HomeMy WebLinkAboutcoa.lu.co.565 Race St.Fox Crossing.0016.2008,.~»-
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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 1
~: ~ .~.
Mary Karottki
From: Chris LaCroix
Sent: Monday, April 07, 2008 10:08 AitR,
To: Jennifer Phelan
Cc: Mary Karottki; Sasha Semple; harris a. cahn; `Rack 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 offtce 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
N071CYE:_ 7(zis e-maiCmessa~andaCCattachments transmittedwitFi it may contain CepaC~ri~riCe~ed'
and co ~entzaCi~ornaation intended so~~or the use o the adcCressee. I{tFie reader o{tFiis message is
n_ot tFce intended re~n~ou are Fiere~ not~d tFiat any reading, dissemination, dastri6ution copyi~
or other use_~tFiis mesa a or its attachments is strictly proFiidited. I~you have received this messa a in
----------- - -- -- -
error lease noti{~the sender immedzateCy d~l~_Fc_one (970-925-1936 and deCete this mesa e an~aCC
---_ - ---
copie_sand 6acfu~s thereo~ ~dn~,youu.
Know all men by these presents that the undersigned, beJng so% owners,
mortgagees, or lien holders of all that reo/ property situated In the Clty of Aspen,
Pltkln County, Co%rodo, said real property beJng more partleu/or/y described as fo/%ws•
i of Trust dated June 20, 2005
;h Deed of Trust encumbers the real
he filing of this Map and the
easements, obligations and
yid Deed of Trust shall be subordinate
)8.
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day of
Lot 1, Fox Cross/ng Subd/v/s/on, accord/ng to the plot recorded June 20, 2005 In Plot Book 74
of Page 1J as Reception No. 511410.
City of Aspen, County of Pltkln, State of Co%rado. :~
That sold owners have caused the Bald reo/ property to be /aid out, condominlumlzed, and surveyad da
Units A and B, Fox Crossing Lot 1 Condominiums,
o part of Pltkln County, Co%rodo.
That sold owners do hereby submit said reo/ prooerty together with ol/ Improvements,
appurtenances, and foci/It/es hereto and now or hereafter thereon, to condom/nlum ownership
under the Co%rodo common interest ownership act, C.R.. 38--33.3-101
same may be amended lfom time to time, and her+sby Jmposes upon ol/ the reo/ property
the terms, conditions, covenants, restrictions, easements, reservntlons, uses, /Im/totlons, and
ob/Igot/ons described /n the condominium dec/arot/on far Fox ~ross/ng Lot 1 Condomin/ums
recorded In the reo/ property records of Pltkln County, Co/aro 0 on
+2008, os Reception No. (t~ Dedarot/on)
together with any other amendments or supplements the,~etq, which
Dedaratlon sho// be deemed to run with the reo/ pro~oerty one sha// be o
burden and o benefit to sold owners, the/r successors, assigns, and any pev~son acqu/rJng or
owning on Interest to the reo/ property, their grantees, successors; heirs, persona/
representatives, executors, admintstrator~ devisees, or• assigns
Executed this~doy of ~~ ~ A.D. 2008.
Fox Crosstng Partnerx LLC
By. A/pine a/ Portnerss LLC, Its manager
Harris A. Cahn, Manager
STA TF OF COLORADO )
C0~[/NTY OF PITK/N )SS.
The forpgoing dedlca Ion was acknowledged before me ~.p, ~'Y N~ SF
th/s day ofL 2008 by Harris A. Coh ~~1o~d~-~6,1<~a,~1 Capita/
Partners, LLC, Monoger of Fox Crossing Partners, LLC ';
S
cD~..A G :'
My Commission expires ~ ~L~~~ y~ ., (~B L~ : POO
Witness my hand and sea/ ~ ~F CO~-U~
Myr Commission E~ires 06J27/2008
Notary Public
~~v of Ashen sneer's CertltTcote
/, ' /2/SL~ ~L~GiD~ Engtneer for the City
of Aspen, Co%rodo, do herebby approve this plot ~e recorded in the ofRce of the C.Yerk
and Recorder of Pltkln County, Co%rodo, thls~- ~/ay of ~~+L 200.8.
By.
City of Aspen Engin er
Community De-~/onment D/rector's Annr,,,,r oval
This Plot yeas approvtsd y the Community D ve%pment Director of the Clty of Aspen,
Co%rodo 'geed is day of ~~ 2008.
By.
Community Development Director
fico
1, D the undersigned, oduly-authorized represen totive
of Stewart it/e of Co%rodo-Aspen Division, do hereby certify that /hove
examined the tit/e to o// /ands herein dedicated and shown on this plot and
that tit/e to such /ands is in the dedicator free and c%ar of ol/ liens, taxes,
and encumbrances, except as shown hereon.
7k of Y~~ ~r c
~ the beneficiary of that
ine 23, 2005 as Reception No. 511581, Tit/e Exor»iner
•eon, hereby consents to and
dance with the covenants,
g hereon and therein and agrees that
s Declaration.
S. Clerk ~ Recorder's
This Plot is accepted for filing in the OfRce of the Clerk and Recorder of Pitkin County,
Co%rado, this day of 2008, Plot Book on Poge
and Reception no.
a~
lark and Recorder
. D. 2008.
ne this ~ day of
n Ca~,',{e~oup 11.4, Inc., a Delaware
emission F.~k~es p8/27/Zppg
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,
GARF L &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
err/`
f~ECEIVED
MAR 1 1 2008
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN
Agreement for Payment of Ci of Aspen Development Application Fees CQwiMUNITY DEVELOPMENT
CITY OF ASPEN (hereinafter CITY) and ~x ~OSS~nt(r ~ARTN~'RS., I..~-C
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
rr~ttNIVM-1_ATION c~iC Ln~- 1 Fox Goss~nc~ S.~t3DW-Ylcnl
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Ciry 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.
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 $~ 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 $235.00 per planner hour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no
case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT ~x ~oSS~N~1 r~r~"~P1"S, LC..L ~~~
By • Alp~n~ / i~no~, LLCM 1j3
By: B
Chris Bendon F~Ar~l1 A . /~~ MANASRr'
Community Development Director Date: MAf~~1 tl . ZOV$
Billing Address and Telephone Number:
Required
col E. ~oA~i~S ~ZoZ ~gspc~l CO ~~b~
u~ qZo - DOO'3' ~.
C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc
ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
Issued by
~stewart
title guaranty company
Stewart Title Guazanty 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.
ALTA Commitment Form
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:
. lf/ '
A orized Cotmtetsignature
Stewarc Title of Colorado lnc. -Aspen
Division
620 East Hopkins Avenue
Aspen; Colorado 8161 I
Phone Number: (970) 925-3577
~v7L'~iYYG~~
title guaranty company
.F1ttF~L ..
a~~~f aatp~~''~F,~
*, y
raoa iS
:+lE ~,A ti
Senior Chairman oft Board
Chairmen of the Board
President
ALTA Commitment (6/] 7/06)
RECEIVED
MAR 1 1 2008
CITY OF ASPEN
COMI#iIUNITY DEVELOPMENT
CONDITIONS
1. The term mortgage, when aced 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.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual 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
I~:sured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<
httn://www.alta orQ/>.
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 2005
CITY OF ASPEN
COMMUNITY DEVELOPMENT
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: March 5, 2008 at 8:00 a.m. Order No.: 44051
2. Policy or Policies To Be Issued: Amount of Insurance
(a) A.L.T.A. Owner's (Extended) $ TBD
Proposed Insured:
JAY WEIlVBERG
(b) A.L.T.A. Loan (Standard) $3,652,000.00
Proposed Insured:
BANK MIDWEST NA. its successors andJor assigns
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 l Condominiums recorded
COUNTY OF PITKIN, STATE OF COLORADO
Purported Address:
Homesite F, Fox Crossing
Aspen, Colorado 81611
Order No.: 44051
ALTA Commitment (6/17!06) -Schedule A
Page 1 of I
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
arm 110.1 150.00
Mortgage 100.00
~V W ~I YG>L~
title guaranty company
RECEDED
MAR 1 1 2008
CITY OF ASPEN
~Q~UNITY DEVELOPMENT
r'""` '"~
COMMITMENT FOR TITLE INSURANC)~
SCHEDULE B -Section 1
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 1 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, II, 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.
] 0. Partial Ternnation 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)- Schedulc B 1
Page 1 of 2
~tit~e guaran
RECEIVED
MAR 1 1 2008
eITY OF ASPEN
COMMUNITY DEVELOPMENT
,~ '""'`
12. Release of the Afll~able Housing Impact Fee Deferral Agreement record d June 20, 2006 as
Reception No. S2S489 and the Affordable Housing Impact Fee Deferral Agreement recorded
January 11, 2007 as Reception No. S332S3.
NOTE: Both Agreements refer to Lot 1.
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. A. Certificate ofnon-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 Bi11 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 Bi1192-1270 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.
1 S. 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).
o~ae~rvo.: aaosl
ALl'A Commitment (6/17/06) - Schedule B 1
Page 2 of 2
4~ LCV ~V'C~t
RECEIVED
MAR 1 1 2008
CITY OF ASPEN
CObIMUNiTY DEVELOPMENT
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
bylaw 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.: 440 1 -1
ALTA Commitmen[ (6/17/06) - Schedule B 2 ~V `V~W ^
Page 7 of 3
title guarar[ty company
R~cE'v
MAR 1 i 2~i;'a
COMb1 N T~ EVEI p~~
EN7
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 Squaze
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 maybe had, mined or found within the surface boundaries of
said granted premises so faz 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.: 4405 I
ALTA Commitment (6/17/06) - Schedule B 2
Page 2 of'3title guaranty company
RECEIVED
MAR I 12003
eiTV of As~~= ~
COMMUNITY DE11Ei+~t;it~ENT
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, 518773, 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
(Eder No.: 44051
ALTA Commitment (6/17/06) - Schedule B 2
Page 3 of 3
~~gueran
RECEIVED
MAR 1 1 2008
CITY OF ASPEN
CpMMUNITY DEWEIOPMENT
'~'' DISCLOSURES '"'"`
Order Number: 4405 I
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.
Nate: Colorado Division of Insurance Regulations 3-5-1, Subpazagraph (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.
txore: nntrmanve tvlecnantc'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 asingle-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 Materialtnen'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 -ikelihood 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
pemvssion.
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 llivision
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 TffiS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic persona] 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 ]ender.
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 bylaw.
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 BYLAW.
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 persona]
information.
File Number: 44051
Stewart "Title of Colorado Inc. - Aspnt Division
Privacy Policy Notice
Page 1 of I
RECEIVED
MAR 1 12004
C~i~1UNitY~ EVEIQPI~NE~-
T
vr++°
EXHIBIT 1
Stewart Title Guaranty Company
FRIVACY 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 bylaw.
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
Stewan'ritle of Colorado Inc. -Aspen llivision
Privacy Policy Notice
Page 1 of I
RECEIVED
MARY 1 2QG~
~~~ N T~ EVE ~~N
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file edit gecord g(avigate Fgrm Reports Format Tab Help
valuation ~ Custom Ftelds ~ actions ~ Feef ~ Parcels ~ Fee Summary ~ Sub Qermits (Attactments ~ Royltinq Status ~ Routing ~ -
I
Permit Type - ~- Permit # 0016,2008,ASLU
Address 565 RACE ST ~ Apt/Suite #E
City ASPEN State CO Zip 81611
Permit Information = _ __
Master Permit ~~ ~ Routing Queue aslu07 Applied 03/12/2008
Project ~ Status pending Approved ~~
Description TWO EXISTING BUILDINGS (NEW CONSTRUCTION) AND RELATED IMPROVEMENTS, Issued ~~
CONDOMINIMIZE LOT 1 INTO UNITS A&B
Final ~ J ~
Submitted CHRIS LACROIX~GARFIELD & HECHT Clock Running Days ~~ Expires 03/07/2009
..Owner - _
Last Name FOX CROSSING PARTNERS, ~ First Name ~ 601 E HOPKINS AVE
ASPEN CO 81611
Phone {970)544-0045
r Owner Is AppBcant? ~!
_ ',
App~cant _ _ _
Last Name FOX CROSSING PARTNERS, ~ First Name ~i-~ 601 E HOPKINS AVE ~II
ASPEN CO 81611
Phone (970) 544-0045 Cust # 27644 ~,
.Lender _
Last Name ~ ~ First Name {.",,.~-,~-,"-__-,-
Phone
Enter the project name AspenGold(b) Record: 1 of 1
_ ___ _ _