HomeMy WebLinkAboutcoa.lu.co.532 Walnut St.0021.20081
--532 WALNUT ST LOT 9
CONDO INTO A&B UNITS
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECT ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0021.2008.ASLU
2737-07-3-92-009
532 Walnut Street Lot 9
Jason Lasser
Condominiumization into A & B
Harris Cahn
5/12/08
CLOSED BY Amy DeVault
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date.: May 5, 2008
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0021.2008.ASLU (Condo Plat — 532 Walnut Street). The
planner assigned to this case is Jason Lasser.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there are not missing items listed above,
to begin the land use review process.
then your application has been deemed complete
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You,
fifer P 1 ,Deputy Director
City ;&Ti, Community Development Department
C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter
Land Use.doc
ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 81611
Telephone (970) 925-1936
Facsimile (970) 925-3008
GLENWOOD SPRINGS OFFICE
The Denver Centre
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (970) 947-1936
Facsimile (970) 947-1937
BY HAND
Ms. Jennifer Phelan
Deputy Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
May 2, 2008
RECEIVED
MAY 0 � 2008
CITY OF ASPEN V¢,
�OMMUNITY DEVELOPMENT `li`"
AVON OFFICE
0070 Benchmark Road
Post Office Box 5450
Avon, Colorado 81620
Telephone (970) 949-0707
Facsimile (970) 949-1810
BASALT OFFICE
River View Plaza
100 Elk Run Drive, Suite 220
Basalt, Colorado 81621
Telephone (970) 927-1936
Facsimile (970) 927-1939
Christopher J. LaCroix
Aspen Office
clacroix*garfieldhecht. com
RE: APPLICATION FOR SUBDIVISION/CONDOMINIUMIZATION OF LOT 9,
FOX CROSSING SUBDIVISION
Dear Jennifer:
Fox Crossing Partners, LLC, a Colorado limited liability company ("Applicant"), respectfully
submits this letter as part of its subdivision application seeking approval to condominiumize Lot 9, Fox
Crossing Subdivision (the "Property"). The following information is required by Aspen Land Use Code
sections 26.304.030 B., and 26.480.090:
• Name of Applicant: Fox Crossing Partners, LLC, a Colorado limited liability
company.
• Applicant's address: c/o Garfield & Hecht, P.C., attn: Christopher J. LaCroix, 601 E.
Hyman Avenue, Aspen, Colorado 81611.
• Applicant's telephone number: (970) 925-1936.
• Name, address and telephone number of representative authorized to act on behalf of
Applicant: Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611,
tel.: (970) 925-1936, fax: (970) 925-3008.
• Street address of property: 532 Walnut Street, Aspen, Colorado 81611.
0 Printed on recycled paper
GARFIELD & HECHT, P.C.
Ms. Jennifer Phelan
May 2, 2008
Page 2
• Legal description of property: Lot 9, Fox Crossing Subdivision, according to the plat
thereof recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No. 511410,
County of Pitkin, State of Colorado.
• Parcel identification number of Property: 273707392009.
Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units
and create the Fox Crossing Lot 9 Condominiums. Also enclosed herewith, are (i) two drafts of the
proposed condominium map; (ii) current title commitment from Stewart Title Guaranty Company
showing Applicant as owner of the Property; (iii) Agreement for Payment of City of Aspen
Development Application Fees; (iv) a check payable to the Aspen/Pitkin Community Development
Department in the amount of $705.00; and (v) City of Aspen Land Use Application Form.
Thank you in advance for your consideration. Please contact me once you have had a chance to
review the enclosed materials.
Very truly yours,
GARFI JHECHT, P.C.
By:
Christopher J. LaCroix
Enclosures
Copies without enclosures to: Harris Cahn (via e-mail)
Rick Crandall (via e-mail)
® Printed on recycled paper
ALTA Commimmt (6/17/D6)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
t
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company), for a valuable consideration,
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 in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
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 by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
StMArcift
�-^ title guaranty company GitG,
Authorized Countersignature Senior Chairman of t Boaoe
Stewart "Title ofColorado Inc. -Aspen Division �`�avo4�.-,
620 East Hopkins Avenue •_ 6'•`
1 e 0 ! ;o Chairmen a! the eoartl
Aspen, Colorado 81611 -
Phone Number: (970) 925-3577
President
ALTA Conunittnent (6/17/06)
X0011 1111 [.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 acquired 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 loss 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 shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
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 loss-acuned in reliance hereon in undertaking 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 Exclusions
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. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status 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.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<
hitp://www. alta, orzh.
trewart
title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
COMMITMENT FOR ".T11E INSURANCE
SCs,i DOLE A
1. Effective Date: February 25, 2008 at 8:00 a.m.
2. Policy or Policies To Be Issuea:
(a) A.L.T.A. Owner's (Extended)
Proposed Insured:
RONALD S. LEVIN
(b) A.L.T.A. Loan (Extended)
Proposed Insured:
ROCKY MOUNTAIN MORTGAGE FUNDING, its successors and/or assigns
Order No.: 44753--C4
Amount of Insurance
$4,631,250.00
$2,500,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
FOX CROSSING PARTNERS, LLC
5. The land referred to in this Commitment is described as follows:
See "Exhibit A" attached hereto
Purported Address: STATEMENT OF CHARGES
TBD Fox Crossings Avenue These charges are due and payable
Aspen, Colorado 81611 before a Policy can be issued:
SEE STATEMENT OF CHARGES. ATTACHED
HERETO
Order No.: 44753—CA
ALTA Commitment (6/17/06) — schedule A 7 Stewa t
Page I of 3 title guaranty company
EXHIBIT "A"
Unit N,
FOX CROSSING LOT 9 CONDOMINIUMS
According to the Condominium Map recorded and as defined and
described in the Condominium Declaration for Fox Crossing Lot 9 Condominiums recorded
NOTE: THE DESCRIPTION WILL BE CHANGED ACCORDINGLY UPON FILING OF THE
PLAT AND DECLARATION REQUIRED HEREIN.
COUNTY OF PITKIN, STATE OF COLORADO
Order No.: Commitment
(6 � — t —
ALTA Commitment (6/17/06) - Schedule A VC ,TLC
Page 2 of J title guaranty company
STATEMENT OF CHARGES
PREMIUMS:
SUBDIVIDER RATE:
Owner's:
$3183.00
Tax Cert:
20.00
Form 110.1
150.00
Mortgage
100.00
Form 110.1
75.00
Form 8.1
50.00
Form 110.1
30.00
Order No.: 44mmt (6 ��y,�„ ..
ALTA Comm tment (6/17106) - Schedule A s `ewf
Page 3 of 3 Hie guaranty company
!:OMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 44753--C4
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Partial Release of Deed of Trust dated June 15, 2006, executed by Fox Crossing Partners, LLC, to
the Public Trustee of Pitkin County to secure an indebtedness in the amount of $41,000,000.00 in
favor of Bank Midwest, N.A., recorded June 16, 2006 as Reception No. 525324.
4. Partial Termination of Financing Statement from Fox Crossing Partners, debtors to Bank Midwest,
N.A. secured party filed June 16, 2006 as Reception No.525330,
5. Partial Release of Deed of Trust dated June 20, 2005, executed by Fox Crossing Partners LLC, to
the Public Trustee of Pitkin County to secure an indebtedness in the amount of $1,600,000.00 in
favor of Charles Shafer, II, recorded June 23, 2005 as Reception No.511580.
6. Partial Release of Deed of Trust dated June 20, 2005, executed by Fox Crossing Partners LLC, to
the Public Trustee of Pitkin County to secure an indebtedness in the amount of $1,800,000.00 in
favor of Meridian Capital Group III, Inc., recorded June 23, 2005 as Reception No.511581.
7. Partial Release of Deed of Trust dated September 20, 2007, executed by Fox Crossing Partners,
LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of
$4,000,000.00 in favor of Bank Midwest, N.A., recorded September 25, 2007 as Reception
No.542384 and rerecorded October 5, 2007 as Reception No. 542700.
8. Partial Termination of Financing Statement from Fox Crossing Partners, LLC, debtors to Bank
Midwest, N.A., secured party filed October 4, 2007 as Reception No. 542686.
9. Good and Sufficient Condominium Map and Condominium Declaration set forth the Fox Crossing
Lot 9 Condominiums and placed of record with the Pitkin County Clerk and Recorder.
10. Release of Affordable Housing Impact Fee Deferral Agreement recorded February 7, 2007 as
Reception No.. 534232, executed by the Aspen/Pitkin County Housing
11. Duly executed Indemnity Agreement by Fox Crossing Partners, LLC indemnifying Stewart Title of
Aspen, Inc. against any and all loss or damage due to rights and claims of parties established by
Order No.: Commitment
C4 I _ �� � i� ft
ALTA Commitment (6/17/06) — Schedule B 1 L __ nne U arru/ntt/companyp
Page I of 2 9� Y
virtue of construction of improvements located on the subject property. (Form available from
Stewart Title).
12. Duly executed affidavit by the cl. r.t , ,-ecutive officer or general partner of Fox Crossing Partners
LLC stating that:
1. They are the general contractor for all improvements constructed on the subject property.
2. All construction has been completed.
3. They have been paid in full.
4. All subcontractors and/or any parties which provided lienable services or materials for said
construction project have been paid.
5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are
attached to the Affidavit.
13. Evidence satisfactory to Stewart Title Guaranty Company, famished by the Office of the Director
of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt
from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2)
The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
14. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and
approved by Stewart Title of Aspen, Inc.
15. Deed from vested owner, vesting fee simple title in purchaser(s).
16. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure
the loan.
Order No.: -
ALTACommiumt(6 117/06)—SchedulcB I _ stevar}
Page 2 of 2 otlo guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 44753--C4
The policy or policies to be insured 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded December 24, 1902 in'Bbok 55 at Page 116 as Reception No. 67875.
11. Terms, conditions, obligations and provisions of Ordinance No. 57 (Series of 1988) An Ordinance
Annexing Territory to the City of Aspen as Referred to and Described in that Petition for
Annexation of Territory; :o the City of Aspen Certified by the City Clerk on July 28, 1986,
Commonly known as the ""Williams Addition"" as set forth in instrument recorded January 6, 1989
in Book 585 at Page 330 as Reception No. 308587 and as shown on Plat recorded February 6, 1989
in Plat Book 22 at Page 15 as Reception No. 308586.
Order No.: 44micnt (4 7� - `�
ALTA Cotnrrnttnart (6/l7/06) - Schedule B 2 se�/�/
Page 1 of 2 title guaranty company
12. Terms, conditions, obligations and provisions of City of Aspen, Water Service Agreement between
the City of Aspen and Clourie Bennis as set forth in instrument recorded September 17, 1996 as
Reception No. 397127.
13. Terms, conditions, obligations and provisions of Subdivision Agreement for Fox Crossing
Subdivision as set forth in instrument recorded June 20, 2005 as Reception No. 511411.
14. Easements, rights of way and other matters as shown and contained on Plat of Fox Crossing
Subdivision recorded June 20, 20005 in Plat Book 74 at Page 17 as Reception No. 511410.
15. Terms, conditions, obligations and provisions of Agreement by and between Walnut Property, LLC
and the City of Aspen as set forth in instrument recorded June 20, 2005 as Reception No. 511425.
16. Terms, conditions, obligations and provisions of Ordinance No. 50 (Series of 2004) An Ordinance
of the City of Aspen City Council, Approving Three Growth Management Quota System
Exemptions, Vacation of a Portion of Race Street, and a Fourteen Lot Subdivisions to be Known as
the Fox Crossing Subdivision on Land Located between Lone Pine Road and Race Alley between
Walnut Street and Race Street, 557 Race Alley and Vicinity, City of Aspen, Pitkin County,
Colorado as set forth in instrument recorded June 20, 2005 as Reception No. 511408.
17. Deed Restriction by Fox Crossing Partners, LLC and the City of Aspen, Colorado recorded
February 2, 2006 as Reception No. 520465.
18. Declaration of Utility Easements as set forth in instrument recorded September 26, 2007 as
Reception No. 542422.
19. Master Declaration Of Protective Covenants For Fox Crossing Subdivision recorded January 2,
2008 as Reception No. 545394 and also recorded January 3, 2008 as Reception No. 545472.
20. All matters shown on the Condominium Map of Fox Crossing Lot 9 Condominiums recorded
21. Condominium Declaration of Fox Crossing Lot 9 Condominiums recorded
Order No.: 44753-C4 - �a - � ate}
ALTA Commitment (6117/06) - Schedule B 2 -hum Aran company
Page 2 of 2 9t b P y
DISCLOSURES
Order Number: 44753--C4
Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. The subject real property may he located in a special taxing district;
B. A certificate of taxes due listiag each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
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: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title of Colorado Inc. - Aspen Division conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not
appear on the Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been flunished by mechanics or materialmen for purposes of construction on
the land described in Schedwe A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and hiaterialmen's T iens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded lines will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:
A. That 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 party 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 owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order No. 44753—C4
Stewart Title of Colorado Inc. - Aspen Division
Disclosures
EXHIBIT 2
Stewart Title of Colorado Inc. - Aspen Division.
PRTVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title of Colorado Inc. - Aspen
Division.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we have
joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
File Number: 44753-05
Stewart Title of Colorado Inc. - Aspen Division
Privacy Policy Notice
Page 1 of 1
EXHIBIT 1
SteF-art Title Guaranty Company
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we have
joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
File Number: 44753C5
StewartTitle of Colorado Inc. - Aspen Division
Privacy Policy Notice
Page I of l
RECEIVED
MAY 0 2 2008
ATTACHMENT 2 -LAND USE APPLICATION CITY OF ASPEN
COMMUNITY DEVELOPMENT
IPPLICANT:
Name: K Os5in KrAw'> LL
Location: '533 W kkv� St Lai fay_ 11b S S i A 81001 OVA
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) a-73 -70-1 9 a 005
11'r-t-mr.a GI`I 1 H I I I G.
Name: L�ric, LACRwy, Address: ,,,1J AQe _ Q) gI l
Phone #: a 7 D- 9 2 S- 3%
Name: NDoyAir4IVA�(IIAIOIJ OY L OT \ CtiY Css,r,� � IVIII,'�
Address: 5 WNL_N'j T S-r <N Lo $16 t k
Phone #: C,-1 lb C,
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA — 8040 Greenline, Stream
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑
Other:
❑
Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc.)
I�fD (AcwS�1J�5 �������ti5 (o�lSy�i-z��+� �.►� r�e�z�c�
ROPOSAL• (description of proposed buildings uses modifications etc.)
1p(.1(h%AINktIM'117
Have you attached the following? I FEFS DUE: S-7b U�
❑ Pre -Application Conference Summary �J/A
Attachment #1, Signed Fee Agreement
Response to Attaclmlent #3, Dimensional Requirements Foam Nlj+ ❑ Response to Attaclnnent #4, Submittal Requirements- Including Written Responses to Review Standards �1A
All plans that are larger than 8.5" x I1" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
RECEIVED
MAY 0 ?- 2008
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF ASPEN
Agreement for Payment of City of Aspen Development Application Fees COMMUNITY DEVELOPMENT
CITY OF ASPEN (hereinafter CITY) and 5X 405's(Wi- PA 1TNi!eS-, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to C�Y an application for
mtvnvA%%A-rtoN av: Lek 4 fGy. GOSSIn(W SJrlblv►rIW4
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of
2006) 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.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that
APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed
to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their
hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity
and will make additional payments upon notification by the CITY when they are necessary as costs are
incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to
process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to
complete processing or present sufficient information to the Planning Commission and/or City Council
to enable the Planning Commission and/or City Council to make legally required findings for project
consideration, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right
to collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $-7$ which is for _ hours of Community
Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay
additional monthly billings to CITY to reimburse the CITY for the processing of the application
mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial
deposit. 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, and in no
case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT ,6x C. DSswN D���PrS, LL
Sy: : - //, h►I Pain , LLC-, 16 t&-
By: B
Chris Bendon F iB ,, I A . C M /JNA j&,—
i
Community Development Director Date: f414 g
Billing Address and Telephone Number:
Required
0
601 E. V10A�i^S ZyZ� gspc�/ (.� $lbl(
D) W-0 - 00�'fi
CADocuments and Settings\johannahr\Desktop\LUFeeAgree.doc
PcUre-QA 2'13 -7 - v-7- ? 92 - 0O per * cx�oZi 2Uo$ Asp U
CJ 1111 1 A —A3
File Edit Record Navigate Form Reports Format Tab Help
Main valuation Custom Fields fictions Feet Parce)S Fee Summary Sub eermits l Attachments I ROytinq Status l Routin
Permit Type jaslu =]Aspen Land Use
Permit t 10021,2008.ASLU
Address 5532 WALNUT ST
AptjSute
City ASPEN
State CO - Zip 81611 J
Permit Information
Master Permit
Routing Queue aslu07 Applied O510212008 J
Project
J Status 1pencling Approved 3
Description
TWO EXISTING BUILDINGS (NEW CONSTRUCTION) AND RELATED INPROVMENTS; Issued I A
PROPOSED: CONDOMINIUMIZE LOT 9 INTO A & B Final—�
Submitted JHARR15 CAHN 920 0007
Clock Running Days F Expires 4412712009 J
Owner
Last Name IFOX CROSSING PARTNERS I
First Name[
601 E HOPKINS
Phone (970)920-0007
ASPEN CO 81611
W Owner Is Applicant?
Applicant
Last Name FOX CROSSING PARTNERS I J
Fist Name
601 E HOPKINS
Phone (970)920-0007 Cust 27710
ASPEN COB 1611
Lender
Last Name J
First Name
F
Phone
AspenGold(b) Record: 1 of 1
S89020'00"E
31.71
\\ / W,rndow well G
\ / (Y`PF]
/ Cu
OJ
2,80'
o CD
Co Crete o Ln
70' 4.20'Ln
Covered
entry M
I /
F0/
d-
1/ l n 17n ZY ..4
' 41132 SQ. ET.
0
0
0
0
/0
V /
Wint well (typ)
\ ` / S89'20ti
\'11 11WIndow well (typ H • (
/ C:) CD
CD
Concrete �%
Drive �.� CD
7,00, 3,368 SQ. FT.
n� 1420'
o 0
\ 2.40'L oflaastonent - 17.60'
Surveyors Certificate
Hatch+ Area)
1 G. C E.
8.27'
N(99020'00"W
CURVE TABLE
CURVE
LENGTH
RADIUS
DISTANCECHORD
BEARING
DELTA
C1
105.40
314.30
104.91
S23'47'07"W
19'12'51
C2
36.511
27.00
33.79
S24'33'39"E
77'27'14"
1, JEFFREY ALLEN TUTTLE, do hereby certify that / am a Registered Land Surveyor,
licensed under the laws of the State of Colorado, that this Condominium Map of
Fox Crossing Lot 9 Condominiums fully and accurately depicts the improvements, including the
condominium units and the common ownership areas, and identifies location, layout,
dimension and boundaries; that such mop was prepared subsequent to
substantial completion of the improvements,' and that such map complies with and
contains all of the information required by C.R.S.38-33.3-209 and a// other statutes and
regulations applicable to maps of condominium common interest subdivision, and that
such map was prepared from an actual monumented land survey of the property comer
monuments, both found and set, under my direct supervision and checking that it is
correct to the best of my knowledge and belief and that al/ dimensions, both linear and angular
were determined by on accurate control survey in the field which balanced and closed within a
limit of 1 in 10,000.
This survey does not represent a title search by Tuttle Surveying Services, L.L.C. to determine
ownership or easements of record. AI/ information shown hereon regarding ownership,
easements, and other encumbrances of record has been taken from the
Commitment for Title Insurance issued by Stewart Tit/e of Colorado Inc.— Aspen Division
dated February 25, 2008 as Case No. 44753—C4 In witness thereof, l have set my hand and seal
this day of A.D. 2008.
Jeffrey Allen Tuttle, L.S.33638
cco Ard TUTTZP SURYf'YINC SF'RPICffS
ccoraa'ny to Colorado law, you must commence
any loyal action based upon any defect uz 226 Heather Lan e
this survey vdthi three years after you
first discover such defeat 1n no event may Glenwood Springs, Colorado 87601
any loyal action based upon any defect ale
this survey 6e commenced more than ten years (970) 928-9708 (FAX 947-9007)
from the dace of the certaficataon shoavn
jeff@tss—us.com
vicinity ffav % "= >000'
_VWuod Uuckn
Gitleapie St � ,�, •� �.
St 9/ n 6 e 3 Spruce St
Red Pup ptt of ¢ 7
M H'rl Conte, _ +� Ark
lff Yin �' PO AV !
la Att litersr wn P5 ? 0�/tf
fA CJI00 vl for j 8ft,4 'S
d r er .e
v1UvQfir '+Av ter ��� fin
t3' 4ftra Mf:,
A
at G
V.
t
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z h
Ac%-nen
Legend and Notes
0 Indicates set no. 5 rebor with red plastic cap L.S. J33638.
1. Bearings are based upon a rebor with plastic cap L.S. '413166
found at the northwesterly corner of Lot 13 and a rebor with a
plastic cap (illegible) found at a northerly angle point of Lot 8 using a
bearing of S8920'00"E between the two described monuments
2. This property .is subject to the easements and restrictions shown and/ or
noted in the records of the Pitkin County Clerk and Recorder.
J. Any alteration, change, expansion, or modificot/on of any structure in this
condominium community may require the approval of the City of Aspen.
4. This property is subject to the exceptions listed in the Title Commitment
5. The creation of this condominium community, while valid under Colorado law
to create the condominium units and common areas shown hereon, d not
cWtute a subdivison of land pursuant to the City of Aspen Land U�Code.
Legen&nd Notes
GV Indicates gas service
EL Indicates electric service
AC Indicates heating/ cooling unit
UENHOLDER CONSENT
Bank Midwest, N.A., being the beneficiary of that certain Deed of Trust dated June 15,
2006 and recorded June 16, 2006 as Reception No. 525324 and that certo/n Deed of Trust dated
September 20, 2007 and recorded September 25, 2007 as Reception No. 542384 and rerecorded
October 5, 2007 as Reception No. 542700, which Deeds of Trust encumber the real property
shown hereon, hereby consents to and approves the f1/ing of this Map and the Declaration in
accordance with the covenants, reservations, easements, obligations and conditions appearing
hereon and therein and agrees that said Deeds of Trust shall be subordinate to this Map and the
Declaration.
Executed this day of 2008.
Bank Midwest, N.A.
By. _
Print Nome:
Title:
STA lE OF )
)Ss
COUNTY OF _ )
The foregoing Lienho/der Consent was acknowledged before me this day of
2008, by — (name) as (title), of Bank
Midwest, N.A.
WITNESS my hand and official seal.
My Commission expires:
Notary Pub//c
Condominium flap of
Fofx CrossZnq Lot 9 Condominiums
The purpose of this map & to show the eondominiumized ownership of
Unit A and Unit B of Fox Crossing Lot 9 Condominiums rformerly Lot 9, Fox Crossing Subdivision,)
GRAPHIC SCALE
RI a 10 90 �0
limb-10 ft
r
UENHOLD£R CONSENT
Charles Shafer, /1 being the beneficiary of that certain Deed of Trust dated utlne 20, 2005
and recorded June 23, 2005 as Reception No. 511580, which Deed of Trust encumbers the real
property shown hereon, hereby consents to and approves the filing of this Map and the
Declaration /n accordance with the covenants, reservations, easements, obligations and
conditions appearing hereon and therein and agrees that said Deed of Trust shall be subordinate
to this Map and the Declaration.
Executed this day of 2008•
Charles Shafer I/
STATE OF )
)ss
COUNTY OF )
The foregoing Llenholder Consent was acknowledged before me this
_ 2008, by Charles Shafer, A
WITNESS my hand and official seal.
My Commission expires.
Notary Public
Certificate of Ownership and Submission to Condominium Ownership
Know a// men by these presents that the undersigned, being sole owners,
mortgagees, or lien holders of all that real property situated in the City of Aspen,
Pitkin County, Colorado, said real property being more particularly described as follows:
Lot 9, Fox Crossing Subdivlsion, occording to the plot recorded June 20, 2005 /n Plot Book 74
at Page 17 as Reception No. 51141a
City of Aspen, County of Pltkln, State of Colorado.
That said owners have caused the said real property to be laid out, condom/n/umized, and surveyed as
Units A and B, Fox Crossing Lot 9 Condominiums,
a part of Pitkin County, Colorado.
That said owners do hereby submit said real property together with al/ improvements,
appurtenences and facilities hereto and now or hereafter thereon, to condominium ownership
under the Colorado common interest ownership act, C.R.S. 38-33.3—f01
same may be amended from time to time, and hereby imposes upon a// the real property
the terms, conditions, covenants, restrictions, easements, reservations, uses, limitations, and
obligations described in the condominium declaration for Fox Crossing Lot 9 Condominiums
recorded in the real property records of Pitkin County, Colorado on
2008, as Reception No._ (the Declaration)
together with any other amendments or supplements thereto, which
Declaration shall be deemed to run with the real property and shall be a
burden and a benefit to sold owners, their successors, assigns, and any person acquiring or
owning an interest in the real property, their grantees, successors, heirs, personal
representatives, executors, administrators devisees, or assigns.
Executed this day of A.D. 2008.
Fox Crossing Partners, LLC
By. Alpine Capital Partners LLC, Its manager
Horns A. Cahn, Manager
STATE OF COL ORADO )
COUNTY OF P17KIN )SS.
The foregoing dedication was acknowledged before me
this day of , 2008 by Harris A. Cahn, Manager of Alpine Capita/
Partners, LLC, Manager of Fox Crossing Partners, LLC
My Commission expires
Witness my hand and sea/
Notary Pub/Ic
Cay of Aso en Engineer's Certificate •
1, Engineer for the City
of Aspen, Colorado, do hereby approve this plot to be recorded in the office of the Clerk
and Recorder of Pitkin County, Colorado, this day of 2008.
By.
City of Aspen Engineer
Community Development Director's Aonrova/
This Plat was approved by the Community Development Director of the City of Aspen,
Colorado, signed this day of 2008.
By.
Community Development Director
Tine certificate
day of
the undersigned, a duly—author/zed representative
of Stewart Title of Colorado —Aspen Division, do hereby certify that / have
examined the title to a// lands herein dedicated and shown on this plot and
that title to such lands is in the dedicator free and clear of o// liens taxes,
and encumbrances, except as shown hereon.
UENHOLDER CONSENT
Merldlon Capita/ Group ///, Inc., a De/aware corporation, being the beneficiary of that
certain Deed of Trust dated June 20, 2005 and recorded June 23, 2005 as Reception No. 511581,
which Deed of Trust encumbers the real property shown hereon, hereby consents to and
approves the fi/Ing of this Map and the Declaration /n accordance with the covenants,
reservations, easements, obligations and conditions appearing hereon and therein and agrees that
sold Deed of Trust shall be subordinate to this Map and the Declaration.
Executed this day of 2008.
Mendlan Capital Group ///, Inc, a Delaware corporation
BY
Camil/a S. Auger, President
STATE OF
)ss
COUNTY OF )
The foregoing Lienholder Consent was acknowledged before me this __ day of
2008, by Comilla S. Auger, President of Meridian Capita/ Croup ///, Inc., a De/aware
corporation.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
Condominium flap of
Fox Crossing, Lot 9 Condominiums
Doted this cloy of A.D. 2008,
By' ------
Title Examiner
This Plat is accepted for filing in the Office of the Clerk and Recorder of Pitkin County,
Colorado, this day of 2008, Plat Book , on Page
and Reception no.
By.
Clerk and Recorder
Units . B
Fox Crossing Lot 9 Condominiums
.4spen, Colorado 816'11
RECEIVED
MAY U ;� ?goo
CITY ®F ASPEN
COWN(rtW YI�LCxP f
Dmwn by: JT I 1
Date: 05101108
of 1
u
S8902000"E
\\ In ow well (typ)
2,80'
I
Concrete
Drive
/ o
Cc crete o �
70' 4,20'10
Covered
v`� ! entry
TJ
0' o
I/
I/
I/ D
17n z'/ 4
41132 SQ. FT.
S89020A
Window well (typ
CD0
IT
CD 0
(y)
7,CO 3)368 SQ. FT. M
r 14,70'
9,40'laastonent
Surveyors Certificate
CD
Ln 17,60'
rT—
C
i
0
0
0
`zt
0
f0
V J
Win+ well (typ)
9
Hatche Area)
1 G. C rE.
i
8.27'
N89020'00"W
CURVE TABLE
CURVE
LENGTH
RADIUS
DISTANCE
CHORD BEARING
DELTA
C1
105.401
314.30
104.91
S23'47'07"W
19*12'51"
C2
36.511
27.00
33.79
S24'33'39"E
77*27'14"
/, JEFFREY ALLEN TUTTLE, do hereby certify that l am a Registered Land Surveyor,
licensed under the laws of the State of Colorado, that this Condominium Map of
Fox Crossing Lot 9 Condominiums fully and accurately depicts the Improvements, Including the
condominium units and the common ownership areas, and identifies location, layout,
dimension and boundaries; that such map was prepared subsequent to
substantial completion of the improvements; and that such map complies with and
contains all of the information required by C.R.S38-33.3-209 and a// other statutes and
regulations applicable to maps of condominium common interest subdlvislon, and that
such map was prepared from an actual monumented land survey of the property comer
monuments, both found and set, under my direct supervision and checking that it is
correct to the best of my knowledge and belief and that al/ dimensions, both linear and angular
were determined by an accurate control survey in the geld which balanced and closed within a
limit of 1 in 10,000.
Th!s survey does not represent a title search by Tuttle Surveying Services, L.L.C. to determine
ownership or easements of record. All information shown hereon regarding ownership,
easements, and other encumbrances of record has been taken from the
Commitment for Title Insurance issued by Stewart Title of Colorado Inc.— Aspen Division
dated February 25, 2008 as Case No. 44753—C4 /n witness thereof, l have set my hand and seal
this day of A.D. 2008.
Jeffrey Allen Tuttle, L.S33638
Accor.4-o, FI =ff SZ7RV�'rINC SffRF1CF'S'
ding do Color¢da law, yea must commence
any legal acfwn based upon any defect =226 Heather Lan e
Mil survey wdh- }hies years afdar ycu
first discover such defect In no event may Glenwood Springs, Colorado 81601
any legal acddon based upon any defect in
Phis survey 6e commenced more than ten years (970) 928-9708 (FAX 947-9007)
from flea dada of the certaficafion shown
jeff@tss—us.com
^ 00
0
0
00
^ �
O �
0
0
r0
V J
vicinity 11ap 1 "=1000 ,
Legend and Notes
0 Indicates set no. 5 rebar with red plastic cap L.S. J33638.
1„ Bearings are based upon a rebar with plastic cap L.S. 03166
found at the northwesterly corner of Lot 13 and a rebar with a
plastic cap (illegible) found at a northerly angle point of Lot 8 using a
bearing of S892000"E between the two described monuments
2. Thls property is subject to the easements and restrictions shown and/ or
noted in the records of the Pltkin County Clerk and Recorder.
J. Any alteration, change, expansion, or modification of any structure in this
condominium community may require the approval of the City of Aspen.
4. This property is subject to the exceptions listed in the Title Commitment
5. The creation of this condominium community, while valid under Colorado law
to create the condominium units and common areas shown hereon, does n t
col'tute a subdlvison of land pursuant to the City of Aspen Land Use C
Legend4kd Notes
GV Indicates gas service
EL Indicates electric service
AC Indicates heating/ cooling unit
L/ENHOLDER CONSENT
Bank Midwest N.A., being the beneficiary of that certain Deed of Trust dated June 15,
2006 and recorded June 16, 2006 as Reception No. 525324 and that certain Deed of Trust dated
September 20, 2007 and recorded September 25, 2007 as Reception No. 542384 and rerecorded
October 5, 2007 as Reception No. 542700, which Deeds of Trust encumber the real property
shown hereon, hereby consents to and approves the filing of this Map and the Declaration In
accordance with the covenants, reservations, easements, obligations and conditions appearing
hereon and therein and agrees that said Deeds of Trust shall be subordinate to this Map and the
Declaration.
Executed this day of 2008.
Bank Midwest, N.A.
By.
Pr/n t Name:
TIt1e:
STATE OF _ )
)ss
COUNTY OF _ )
The foregoing L/enho/der Consent was acknowledged before me this day of
2008, by (name) as —(t/tie), of Bank
Mldwes4 N.A.
WITNESS my hand and official seal.
My Commission expires
Notary Pub/Ic
Condominium Jfap of
Fox Crossing Lot 9 Condominiums
Floe purpose of this map & to show the condominiumized ownership of
Unit 4 and Unit B of Fox Crossing Lot 9 Condominiums tformeHy Lot 9, Fox Crossing Subdivision;.
GRAPHIC SCALE
10 0 6 io 20 40
( IN FM
1 inch - 10 !k
LIENHOLDER CONSENT
Charles Shafer, // being the beneficiary of that certain Deed of Trust dated Acne 20, 2005
and recorded June 2.J 2005 as Reception No. 511580, which Deed of Trust encumbers the real
property shown hereon, hereby consents to and approves the flling of this Map and the
Declaration in accordance with the covenants, reservations, easements, obligations and
conditions appearing hereon and therein and agrees that said Deed of Trust shall be subord/note
to this Map and the Dec/oration.
Executed this day of 2008.
Charles Shafer l/
STATE OF )
)SS
COUNTY OF )
Tire foregoing Llenholder Consent was acknowledged before me this __ day of
2008, by Charles .95afer, A
WITNESS my hand and official seal.
My Commission expires
Notary Public
LIENHOLD£R CONSENT
Meridian Capita/ Group ///, Inc., a Delaware corporation, being the beneficiary of that
certain Deed of Trust dated June 20, 2005 and recorded June 23, 2005 as Reception No. 511581,
which Deed of Trust encumbers the real property shown hereon, hereby consents to and
approves the fling of this Map and the Declaration /n accordance with the covenants,
reservations, easements, obligations and condition appearing hereon and therein and agrees that
said Deed of Trust shall be subordinate to this Map and the Declaration.
Executed this day of 2008.
Meridian Capita/ Group ///, Inc., a Delaware corporation
By.
Camillo S. Auger, President
STATE OF )
)ss
COUNTY OF )
The foregoing Lienho/der Consent was acknowledged before me this __ day of
_ 2008, by Comilla S. Auger, President of Meridian Capita/ Group ///, Inc., a Delaware
corporation.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
Condominium Jfap of
Fox Crossing, Lot 9 Condominiums
Certificate of Ownership and Submission to Condominium Ownership
Know al/ men by these presents that the undersigned, being sole owners,
mortgagees, or lien holders of a// that real property situated /n the City of Aspen,
Pitkln County, Colorado, said real property being more particularly described as follows:
Lot 9, Fox Crossing Subdlvls/on, according to the plot recorded June 20, 2005 in Plot Book 74
at Page 17 as Reception No. 51141a
City of Aspen, County of Pitkin, State of Colorado.
Mat said owners have caused the said real property to be laid ou4 condom/niumized, and surveyed as
Units A and B, Fox Crossing Lot 9 Condominiums,
a part of Pitkin County, Colorado.
fiat said owners do hereby submit said real property together with a// improvements,
appurtenances and facilities hereto and now or hereafter thereon, to condominium ownership
under the Colorado common interest ownership act, C.R.S. 38-33.3—f01
same may be amended from time to time, and hereby imposes upon a// the real property
the terms conditions, covenants, restrictions, easements, reservations, uses, /Imitations, and
obligations described in the condominium declaration for Fox Crossing Lot 9 Condominiums
recorded in the real property records of Pltkin County, Colorado on
2008, as Reception No._ (the Declaration)
together with any other amendments or supplements thereto, which
Declaration shall be deemed to run with the real property and shall be a
burden and a benefit to said owners their successors, assigns, and any person acquiring or
owning an interest in the real property, their grantees, successors, heirs, personal
representatives, executors, administrators, devisees, or assigns.
Executed this day of A.D. 2008.
Fox Crossing Partners, LLC
By. A/pine Capita/ Partners, U0,, Its manager
By.
Horns A. Cahn, Manager
STATE OF COLORADO )
COUNTY OF PITKIN )SS.
The foregoing dedaation was acknowledged before me
this day of , 2006 by Harris A. Cahn, Manager of A/pine Capita/
Partners, LLC, Manager of Fox Crossing Partners, LLC
My Commission expires —
Witness my hand and seal
Notary Public
i
City of Aspen Engineer's Certificate •
/, EnA for the City
of Aspen, Colorado, do hereby approve this plot to be recorded in the office of the Clerk
and Recorder of Pltkin County, Colorado, this cloy of 2008.
By.
City of Aspen Engineer
CommunIXY Dek2teement Directors 4o2roval
Tills Plat was approved by the Community Development Director of the City of Aspen,
Colorado, signed this day of 2008.
By.
Community Development Director
Title certificate
the undersigned, a duly --authorized representative
of Stewart Title of Colorado —Aspen Division, do hereby certify that l have
examined the title to all lands herein dedicated and shown on this plat and
that title to such lands is in the dedicator free and clear of al/ liens, taxes,
and encumbrances, except as shown hereon.
Dated this day of A.D. 2008.
By. — --
Trt/e Examiner
Clerk goal Recorder's
Thls Plat is accepted for Aling in the Office of the Clerk and Recorder of Pitkin County,
Colorado, this day of 2008, Plat Book , on Page
and Reception no.
By Clerk and Recorder
Units 4 d- B
Fox Crossing Lot 9 Condominiums
14sven, Colorado 81611
Drown by. eJT
Date: 05101108
RECEIVED
MAY a 20Q8
CITY OF ASPEN
COMMUNITY DEVELOPMENT
OF