 7.17.18 Permit OO72.2O17.ASLU — Parcels 273718221010 & 273718221009 J J J �J J 0. = :M '. J. l X•L -pW Main Custom Fields Fees Fee Summary Actions Routing History Permit type I aslu Aspen Land Use Permit # 0072.2017.ASLU Address 403 S GALENA ST Apt/Suite, City ASPEN State CO Zip F1611 Permit Information Master permit L — Routing queue aslul5 Applied 08/31/2017 --- Project Status pending Approved Description 403 Galena & 447 Cooper. Condominiumization to allow for separate ownership of the Issued buildings. Closed/Final Submitted Neil Goluba 970 945 9141 Clock Running Days Expires 08/26/2018 Submitted via Owner Last name GUIDOS SWISS INN LLC Fist name Phone ( ) Address Applicant Owner is applicant? Contractor is applicant? Last name GUIDOS SWISS INN First name 393 B 162 RD CARBONDALE CO 81623 Phone (- ] Cust # 19132 Address Email I - ----� Lender Last name First name Phone ( ) Address Check 11354 — Receipt 43801 Engineering referral; 2 copies Janice K. Vos Caudill Pitkin County Clerk and Recorder 534 East Hyman Avenue Aspen, CO 81611 (970)429-2716 Number of Documents Recorded: 6 VivKIN Transaction Receipt CouNT� Print Date: 12/12/2017 01:42:08 PM Transaction #604312 Transaction Type: Recording Receipt #2017007050 Cashier: Ingrid Grueter Cashier Date: 12/12/2017 01:41:43 I'M Reception#643751 - AUTHORITY STATEMENT OF - Recording Surcharge: $3.00 1pg(s) Recording Fee: $10.00 $13.00 Reception#643752 - AUTHORITY STATEMENT OF - Recording Surcharge: $3.00 1pg(s) Recording Fee: $10.00 $13.00 Reception#643753 - PLAT - 1pg(s) Recording Surcharge: $3.00 Book 120 / Page 055 Recording Fee: Plats: $10.00 $13.00 Reception#643754 - CONDOMINIUM Recording Surcharge: $3.00 DECLARATION - 7pg(s) Recording Fee: $40.00 $43.00 Reception#643755 - QUIT CLAIM DEED - Ipg(s) Recording Surcharge: $3.00 Recording Fee: $10.00 $13.00 Reception#643756 - QUIT CLAIM DEED - 1pg(s) Recording Surcharge: $3.00 Recording Fee: $10.00 1 $13.00 Total Fees $108.00 Payment Received: Check #11380 $108 00 Change $0.00 Presented by: NEIL GOLUBA OVER THE COUNTER *, CO * CERTIFICATE OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING THE OWNERS IN FEE SIMPLE OF THE FOLLOWING -DESCRIBED REAL PROPERTY SITUATED IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, TO WIT: LOT E, F AND G, BLOCK 9% CITY AND TOWNSME OF ASPEN LOT H AND I, BLOCK 90, CITY AND TOW NSITE OF ASPEN HAVE BY THESE PRESENTS CONDOMINIUMRED SAID PROPERTY INTO UNITS A AND B AS DEPICTED AND DESCRIBED HEREON, WHICH UNITS SHALL BE SUBJECT TO THE DECLARATION OF EASEMENTS AND MAINTENANCE OBLIGATIONS FOR THE MEYER CONDOMINIUMS RECORDED TEt- 1a.. 2017, AS RECEPTION NO. '2.i S4 (THE'DECIARATIOW). DECLARANT: MEYER BUSINESS BUILDING LLC (LOTS E, F AND G) ? J GER DECLARANT: GUIDO'S SWISS INN WC(LOTS HAND I) GER STATE OF COLORADO ) ss. COUNTY OFG" THEFOREG INGCERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME Tlllg Pr OAY OF 2017, BY AS MANAGER OF MEYER BUSINESS BUILDING LLC AND AS MANAGER OF GUIDO'S SWISS INN LLC, BOTH COL COLORADO UMOED LIABIUTICOMPANIES. WITNESS MY HAND AND OFFICIAL SEAL MY CON MI N EXP E - TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., A TITLE COMPANY REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HEREBY CERTIFIES THAT MEYER BUSINESS BUILDING LLC (LOTS E, F AND G) AND GUIDO'S SWISS INN LLC (LOTS H AND 1) HOLD FEE SIMPLE TITLE TO THE PROPERTY, FREE AND CLEAR Of ALL MONETARY LIENS AND ENCUMBRANCES EXCEPT THOSE IDENTIFIED IN THE TITLE COMMITMENT REFERENCED IN SURVEY NOTE 5 (THIS SHEET). ALTHOUGH WE BEUEVE THE FACTS STATED ON THIS MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TIRE, NOR A GUARANTY OF TITLE, AND IT 15 UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC- NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBUGAT10N OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. PITKIN COUNTY TITLE, INC !BV,: R� AGEN DATE: ADDRESS: STATE OF COLORADO) ) Ss COUNTY OF PITKIN ) THE FORUMCERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS�DAY OFIMS!iRLr2. 2017, BY 0A gt WOl.fE AS AGENT OF PITKIN COUNTY TIRE, INC WITNESS MY HAND AND OFFICIAL SEAL MY =5SN NOTARYPUBI)C PLAT NOTES R 11 THE OWNERS OF THE UNITS ACKNOWLEDGE THAT THE CITY OF ASPEN SHALL -EAT THE PROPERTY FROM WHICH THE UNITS IDENTIFIED IN THIS CONDOMINIUM PLAT ARE CREATED AS A SINGLE PARCEL FOR FUTURE REDEVELOPMENT PURPOSES. FUTURE REDEVELOPMENT OF EITHER UNIT SHALL BE SUBJECT TO THE THEN APPLICABLE SECTIONS OF THE ASPEN LAND USE CODE AS AMENDED, INCLUDING, BUT NOT UNITED TO, GROWTH MANAGEMENT, PARKING, AND PEDESTRIAN AMENITY- WITH APPLICABLE CALCULATIONS BASED ON THE DIMENSIONS AND QUALITIES OF BOTH UNITS AS A WHOLE. CONDOMINIUM PLAT OF: MEYER CONDOMINIUMS LOCATED IN BLOCK 90, ORIGINAL CITY AND TOWNSITE OF ASPEN, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THIS PLAT CREATES UNITS A AND B OF THE MEYER CONDOMINIUMS SHEET 1 OF 1 I I \ C.O.A. GPS MONUMENT#5 S. GALENA & . E. HOPKINS BRASS CAP I 1 I I r GRAPHIC SCALE m ` W N ffi ( IN FEET) 1 in = 20 ft U.S. SURVEY FOOT x 7zrwR>E FASTCOOPER AVENUE\ E INGAW WS5 UFCTTC REY0Cl ENEAg001MENTAGREEl Alp W \ � AEC 83.20K7 \ 1 \ I LDTE I IOTF I WTG I \ \ I I I -\ WAGNERPARK UNITA RAW `vRw8,837 sq.Rt 1 DW3—re f AI/BC P I �R CCRS007181NI1/MS \ Dp S711' 12' 1I'E 3.85' I \ \ I rXWEJX OCAND - --- - � mMMUNIunaNs - - � ° I `-- � e ImunES FasFA+FNr '(•-\�.•. I I•. 1'IT •'N(t9(16'3 •I• I • '17'44'W 45014 B �• RN , s .. • . - • . BLOOf 9071UEY ` LS.p3p225• ' '.S1174' WIBRROAn 1.0' WITNE3 C i l I MORTGAGEE CONSENT CERTIFICATE THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 576139 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM PLAT, AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS 1�_- DAY OF 7�� 2017. WELLS FARGO BANK B ITS: �% VY.A.. \' 4...,..Z.�.ji• STATE OF 6\� b 1 ) ss. CO LINTY OF _1HE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS �� DAV OF 2017, BV A5y2 '� OF WELLS FARGO BANK. WITNESS MY HAND AND OFFMY�HAN�D AND OFFICIAL SEAL EXPIRES V :MFNEXP am��. Ev:A CF•a:. I ST. rEC.cc^�011'.lil NOT. YFY 102015108 l53 I Mr C�N;N95i0N E�IF2'GOCICO[,T 15. z_: WHEELER OPEM HOUSf VIEW PLWE PXiHNt In pRIQ 21Y - _- KTiNESS CORNER _.- -1 i 1\ _ - I 7AD WIDE _ - SOUTHGAlfNA51REEI RAW _ (BRIOD EXBTYHGRRREVOCA II \ SURIKTOFREYOdMF DVOIWORNEMUO]6F REC Af4T2A COA. GPS MONUMENT# I S. GALENA & E. DURANT BRASS CAP I; L XMSl12NE / CDA �jPS MONUMENT #1 S WEST END & E. DURANT \. MASS CAP S74'14'04"E 1380.52' MORTGAGEE CONSENT CERTIFICATE THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 616998 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM PLAT, AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS 8 DAY OF 7�R-• "- 2017. TIMBERLINE BANK /] BY: 'L P 1— ns STATE OF Ly1Y —4 ) COUNTY OF;7 I THE F REGOjL1G INSTRUMENT Wq5 ACKNOWLEDGED BEFORE ME TH6 DAY OF✓ 2017, BY �4°w.., p,.. pS V.ca {'n1•.Lt OF TIMBERUNEBANK. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: �� JASON TAETS �� YATRf.+Ptl7C l �iR OOMBMiPF� Y PUB F SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 VICINITY MAP SCALE P = 2010 SURVEY NOTES 1) DATE OF FIELD WORK JULY 2017 2) DATE OF PREPARATION: JULY - NOVEMBER 2017 3) BASIS OF BEARING: A BEARING OF S 74'14'07" E BETWEEN CITY OF ASPEN GPS CONTROL MONUMENTS GPS-2 AND GPS-1, BOTH BRASS CAPS SET IN MONUMENT BOXES AT THE APPROXIMATE INTERSECTIONS OF S. GALENA ST. AND E. DURANT AVE. AND S. WEST END ST. AND E. DURANT AVE., RESPECTIVELY. THIS BASIS OF BEARING IS CONSISTENT WITH THE MODIFIED STATE PLANE COORDINATE SYSTEM ACCORDING TO THE GP5 CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING, DATED DECEMBER 12, 2OD9 (REV. 2010). THE DESCRIPTIONS FOR ALL PROPERTIES SHOWN HEREON HAVE BEEN ROTATED TO BE CONSISTENT WITH THIS BASIS OF BEARING. 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED 1959; THE GPS CONTROL MONUMENTATION MAP PREPARED BY MARON ENGINEERING, DATED DECEMBER 11, 2009 (REV. 2010); VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. S) THIS SURVEY DOES NOT CONSTITUTE ATITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE REUED UPON THE ABOVE SAID ITEMS DESCRIBED IN SURVEY NOTE 4, ABOVE; AND THE TITLE COMMITMENTS PREPARED BY PITKIN COUNTY TITLE, INC, UNDER CASE NO. PCT25042FA2, WITH AN EFFECTIVE DATE OF JULY 25, 2017 FOR LOTS E, F AND G, AND UNDER CASE NO. PCT 24991FA3, WITH AN EFFECTIVE DATE OF MARCH 28, 2017 FOR LOTS H AND I. COMMUNITY DEVELOPMENT APPROVAL THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM PLAT HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS O,1,fAFR F�TH.�E CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COM MUNITY DEVELOPMENT DIRECTOR THIS ItDAYOF.��,.� 2017. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL IC MMUNITV De fLOPMENT DIRECTOR ENGINEERING DEPARTMENT REVIEW THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS IDS DAY OF Dg, ,2017.. C NGIN R— SURVEYOR'S CERTIFICATE I, MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM PLAT OF MEYER CONDOMINIUMS; THATTHE LOCATION AND DIMENSIONS OF EACH UNIT AND THAT UNITS IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME IS BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN JULY, 2017; THAT THIS CONDOMINIUM PLAT MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS SECTION 38-51-106; AND THAT THIS CONDOMINIUM PLAT CONTAINS ALL OF THE INFORMATION REQUIRED BY CRS SECTION 38-333-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,0D0. RECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON ARE THE SAME AS THOSE SET FORTH IN SECTION 2 OF SCHEDULE B OF THE TITLE COMMITMENTS REFERENCED IN SURVEY NOTE 5 (THIS � T 9 MARKS. P. DATE: ?Cd SEAL Ee 11 S'r/ONAL CYO "'rP CLERK AND RECORDER'S ACCEPTANCE THIS CONDOMINIUM PLAT OF MEYER CONDOMINIUMS IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK �.M., THIS (2<�`DAY OF i)Es jne'f. 2017(INNP.L_ATTBBO�O�EK�L 1/2.n�, A�T�PAG�ES ASS .RECEPTION \Y'!9"a �"^ � p� y RECEPTIOW W37GT, R: f13.W, 0: FO.00 PITKIN COU ERK ECORDER Y I PLAT BOOK 1M PAGE 0" Py 1 & 1, 121122011a101 PN b iq K. Vm CaWil4 Pi . Co .Y, CO LETTER OF CON City of Aspei Community Developmen Building Permit: 0284.2017.A Owner of Building: ROSEMARIE Building Address: 435 E COOP 3 ASPEN,CO� Group: R2 Type of Construction: VA INSTALL INTERIOR DOOR THE PLANS AND CONSTRUCTION FOR THE ABOVE DESCRIBED AND PERMITTED PROJECT HAVE BEEN INSPECTED AND APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT. AT THE TIME OF COMPLETION AND FINAL INSPECTION THE WORK WAS FOUND TO BE IN COMPLIANCE WITH ZONING AND BUILDING REGULATIONS EFFECTIVE IN THE CITY. 0�7 BuildingOfficial Date MIKE METHENY Note: In all occupancies, except R, this certificate must be posted In a conspicuous place near the main exit on the premises for which It Is Issued. Any alteration or use of these described premises or portion thereof without the written approval of the Building Official shall negate this letter and subject it to revocation. ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: Meyer Condominiums AUG 2 5 2017 Location:273718221009 and 273718221010 Parcel ID # (REQUIRED) CITY OF ASPEN (N1IU MfTY DEVEL&MENT APPLICANT: Name: Meyer Business Building, LLC and Guido's Swiss Inn Address: 23655 Two Rivers Road, Basalt, Colorado 81621 Phone #: 970-927-3803 REPRESENTIVATIVE: Name: Neil W. Gol uba Address: P.O. Box 931, Glenwood Springs, Colorado 81602 Phone#: 970-945-9141 GMQS Exemption [_] GMQS Allotment Special Review ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, 0 Mountain View Plane 0 Commercial Design Review Residential Design Variance Conditional Use 0 Conceptual PUD i Temporary Use Final PUD (& PUD Amendment) Subdivision i Conceptual SPA Subdivision Exemption (includes Condominiumization) Lot Split Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Two buildings on 5 City lots deemed merged IROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Condominiumization providing for separate ownership of buildings Final SPA (&SPA Amendment) Small Lodge Conversion/ Expansion Other: Have you attached the following? FEES DUE: $ 650 depos it ® Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards �- 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. RE' FOR PERMANENT RE -CM n Ia Agreement to Pay Application Fees m 5 o n An agreement between the City of Aspen ("City") and 'T7 -Z M Property Meyer Business Building, LLC and Phone No.: 970-927-3803 >Cl) c � Owner ("I"): Guido's Swiss Inn, LLC Email: coloradotreeranch@comcast.net 9m y M Address of 447 East Cooper Avenue Billing P.O. Box 931 2 ' Property: 403 South Galena Address: Glenwood Springs, CO 81602 (Subject of Aspen, Colorado 81611 (send bills here) aoolication) understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. __ _ flat fee for $._ flat fee for $.__ flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not ;V possible at this time to know the full extent or total costs involved in processing the application. I understand that additional y costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. Q The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650.00 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. Meyer Business Building, LLC and Guido's Swiss Inn LLC ,er: City of Aspen: Property Ow ' Jessica Garrow, AICP Community Development Director Name: �J Trish C. Meyer City Use: Title: Fees Due: $ Received $ Manager CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: May 17, 2017 PROJECT: 403 S. Galena/447 E. Cooper REPRESENTATIVE: Guido's Swiss Inn LLC & Meyer Business Building, LLC DESCRIPTION: The applicant is interested in condominiumizing a property involving lots H, I, E, F & G of Block 90 of the City and Townsite of Aspen. These lots are more commonly known as 403 South Galena St (Lots H & 1) and 447 E. Cooper Ave (Lots E, F & G). It was recently brought to Staffs attention that the two addresses operate under separate ownership. The conveyance of separate lots to different entities is considered to be subdivision, requiring the City's approval. The City, however, does not have any record that the property was ever properly subdivided in accordance with the Land Use Code. Condominiumizing the property would permit the establishment of separate ownership interests of the common parcel. The subject site is located in the historic Commercial Core (CC) zone district, but is not a designated historic resource. All dimensional requirements will be based on the 15,000 sq. ft. total lot size. The applicant will need to coordinate with the Building Dept. regarding implications of placing a lot line through the common circulation area for the buildings. Condominiumization is an administrative form of subdivision, and will be reviewed by Planning Staff in accordance with the requirements found at subsection 26.480.050(A) of the Land Use Code. A draft plat will be required for review by the Engineering and Planning Departments, and a final plat will be recorded with the Pitkin County Clerk and Recorder in accordance with the standards prescribed in Title 29 — Engineering Design Standards, Plats. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480 Subdivision 26.480.050.A Condominiumization 26.710.140 Commercial Core (CC) Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application Land Use Code: Land Use Code Review by: Staff for completeness ASLU 403 S. Galena/447 E. Cooper Subdivision - Condominiumization Parcel ID No. 273718221010 1 Public Hearing: City Council Planning Fees: $650 Deposit for 2 hours of staff time (additional planning hours are billed at a rate of $325/hour). Referrals: None Total Deposit: $650 Please submit the completed application to the Community Development Office on the Third Floor of City Hall: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ a digital copy of all application materials provided in pdf file format, submitted on a USB drive. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 CERTIFICATE Of OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS. THAT THE UNDERSIGNED, BEING THE OWNERS IN FEES IMP LIE OF THE FOLLOWING -DESCRIBED REAL PROPERTY SITUATED IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, TO WIT LOT E, F AND G, BLOCK 90, CITY AND TOWNSITE OF ASPEN LOT HAND I, BLOCK 90, CRY AND TOWNSITE OF ASPEN HAVE BY THESE PRESENTS CONDOMINIUMIZED SAID PROPERTY INTO UNITS A AND GAS DEPICTED AND DESCRIBED HEREON, WHICH UNITS SHALL BE SUBJECT TO THE DECLARATION OF EASEMENTS AND MAINTENANCE OBLIGATIONS FOR THE MEYER CONDOMINIUMS RECORDED 2017, AS RECEPTION NO. (THE "DECLARATIOMI. DECLARANT: MEYER BUSINESS BUILDING LLC ILOTS E, F AND G) BY: MANAGER DECLARANT: GUIDO'S SWISS INN LLC (LOTS HAND I) BY: MANAGER STATE OF COLORADO ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 2017, BY AS MANAGER OF MEYER BUSINESS BUILDING LLC AND AS MANAGER OF GUIDO'S SWISS INN LLC, BOTH COLORADO LIMITED LIABILITY COMPANIES. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES'. NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., A TITLE COMPANY REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HEREBY CERTIFIES THAT MEYER BUSINESS BUILDING LLC (LOTS E, F AND G) AND GUIDO'S SWISS INN LLC (LOTS H AND 1) HOLD FEE SIMPLE TITLE TO THE PROPERTY, FREE AND CLEAR OF ALL MONETARY LIENS AND ENCUMBRANCES EXCEPT THOSE IDENTIFIED IN THE TITLE COMMITMENT REFERENCED IN SURVEY NOTE 5 (THIS SHEET). N ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN NB ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR UABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY AGENT DATE: ADDRESS: STATE OF COLORADO) S5. COUNTY OF PITKIN ) ' THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS _ DAY OF AS AGENT OF WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 2017, BY CONDOMINIUM MAP OF MEYER CONDOMINIUMS LOCATED IN BLOCK 90, ORIGINAL CITY AND TOWNSITE OF ASPEN, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 GRAPHIC SCALE AP ( IN FEET ) 1 inch = 20 R. U.S. SURVEY FOOT �WAGNER PARK vrwPunf PARK PLACE CONDOMINIUMS REC.K500718 PK NAA 4 9NNIER L3.-1-129 UNIT A 8,837 Kq.fL.: g \ 0.103 acre - 8 `EY¢TiNG RURgNG fOpIP WAT GROUND LFV£1 V (TYPI 2 i TKIO EIfCTRIC AND LMLA TKS EASEMEN1CATn EN UDLIT REC /SAI920 _ MASSPIN LSa34119 1.0'W1TNE9 COINER AumF2 ]3.T WIOF EAST CWPER A VENUE RNT RO.W. Tlwlrp 3 N UNIT B 6,207sq ft.t 0142 p—± 574' 12' 11'E 3.85' 3 bfaa 9oulEr iH. ]A' WIDE R.O.R MORTGAGEE CONSENT CERTIFICATE THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 576139 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM MAP, AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS DAY OF 2017. WELLS FARGO BANK BY: ITS: STATE OF ) SS. COUNTYOF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS— DAY OF 2017. BY AS OF WELLS FARGO BANK WITNESS MY HAND AND OFFICAL SEAL MY COMMISSION EXPIRES: 59.8 0 COLA GPS MONUMENT M5 S. GALENA & E. HOPKINS BRASS CAP 1 WH£EIfR OPEN HOUSE WEW PLANE PK NNIIN MKK 1.0' WITNESS CORNER 1 ENCAOA(NMENT FOR MGSTONEIN [OORA—FT AMO 3I GAUNA srREET Row ANO PIAMTER WAILS IN ' fKOCX 9y0[4LLfY Ni 3F;� .geg C.O.A. GPS MONUMENT NI C.O.A. GPS MONUMENT R2 5. WEST END & E. DURANT S. GALENA & E. DURANT� BRASS CAP BRASS CAP MORTGAGEE CONSENT CERTIFICATE THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 616998 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM MAP, AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS DAY OF 2017, TIMBERLINE BANK BY: IS: STATE OF ) SS. COUNTY OF 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2017, BY AS OF TIMBERLINE BANK. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: i ew. A q sl o P pnxr_ I Gu1cA \ �� ❑ Vallejo Gukh .Q VICINITY MAP SCALE. 1' = 20D0' SURVEY NOTES 1) DATE OF FIELD WORK: JULY 2017 2) DATE OF PREPARATION. JULY 2017 3) BASIS OF BEARING: A BEARING Of 5 74'14107" E BETWEEN CITY OF ASPEN GPS CONTROL MONUMENTS GPS-2 AND GPS-1, BOTH BRASS CAPS SET IN MONUMENT BOXES AT THE APPROXIMATE INTERSECTIONS OF S. GALENA ST. AND E. DURANT AVE. AND S. WEST END ST. AND E. DURANT AVE., RESPECTIVELY, THIS BASIS OF BEARING IS CONSISTENT WITH THE MODIFIED STATE PLANE COORDINATE SYSTEM ACCORDING TO THE GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING, DATED DECEMBER 12, 2009 (REV. 2010). THE DESCRIPTIONS FOR ALL PROPERTIES SHOWN HEREON HAVE BEEN ROTATED TO BE CONSISTENT WITH THIS BASIS OF BEARING. 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY Of ASPEN, PREPARED BY G.E. BUCHANAN, DATED 1959; THE GP5 CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING, DATED DECEMBER 12, 2009 (REV. 2010); VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID ITEMS DESCRIBED IN SURVEY NOTE 4, ABOVE; AND THE TIRE COMMITMENTS PREPARED BY PITKIN COUNTY TITLE, INC., UNDER CASE NO. PCT25042FA2, WITH AN EFFECTIVE DATE OF JULY 25. 2017 FOR LOTS E, F AND G, AND UNDER CASE NO. PCT 24991FA3, WITH AN EFFECTIVE DATE OF MARCH 2B, 2017 FOR LOTS H AND I. COMMUNITY DEVELOPMENT APPROVAL THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY Of ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 201T TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANV CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL ENGINEERING DEPARTMENT REVIEW THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 2017, CITY ENGINEER SURVEYOR'S CERTIFICATE I, MARKS. BECKLfR A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF MEYER CONDOMINIUMS; THAT THE LOCATION AND DIME NSIONS OF EACH UNIT AND THAT UNITS IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME IS BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN JULY, 2017; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS SECTION 38-51-306; AND THAT THIS CONDOMINK/M MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY CRS SECTION 38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. THE CONTROL PRECISION IS GREATER THAN 11N 15,fXM1. RECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON ARE THE SAME AS THOSE SET FORTH IN SECTION 2 Of SCHEDULE B OF THE TITLE COMMITMENTS REFERENCED IN SURVEY NOTE 5 (THIS SHEET). MARK S. BECKLER, RLS. R 28643 DATE: 2017 NOTARY PUBLIC NOTARY PUBLIC CLERK AND RECORDER'S ACCEPTANCE SOPRIS ENGINEERING - LLC THIS CONDOMINIUM MAP OF MEYERCONDOMINIUMS IS ACCEPTED FOR FLUNG IN THE OFFICE OF THE CLERK AND RECO DER O D IN COU , COLORA A O'CLOCK _ M.. THIS DAY OF CIVIL CONSULTANTS 2017,INPLAT BOOK —ATPAGES RECEPTION NO_ NGT9 9 R� oo Y a WSTKR�w. EW1 502 MAIN STREET, SUITE A3 RN R651NeEV MtMi 1RREE vEMb S.-ACT. NRaE —Axr ACiNx CARBONDALE, COLORADO 61623 PITKIN COUNTY CLERK AND REORDER ra WMr: vvN[RRr NGAf rRW `EN (970) 7, 04-0311 WK rn p —n rr — crF o r�rr FT, GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P.O. BOX 931 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-9141 FAX: (970) 945-9143 NEIL W. GOLUBA August 25, 2017 Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 RECEIVED AUG Z 5 2017 CITY OF ASPEN CONIMIiY DEVELOW golubapc@comcast.net Re: Condominiumization - Lots E, F, G, H and I, Block 90, City and Townsite of Aspen Dear Planning Department: I am representing Meyer Business Building, LLC and Guido's Swiss Inn, LLC in connection with the condominiumization of the above -described property. There are two existing buildings on the property, one on Lots H and I owned by Guido's Swiss Inn, LLC and one on Lots E, F and G owned by Meyer Business Building, LLC. The parties are seeking to condominiumize the property in order to confirm and allow for separate ownership of the buildings. Accordingly, submitted herewith are the following: 1. Land Use Application and Fee Agreement; 2. Pre -Application Conference Summary; 3. Title Reports for the property; 4. HOA Compliance form; and 5. Proposed Condominium Map. This letter also evidences the parties' authorization for me to pursue condominiumization of the property on their behalf. Please let me know if you have any questions or need anything further to process the Application. APPROVED AND AGREED: Meyer Business Building, LLC Very truly yours, NEI /. GO Guido's Swiss Inn, LLC Trish C. Meyer, Manager Trish C. Meyer, Manager i PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: August 18, 2017 at 8:00 AM Case No. PCT25042P 2. Policy or Policies to be issued: Proposed Insured: TO BE DETERMINED 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: MEYER BUSINESS BUILDING 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: LOTS E, F AND G, BLOCK 90, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT /[�� W6+- Countersigned: SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT 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 TITLE INSURANCE SCHEDULE B SECTION 2 EXCEPTIONS RECEIVE[: AUG 2 5 2017 CITY OF ASPEN GOMMATY NALOPMEN" 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. Reservations and exceptions as contained in the Patent for the City of Aspen recorded in Book 139 at Page 216. 8. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Pages 41, 226 and 441 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 9. Terms, conditions, provisions and obligations as set forth in Multipurpose Easement Agreement Electric and Communication Utilities recorded May 26, 1982 in Book 426 at Page 974. 10. Terms, conditions, provisions and obligations as set forth in Encroachment Agreement recorded February 28, 1992 in Book 670 at Page 468. 11. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded June 6, 1990 in Book 622_at Page_87. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Aspen Historic Preservation Commission recorded December 14, 2000 as Reception No. 449674 as Resolution No. 51, Series of 2000. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded September 17, 2015 as Reception No_62_3331 as Resolution No. 25, Series of 2015. 14. Any claim that the Title is subject to a trust or lien created under the Perishable Agricultural Commodities Act (7 U.S.C. 499a, et seq.), the Packers and Stockyards Act (7 U.S.C. 181, et seq.) or under similar federal or state laws. 15. Encroachment of the flagstone patio and awnings into East Cooper Avenue and Lot G as shown on survey by Peak Surveying, Inc dated February 20, 2015, updated August 5, 2016 and updated December 29, 2016 as Job No. 14074. 16. Any existing leases or tenancies. 17. Easements, rights of way and all matters as disclosed on Plat of subject property recorded _/_/_ in Plat Book — at Page _, as Reception No. 18. 19. Deed of Trust from : MEYER BUSINESS BUILDING LLC to the Public Trustee of the County of PITKIN for the use of WELLS FARGO BANK original amount $973,099.00 dated : December 22, 2010 recorded December 22, 2010 reception no. : 576139 Deed of Trust from : MEYER BUSINESS BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY to the Public Trustee of the County of PITKIN for the use of : TIMBERLINE BANK original amount $425,000.00 dated : JANUARY 28, 2015 recorded JANUARY 28, 2015 reception no. 616998 Assignment of Rents and Leases given in connection with the above Deed of Trust recorded January 28, 2015 as Reception No. 616999. PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: August 18, 2017 at 1:00 AM Case No. PCT24991 P 2. Policy or Policies to be issued: Proposed Insured: TO BE DETERMINED 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: GUIDO'S SWISS INN LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS H AND I, BLOCK 90, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT I>.a.d wo+- Countersigned: SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT 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 TITLE INSURANCE 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. Reservations and exceptions as contained in the Patent for the City of Aspen recorded in Book 139 at Page 216. 8. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Pages 41, 226 and 441 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 9. Terms, conditions, provisions and obligations as set forth in Multipurpose Easement Agreement Electric and Communication Utilities recorded May 26, 1982 in Book 426 at Page 974. 10. Terms, conditions, provisions and obligations as set forth in Encroachment Agreement recorded February 28, 1992 in Book 670 at -Page 468. 11. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded June 6, 1990 in Book 622 at Page 87. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Aspen Historic Preservation Commission recorded December 14, 2000 as Reception No. 449674 as Resolution No. 51, Series of 2000. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded September 17, 2015 as Reception No. 623331 as Resolution No. 25, Series of 2015. 14. Any claim that the Title is subject to a trust or lien created under the Perishable Agricultural Commodities Act (7 U.S.C. 499a, et seq.), the Packers and Stockyards Act (7 U.S.C. 181, et seq.) or under similar federal or state laws. 15. Encroachment of the flagstone patio into East Cooper Avenue, Lot G and South Galena Street as shown on survey by Peak Surveying, Inc dated February 20, 2015, updated August 5, 2016 and updated December 29, 2016 as Job No. 14074. 16. Encroachment of the planter wall into the alley along the southern boundary line as shown on survey by Peak Surveying, Inc dated February 20, 2015, updated August 5, 2016 and updated December 29, 2016 as Job No. 14074. 17. Any existing leases or tenancies. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. C-4 Name: Meyer Business Building, LLC and Guido's Swiss Inn, LLC C7 —1 Property _ r- Owner ("I'l Email: Phone No.: coloradotreeranch@comcast.net 970-927-3803 Address of Property: (subject of application) 447 East Cooper Avenue 403 South Galena Aspen, Colorado 81611 I certify as follows: (pick one) x❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Meyer Busine s Building, 4LC a Guido's Swiss Inn, LLC 1 Owner signature: Owner printed name: Trish C. Meyer, Manager or, Attorney signature: Attorney printed name: date: W M f01%