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Home My WebLink AboutLand Use Case.552 Walnut St.0007.2008.ASLU552 WALNUT ST 0007.2008.ASLU - . 273707392013 SUBDIVISION EXEMPTION --941 t-tfi 6(Ac Â©Eb 3/7 Ll .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2008.ASLU PARCEL ID NUMBER 2737-073-920-13 PROJECTS ADDRESS 552 WALNUT STREET PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE FOX CROSSING DATE OF FINAL ACTION 2.18.08 CLOSED BY Angela Scorey on 03/03/2009 1137-0-73-920*(3 29 87 0-1 -5 CT 2 013 ENe Eck Record Navigate Ferm Reports Format Iab Melp j *43 4 9 -4 9 2 G -1 A JÂ· li 14 4 , 4 0 21 3&, d ill 241 J dj â€¢i . J. L I Man| Custom Fjelds 1 Actions |Fees ~Fee Summark 'Yaluabon |Palcas ~ Subfelmits |Cond,tions |RoutingE,story | Pe,mit Type ~ askâ€¢ jA:pen Land Use Pe<mit 0 10007.2008.ASLU Adiess {0552 WALNUT ST 2 Apl/Suile % City |ASPEN Statelco 21 Zip 181611 Permit In#ormation Master Pe,mit |1. Â· .0 Routing Queue ~ ask,07 Applied 101/21/2008 _] i P,oiect I d Status ~pencing Approved F--1 Descripiion ISUBDMSION EXPEMPTION Issued I IADDRESS SUBJECT TO EXEMPTION IS 546 WALNUT ST.BUT LISTED PARCEL IBELONGS TO 552 WALNUT Final -3 Submitted ~CHRIS 925-1936 Clock IRunning D. r 0 Expires 10171512609--j Owner & Last Name ~FOX CROSSING PARTNERS, 21 First Name ~ 601 E HOPKINS AVE ASPEN CO 81611 Phone ~[970) 544-0045 9 Ownel Is Applicant? Ap*ant Last Name |28x CROS5iNEPAAY*Â§, Z| Fist Name| 1601 E HOPKINSAVE , ~ASPEN CO 81611 Phone ~[9701544Â·0045 Cust # 27644 gil Lender Â· ~ Last Name ~ 2| First Name| Phone ~ i Ente, the mastel pe,mit nul,ber AspenGold[b) Edi Recod 1 d 1 ip , v 09 1% 1 <.4. 0 6 MION 42â€¢18 *09001 sono,9 gel . .. THE CITY oF ASPEN Land Use Application Determination of Completeness Date: January 22,2008 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 0007.2008.ASLU (552 Walnut St.). The planner assigned to this case is myself. 61 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 o f the City o f Aspen Planner reviewing the land use application. ~*-Your Land Use Application is complete: / IT 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. Thank You Jennifer 1(19lan, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc .. ASPEN OFFICE AVON OFFICE 601 East Hyman Avenue GARFIELD &HECHT, RC. 0070 Benchmark Road Aspen, Colorado 81611 Post Office Box 5450 Telephone (970) 925-1936 ATTORNEYS AT LAW Avon, Colorado 81620 Facsimile (97()) 925-3008 Telephone (970) 949-0707 Since 1975 Facsimile (970) 949-1810 GLENWOOD SPRINGS OFFICE The Denver Centre www.gartieldhecht.coin BASALT OFFICE 420 Seventh Street. Suite 100 River View' Plaza Glenwood Springs. Colorado 81601 H)0 Elk Run Drive, Suite 220 Telephone (970) 947-1936 January 18,2008 Basalt. Colorado 81621 Facsimile (970) 947-1937 Telephone (970) 927-1936 Facsimile (970) 927-1939 Christopher J. LaCroix Aspen Office clacroixÂ®garfieldhecht.com BY HAND Ms. Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen. Colorado 81611 RE: Application for Subdivision/Condominiumization of Lot 13, 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 permission to condominiumize Lot 13, Fox Crossing Subdivision (the "Property"). The following information is required by Aspen Land Use Code sections 26.304.030 B., and 26.480.090: â€¢ Name of Applicant: Fox Crossing Partners, LLC, a Colorado limited liability company. â€¢ Applicant's address: c/o Garfield & Hecht, P.C., attn: Christopher J. LaCroix. 601 E. Hyman Avenue, Aspen. Colorado 81611. â€¢ Applicant's telephone number: (970) 925-1936. â€¢ 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. â€¢ Street address of property: 546 Walnut Street, Aspen. Colorado 81611. 1 6 KI 1 0 9- In J.4-Ul 1 0 , 1 CITY OF ASPEN COMMUNITY DEVELOPMENT Â® Printed on recycled paper .. GARFIELD & HECHT, RC. Ms. Jennifer Phelan January 18,2008 Page 2 â€¢ Legal description of property: Lot 13, 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. â€¢ Parcel identification number of Property: 273707392013. Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the Fox Crossing Lot 13 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; and (iv) a check payable to the Aspen/Pitkin Community Development Department in the amount of $705.00. Thank you in advance for your consideration. Please contact me once you have had a chance to review the enclosed materials. Very truly yours, GARI~]~& HECHT, P.C. Christd#her J. LaCroix Enclosures Copies to: Harris Cahn (via e-mail) Rick Crandall (via e-mail) .. ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: fk Cress:nb kr A-Au-3 J LLC. Location: LeÂ¥ a / fox Cross; 13 50& 8*9 6 A (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 913-10134ao\3 REPRESENTATIVE: Name: 64(LS LACTel)Â£ 6-,râ‚¬t !(1 4 Weil,1-, P, 0, Address: 66 l 9 - H YwAA AUE. , Aved Co 9161\ Plione #: (47(4 925-' l936 PROJECT: Name: GAJO~'Al-UM,wh,4 66 12 131 *k Opss,45 50 Le!(UtiloA Address 54 6 \Abil U t- St . # Ar prAJ CO e l 6 LI Phone #: (4-103 925-. /436 TYPE OF APPLICATION: (please check all that apply) Conditional Use U Conceptual PUD 01 Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) E] Final Historic Development Design Review Appeal C Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) C Historic Demolition GMOS Exemption U Subdivision 23 Historic Designation ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use O Other: D Lot Line Adjustment 2 Text/Map Amendment EXISTING CONDITIONS: (description of exjsting buildings, uses, previous approvals, etc.) 100 2*544( bvi *Apih> Cnev Co~0-rucilbl) , g ik 1 t#tprove*Â«13 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) GAL,WiNIUMIZE Lot 13 1 .Ap DAA A J, 5 Have you attached the following? RES DUE: $ -10 sql- U Pre-Application Conference Summary N/'A U Attachment #1, Signed Fee Agreement pov 110 O Response to Attachment #3, Dimensional Requirements Form 144 U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards F~A All plans that are larger than 8.5" x 11" must be folded and a noppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. 000000 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City o f Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Nx Choss,Ke- ~AATNER5, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for CoN,oktivlvlizafloN OF Lot /3 j fix Cross,86- SJBDI,1004 (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 iii 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 und will make additional payments upon notification by the CITY when they are necessan.Â· 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 s -705ei 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. 1* Cfosiu,/9 6,42/3 LLC CITY OF ASPEN APPLICANT By: A~0Â» 1 4/41.i LLC, /8 k~Wly- By: By: /'7- Chris Bendon 1(Aff,\ A . C,d,LA, AARIMAMr- Community Development Director Date: UAR, /9/ ZOO B Billing Address and Telephone Number: Required Got E. Ropti,U * 201/ As" CD 3 1 611 0103 92-0 - o Do-7 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc .. AI.TA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE 1Â»,ued by E-stewart , title guaranty company Stewart Title Guaranty Company. a Texas Corporation C "Comp:iny"). 11)1~ a williable consideration. commits to issue its policy or policies of title insuralice, as identified in Schedule A. in favor of the Proposed Insured named in Schedule A. as owner 01- inortizauce 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 Requil-ements: :111 subject to the provisions of Schedules A und B and to the Conditions of this G)]11!11 itille lit . 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 iii Schedule A by the Company. All liability und obligation under this Commitment shall cease und terminate six nionths 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 signalory IN WITNESS WHEREOF. Stewai-t Title Guaranty Company has caused its corporate name and seal to be hercullto affixed by its dulv authorized officers on the date shown iii Schedule A. Countersigned: -stewart Senior Chairman ot the Board / - title guaranty company All#orized Countersignature 4<931(â‚¬*2= U,-4 Stewart Title 01-Colorailo. Inc. f *i j.O.'084/NEA (fit 'Wl, r tki- Aji)eli Division ~ . E. 1908 -,at ~ ~ ~Chairman of the Board 620 East Hopkins Avenue 1-Ux AS ,# AJpen. Colorado 81611 24Â«41_ Phone: (970)-925-3577 Presideiit Fax: (970)-925- 1384 ()rder Number: 1 ()447 ALTA Commitment (6/17/06) .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: .1:111llary 1(). 2008 at 7:30 A.M. Order Number: 10447 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owners (Ex le tided) $6.600.(*X).(X) Proposed Insured: Suzanne Thomas Porter and B. G. Porter (b) A.L.T.A. Loan 3. Tile estate or interest ill the laild described or referred to in this Commitment and covered hercin is: Fee Simple 4. Title to the Fee Simple estate or interest iii 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 13 CONDOMINIUMS According to the Condominium Map recorded and .15 defilled Und described in tile Condominium Declaration for Fox Ci-0%,ing Lot 13 C()It(1()11-linillins recorcled COUNTY OF PITKIN. STATE OF COLORADO Pitiported Address: STATEMENT OF CHARGES 546 U''allilit Street These charges are due and pavable Ayien. Colon,(10 X 1611 before a Policy can be issued: PREMIUMS: [-DEVELOPER RATE: Owner'K: $4275.()() Tax Cert: 201)0 10!-Ill I H). 1 150.00 Order Nitinher: 1 ()447 -stewart Al.IA Comanitment (6/17/06) - Schedule A L--- title guaranty company Page 1 of I .. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 14)447 The following are the requirements to be complied with: I. Payment to or for the account of the grantor(s) or mortgagot-(s) of the full consideration toi- the estate or interest to be insured. 2. Proper instrument(s) creating the estate or intel-est to be insured must be executed and duly filed tor irecord. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and .l,sessnients :te certified by the County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Coillpally. 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 iii favor of Bank Midwest. N.A.. recorded June 16,2006 as Reception No. 525324. 6. Partial Tennination of Financing Statement froin Fox Crossing Partners. debtors to Bank Midwest. N.A. secured party filed June 16.2006 as Reception No.52533(). 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 indebledness in the amount of $ 1.600.000.00 in Itivor of Charles Shafer. IL recorded June 23.2005 as Reception No.511580, 8. Partial Release of Deed of Trust dated June 2(). 2005. executed by Fox Crossing Partners LLC, to the Public Trustee of Pitkin County to secure an indebtedness in tile 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 01 Deed 01 Trust dated September 20.2007. executed by Fox Crossing Pin-tierA. LLC. to the Public Trustee of Pitkin County to xecure tin indebtedness iii the uniount 01 $4.000.000.00 iii favor of Bank Midwest. N.A.. recorded September 25.2007 as Reception No.542384 und rerecorded Octobet- 5.2()()7 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 2(), 2007, executed by Fox Crossing Partners, LLC. to the Public Trustee of Pitkin County to secure tin indebtedness in the amount ol $4.000.000.00 in favor of Baiik Midwest. N.A.. recorded October 5.2007 in ag Reception No.542700. Or<let Numbei. 1(1447 -stewart \1 l A ('<,innitment 16/17/06) - Schedule B 1 - title guaranty company Pace 1 01 2 .. 12. Partial Release of Mechanic Lien in the amount of $495,390.95 filed by Condon Construction Inc. recorded IDecember 12. 2007 as Reception No. 544816. 13. Evidence satisfactory to Stewart Title Gum-anty Company. furnished by the Office of tIle Director 011-Viiance. City of Aspen. that the following taxes have been paid. or tliat conveyance is exempt froin x:lid taxes: ( l ) The "Wheeler Real Estate Transfer Tax" pill-suant to Ordinance No. 20 (Series of 1979) und (2) The "Housing Real Estate Transfet- Tax" pursualit to Ordinance No. 13 (Series of 1990) 14. A. Certilicate of non-foreign status. duly executed by the sellel-(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 hiternal Revenue Code requires withholding oi tax from sales proceeds il the transferor (seller) is a foreign pei-son or entity. Colorado House Bill 92-1270 may require withholding oftax from sales proceeds if the sellet-(s) is not a Colorado resident, Detailed information and Fornix are available from Stewart Title. I i Duly executed Indemnity Agreement by Fox Crossing Partners. LLC a Colorado limited liability company indemnifying Stewart Title of Aspen. Inc. against any and :,11 loss or damage due to righth and claims of parties established by virtue of consti~uction of improvements located on the subject property. (Form available from Stewart Title). 16. Duly executed affidavit by the chief executive oi licer or general partner of R.J W B uilders. 1 tic . stating that: 1. They are the general contractor toi- all improvements constructed on the subject propertv. 2. AH construction has been completed. 3. They have been paid in full. 4. All subcontractors and/or any parties which provided lienable services or materiiis for said construction project have been paid. 5. A complete list of names. addresses und phone numbers of all subcontractors/sll[)])1iers are attached to the Affidavit. 17. Deed from vested owner(s) vesting fee simple title iii the purchaset-(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute oil recording of deeds CRS 38-35-109 (2) Order Nullille/ Ii)447 istewart \[.TA Commitinent (6/17/06) - Schedule B I IPage 2 of 2 title guaranty company .. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number 10447 Ihe policy or policies to be insured will contain excepti,ms to the following unless the s:ime :ire clisposed of to the satisfaction of the Conipany: I 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. uniation. or adverse circumstance affecting the title tli:it would be disclosed by an accurate :ind complete land survey of the Land and not Ahown by the public records. 4. Any lien. or right to a lien. for services, labor or niaterial heretofore or hereafter turnished, imposed by law and not shown by the public records. 5. Detects. lions. encumbrances. adverse clairns or other matters. if any. created. first appealing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for vallie the estate or intel-est or mortgage thereon covered by thi>, commitment. 6. Unpatented nlining claims. reservations or exceptions in patents. or in acts authorizing the issuance thetro f . 7. Water rights. clainis or title to waten 8. Any and all unpaid taxes and assessments and unredeemed tax salex, 9. Right of the prnprietor of a veiti or lode to extract and remove his ore therefrom. should the xame 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 Teri-itory to the City of Aspen Certified by the City Clei-k on .July 28. 1986. Commonly known as the "Williains Addition" tiA set forth in instrument recorded .January 6.1989 iii Book 585 att Page 330 as Reception No. 308587 and as shown on the plat recorded February 6 1989 in Plat Book 22 at Page 15 as Reception No. 308586. 11. Underground Right of Way Easement. fifteen ( 15) feet in width. granted linto Holy Cross Energy as get forth in invt-ument recordecl Aligust 1 7.1999 as Reception No. 434513. C)ider Number. 1()447 \1-1-:\ Commitment (6/17/06)-Schedule B 2 -stewart PayÂ· 1 014 -title guaranty con-lpany .. 12. Right of Way for Lone Pine Road and Gibson Avenue. 13. Tel-ms. conditions. obligations and provisions of An Ordinance of the City Council of the City of Aspen. Colorado. Vacating Pot-tions 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 toi-th in instrument recorded May 3.1993 in Book 710 at Page 990 as Reception No. 356442 und re-recorded November 7.1995 in Book 798 at Page 938 as Reception No. 387120. 14. Easements. rights of way and other niatters as shown and contained on Plat of Griffith Property. LLC, Lot Split Subdivision Exemption :ind Condominium Plat recorded .lanuary 28.2003 iii 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 iii 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 und 2 of the Propelly to be known Lind Dedicated as the Griffith Property LLC Lot Split located at 700 Gibson Avenue. City of Aspen. Pitkin Countv. Colorado. Ordinance No. 37 (Series of 2002) as Ket lt,rth in inht!-uillent recorded December 5.2002 as Reception No. 475668. I 7. Terms. conditions. obligations. provisions and easements of Trench. Conduit. and Vault Agreement between Gri flith Property. LLC and Holy Cross Knet-ev. a Colorado corporation as set forth iii instrument recorded December 6.2002 as Reception No. 475736. 18. Terms. conditions. obligations. provisions and easements of Easement Ag! cement by and between rhe Griffith Propertv. LLC. a Colorado limited liability company und Walnut Propertv. LLC. a Colorado limited liability company as set forth in instrument recorded Noveniber 13. 2003 as Reception No. 491104. 19. Any :ind all ores or minerals which may be had. mined or found within the sui-face boundaries of said granted premises so 1:11- as the same may or call be worked without interfering with the Surface of baid premises. as reserved in Deed recorded November 9.1901 in Book 142 at Page 496 as Reception No. 66468. 2(). Ternis, 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 ill Plat Book 22 at Page 15 as Reception No. 308586. 21 Terms. conditions, obligations and provisions of City of Aspen. Water Sci-vice Agieenient between the City of Aspen and Clout-ie Bennis as set forth in instrument recorded September 17.1996 ax Reception No. 397127. 22. Terms. conditions. obligations and provisions of Resolution of the Aspen Historic Preservation Commission (HPC) Approving an Application joi- Major Development (Final) for the Properly Located at 555 and 557 Walnut Street. Which are Described as Lots 2-5. Block 3. Williums s Addition to the City and Townsite of Aspen. Colorado, Resolution No. 15. Series of 2005 as set Order Number: 1(}447 AL IA Commitment (6/17/06) - Schedule B 2 -stewart Paize 2 of 4 -title guaranty company .. forth in instrument recorded May 26.2005 as Reception No. 51()584. 23. Easements. rights of way and other matters as shown und contained on Plat of Fox Crossing Subdivision recorded .lune 20.20005 in Plat Book 74 at Page 17 as Reception No. 51141 0. 24. Terms. conditions. obligations and provisions of Subdivision Agreement for Fox Crossing Subdivision :1% set forth in instrument recorded June 2(). 2005 :1% Reception No. 511411 25. Terms. conditions. obligations and provisions 01- Agreement by and between Walnut Prope]-tv. LLC and the City of Aspen as set forth in instrument recorded Julie 20. 2005 a.% Reception No, 511425. 26. Tenns. conditions. obligations and provisions of Ordinance No. 50 (Series of 2004) An Ordinance of the City of Aspen City Council. Approving Three Growth IM:111:lgement Quota S>/%tem Exemptions. Vacation of a Portion of Race Street. und a Foui-teen Lot Subdivisions to be Known as tile 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 Colinty. Colorado as set forth in instrument recorded June 20.2005 as Reception No, 511408. AND. Affordable Housing Impact Fee Deferral Agreement as set forth in instrument recorded June 14. -2006 as Reception No. 525210. AND. Affordable Housing Impact Fee Deterral Agreement. as set Forth in instrument recorded June 14.2006 as Reception No. 525211, AND. A[fordable Housing Impact Fee Deferral Agreement. as set forth in instrument recorded June 2(). 2006 as Reception No. 525489. AND. Affordable Housing Impact Fee Deferral Agreement. as set forth in instrument recorded June 20.2006 as Reception No. 525490. AND. Affordable Housing Impact Fee Deferral Agi-cement. as set forth in instrument recoi-ded June 20,2006 as Reception No. 525491. AND. Al tordable Housing Impact Fee Deferral Agreement. as set forth iii ilistrument recorded .January 1 1.2007 as Reception No. 533253. AND, Allordable Hollhing Impact Fee Delerral Agreement. as set forth in instrument recordecl February 7.2007 as Reception No. 534231. AND. Affordable Housing impact Fee Deferral Agi-eenient. as set forth in instrument recorded February 7.2007 as Reception No. 534233. AND, Affordable Housing Impact Fee Deferial Aereement. as set Ic,1-111 in instrument recorded February 7.2007 as Reception No. 534232. AND. Alfordable Housing Impact Fee Deterral Agreement. as set forth in instrument recorded February 7,2007 as Reception No. 53423 1. AND. A1 [c)rdable Housing Impact Fee De en-al Agree me lit. as xet forth in instrument recorded February 7,2007 as Reception No. 534232. AND. Affordable Housing Impact Fee Deferral Agreement. as set forth in instrument recorded February 7.2007 as Reception No, 534233. und Al furdable Housing Impact Fee Deletral Agreement recorded June 5.2007 as Reception No. 538577 and Affordable Housing Impact Fee Deferral Agreement recorded September 28.2007 as Reception No. 542525. 27. Terms. conditions. obligations. provisions und easements of Revocable Encloachment License a,~ set forth in instrument recorded June 20.2005 8% 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 Februnry 2,2006 as Reception No. s 52()463.520464.52()465.52()466.520467 und 520468. 29. Declaration of Utility Easements by Fox Crossing Partners 1-LC recorded September 26,2007 as Oider Number. 1 0447 Al-TA Coownitinent (6/17/06) - Schedule B 2 -stewart Page 3 4 4 L~-Â· t,tie guaranty company .. Reception No. 542422. 30. Master Dechu-ation Of Protective Covenants For Fox Crossing Subdivision recorded January 2. 2008 11% Reception No. 545394 und al<o recorded January 3.2008 as Reception No. 545472. 31. Condominium Declaration of Fox Crossing Lot 13 Condominiums recorded 32. Al] matters shown on the Condominium Map of Fox Croshiny Lot 13 Condominiums recorded Order Number: 1()447 \1:! A Connmtinent (6/17/069 - Schedule B 2 -stewart P.ice 4 014 -title guaranty coinpany .. DISCLOSURES Order Number: 1 0447 Note: Put-sutizit to C.R.S. H)-1 1-122.notice is hereby given that: A. The Aubject real property niay be located in a special taxing district: It. A certificate of taxes due listing each taxing jurisdiction sliall be obtailled from the counly treasurer or the Coilliti' 11-c,1.surer'% authorized agent: C Ill formation regarding special districts and the |3(,undarie~ 01 Allch districts may be obtitined from the board of coulity commissioners. tile County clerk alid recorder. or the county assessor. Note: Colorado Division of Ill.hill ance Regulations 3-5-1. Subparagraph (7) CE) requirex that -Every title entity shall lic 1-e.~ponsible fur 811 matters which appealÂ· of record prior ti) the time of recording whenever the t itle entity Conducts the Closilly and is responsible for recording or filing of legal clocuments resulting from the It-:infaction which wah closed. Provided that Stewart Title of Coh il-allo. Inc. conducts the Closing of the insured tranhaction Und is respon.dble 1-01Â· recording the legal dc,Cuments from the transaction. exception number 5 will not appealÂ· on the Ownet--i Title Policy and the Lender's Title Policy when i~ued. Note: Affli-inative Mechanich, Lien Protection fur the Owner inity be avall .11)le (typically by deletion of Exception No. 4 01- Schedule B. Section 2 01 the Commimient from the Owlle]-hs PoliC> to be i,Aued) upon Compliance with tile 14)11(),ving conditions: A. The land described in Schedule A of t|liA Commitment must be a hingle-family residence. whicll hiC]ililes .1 condominium or townhouse unit. B. No labor or materials have been lulÂ·nished by niechanics or materiallilen 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 affidavitindemnifying the Company against unfilled mechanic s and Materialmen s Lions. D. Tile Company must receive payment of the appropl-late premium, [1 11 there liah beeii conMruction. improvements or major repairs undel-taken oil the propert>' to be purcha.hed. within eix nionth.0 prior to the Date of the Commitmelit. the requirements to obtaill coverage for unrecorded lines will include disclosure of certain constiÂ·uction infolillation: finallcial information ah to the seller. the builder .Ind/or the contractor. payment of the appropriate premium: fully executed indenmity .imeements satisfactory to the company; and. any additional lequilements as may be ilecessal>Â· after .111 examination ofthe afuresaid information by the Company. No coverage will be given under any cit-cum>dance.% for labor or material for which the insured has comracted 1-01Â· or agreed to pay. Note: Pul-% u.int to C.R.S. 1()-11-]23. notice is hereby given: A. 'That there is recorded evidence that a ininer.11 extate lia, been Jevet-ed. leased or otherwise cotiveyed fic,iii the %111-1.ice estate and that there is a substantial likelihood t|lat 11 third party holds some or all ilitereht in oil. e.lh. other iliinet-a]N. or geothermal energy in tile property: and B. Th.it Juch mineral estate may include the right to enter and use the property witholit the surface owIici-3 permission. This notice applies to owner's policy commitinents containing a tilinelÂ·al severance instrument exception. or exceptions iii Schedule B. Section 2. N<)THING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FIJI.LY SATISFIED. ()ider Number. H)447 1)!hcl{)411Â·Ch . 0 0 . . . . . - 689Â°20'00"E 184.33' Condominfu,m Map of 6 ~1 90.36' 93.97' @ 10.00' LOT 13 Setback Line _(_tyEj EqO The puypose of this map is to show the condominiumized ownership of Fox Crossing Lot 13 Condominiums I- -- .-- ,----:.-=- 7 7 ---------------------- Window well (typ) -7 Unit A and Unit B of Fox Crossing Lot 13 Condominiums (formerty Lot 13, Fox Crossing Subdivision). -J| (Hatched Area) 15.00' -4 6., LINE TABLE Certificate of Ownership and Submission to Condominium Ownership Covered patio Â» L28 e 111 Window well (typ) 1 LINE LENGTH BEARING Know o# men by these presents that the undersigned, being sole owners, / J' %1* 1 Lp.Fire place -3 O- Covered patio - 1 ~ Le 18,87 S72*00'49'W eli CLI I ~'-1 0 ~ L6 6,81 S89Â°20'00'E mortgogees, or lien holders of oll that rea/ properly situated in the City of Aspen, Pitkin County, Colorado, said real property being more particularly described as follows: L7 6,61 N15*31'27'W A> \ 9 [_30 Â© pr) ' L Lle 4,94 N17*59'11'W Lot 13, Fox Crossing Subdivision, according to the plat recorded June 20, 2005 in Plat Book 74 =//2461\~ L 51 (1-1~ 1 F--1 ~ Li9 1,40 S72'00'49'W ,-1 I. N17*59'11'W City of Aspen, County of Pltkin, State of Colorado. at Page 17 as Reception No. 511410. 2 2 6 03 ~ 03 Lf) U . LE 10,30 2 \ 1-21 4 1__36 -1/bjj ~~~re place 01 00 0 L21 1,40 N72*00'49'E L22 9,40 N17'59'11'W That scid owners have caused the said red property to be laid out, condominiumized, and surveyed os 1 \U / L32_ , L53 i - L23 20,60 N72*00'49'E Units A and B, Fox Crossing Lot 13 Condominiums. \ 0 \4 -bAL '40 23 9 L24 6,60 S17Â°59'11'E o part of Pitkin County. Colorado. L25 8,60 S62*59'11'E E n try 6-1 0 ,7 Le 10,70 N00*26'16'E appurtenances, and facilities hereto and now or hereafter thereon, to condominium ownership L_49 1 - XI- Ln L26 18,07 S89*33'44'E That said owners do hereby submit scid real property together with oll improvements. Fn \49 911 M M-M \7 0 L 5 7 L28 15,70 S89*33'44'E under the Colorado common Interest ownership oct, C.R.S. 38-33.3-101 \Ly 690 1 E-t~ b ~ L29 7.30 SOO *26'16'W some may be amended from time to time, and hereby imposes upon d the real property 03 the terms, conditions. covenants, restrict/ons, easements, reservations. uses, limitations, and - iV<ry 9- Â© L30 7,30 S89*33'44'E obligations described in the condominlum declaration for Fox Crossing Lot 13 Condominiums 1 Covered p L31 10,00 SOO*26'16'W nit A \4 Or k \ 43 77 2008, as Reception No. (the Dedarction) recorded In the red property records of Pitkin County, Colorado on \23 6 D CO L32 2,20 N89*33'44'W L33 21,30 SOO'26'16'W together with any other amendments or supplements thereto. which L--34 ~-~~>~ - \7- L34 23,10 N89*33'44'W Dedaration shall be deemed to run with the red property and shall be a Â«0 ~20 L35 22,20 N00*26'16'E burden and c benefit to scid owners, their successors, assigns, ond any person acquiring or 6,607 Pif-T. L36 17,70 N89*33'44'W owning an interest in the real properly, their grantees. successors, heirs. personal - 1.00' ~~767 6 6% FT P< 10.00' L39 24,41 556'40'50'W Executed this L37 4,62 S46*52'21'W representatives, executors, administrators, devisees, or assigns. 1.00' -4=-= day of , A.D. 2008. Concrete L38 5,20 S17'59'11'E L40 4,29 N33Â°35'04'W Fox Crossing Partners, LLC L55 L41 1,30 256*24'56'W By: Alpine Capital Partners, LLC, its manager ______- L42 10.40 N33*35'04'W 4 (34 6' UTILITY EASEMENT _ _ L44 9,30 N33*35'04'W Harris A. Cohn, Manager L43 1.30 N56*24'56'E BM -- 10.00' -__ L45 20,40 N56*24'56'E 4/ L47 STATE OF COLORADO ) L46 7,40 S89*36'08'E 72.22',/ 1. 7-'f/~t- 5.00' 30.53' 02-7-.~ \ Concrete J * ~ 5,04 SOOÂ°48'17'W - Lill U- / L~) L48 7,36 333'49'52'E COUNTY OF PITKIN )SS. L49 18,23 S89*13'46'E L50 11,27 N00*41'41'E The foregoing dedication was acknowledged before me 4 N 90Â°00'00"E 102.75' curbline (typ) 1 022\ m. day of 2008 by Harris A. Cahn, Manager of Alpine Copital L51 15,57 $89'19'22'E L52 5,28 SOOÂ°34'59'W Partners. LLC, Manager of Fox Crossing Partners. LLC 13 0 ASPHALT SURFACE Walnut Street -~ L53 8,92 S89'16'29'E L54 33,87 SOO '40'38'W -~ ~ . Legend and Notes : L55 22.88 N89*14'40'W My Commission expires 0 0 indicates set no. 5 rebar with red plastic cop L.S. 033638. i L56 21,29 N00'34'24'E Witness my hand and sec,/ 1 L57 14,49 N89*20'31'W 1. Bearings ore based upon a rebar with plastic cap LS. #13166 1 ~ found at the northwesteny comer of Lot 13 and o rebar with a 1 ~~/~ 662#3' TABLE Notary Public Legend and Notes : plastic cap -(#legible) found at 0-northerfy angle-point of Lot 8 using c bearing of S89'20'00Â»E between the two described monuments. CURVE LENGTH RADIUS DISTANCE BEARING DELTA GV Indicates gas service C21 24.99 49.00 24.72 N75'23'20"W 2973'20" 2. This property is subject to the easements and restrictions shown and/ or C22 42.77 30.50 39.35 N79'02'57"E 80'20'45" EL Indicates electric service noted in the records of the Pitkin County Clerk and Recorder. C29 b6.16 29.00 47.78 N34'31'34"W 110'56'52" Q~x-RLAmpen Eogion.ck CadiS=iti AC Indicates heating/ cooling unit 3. Any alteration, change, expansion, or modification of any structure in this condominium community may require the approval of the City of Aspen. 1 . Engineer for the City GRAPEC SCA12 ( 4. This property is subject to the exceptions listed in the Title Commitment LIENHOLDER CONSENT of Aspen, Colorado. do hereby approve this plat to be recorded in the office of the Clerk mg . 5. The creation of this condominium community, while valid under Colorado law Charles Shafer, 11 being the beneficiary of that certain Deed of Trust dated June 20, 2005 and Recorder of Pitkin County, Colorado. this day of . 2008. and recorded June 23, 2005 as Reception No. 511580, which Deed of Trust encumbers the real - constitute o subdivison of land pursuant to the City of Aspen Land Use Code. Declaration In accordance with the covenants, reservations, easements, obligations and City of Aspen Engineer to create the condominium units and common areas shown hereon, does not property shown hereon, hereby consents to and approves the filing of this Map and the Rv ( IN ,=T) conditions appearing hereon and therein and agrees that sold Deed of Trust shcll be subordinate 1 inch - 10 1 Surveyor's Certificate to this Map and the Declaration. Executed this day of , 2008. Community Development Director's Aporoval 4 JEFFREY ALLEN TUTTLE, do hereby certify that 1 am o Registered Land Surveyor, licensed under the laws of the State of Colorado, that this Condominium Map of This Plat was approved by the Community Development Director of the City of Aspen, Vicinity Map 1 "=1000' condominium units and the common ownership areas. and identifies location, layout. By Fox Crossing Lot 13 Condominlums fully and accurately depicts the improvements, including the Charles Shafer 11 Colorado, signed this day of , 2008. 1 k /WoodouckLB - dimension and boundaries; that such map was prepared subsequent to STATE OF ) Community Development Director 'ri h# 6.,A 41#Â· substantial completion of the improvements; and that such map complies with and Gillespie St ,1 COUNTY OF ) I t&1/6,1 \ contains all of the information required by C.R.S.38-33.3-209 and all other statutes and )ss N 4 St iÂ«(YÂ· i. regulations applicable to maps of condominium common interest subdivision, and that Spruce St ntle Certificate such map was prepared from an actual monumented land survey of the property corner The foregoing Lienholder Consent was acknowledged before me this - day of 4% monuments, both found and set, under my direct supervision and checking that it is 2008, by Charles Shafer, 11. 4 , the undersigned, a duly-authorized representative d correct to the best of my knowledge and belief and that all dimensions, both linear and angular of Stewart Title of Colorado-Aspen Division, do hereby certify that I have 9 i i 0 2.44 00, pup k 66- 0, 4' ~~ were determined by an accurate control survey k the tle/d which balanced and closed within a WITNESS my hand and official seal. examined the title to all lands herein dedicated and shown on this plat and limit of 1 in 10,000. that title to such lands is in the dedicator free and clear of a# liens, taxes, 4 1. Afâ€¢ Sf Â¥10 4 0.1,4.11 Aw. This survey does not represent a title search by Tuttle Surveying Serw'ces, L.L. C to determine My Commission expires: and encumbrances, except as shown hereon. ownership or easements of record. All information shown hereon regarding ownership, Notary Public 8 I. An Museum 4. 44 '0 - 84 choo e Vi 10, 88Â¥3~ ~.~ eosements. and other encumbrances of record has been taken from the Dated this day of A.D. 2008. a r . p Commitment for Title Insurance issued by Stewart Title of Colorado Inc.- Aspen Division D 6 P. i rlry ' LIENHOLDER CONSENT * dated as Case No. In witness thereof, 1 have set my hand and seal *Cour'*0 '441 9 4, 0,0' f this day of , A.D. 2008. Meridian Capital Group Illa Inc., a Delaware corporations being the beneficiary of that 4'â€¢44, "4 â€¢C, (Gl' ,,n : 3 certain Deed of Trust dated June 20, 2005 and recorded June 23, 2005 as Reception No. 511581, Title Examiner which Deed of Trust encumbers the real property shown hereon, hereby consents to and - Jeffrey Allen Tuttle, L.S.33638 approves the filing of this Map and the Declaration in accordance with the covenants, R J 4#*,4 N. 0 Bank Mldwest, N.A., being the beneficiary of that certain Deed of Trust dated June 15, Executed this day of , 2008. 22* =d 22=CAL'& 4 â€¢ reservations, easements, obligations and conditions appearing hereon and therein and agrees that P k UENHOLDER CONSENT said Deed of Trust shall be subordinate to this Map and the Declaration. 4 : 4 2006 and recorded June 16, 2006 as Reception No. 525324 and that certain Deed of Trust dated Meridian Capital Group Ill, Inc., c Delaware corporation . r. 2 --4,~ September 20, 2007 and recorded September 25, 2007 as Reception No. 542384 and rerecorded This Plat is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, i. i i i 'C' ~ .. Print Name: The foregoing Llenholder Consent was acknowledged before me this - day of October 5, 2007 as Reception No. 542700. which Deeds of Trust encumber the real property By: Co/orodo, th/3 day of , 2008. Plat Book , on Page . shown hereon, hereby consents to and approves the filing of this Map and the Declaration In Camilla S. Auger. President accordance with the covenants, reservations, easements, obligations and conditions appearing and Reception no /1 1 + '1'tÂ»,1444~~ LiSM/Z hereon and therein and agrees that sald Deeds of Trust shall be subordinate to this Map and the 4*,1 0 #; Clerk and Recorder i, ,Â©.~ 1* ~ R.rdd'< Decloration. STATE OF ) e Executed this day of , 2008. )SS i At X U Bank Midwest, N.A. COUNTY OF ) 9<4 - rAÂ¥ 14 4 i Title: 2008, by Camilla S. Auger, President of Meridian Capital Group Ill, Inc., a Delaware 2 0 1 corporation. STATE OF ) Â· )ss WITNESS my hand and official seal. COUNTY OF ) (tltle), of Bank My Commission expires: t A#en The foregoing Lienholder Consent was acknowledged before me this - day of 2008, by (name) as Notary Public ; si Midwest. N.A. WITNESS my hand and official seal. My Commission expires: Notary Public Notice: Accoy*747 to Colorado taw, you must commence TUTTLE SURVEYING SERVICES Condonzinium Map of Drawn by: JT any Lega achon Based Fon any defect in 226 Heather Lane Units A *B Ous swÂ·vey within three years after you 1#st decover such defect In no event may Glenwood Springs, Colorado 81601 Fox Crossing Lot 13 Condorniniulns 01/15/08 any legal action based upon any defect in Date: Uds su,vey be commenced more than ten years (970) 928-9708 (FAX 947-9007) hm me date Rf me cerÂ·AAcahon shown TUTTLE SURVEYING SERVICES Fox Crossing, Lot 13 Condominiums Jeff@tss-us.com Aspen, Colorado 81611 / ax ....... 2003 ...'...................~ .... ........ - 689Â°20'00"E 184.33' Condominium Map of 90*36' 93.97' 10.00' LOT 13 S e tb ack L~iQ~ _(_tyQ_i c.al) Fox Crossing Lot 13 Condominiums 7 --- ---===-==-----r -------------_-_____ ---- The puypose of this map is to show the condominiumized ownership of \ 1-3 1 3 (Hatched Area) 15.00' -14 Window well (typ) G.C.E. -1 Unit A and Unit B of Fox Crossing Lot 13 Condon#iniums (formerly Lot 13, Fox Crossing Subdivision). LINE TABLE Certificate of Ownership and Submission to Condominium Ownership 1<~ Covered Ratio rL28 ah r---0~,01 Ld . Window well (typ) LINE LENGTH BEARING Know c# men by these presents that the undersigned, being sole owners, -~1 ~ r~~-00Â·ij:j 22~Afire place _-3 ~~ Covered patio [- 1 3 18,87 S72*00'49'W ELI - L6 6,81 S89*20'00'E mortgagees, or #en holders of all that real property situated in the City of Aspen, L7 6,61 N15'31'27'W Pitkin County, Colorado, said real properly being more particularly described as follows: 0 \\9 L30 L LE 4,94 N17*59'11'W Lot 13, Fox Crossing Subdivision, according to the plat recorded June 20, 2005 in Plat Book 74 â€ž-1 4 ~46h~ L51 NI I L19 1,40 S72*00'49'W ~-_36 I '/ 65 -~~~ire place LF) 2' [-53~ 1 - L21 1.40 N72'00'49'E 426 03 0 CD O - City of Aspen, County of Pitkin, State of Colorado. at Page 17 as Reception No. 511410. L20 10,30 N17'59'11'W . 0 L22 9,40 N17*59'11'W That said owners have caused the scid real property to be laid out, condominjumized, and surveyed as 04 V L321 0 h L23 20,60 N72*00'49'E Units A and B. Fox Crossing Lot 13 Condominiums, =-br-4 1.4 0 4 9 ~~~::~ Entry 0 ,s, L49 - xi- LO L24 6,60 S17'59'11'E o part of Pitkin County Colorado. L25 8,60 S62*59'11'E L26 18,07 S89*33'44'E ?hot scid owners do hereby submit scid real property together with 011 improvements, L27 10,70 NOO'26'16'E appurtenences. and fac#Ities hereto and now or hereafter thereon, to condominium ownership f_57 L28 15,70 689'33'44'E under the Coforado common interest ownership oct, CRS 38-33.3-101 'FL 8 h some may be amended from time to time, and hereby imposes upon all the real property L29 7,30 SOO*26'16'W L30 7,30 S89*33'44'E the terms, conditions, covenants, restrictions. easements. reservations. uses, limitations, and << Entry v) L31 10,00 SOO*26'16'W t- i \ fovered 9 //\/3/2.27 24 -1 | L32 2,20 N89'33'44'W POOR, as Reception No. (the Dedoration) JV 40 0 83 recorded /n the real property records of Pitkin County Colorado on obligations described in the condominjum decloration for Fox Crossing Lot 13 Condominlurns N~ ~ 1 L/-/~~ 6~ L33 21,30 500Â°26'16'W together with any other amendments or supplements thereto. which [__ 34 ~ IX<] 9/ GON L34 23,10 N89*33'44'W Dedaration shall be deemed to run with the real property and shall be o transl L35 22,20 NOOÂ°26'16'E burden and a benefit to said owners. their successors, assigns, and any person acquiring or 9 ~L/~~ 6,607 Concrete L3'9 24,41 S56*40'50'W Executed th/s day of . A.D. 2008. L36 17,70 N89*33'44'W owning on interest in the red property, their grantees, successors, heirs, personal , 76 SQ FT L55 L41 130 156*24'56'W By: Alpine Capital Partners, LLC, its manager L37 4,62 346*52'21'W representatives, executors, administrators, devisees, or assigns. 6 \ [14 1 0.00'- Eve 1 L38 5,20 517'59'11'E L40 4,29 N33*35'04'W Fox Crossing Partners, LLC \ 4 1 ~ L42 10,40 N33*35'04'W 6' UTILITY EASEMENT - - 44Â£ L43 1.30 N56*24'56'E < ___ | J L.7 L44 9,30 N33*35'04'W Harris A. Cohn, Manager --- -- 10.00' 72121 / I [0:4*5.00r 30.53' L45 20,40 N56*24'56'E bfoo~ -149 441 (-2 1- L46 7,40 S89*36'08'E ... Concrete J * ' L47 5,04 SOO*48'17'W STATE OF COLORADO ) L48 7,36 S33*49'52'E COUNTY OF PITKIN )SS. L49 18,23 S89'13'46'E 4 N 90Â°00'00"E 102.75' curbline (typ) - // \\ L50 11,27 NOOÂ°41'41'E this lay of 2008 by Harris A. Cahn, Manager of Alpine Capital The foregoing dedication was acknowledged before me L51 15.57 S89*19'22'E 9 1 13 0 ASPHALT SURFACE Walnut Street '.. 02 5,28 SOO*34'59'W Partners, LLC, Manager of Fox Crossing Partners, LLC L53 8,92 S89*16'29'E \ L54 33,87 SOO *40'38'W ~ â€¢ Legend and Notes : L.55 22.88 N89*14'40'W My Commission expires 1 3 t Indicates set no. 5 rebar with red plastic cop L.S. 033638. \ us 21,29 NOO*34'24'E Witness my hand and seal 1. Bearings ore based upon a rebar with plastic cap L.S. #13166 \ L57 14,49 N89'20'31'W ~ found at the northwesteÂ« comer of Lot 13 and o rebar with 0 1 Notary Public plastic cap 0//egible,)-found at a northerly ongle point of Lot 8 us,hg a \ /7 0,9uy TABLE Legend and Notes : bearing of S8920'00*E between the two described monuments. CURVE LENGTH RADIUS DISTANCE BEARING DELTA GV indicates gas service Cll 24.99 49.00 24.72 N75'23'20"W 2973'20" 2 777is property is subject to the easements and restrictions shown and/ or C22 42.77 30.50 39.35 N79'02'57"E 80'20'45" EL Indicates electric service noted in the records of the Pitkin County Clerk and Recorder. C29 56.16 29.00 47.78 N34'31'34"W 110'56'52" AC Indicates heating/ cooling unit 3. Any 0/teration, change, expansion, or modification of any structure in this Ok,LAmen agLaack C=WIggft condominium community may require the approval of the City of Aspen. 1 , Engineer for the City GRAPH[C SCALE 4. This property is subject to the exceptions listed in the Title Commitment UENHOUDER CONSENT of Aspen, Colorado, do hereby approve this plat to be recorded M the office of the Clerk w . 5. The creation of this condominium community, while valid under Colorado law Charles Shafer, 11 being the beneficiary of that certain Deed of Trust dated June 20, 2005 and Recorder of Pitkin County, Colorado. this day of . 2008. - to create the condominium units and common areas shown hereon, does not and recorded June 23, 2005 as Reception No. 511580, which Deed of Trust encumbers the real constitute a subdivison of land pursuant to the City of Aspen Land Use Code. property shown hereon, hereby consents to and approves the filing of this Map and the Rv Declaration in accordance with the covenants, reservations. easements, obligations and City of Aspen Engineer ( IN 3!ET) conditions appearing hereon and therein and agrees that sald Deed of Trust shall be subordinate l inch -10 fl to this Map and the Declaration. Surveyor's Certificate Executed this day of , 2008. Community Develooment Director's Aporoval 1. JEFFREY ALLEN TUTTLE, do hereby certify that I am a Registered Land Surveyor, licensed under the laws of the State of Colorado, that this Condominium Map of -This Plot was approved by the Community Development Director of the City of Aspen, Vicinity Map 1"=1000' Fox Crossing Lot 13 Condominiums fully and accurately depicts the improvements, including the Charles Shafer 11 Colorado, signed this day of , 2008. condominium units and the common ownership areas, and identifies location, layout, S \ /woodoucuÂ» -- dimension and boundaries; that such map was prepared subsequent to By C h 44 y substantial completion of the improvements; and that such map complies with ond STATE OF ) Community Development Director Gill.,pi, St ~- 4,&,0\ 1>A. -D f-7 COUNTY OF ) contains all of the information required by C.R.S.38-33.3-209 and all other statutes and 'Â» 4 N St ; I.1. 2' 7 Cy . 4 s.... m Ilila_Cmdificate regulations applicable to maps of condominium common interest subdivision. and that ihe 04-7 such map was prepared from on actual monumented land survey of the property corner The foregoing Lienholder Consent was acknowledged before me this - day of - it m lf; + monuments, both found and set under my direct supervision and checking that it is 2008, by Charles Shafer, 11. 1 the unders/gned o dulrouthorized representative 9 hi correct to the best of my knowledge and belief and that oll dimensions. both linear and angular ~f Stewart Title of Col,ado-Aspen Division, do hereby certify that I hove 7. ..0 2- 0,0 Pup 14 MT 01 were determined by on accurate control survey in the field which balanced and closed within a WITNESS my hand and official seal. examined the title to 0// lands herein dedicated and shown on this plat and enck -9 - limit of 1 in 10,000. that title to such lands is in the dedicator free and clear of d liens, taxes, c.m, / 4 4 $ *A. 53 'PÂ· 15 My Commission expires: and encumbrances, except as shown hereon. 44 St Yle , This survey does not represent a title search by Tuttle Surveying Services, LLC to determine '0 1 R . MMusewilt Â» 4 '4 ownership or easements of record. All information shown hereon regarding ownership. Notary Public choo ~P / 1 Commitment for 77tle insurance issued by Stewart 77tle of Colorado /ne. - Aspen Division Dated this day of A.D. 2008. 4 easements, and other encumbrances of record has been token from the g tr/7 / .t#. 2 1.J dated cs Case No. M witness thereof, 1 have set my hand and seal LIENHOLDER CONSENT By: 1\\. # s ' 4, ~~~*bi ~~F<21 if*24 this day of , A.D. 2008. 4.â€¢ 2 certain Deed of Trust dated June 20, 2005 and recorded June 23, 2005 as Reception No. 511581, Title Examiner Meridian Capital Group Ill, Inc., a Delaware corporation, being the beneficiary of that I which Deed of Trust encumbers the real property shown hereon, hereby consents to and m 444 \\ 4 ,1* 6 k , reservations, easements, obligations and conditions appearing hereon and therein and agrees that - I ./ Jeffrey Allen Tuttle, L.S.33638 approves the filing of this Map and the Declaration in accordance with the covenants, MasÂ¢c P.* # k UENHOLDER CONSENT said Deed of Trust shall be subordinate to this Map and the Declaration. 4 . 4 k * . 0 94 -4 Bank Midwest, N.A., being the beneficiary of that certain Deed of Trust dated June 15, Executed this day of , 2008. 22* eld am:<MO'k G r 4 4 . .2, 1 2006 and recorded June 16, 2006 as Reception No. 525324 and that certain Deed of Trust dated Meridian Capital Group 111, Inc., a Delaware corporation , . 44 September 20, 2007 and recorded September 25, 2007 cs Receptlon No. 542384 and rerecorded This Plat is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, f -4 St :EX AP October 5, 2007 as Reception No. 542700, which Deeds of Trust encumber the real property By: Co/orodo, th/3 day of , 2008. Plat Book . on Page shown hereon, hereby consents to and approves the filing of this Map and the Declaration In Camilla S. Auger, President and Reception no i R.rmaâ€¢gi Declaration. STATE OF ) 2 5 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 Executed this day of , 2008. Clerk and Recorder f )38 5 i -6 i Bank Midwest, N.A. COUNTY OF ) it : : '; f Vo\; 1 4-= 9 By: : ; 4 1 Print Name: The foregoing Llenholder Consent was acknowledged before me this - day of 2 4 Title: 2008, by Camilla S. Auger, President of Meridian Capital Group Ill, Inc., a Delaware corporation. 1 8% 4 STATE OF ) )ss WITNESS my hand and official seal. ty M COUNTY OF ) My Commission expires: The foregoing Lienholder Consent was acknowledged before me this - day of /4 Allpen 2008, by (name) as (title), of Bank Notary Public Midwest, N.A. WITNESS my hand and official seal. My Commission expires: Notary Publlc Notice: Condonzinizen Map of Units A & B AeÂ©09Â·ohng to Cotorado Zaw, you must commence TUTTLE SURVEYING SERVICES any legal achon based upon any defect in this survey within three years qfter you 226 Heather Lane Drawn by: JT 'UY Ytaw:;4:~%2Sitpo#~21 :14:ti:v Glenwood Springs, Colorado 81601 Fox Crossing Lot 13 Condolninitons Date: 01/15/08 this survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) from the date qf the certifÂ£cat:on shown TUTTLE SURVEYING SERVICES Fox Crossing, Lot 13 Condominiums Aspen, Colorado 81611 / a X jeff@tss-us. com . . . 0 0 0 2 803 Asp ~W o .unt