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Home My WebLink Aboutcoa.lu.co.565 Race St.Fox Crossing.0016.2008-565 RACE STREET CONDO OF LOT 1 0016.2008.ASLU 273707392001 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0016.2008.ASLU PARCEL ID NUMBER 2737-07-3-92-001 PROJECT ADDRESS 565 Race Street PLANNER Jason Lasser CASE DESCRIPTION Condo of Lot 1 REPRESENTATIVE Chris LaCroix DATE OF FINAL ACTION 4/8/08 CLOSED BY Amy DeVault Page 1 of l Mary Karottki From: Chris LaCroix Sent: Monday, April 07, 2008 10:08 AM To: Jennifer Phelan Cc: Mary Karottki; Sasha Semple; harris a. cahn; 'Rick Crandall'; Amanda Head; Linda Williams; 'Jeff Tuttle' Subject: Fox Crossing Lot 1 Hi Jennifer - The condo map for Fox Crossing Lot 1 has been signed by the owner, title company, surveyor and all lien holders and I am having it dropped off to you this morning. As we did with Lots 2 and 13, please let me know when you have all the City signatures so we can meet at the Clerk and Recorder's office to record the condominium declaration at the same time and fill-in blanks, etc. Thanks Chris LaCroix Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 Phone: (970) 925-1936 Fax: (970) 925-3008 email: clacroix@garfieldhecht.com �V07IE: 2Iiis e-maiCmessage and aCCattachments transmitted with it may contain CegaCly privileged and_ confidential f ormation intended solely {or the use of the addressee. If the reader of this message is not the intended_recipient, you ore hereby not . ,ed that any reg&ng, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. Lf you have received this mess ge in error, pease noti the sender immediately d y teone (970-925-1936) and delete this message and aCC copies and 6ac�nyhereq 2fidnjou. 4/7/2008 Know a// men by these presents that the undersigned, being sole owners, mortgagees, or lien holders of a// that real property situated In the Clty of Aspen, Pitkin County, Colorado, said real property being more particularly described as follows: i of Trust dated June 20, 2005 :h Deed of Trust encumbers the real -ie filing of this Map and the easements, obligations and aid Deed of Trust shall be subordinate 0 day of i '• A G..'o jF•�BL` emission Expires 06127/P008 I the beneficiary of that ine 23. 2005 as Reception No. 511581, -eon, hereby consents to and dance with the covenants, g hereon and therein and agrees that e Declaration. B. Lot 1, Fox Crossing Subdivision, according to the plat recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No. 511410. City of Aspen, County of Pitkin, State of Colorado. That sold owners have caused the said real property to be laid out, condominlumlzed, and surveyed as Units A and B, Fox Crossing Lot 1 Condominiums, a part of Pltkln County, Colorado. That sold owners do hereby submit said real property together with al/ improvements, appurtenances, and facillties hereto and now or hereafter thereon, to condominlum ownership under the Colorado common Interest ownership act, C.R.S. J8—JJJ-101 some may be amended from time to time, and hereby Imposes upon al/ the real property the terms, condlt/ons, covenants, restrictions, easements, reservations, uses, Ilm/tations, and ob/Igatlons described in the condominlum declarotlon for Fox Crossing Lot 1 Condominiums recorded /n the real property records of Pltkln County, Colorado on _2008, as Reception No. (the Dec/aratlon) 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 acqulring or owning on Interest In the real property, their grantees, successors, heirs, personal representatives, executors, adminlstrators, devisees, or assigns. Executed this 61 day of A%V1 1 A.D. 2008. Fox Crossing Partners, LLC By. Alpine o/ Partners, LLC, Its manager BY. ? _ Harris A. Cohn, Manager STA TE OF COLORADO ) COUNTY OF P/TK/N )SS. The forgoing ded/co lon _was acknowledged before me �P �Y N. SF,� this ` day of V , 2008 by Harris A. Cah �v)/'o�,�1 Capitol Partners, LLC, Manager of Fox Crossing Partners, LLC My Commission expires /Oa biY>� (✓ p B Witness my hand and sealOF o`UQ.P Notary Public My Commission Expires 06/27/2008 C/ ,v of A. an Engineers Certificate �i2/514 4e-A67bEngineer for the City of Aspen, Colorado, do hereby approve this plot tote recorded in the office of the Clerk and Recorder of Pltkln County, Colorado, this 40y of Rae-, L. 2008. By. City of Aspen Engin er This Plot was approved y the Community D velopment Director of the City of Aspen, Colorado gn ed is day o f r 2008. By. Community Development Director 'tico n the undersigned, a dui authorized representative �- 9 .Y'- of Stewart lit/e of Colorado -Aspen Division, do hereby certify that / 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 all liens, taxes, and encumbrances, except as shown hereon. Datehis of � ' A.D. 2008. B .. �dt ----- --- Title Examiner This Plat is accepted for !%ling 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 ne this14 1 day of i Ca roup III, Inc., a Delaware N, SF�! GARFIELD &HECHT, P.C. Ms. Jennifer Phelan March 11, 2008 Page 2 • Legal description of property: Lot 1, 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: 273707392001. Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the Fox Crossing Lot 1 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, GARFIELD & HECHT, P.C. By: Christopher J. LaCroix Enclosures Copies without enclosures to: Harris Cahn (via e-mail) Rick Crandall (via e-mail) RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT ® Printed on recycled paper RECEIVED MAR 1 1 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 6x 405'st14 �AfZTt 1eS� LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 4r40 1l f1V+ %!=A?toN Or Lai- 1 fx Crossant., (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 $ 76! � 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. ,6x C,bsswq PAAlerS, CITY OF ASPEN APPLICANT L L�— By : Alpvu // (4AV3, LLCM I 'iv - By: B Chris Bendon ^� M (a Imp — Community Development Director Date: MKI-S 11 L(>03 Billing Address and Telephone Number: Required "I E. gatA� �ZvZ,Qspc�l �70)41-0- 000-t C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc ALTA Commitment (6/17/06) 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' i;e 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: A.3 orized Countersignature Stewart Title of Colorado Inc. - Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone Number: (970) 925-3577 ALTA Commitment (6/17/06) �--titer-+it�+ra�/ is wt tsoe g 42w . Senior Chairmen of Jig Board Chairman of the Boe rtl President RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT CONDITIONS The term mortgage, when nseri 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 incurred 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< &0://www alto or h, stewart 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. RECEIVED MAR 1 1 200L5 CITY OF ASPEN COMMUNITY DEVELOPMENT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 5, 2008 at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: JAY WEINBERG (b) A.L.T.A. Loan (Standard) Proposed Insured: BANK MIDWEST NA. its successors and/or assigns Order No.: 44051 Amount of Insurance $ TBD $3.652,000.00 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, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: Unit B, FOX CROSSING LOT 1 CONDOMINIUMS, according to the Condominium Map thereof recorded and as defined and described in the Condominium Declaration for Fox Crossing Lot 1 Condominiums recorded COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Homesite F, Fox Crossing Aspen, Colorado 81611 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued: REMIUMS: DEVELOPER RATE wner's: TO BE DETERMINED ax Cert: 20.00 orm 110.1 150.00 Mortgage 100.00 Order No.: 44051 ALTA Commitment (6/17/06) - Schedule A Page 1 of 1 L ^ �/�/step A I��9 Q� L rt tltlo guaranty cOrnp—y RECEIVED MAR 1 ] ZOOS CITY OF ASPEN COMMUNITY DEVELOPMENT COMMITMENT FOR TITLE INSURANCry SCHEDULE B — Section I REQUIREMENTS Order Number: 44051 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. Condominium Map for Lot i depicting Unit B. 4. Condominium Declaration for Fox Crossing Lot 1 Condominims. 5. 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. 6. 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. 7. 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,11, recorded June 23, 2005 as Reception No.511580. 8. 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. 9. 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. 10. 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. 11. 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 October 5, 2007 in as Reception No.542700. Order No.: 44051 ALTA Commitment (6/17/06) - Schedule B I Page I of 2 Estewart t!tla guaranty company RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT 12. Release of the A -- --able Housing Impact Fee Deferral Agreement recorded June 20, 2006 as Reception No. 525489 and the Affordable Housing Impact Fee Deferral Agreement recorded January 11, 2007 as Reception No. 533253. NOTE: Both Agreements refer to Lot 1. 13. Evidence satisfactory to Stewart Title Guaranty Company, furnished 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. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. 15. Duly executed Indemnity Agreement by Fox Crossing Partners, LLC, a Colorado limited liability company indemnifying Stewart Title of Aspen, Inc. against any and all loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title), 16. Duly executed affidavit by the chief executive officer or general partner of RJW Builders, Inc. 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. 17. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. 18. Deed from vested owner, vesting fee simple title in purchaser(s). Order No.: 44051 1 AL7A Commitment (6/17/06) - Schedule B ] F_ T�\ A /ram M} Page2of2 ,,gel a --St, tle guaranty company RECEIVED MAR 1 1 2008 O COMMUNITY DEVELOPMENT N COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 44051 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 an all unpaid taxes and assessments and any unredeemed tax sales. 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. 9. 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 Book 55 at Page 116 as Reception No. 67875. 10. 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 to 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.: 44051 � � ALTA Commitment (6/17/06) — Schedule B 2 Page 1 of 3 -titlA Cl—anty company RECEIVED MAR 1 i CITY OF ASPE-N COMA N TYDEVELOPMENT 11. Underground Rig_ -- Way Easement, fifteen (15) feet in width, granted unto Holy Cross Energy as set forth in instrument recorded August 17, 1999 as Reception No. 434513. 12. Right of Way for Lone Pine Road and Gibson Avenue. 13. Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado, Vacating Portions of the Walnut Avenue Right -of -Way Containing 1,050 Square Feet all within the City of Aspen, Pitkin County, Colorado, Ordinance No. 19 (Series of 1993) as set forth in instrument recorded May 3, 1993 in Book 710 at Page 990 as Reception No. 356442 and re -recorded November 7, 1995 in Book 798 at Page 938 as Reception No. 387120. 14. Easements, rights of way and other matters as shown and contained on Plat of Griffith Property, LLC, Lot Split Subdivision Exemption and Condominium Plat recorded January 28, 2003 in Plat Book 64 at Page 23 as Reception No. 477899. 15. Underground right of way Easement granted unto Holy Cross Energy, a Colorado corporation as set forth in instrument recorded November 7, 2002 as Reception No. 474475. 16. Terms, conditions, obligations and provisions of An Ordinance of the City of Aspen City Council Approving a Subdivision Exemption Lot Split for Lots 1 and 2 of the Property to be known and Dedicated as the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado, Ordinance No. 37 (Series of 2002) as set forth in instrument recorded December 5, 2002 as Reception No. 475668. 17. Terms, conditions, obligations, provisions and easements of Trench, Conduit, and Vault Agreement between Griffith Property, LLC and Holy Cross Energy, a Colorado corporation as set forth in instrument recorded December 6, 2002 as Reception No. 475736. 18. Terms, conditions, obligations, provisions and easements of Easement Agreement by and between The Griffith Property, LLC, a Colorado limited liability company and Walnut Property, LLC, a Colorado limited liability company as set forth in instrument recorded November 13, 2003 as Reception No. 491104. 19. Any and all ores or minerals which may be had, mined or found within the surface boundaries of said granted premises so far as the same may or can be worked without interfering with the surface of said premises, as reserved in Deed recorded November 9, 1901 in Book 142 at Page 496 as Reception No. 66468. 20. Terms, conditions, obligations, provisions and easements of City of Aspen Ordinance No. 52 (Series of 1988) as set forth in instrument recorded February 6, 1989 in Book 585 at Page 330 as Reception No. 308587; and on the Annexation Plat recorded in Plat Book 22 at Page 15 as Reception No. 308586, 21. 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. 22. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Order No.: 44051 1 ALTA Commitment (6/17/06) - Schedule B 2 S rQ\ waft �} Page 2or3 wV a --title guaranty company RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY OEVELOeMENT Commission (HP _, . _pproving an Application for Major Development (Final) for the Property Located at 555 and 557 Walnut Street, Which are Described as Lots 2-5, Block 3, Williams's Addition to the City and Townsite of Aspen, Colorado, Resolution No. 15, Series of 2005 as set forth in instrument recorded May 26, 2005 as Reception No. 510584. 23. 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. 24. 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. 25. 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. 26. 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. 51140. 27. Terms, conditions, obligations, provisions and easements of Revocable Encroachment License as set forth in instrument recorded June 20, 2005 as Reception No. 511409. 28. Terms, conditions, obligations and provisions of Deed Restrictions by Fox Crossing Partners, LLC, a Colorado limited liability company for the benefit of the City of Aspen, Colorado as set forth in instruments recorded December 22, 2005 as Reception No.'s 518771, 518772, 5187as and recorded February 2, 2006 as Reception No.'s 520463, 520464, 520465, 520466, 520467 and 520468. 29. Declaration of Utility Easements by Fox Crossing Partners LLC recorded September 26, 2007 as Reception No. 542422. 30. 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. 31. Condominium Declaration of Fox Crossing Lot 1 Condominiums recorded 32. All matters shown on the Condominium Map of Fox Crossing Lot 1 Condominiums recorded Order No.: 44051 ALTA Commitment (6/17/06) _ Schedule B 2 Page 3 or - stewa --title guaranty company RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT DISCLOSURES Order Number: 44051 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing 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 famished by mechanics or materialmen for purposes of construction on the land described in Schedule 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 Materialmen's Liens. 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. 44051 Stewart Title of Colorado Inc. - Aspen Division Disclosures RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT EXHIBIT 2 Stewart Title of Colorado Inc. - Aspen Division. 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 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: 44051 Stewart'I'itle of Colorado Inc. - Aspen Division Privacy Policy Notice Page I of 1 RECEIVED MAR 1 1200d CITY OF ASPEN COMMUNITY DEVELOPMENT EXHIBIT 1 Stewart Title Guaranty Company PRIVACY POLICY NOTICE PURPOSE OF TIUS 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: 44051 Stewart 'f itle of Colorado Inc. - Aspen Division Privacy Policy Notice Page I of 1 RlEcava) MAR I 1 2008 CITY OF ASPEN CONMUNITY DEVELOPMENT P � 4�- 00I(,- 2cog. As L-U File Edit Record Navigate Form Reports Format Tab Help Uj 0 01P 2-3 J !j J A J+- . L Main valuation Custom Fields Actions Feed Parcels Fee Summary Sub Permits Attachments Routing Status Routing Permit Type Em Permit # 0016.2008.ASLU Address F65 RACE ST AptJSuite #E City ASPEN State CO Zip 81611 J Permit Information Master Permit Routing Queue 'as1u07 Applied 0311212008 J g J Project' J Status pending Approved J j Description TWO EXISTING BUILDINGS (NEW CONSTRUCTION) AND RELATED IMPROVEMENTS, Issued J i CONDOMINIMIZE LOT 1 INTO UNITS A&B — Final 1 J Submitted CHRIS LACROIXJGARFIELD & HECHT Clock Running Days 0 Expires 03J0712009 Owner Last Name FOX CROSSING PARTNERS, First Name 601 E HOPKINS AVE i ASPEN CO 81611 Phone (970)544-0045 Owner Is Applicant? Applicant Last Name FOX CROSSING PARTNERS, .1 First Name [ 601 E HOPKINS AVE ASPEN CO 81611 Phone (970) 544-0045 Cust # 27644 J Lender Last Name J First Name Phone Enter the project name AspenGold(b) Record: 1 of 1 cs to z--q -'5-- 0 o� C TcoCD o O �m m Z _74.681 � �3' 30 N86 a53'00 "E G. C. E. 76.1.39 24• 90 Hatched Area) b 23.40' IF S 31.80' ai Window well (typ) N 25.80' o o 1 O L ^ CM i f O N V V, V �t0 15.5.. i 15.80' N 7- UTn ZY 4, 447 SO 22.60' o - 4, 900 SQ.FT._ _ N _ _ 25.00 Concrete Drive � Covered entry �' 17.00' 16.00' Se t,b ac% L i1? e typical) - - 26.49 ' Legend and Notes : 0 ( n GV Indicates gas service EL Indicates electric service • i GRAPHIC SCALE 10 2 to 20 40 nr user ) 1 inch - 10 rr Vicinity ffav 1 =1000' �t b q H0 St t 5� 3 • Spruce St �R+I rup 8y p &irk c++nr + St y /e PO AV O h Art Museum As f •A choa Vi tar a P s ! Tory '.'«1 . R+cyeU�i m p� ktrr 'iCaurthu s +Gaud h nAV & ` Ci ++ Qei� r° ^ors land eta • Fen ti 04110 Ar ' Sf c;b0J,' c r Qw, AvSt 79 �Ire c� Aspen N89 Z10'00 "W O M 15,30' C° o Covered entry O CQ OCQ . FT. N o 26.80' Concrete Drive 8' Pedestrian Trail Easem erg t . t Condominium flap of Fox Crossing Lot > Condominiums The purpose of this map & to show the condominiumized ownership of Unit .4 and Unit B of Fox Crossing Lot > Condominiums Kformerly Lot 1, Fox Crossing Subdivision 745 00" R- Z 4 CZ ST, ?Zz- 7 Legend and Notes : (J4' Street Righ t 6 Indicates set no. 5 rebar with red plastic cap L.S. #33638. 1. Bearings are based upon a rebar with plastic cap L.S. #13166 found at the northwesterly comer of Lot 13 and a rebar with a plastic ca egible) found at a northerly onspoint of Lot 8 using a bearing of 920'00'E between the two descrMd 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 olte*on, change, expansion, or moW-ation 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 not constitute a subdivison of land pursuant to the City of Aspen Land Use Code. Survemr s Certificate /, 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 1 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 a// of the information required by C.R.S.38-3.33-209 and all 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 corner monuments, both found and set, under my direct supervision and checking that /t 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 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. All information shown hereon regarding ownership, easements, and other encumbrances of record has been taken from the Commitment for Tit/e Insurance issued by Stewart Title of Colorado Inc.- Aspen Division dated as Case No.-- In witness thereof, I have set my hand and sea/ this day of A.D. 2008. Jeffrey Allen Tuttle, L.S.33638 LIENHOLDER 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. Print Name: Titie: STATE OF ) )ss COUNTY OF ) The foregoing Lienholder Consent was acknowledged before me this __ day of Midwest, N.A. 2008, by (name) as (title), of Bank WITNESS my hand and official seal. My Commission expires: Notary Public o f Way • 0 • 9 LIENHOLDER CONSENT Charles Shafer, II being the beneficiary of that certain Deed of Trust dated June 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 in 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, Charles Shafer II STATE OF ) )SS COUNTY OF ) The foregoing Lienholder Consent was acknowledged before me this 2008, by Charles Shafer, II. 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 Ilan holders of a// that real property situated in the C/ty of Aspen, Pitkin County, Colorado, said real property being more part/cu/arly described as follows: Lot 1, Fox Crossing Subd(vision, according to the plat recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No. 511410. City of Aspen, County of Pitkin, State of Colorado. That said owners have caused the sold real property to be laid out, condomin/um/zed, and surveyed as Units A and 8, Fox Crossing Lot 1 Condominiums, a part of P/tk/n County, Colorado. That sold owners do hereby submit sold real property together with oil Improvements, appurtenances, and facl/It/es hereto and now or hereafter thereon, to condominium ownership under the Colorado common Interest ownership act; C.R.S. 38—JJJ-101 same may be amended from time to time, and hereby Imposes upon all the real property the terms, conditions, covenants, restrictions, easements, reservations, uses, limitations, and obligations described /n the condominium declaration for Fox Crossing Lot 1 Condominiums recorded In the real property records of Pltk/n 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, ass/gns, 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 Capita/ Partners LLC, its manager Harris A. Cahn, Manager STATE OF COLORADO ) COUNTY OF P/TK/N )SS. The foregoing dedication was acknowledged before me this day of , 2008 by Harris A. Cahn, Manager of Alpine Capital Partners, LLC, Manager of Fox Crossing Partners, LLC My Commission expires Witness my hand and sea/ Notary Public CC#y of Aspen EnWneer • /, Engineer for the City of Aspen, Colorado, do hereby approve this plat to be recorded /n the office of the Clerk and Recorder of Pitkin County, Colorado, this day of 2008. By. City of Aspen Englneer Community Develooment Director's Anorovo/ This Plat was approved by the Community Development Director of the City of Aspen, Colorado, signed this day of , 2008. By. Community Development Director Tit/e Certificate day of the undersigned, a duly-outhori2ed representative of Stewart Title of Colorado -Aspen Division, do hereby certify that / 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. LIENHOLDER CONSENT Meridian Capital Group III, 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 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 Deed of Trust shall be subordinate to this Map and the Declaration. Executed this day of 2008, Meridian Capital Group III, Inc., a Delaware corporation By. Camilla S. Auger, President STATE OF ) )ss COUNTY OF _ ) The foregoing Lienholder Consent was acknowledged before me this day of _ 2008, by Camilla S. Auger, President of Meridian Capital Group III, Inc., a Delaware corporation. WITNESS my hand and official seal. My Commission expires: Notary Public Dated this day of, Bv. Trt/e Examiner D. 2008. Clerk ypd Recorder's 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 Notece: Aceordm,V to Colorado taw, you must commence any !egad action based upon any defect in this s ey unthin three yeah after you first discover such defect In no event may any !egad ach'on based upon any defecf in this survey be commenced more than ten years from the date of the cart%f%' hon Shawn TbrFF,f ' .S bRY1'YING sIfffl-1c s 226 Heather Lane Glenwood Springs, Colorado 81601 (970) 928-9708 (FAX 947-9007) jeff@tss—us.com Condominium flap of Fox Crossing, Lot 1 Condominiums 17nts 4 &B Fox Crossing Lot 1 Condominiums ,4spen, Colorado 81611 Dmwn by.� JT I 1 Date: J17108 OF 1 < O m � C> ~ r^2 U3 v CD-0o 3m 00 A z —t N86 °53'00 "E , 4 6 g G. c. E. 76..39 L —, 24.90 Hatched Area) 3O — - 23.40' 3L IN � F _ _ � 28.00' Window well (typ) N 25 80' OO b CO 31.80 M co 7 15.53 o N V rn�� 15.80' N 4 447 S ��q/ t � Q. FT. O 22. �i. O1.fi LO 4, 900 SO. FT. r�^ N 25.00' O " J CD Concrete N N Drive Covered entry °' 17.00' 16.00' 77 � Se t,b a ck L ire e- typ i s al -- 26.49 It Legend and Notes : O GI/ Indicates gas service EL Indicates electric service GRAPHIC SCALE 10 0 Is 10 20 e0 Di FEET) 1 iaoh - 10 tt. vicinay 3fap 1 "=1000' GilleI pie St mn sr C 4 di keSDru102 a st ecv Rod up rc1 BM KS 1! �fi ranter AreMusaum �$ r aaq � choa Vi tar c, ► sr a i rory Racycle ekef lie 4-w)� '+Av 8 aG+ �� and Q�t~ •tt ~ P AV o Ow Ar 't1= 'A Gild e r a r#: a : AcS� --,� Riverrida a; e •¢ IN : �e � 5 C.Tesrry Acw%er O co 15.30' C° Concrete Covered Drive entry ►A 7]8" Pedes triar7 Trail Easem er7 t Condominium flap of Fox Crossing Lot 1 CondOnziniums The purpose of dais map is to show the condominiumized ownership of Unit 4 and Unit P of Fox Crossing Lot > Condominiums tformeHy Lot >, Fox Crossing Subdivision) N89 20 $00 "W 145. 00 ' U CZ Legend and Notes : (J4' Street Right of Way 0 Indicates set no. 5 rebar with red plastic cap L.S. #33638. 1. Bearings are based upon a rebar with plastic cap L.S. #13166 found at the northwesterly comer of Lot 13 and a rebar with a plastic ca legible) found at a northerly o point of Lot 8 using a bearing of 8920'00'E between the two des�d 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 alt ion, change, expansion, or mcmcotion of any structure in this condominm community may require the proves/ 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 not constitute a subdIvison of land pursuant to the City of Aspen Land Use Code. Surveyor's Certificate /, JEFFREY ALLEN 7UT7LE, 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 1 Condominiums fully and accurately depicts the improvements, including the condominium units and the common ownership areas, and /dent/fies 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 ol/ of the Information required by C.R.S.38-33.3-209 and all other statutes and regulations applicable to mops of condominium common Interest subid/v/sion, and that such map was prepared from an actual monumented land survey of the property corner monuments, both found and set, under my direct supervision and check/ng that it is correct to the best of my know/edge 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. 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 D/v/sion dated as Case No.____ In witness thereof, / have set my hand and sea/ this day of A.D. 2008. Jeffrey Allen Tuttle, L.S.3.3638 LIENHOLDER 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. Print Name: Title: STATE OF ) )ss COUNTY OF _ ) The foregoing Lienholder 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 Public 0 • 0 0 LIENHOLDER CONSENT Charles Shafer, II being the beneficiary of that certain Deed of Trust dated June 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 in 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. Charles Shafer II STATE OF)33 ) COUNTY OF _ ) The foregoing Lienholder Consent was acknowledged before me this day of 2008, by Charles Shafer, II. WITNESS my hand and official seal. My Commission expires: Notary Public UENHOLDER CONSENT Meridian Capital Group III, 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 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 Deed of Trust shall be subordinate to this Map and the Declaration. Executed this day of - - 2008. Meridian Capital Group III, Inc., a Delaware corporation By. Camilla S. Auger, President STATE OF ) COUNTY OF _ ) The foregoing Lienholder Consent was acknowledged before me this day of _ 2008, by Camilla S. Auger, President of Meridian Capital Group III, Inc., a Delaware corporation. WITNESS my hand and official seal. My Commission expires: Notary Public Certificate of Ownership and Submission to Condominium Ownership Know all men by these presents that the undersigned, being sole owners, mortgagees, or lien holders of al/ that real property situated /n the C/ty of Aspen, P/tk/n County, Colorado, sold real property being more particularly described as follows: Lot 1, Fox Crossing Subdivision, according to the plot recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No. 51141a City of Aspen, County of Pitkin, State of Colorado. That sold owners have caused the said real property to be /old out, condominiumized, and surveyva' as Units A and B, Fox Crossing Lot 1 Condominiums, a part of P/tkln County, Colorado. That said owners do hereby submit sold real property together with all 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 ail the real property the terms, conditions, covenants, restrictions, easements, reservations, uses, limitations, and obligations described /n the condominium declaration for Fox Crossing Lot 1 Condominiums recorded In the real property records of Pitkin County, Colorado on _2009 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. Alpine Capital Partners, LLQ its manager By. Harris A. Cahn, Manager STATE OF COLORADO ) COUNTY OF P17KIN )SS. The foregoing dedication was acknowledged before me this day of , 2008 by Harris A. Cahn, Manager of A/p/ne Capital Partners, LLC, Manager of Fox Crossing Partners, LLC My Commission expires WItness my hand and seal Notary Public City of Asoen Engineer's CMEW . /, , Engineer for the C/ty of Aspen, Colorado, do hereby approve this plat to be recorded /n the office of the Clerk and Recorder of Pitkin County, Colorado, this day of 2008. By. City of Aspen Engineer Community Deve/on ent Directors Aggroval This Plat was approved by the Community Development Director of the C/ty 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 Div/s/on, do hereby certify that / have examined the title to all lands herein dedicated and shown on this plot and that title to such lands is /n the dedicator free and clear of afl liens, taxes, and encumbrances, except as shown hereon. Dated this day of A.D. 2008. Title Examiner Clerk gD_d Recorder's This Plat /s 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 4cci°e TIl ZR S'URVZFdrYC S�RYICF'S any "'gal to CoLaradc Law y°a must -nee Condominium flap of Units e�• B any sum acts"on based esye any aryo in 226 Heather Lane Drawn by. ,f ]� this survey within three years after you first egatver such defect In no event may Glenwood Springs, Colorado 81601 Fox Crossing Lot 1 Condominiums Z11 p any Legal a r such based upon any defect in Dote: ✓ 7 OU this survey be commenced morn than ten years (970) 928-9708 (FAX 947-9007) from ae date of the certification showse Fox Crossing, Lot 1 Condominiums jeff®tss—us.comTUTTLE SURVEYING SERVICES �4sven, Colorado C91611 OF 1 C� THE CITY np ACPRN Land Use Application Determination of Completeness Date: March 18, 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 00016.2008.ASLU (565 Race Street). The planner assigned to this case is Jason Lasser. Ll 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, then your application has been deemed complete to begin the land use review process. 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. Tha You, ennifer Phelan eputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\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 March 11, 2008 RECEIVED MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT 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 1, 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 1, 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: 565 Race Street, Aspen, Colorado 81611. ® Printed on recycled paper ATTACHMENT 2 —LAND USE APPLICATION LPPLICANT: Name: C OSSin Tali Akn L Location: � C, �� C1uSSi l� SJ 6 ckV to (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 01 1 C1 a O O k iIGr ICGJGI\ 1 n A 1 ♦ L' . Name: - Address: bo k 1E- q P"_0dj ^/ Co YI�� Phone #: -1 Oi r12 s- o 3 t- Name: r'IIA (V+�IlZgl�to� Imo}" Sj► n ./lo Ilt� lJ^ . Address: 9 kLc- +• 4A 'JLn WL6 Phone #: O qt 2 S- i q 3 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, condomimumization) 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. y,/ n `l1I Cad vf�1� Jti� z�C� vrw�c� ROPOSAL: (description11of proposed buildings, uses, modifications, etc. /l c�o1'►i n ilyh lZ� La t 1 n� V n Have you attached the following? ��A FEES DUE: S �os� ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement pr W i ❑ Response to Attaclunent #3, Dimensional Requirements Form ~'� ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards NIA All plans that are larger than 8.5" x 11" 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 MAR 1 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT