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Land Use Case.900 W North St.0042.2008.ASLU
_2-735 12 2 13 001 0042.2008.ASLU 900/910 W. NORTH ST CONDOMINUMZATION OF EXISTING STRUCTURE C sCaNAu&-p .6/9 O ��7-t:?::)? - 0�3 -� I -CAI S THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0042.2008.ASLU 2735-12-2-13-001 900 W NORTH ST JENNIFER PHELAN SUBDIVISION EXEMPT JENN HALL 11 /12/2008 CLOSED BY Angela Scorey Z7 3S- — 2� _ )3 — Uo y �L�.2 zoo8.11SL UA 3 i, - File Edit Record (Navigate Form Reports Format Tab Help .J J ale Man Vakratlon Custom Fields Actions'Feel Parcels Fee Summary Sub Permits AttecWw is RgJJK Status I Routnp Ustory Permit Type Fa4u JAspen Land Use Permit # 0042.2008.ASLU Address 900 W NORTH ST J Apt/Suite $ City JA5PEN State CC, Zip 81611 —1ffF J Permit Information Master Permit Routing Queue jaslu07 gppyed 9J30/2008 J Project J Status ipending — — Approved I J Description CONDOMINIUMIZATION OF EXISTING STRUCTURE AT 9001910 W. NORTH STREET Issued F J Fnal F— J Submitted JJENN HALL - 970 404 1091 Clock (Running Days 0 Expires 0912512009 J Owner Last Name IMEADOW5 NORTH, LLC J Fist Name F— i oro MEADOWS RD Phone (970)925-5050 (ASPEN COB 1611 r Owner Is Applicant? Applicant Last Name IMEADOWS NORTH, LLC J First Name 675 MEADOWS RD phone (970) 925-5050 Cust 3 126404 J ASPEN CO 81611 Lender Last Name Fist Name Phone ---- — — AspenGold(b) Re C,k 3 3's j. 0 0 ATTACHMENT 2 .-AND USE APPLICATION PROJECT: Name: /c1 cri�t�c� �eori Location: c C r- % ✓ L L 1 /(' �� _ �/, �fr r : c= { / ei 1 1-1 ( vc, -1 dicate street address lot & block number, legal description where appropriate) Parcel ID #(REQUIRED) PPLICANT' a Name: Address: �i C 1 , ,r ; �! ` , i, Phone #: -7 ` c f ; ) C. ` EPRESENTATIVE: Name: F i et Address: � L= Phone TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) N.11'�i1 FClI YIt, C4t-0ial (i'.i:>uk Lk-:I1 ((('r;ACc1 6 r toPOSAL: (description of proposed buildings, uses, modifications, etc.) ive you attached the following? FEES DUE: $ ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. • 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 9/26/08 PROJECT: 900/910 W. North Street APPLICANT: Sallie Golden REPRESENTATIVE: Jennifer Hall TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. Condominiumization review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Staff for complete application - Community Development Director for condominium ization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x I I" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11.All other materials required pursuant to the specific submittal requirements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 C� CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Ashen Development Application Fees CITY OF ASPEN (hereinafter CITY) and !� ( (00.c'�-- , L�- (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CVY an application for �wv:�'nilli�1 J L.tVVII 7ri I I ,,W-1 l1,\�C, ve clfi (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 $ ' / ✓ 5 • , (-' which is for 3 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 By: Chris Bendon Community Development Director APPLICANT r Date: Billing Address and Telephone Number: I -k , c i' : i 4 t. l �j- i j, c-i 4 covenant and agree to pay to the Association Common Expense assessments as the same are levied from time to time. Such assessments shall include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Owner shall convey its Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon Unit Against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. Section 5.3 Apportionment of Common Expense. Common Expenses shall be assessed against the Units equally on a fifty-fifty (50/50) basis, regardless of any expansion of a Unit which may be provided for herein. Section 5.4 Assessment/Commencement of Common Expense Assessments. The Common Expense assessments shall be levied by the Association based upon the Executive Board's advance determination of the cost of any item of Maintenance or the amount of an Insurance premium from time to time. Section 5.5 Effect of Non -Payment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate of twenty-one percent (21 %) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or installments thereof, may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply, and the non -delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non -delinquent owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment, and reference is made to the provisions of Section 9.4 below. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1 Maintenance (a) Association's Responsibility. The Association shall be responsible for the maintenance, replacement, and repair to assure the proper functioning and first class quality (collectively, the "Maintenance") of all those portions of the Common Interest Community whose Maintenance has not been assigned to an Owner by the remaining provisions of this Section 6.1. The Association's maintenance responsibility shall specifically include the maintenance of the Common Wall, portions of the Utilities, and portions of the Drainage Structures as set forth in this Article 6. {00192361.DOC / 3)-6- (b) Owner's Responsibility. For purposes of maintenance repair, alteration and remodeling, an Owner shall have the right and the obligation to maintain, repair, alter and remodel: (i) such Owner's Unit; (ii) any and all new additions to a Unit hereafter made by the Owner thereof. Notwithstanding the foregoing, without the prior written consent of both Owners, which consent shall not be unreasonably withheld, no Owner shall: (i) modify the Common Wall; the Utilities, or the Drainage Structures. (i) Maintenance of Utilities. For any Utilities located within a Unit and which serve both Units, the Owner of the Unit in which such Utilities are located shall also be the Owner of the Utilities located within such Owner's Unit, provided however, that for any portion of such Utilities which serve both Units, the other Unit Owner served by the Utilities have a right to use such facilities for their intended purposes, and the Association shall have the duty to repair, maintain and replace such Utilities from time to time. (ii) Maintenance of Drainage Structures. Additionally, for any Drainage Structures located within a Unit and which serve both Units, the Owner of the Unit in which such Drainage Structures are located shall also be the Owner of the Drainage Structures located within such Owner's Unit, provided however, that for any portion of such Drainage Structures which serve both Units, the other Unit Owner served by the Drainage Structures have a right to use such facilities for their intended purposes, and the Association shall have the duty to repair, maintain and replace such Drainage Structures from time to time. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and those Utilities and Drainage Structures located in such Owner's Unit, which serve that Unit exclusively; (ii) maintain in good order and repair any finishing or other materials on the improvements in that Owner's Unit; (iii) maintain in a neat and clean condition, the decks, yard, landscaping, fences, walls, sidewalks, porches, roof, balconies or patio areas located on such Owner's Unit. Section 6.2 Insurance. (a) Association's Insurance. The Association may maintain from time to time property insurance on the Common Wall, or portions of the Utilities or Drainage Structures serving both Units for not less than the full insurable replacement cost thereof as the Executive Board may establish from time to time. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. (b) Owner's Insurance. Each Owner shall maintain such property and liability insurance with respect to its Unit as such Owner may establish from time to time. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against the other Owner and the Association in connection with any damage covered by any policy. (c) Waivers. Subject to obtaining the wavier of subrogration endorsement required by the Act, the Owners release each other and the Association, and their respective (00192361.DOC / 3)-7- 0 • authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. (d) Obligation to Repair or Replace. In the event of a casualty with respect to the Common Wall, or portions of the Utilities or Drainage Structures serving both Units, the Association shall replace the Common Wall, or portions of the Utilities or Drainage Structures serving both Units as necessary to restore them to their condition before the casualty event. As provided by the Act, the proceeds of the insurance earned by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above, provided, however, that the Executive Board shall reallocate such assessment between 900 West North Street and 910 West North Street Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. Section 6.4 Restoration Upon Condemnation. (a) Total Taking. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. (b) Partial Taking. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance of the award of the taking by the Owner and its mortgagees and lienholders, shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. ARTICLE 7 RESTRICTIONS ON USE Section 7.1 Use and Enjoyment of Unit. Subject to the limitations herein contained, each Owner shall have the sole use and enjoyment of all areas marked on the Map as being part of, or appurtenant to, such Unit. Furthermore, each Owner shall have the sole responsibility to maintain each Unit (and the portions of the Utilities and Drainage Structures which do not serve both Units), at such Unit owner's cost, and in a first class condition. Section 7.2 Use of Common Wall, Utilities, and Drainage Structures. Subject to the limitations herein contained, both Owners shall have the nonexclusive right to use and enjoy the Common Wall, the portions of the Utilities which serve both Units, and the portions of the {00192361.DOC / 3)-8- CJ 0 September 29, 2008 Jennifer Phelan Deputy Director Community Development City of Aspen 130 South Galena, 3`d Floor Aspen, Colorado 81661 Re: Letter of Authorization for 900/910 West North Street Dear Jennifer- This letter confirms that Jennifer Hall, Esq. is authorized to act on behalf of Meadows North, LLC with respect to its application for condom iniumization of its property located at 900/910 West North Street. Jennifer's contact information is as follows: Post Office Box 11711 Aspen, Colorado 81611 (970) 404-1091 The contact information for Meadows North, LLC is as follows: Sallie Golden, Member Meadows North, LLC 721 Meadowood Drive Aspen, Colorado 81611 (970) 925-5050 Sincerely, Sallie Golden, Member Meadows North, LLC Project: Applicant: Location: Zone District: Lot Size: Lot Area: • lox -r ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM �ia.4A:- C (for the purposes of calculating Floor Area, Lot Area may be tyduccd for areas within the high water mark, easements, and steep slopes. Pl a refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposedl Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area Existing. Allow le.• Proposed. - Principal bldg. height: Existing: All able: Proposed. Access. bldg. height: Existing.eRequired.- owable: Proposed: On -Site parking: Existing: Proposed. % Site coverage: Existing:quired.• Proposed: % Open Space: Existing:quired: Proposed. Front Setback: Existing Required: Proposed: Rear Setback: g: E;'tin Required: Proposed: Combined F/R: Eg. Required: Proposed: Side Setback: fisting: Required: Proposed: Side Setback Existing: Required: Proposed: Combined Sides: Existing: Required. Proposed: Distance Been Existing Required: Proposed: 1�61dings Existing,f on -conformities or encroachments: ations requested: ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1200 _ STATE OF COLORADO ) ss. County of Pitkin ) �' being or representing an Applicant to the City of Aspen, Colora certify that I have complied with the public notice requirements (E) of the Aspen Land Use Code in the following manner: / ,(name, please print) �ereby personally Section 26.304.060 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City; of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less` than twenty-two (22) inches wide and twenty-six (26) inches high, and Aich was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200 1 to and including the date and time of the public hearing. A photograph of thqlplosted notice (sign) is attached hereto. Mailing of notice. By th mailing of a notice obtained from the Community Development Dep t, which contains the information described in Section 26.304.060(Ex2) of a Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subjectio the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • • /L96% /9qy2 /,�kb,C' Rezoning or text amendment. Whenever the official zoning district map is in/ any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether uch revision be made by repeal of this Title and enactment of a new land us regulation, or otherwise, the requirement of an accurate survey map of other sufficient legal description of, and the notice to and listing of names'and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours fqr fifteen (15) days prior to the public hearing on such amendments. i Signature The foregoing "Affidavit of Notice" was acknowledged before me this _ day of , 200__, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICA TION !' PHOTOGRAPH OF THE POSTED NOTICE (SIGH) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Project Description 900 and 910 West North Street Meadows North, LLC proposes to convert the form of ownership for the duplex residential structure located at 900 and 910 West North Street to a condominium form of ownership. Meadows North has complied with the provisions of the City of Aspen Land Use code 26.304 by attending a pre -application conference and submitting an application and fees that meet the requirements of Section 26.304. Included with the application is a plat of the property that complies with the provisions of Section 26.480.090. • E Issued Attorneys Title Insurance Agency of Aspen, LLC .\lember's Name) 715 W. Main Street, Suite 304, Aspen Colorado 81611 4 %ddress) (970)925-5625 (Te4•pla wl ATTORNEYS TITLE GUARANTY FUND, INC. The Colorado Title hisurunce COMMITMENT FOR TITLE INSURANCE ATTORNEYS -TITLE GUARANTY FUND. INC., a Colorado corporation, herein called the Company, tier a valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor: all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof and when the policy or policies committed for shall issue whiche%er first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS HEREOF, the Company has cause its corporate name and seal to be hereunto affixed by its duly authorized officers, effective as of the date shown in Schedule A as "Effective Date". ATTORNEYS TITLE GUARANTY FUND, INC. C/ CHRISTOPHER J. CONDIE PRESIDENT CONDITIONS AND STIPULATIONS 1. The tenn mortgage, when used herein, shall include deed of trust, trust deed. or other security instrument. 2. If the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other master 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 nutter, 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 exception shown in Schedule D. 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 n►de a part of this Commitment except as expressly niodified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulatioms of this commitment. it is unlawful to knowingly provide false, incomplete, or misleading facts or infornnation to an insurance company li►r the purpose of defrauding or attempting to defraud the Company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to the policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. • 0 4nrrkan Lard Tide A..wiiation C(mmmnem Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC200909000390 File No. 11CO80026SOIZEV I SCHEDULE A 1. Effective Date: 8/13/2008 2. Policy or Policies to be issued: Premium A. ALTA Owner's Policy. Amount $9,000,000.00 $13,960.(X) Proposed Insured: Luke David, LLC, a Colorado Limited Liability Company Certificate of Taxes Due Endorsements: 50.00 Additional Charges: $0.00 Total $13,970.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is vested in Meadows North. LLC, a Colorado Limited Liability Company 4. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fec Simple 5. The land referred to in this Commitment is situate in the county of PITKIN, State of Colorado and is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 900 West North Street. Aspen, Colorado 81611 Gary A. Wright Authorized Officer or Anent 2622 Member Number FOR 1NFOR.NIATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Gary A. Wright, 715 W. Main Street, Suite 304, Aspen Colorado 81611, Phone: (970) 925-5625, Fax: (970) 925-7348 T111S COMMITMENT IS ISSUED SUM" TO THE STATEMENT Or TERNS, CONDITIONS AND STIPULATION'S ATT.ACIIED American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC200809000390 FILE No. PC08002650REV I SCHEDULE B - Section 1 - Reqnircments The following are the requirements to be complied with: a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. d. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. c. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. f. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-I 1-122). g. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfilcd materialmcn's or mechanic's liens. h. Certificate of good standing from the Colorado Secretary of State for Meadows North, LLC, a Colorado Limited Liability Company. i. Certificate of good standing from the Colorado Secretary of State for Lukc David, LLC, it Colorado Limited Liability Company. j. Record a Statement of Authority to provide prima facie evidence of existence of Meadows North, LLC, a Colorado Limited Liability Company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. fi38-30-172. k. Record a Statement of Authority to provide prima facie evidence of existence of Lukc David, LLC, a Colorado Limited Liability Company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. fi38-30-172. I. Warranty Deed from Meadows North, LLC, a Colorado Limited Liability Company to Lukc David, LLC. a Colorado Limited Liability Company conveying Subject Property must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, item 2A. NOTE: C.R.S. fi38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. m. An ALTA/ACSM Land Survey sufficient in content and form and certified to the Company must be furnished to the Company. Exception will be taken to adverse matters disclosed thereby. n. Release of the Deed of Trust from Meadows North, LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin County for the benefit of Colorado Business Bank to secure an indebtedness in the principal sum of $2.625.000.00, and any other amounts and/obligations secured thereby, dated November 30.2005 and recorded on December 5, 2005 as Reception No. 518058. o. Release of the Construction Deed of Trust from Meadows North, LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin County for the benefit of Colorado Business Bank to secure an indebtedness in the principal sum of $4,624,000.00, and any other amounts and/obligations secured thereby, dated September 01, 2006 and recorded on October 02, 2006 as Reception No. 529291. p. Release of the Construction Deed of Trust from Meadows North, LLC, a Colorado Limited Liability Company to the Public 'trustee of Pitkin County for the benefit of Colorado Business Clank to secure an indebtedness in the principal sum of $2.200.000.00, and any other amounts and/Obligations secured thereby, dated April 3, 2008 and recorded on April 22, 2008 as Reception No. 548516. q. This Commitment is subject to review and approval by Attorneys Title Guaranty Fund. Inc. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with • • American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC200809000390 FILE No. PC08002650RFM SCHEDULE B - Section 1 - Requirements the disclosure or withholding provisions of C.R.S. §39-22.604.5 (non-resident withholding). Note: Effective September 1. 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to record or file any document that does not conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and reconler for recordation must be accompanied by a Real Property Transfer Declaration. This Declaration must be completed and signed by the grantor (seller) or grantee (buyer). • • American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC200809000390 FILE No. PCO800265OREV 1 SCHEDULE B - Section 2 - Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachment%, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien_ for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any claim, which arises out of the transaction vesting in the Insured estate or interest insured by the policy to be issued hereunder, by reason of the operation of federal bankruptcy, state insolvency or similar creditor's rights laws. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 7. Taxes for the current year, including all taxes now or heretofore assessed, due, or payable. NOTE: Upon compliance with underwriting requirements, exceptions numbered will be omitted from the Loan Policy to be issued hereunder. 8. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between David Menscher and Lclya J. Menscher and Winfield T. Durbin recorded on October 14. 1975 in Hook 304 at Page 120 as Reception No. 178452. 9. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between Rosa W. Durbin and Winfield T. Durbin and David Menscher and Lclya J. Menscher recorded on October 14, 1975 in Book 304 at Page 129 as Reception No. 178453. 10. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between David Menscher and Lclya J. Menscher and Winfield T. Durbin recorded on October 14, 1975 Book 304 at Page 143 as Reception No. 178461. 11. Terms, conditions, provisions, agreements and obligations specified under the Resolution by and between North Meadows, LLC, a Colorado limited liability company and Paul Turner and Molly Brooke recorded on December 01, 2005 as Reception No. 518002. 12.Tcrms, conditions, provisions, agreements and obligations specified under the Agreement to Confirm Common Boundary Location by and between Meadows North, LLC. a Colorado limited liablity company and Paul Turner recorded on July 27, 2006 as Reception No. 526940. 13. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit, and Vault Agreement by and between Meadows North, LLC, a Colorado limited liability company and Holy Cross Energy recorded on January 09, 2008 as Reception No. 545718. 14. The following conditions and stipulations, as contained in the patent recorded December 03, 1892 in Book 55 at Page 35 as Reception No. 50193 : First: That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises and to any veins or lodes of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, which may have been discovered within the said limits, and which were not known to exist on the 19th day of October. 1890. Second: That should any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above described premises at said last-named date, the same is expressly excepted and excluded from these presents. Third: That the premises hereby conveyed may be entered by the proprietor of any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit., for the purposes of extracting and removing the ore from such vein, lode or deposit, should the same, or any part thereof, be found to penetrate, intersect, pass through or dip into the mining ground or premises hereby granted. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC200909000390 FILE No. PC0800265OREV l SCHEDULE B - Section 2 - Exceptions Fourth: That the premises hereby conveyed shall be held subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs and decisions of courts. Fifth: That in the absence of necessary legislation by Congress, the Legislature of' Colorado may provide rules for working the mining claim or premises hereby granted. involving casements, drainage and other necessary means to the complete development thereof The Owner's policy to be issued hereunder will contain, in addition to the items set forth in Schedule R - Section 2, the following items: (1) the mortgage, if any, required under Schedule B - Section 1, Item (c); (2) unpatcnted mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. water rights, claims or title to water; (3) any and all unpaid taxes, assessments and unredeemed tax sales. Note: Colorado Division of Insurance Regulation 3-5-I. Section 7. Paragraph 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 settlement service that is in conjunction with it's issuance of an owners policy of title insurance) and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Note: Exception 4 of Schedule B, Section 2 of this Commitment may be deleted from the policy(s) to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or matcrialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 13 months. C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against mechanic's and matcriahnen's liens not filed. D. Any deviations from conditions A through C above is subject to such additional requirements or information as ATGF may deem necessary, or, at its option. ATGF may refuse to delete the exception. Note: The following disclosures are hereby made pursuant to §C.R.S. 10-1 1-122 i. The subject property may be located in a special taxing district ii. A Certificate of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer of the county treasurer's authorized agent iii. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners. the county clerk and recorder or the county assessor. Note: If there is recorded evidence that one or more mineral estates has been severed, leased or otherwise conveyed from the surface estate of the subject property described in Schedule A of this Commitment, and there is a substantial likelihood that a third party holds some or all of the ownership intcrest in oil, gas or other minerals or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the surface of the subject property without the surface owner's permission. • SCHEDULE C File#: PCO800265OREV1 Policv Number: PC200809000390 Lots A. B, C and D. and that portion of Lots E and F lying Westerly of the Westerly line of the property described in instrument recorded December 3. 1958. in Rook 186 at Page 115, as corrected by instrument recorded January 29. 1976 in Book 308 at Page 229, all in Block I, City and Townsitc of Aspen. LESS AND EXCEPT THE FOLLOWING PARCELS: Any portion lying within Lot 2, Janss Subdivision as shown on the Map thereof in Plat Book 3 at Page 398. That Part of Block 1, City and Townsite of Aspen, described as follows: Beginning at a point at what has been described as line 6-7 of Aspen purporting to locate Corner No. 6 of said Aspen Townsitc bears North 7'38'00" East 22.00 feet; thence North 07'38'00" East 19.17 feet along said line 6-7 to a point Subdivision,• thence South 65'2100" East 35.43 feet along said Southerly line; thence South 83'04' 14" West 35.00 feet to the Point of Beginning; That part of Block 1. City and Townsitc of Aspen, described as follows: Townsitc, whence a 1954 Brass Cap on the Southerly line of the Janss Beginning at a point on what has been described as line 6-7 of Aspect Townsitc whence a 1954 Brass Cap purporting to locate Corner No. 6 of said Aspen Townsitc bears North 07°38'00" East 2.83 feet; thence South 07038'00" West 91.71 feet to the point on the South line of said Block I; thence North 75'9'11" West 5.84 feet along said Block line; thence North 07138'00" East 92.81 feet to the South line of the Janss Subdivision as platted: thence South 65°21100" East 6.06 feet to the Point of Beginning. All in Pitkin County, Colorado. C� • ATTORNEYS TITLE GUARANTY FUND, INC. Committed to Protecting Customer information in order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. You have a tight to know how we will utilize the personal inIbi-nation you provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling ol'your personal intormation. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other con municaIions to its. whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our agents, or others; and • Infonnation we receive from a consumer -reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: ( I ) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control ellorts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more ol' our agents or affiliated companies. Such affiliated companies include Attorneys Title Insurance Fund, Inc., ATGF's reinsurer and parent company. Former Customers Fvcn if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with Icdcral regulations to guard your nonpublic personal information. • • Issued By Attorneys Title Insurance Agency of Aspen, LLC ( member's Name) 715 W. Main Street, Suite 304, Aspen Colorado 81611 (Address) ATTORNEYS TITLE GUARANTY FUND, INC. THE CITY of ASPEN Land Use Application Determination of Completeness Date: 10/1/08, 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 0042.2008.ASLU (900/910 W, North Street —Condominium lat). The planner assigned to this case is Drew Alexander. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. A AY,ou, VV �4 ennifer he an, Deputy Director City of A5p6n, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc r • • f 0 w 0 • C�.', v ,yam r�0jpue � : � `K•v. Subject' MuLft- arcel =.� i a 4 Si ,r% 4} € •9e`®Ar 1 zc.. yb' D: � QpN+?�i • •n j�•'� m diln-'A ty I-. I L PARLC ' Q =�• p c ��ii!��1 � • 'ubRrk Sr Tr,^•. I �J n k G se ry-:�� • /�'.pj� N •' o W 7 '1 -.. Raan'iW Fmk Rrvar . �;' a` •. Q. �1(UOQ N 8T .i MaYam LakB. All • l,�.axeu�re Pon° '�. . r� E AkCis 8 •' ! � � o .. °ntY Gerden'• •1 B }:��. WgL x fam Re•gx P°sE OAt •• �9' �. 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Ya � t Yscr Vicinity Map SCa/e.• l " _ 1000' Declarant's Certificate: KNOW ALL MEN BY THESE PRESENTS, that Meadows North, LLC, a Colorado Limited Liability Company (hereinafter 'Declarant), being the owner of certain real property situated in the County of Pitkin, State of Colorado being further described as follows: Lots A,B,C and D and that portion of Lots E and F lying Wester/y of the Wester/y line of the property described in instrument recorded December 3, 1958 in book 186 at Page 115, as corrected by instrument recorded January 29, 1976 in Book J08 of Page 229 al/ in Block 1, City and Townsite of Aspen; And except any portion lying within Lot 2, ✓anss Subdivision as shown on the Map thereof in Plot Book 3 at Page 398,' And except that Part of Block 1, City and Townsite of Aspen described as follows: Beginning at a point at what has been described as line 6-7 of Aspen Townsite, whence a 1954 Brass Cap purporting to locate Corner No. 6 of said Aspen Townsite bear N07'38 00'E 22.00 feet; thence N07'38'00'E 19.17 feet along said line 6-7 to a point on the Southerly line of the ✓anss Subdivision; thence S65'21 00'E 35.43 feet along said Souther/y line; thence S83'04'14'W 35.00 feet to the Point of Beginning; And except that part of Block 1, City and Townsite of Aspen, described as follows: Beginning at a point on what has been described as line 6-7 of Aspen Townsite whence a 1954 Brass Cap purporting to locate Corner No. 6 of said Aspen Townsite bears N07'38 00'E 2.83 feet; thence S073800'W 91.71 feet to the point on the South line of said Block 1; thence N75'09'11 'W 5.84 feet along said Block line; thence N07738 001E 92.81 feet to the South line of the ✓anss Subdivision as platted; thence S6521 00 E a distance of 6.06 feet to the Point of Beginning. All in Pitkin County, Colorado (the "Property') hereby certifies that this Mop of the Meadows North, A Common Interest Community has been prepared pursuant to the purposes stated in the Declaration of the Meadows North, A Common Interest Community, recorded on the _--_ day of ----------- 2008 as Reception No. ---------- (the Declaration Declarant. - Meadows North, LLC, a Colorado Limited Liability Company By: ----------------------------------- Sallie Golden, Member State of Colorado ) )ss County of Pitkin ) The foregoing Dec/aront's Certificate was acknowledged before me this ____ day of _ ____ _ 1 2008, by Sallie Golden as Member of Meadows North, LLC, a Colorado Limited Liability Company. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ----------- __--------- ___ By: ---------------------------------------- Notary �Puubllic 1 e Engineers Approval: This Map of the Meows North, A Common Interest Community was approved by the nt Engineer of the City of Aspen this ____ day of ----------- 2008. BY: ----------------------- Community Development Engineer Via LAO 7 Approval: This Map of the Meadows North, A Common Interest Community was approved by the City of Aspen Department of Community Development this ____ day of ----------, 2008. BY: ----------------------------------- 9,r'neerr M1YC �IIZ bR Go,Avn>t'CY rJal'04 LINE TABLE LINE LENGTH BEARING L 1 J.49 /V00'54'00'W L2 J..70 S00°54 00'E CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 01 700.00 59.31 29.67 1 59.29 1 S07.53371- 4'51'17- Found #5 Rebar & Cop Lot 2 *-Marked LS9184 Lot I II__ -- Janss StlbdlVLSIon 1 Book 3 1 Pare e398 soat�P Found #5 Rebar & Cap Marked LS1595 Corner 6 of the City of aF Aspen Townsite monument not found. I The Center 114 of o� Section 12, T10S, R85W. sue. Found #5 Rebar &Cap!��>P A"�f Set #5 Rebar f� Cap O Marked LS9018 8� �AP Marked 201JJ "34.4� \� lCb a ens. Set #5 Rebor & Cap Set #5 Rebar & Cap s6S. \tP Marked 20133 Marked 201JJ \ ?�OpF \ r eo I CO I G9 Paton ti o I \ • Oo�na M ' (b ° ftllh f d s � � 1 Norfn S4cef Un,( �\ ��`. �6, OC ^i ' 2� 9"o -t/°O I 770 PP�h \\t tP d Block 1 / u;r 9`q6 �¢Jnf I rr) I 0.3599 ac.t e nears by IN. e Set #5 Rebar & Cap r S—, N. d' ( � \ Page 2 der 9sJ° , 4 Marked L7 �0133 ` ° / ` � \ � I b Set #5 Rebar & Cap Found PK (Illegible) NaOthWsfreef Unif ��/ I Marked 201JJ Lot >\ � i \ s Found #5 Rebar & Cap Marked LS9018 rnieM Hoar Er s 6,,. —_, +E�� = 7WJ.�"I ` I I 1 �y . �o \ nP o \ Lod B l I \ -4-0 S81°04'45'E 1.603� I o,' S7509"11.-: \ ILot P n C—� Il \ns`P er J C. e'bed Line Descot of Parcel Map of Me a do ws Nor Lh, A Common Ir1 ees Communi' y City of Aspen, Colorado °„ y � 2?¢ Lot D Lot E � rr,^Book 308 Page 229 QI 75' ROW ¢1 vl LatF hCIO ® r Set #5 Rebor & Cop III -P , 6 • J 1# Marked 201JJ LO Z cD \ o I I r I BIpok 2 I 9j84 dap s 4 t'Boss orB .ry"9J F �2- Con trot Map 99 y Found Brass Cap Scale. �D Center Section 12, T10S, R85W, 6th P.M Elevation 7897.45 (Aspen Control) Survey Notes: Lien Holder Consent and Subordination Community Business Bank, as the beneficiary under Deed of Trust, recorded at Reception No. 1. Bearings are based on a bearing of S75'09'11 'W as found between #5 518058, Deed of Trust, recorded at Reception No. 529291, and Deed of Trust, recorded at Rebars along the Northerly Boundary of Block 2, Aspen Townsite. Reception No. 548516, and in the Pitkin County records, all presently encumbering the Property, hereby joins and consents to the filing of this Map, and agrees that any foreclosure of said 2. Elevations are based on on elevation of 7897.45' at the Center 114 of Deed of Trusts shall not adverse/y affect the existence or continued validity of this Map, which Section 12 based on the City of Aspen — GPS Control Monumentotion mop by shall run with the title thereof and remain in full force and effect as if this Mop had been Drexel Barrell & Co. dated 02-27-98. delivered and recorded prior to the delivery and recording of said Deed of Trusts. Notwithstanding such consent and subordination, said Property shall continue to be encumbered J. Linea/ dimensions are in US Survey Feet by the Deed of Trusts unless released in accordance with applicable law. Colorado Business Bank 4. Section 3 of the Agreement to Confirm Common Boundary Location dated July 15, 2006 and recorded July 27, 2006 as Reception No. 526940 /n the Address: ___ real property records of Pitkin County provides that the Northern boundary of the Subject Property is as depicted on the survey prepared by Alpine Surveys, Inc., also recorded on Ju/y 27, 2006 in Plot Book BO at Page 78 as Reception No. 526938 in the real property records of Pitkin County. This Map of Meadows North, A Common Interest Community depicts the Northern Boundary of the Subject Property in its accurate location, on the 5-6 line of the Aspen Townsite, which location is inconsistent with the above described recorded survey. 5. A survey was completed by this surveyor in September 2006 and monumentotion of the subject property was in place at that time. The existing corners were lost due to construction activity and remonumented by this surveyor in August 2008. 6. Page 1 of this mop defines the exterior boundary of Meadows North LLC, ownership. Page 2 of this map defines and creates the unit boundaries of Meadows North, A Common Interest Community. According SCHMUESER GORDON MEYER According to Colorado Law, you must commence on), legal action based upon any I 18 W. 6TH STREET, SUITE 200 defect in this survey within three years after GLENWOOD SPRINGS, COLORAD0 8 1 60 1 you first discover such defect. In no event may any legal action based upon any defect (970) 945- 1 004 FAX (970) 945-5948 in this survey be commenced more than ten Years from the dote of the certification shown SCHMUESER I GORDON I MEYER ASPEN, COLORADO (970) 925-6727 hereon' ENGINEERS I SURVEYORS CRESTED BUTTE, CO (970) 349-5355 By: --- State of______—___ ) As County of ----------- The foregoing Certificate of Ownership was acknowledged before me this day of ------------- 2008, by---------------------- as ------------ for Colorado Business Bank. Witness my hand and seal: My Commission expires Notary Public llulw- HER Meadows forth A Common Interest Comm unl ty REVISION DATE I BY rit/e Certificate: The undersigned a du/y—authorized representative of Attorneys Title Guaranty Fund, Inc. a title company registered to do business in Pitkin County, Colorado, hereby certifies that Meadows North, LLC. holds fee simple title to the Property, free and clear of all monetary liens and encumbrances except those identified in the Title Commitment issued by Attorneys Title Guaranty Fund, Inc. under File No. PC08002650, Rev. 1 dated August 13, 2008. Although we believe the facts stated on this Map are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a opinion of title, nor a guaranty of title and it is understood and agreed that Attorneys Title Guaranty Fund, Inc. neither assumes nor will be charged with any financial obligation or liability whatsoever on on), statement contained herein. Attorneys Title Guaranty Fund, Inc. BY----------------------- Dote: Address: 715 W. Main Street Suite J04 Aspen, Co 81611 State of Colorado ) As County of Pitkin ) The foregoing Certificate was subscribed and sworn to before me this ____ day of ----------° 2008 by -------------------- as ---------------- of Attorney Title Guaranty Fund, Inc. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ---------- -------------------------- Notary Public Surveyors Certificate: /, Stephen L. Ehlers, a registered land surveyor, do hereby certify that / hove prepared this Map of Meadows North, A Common Interest Community: that the locations and dimensions of each Unit and that Unit's identifying number, the locations (with reference to established datum) of the vertical boundaries of each Unit and the approximate location and dimensions of the Common Wall are accurately and correctly shown hereon: that the some is based on field survey performed under my supervision on August 28, 2008: that this Map of Meadows North, A Common Interest Community meets the requirements of o land survey plat as set forth in CRS Section 38-51-106: and that this Mop of Meadows North, A Common Interest Community contains all of the information required by CRS Section 3B—JJ.3-209 of the Colorado Common Interest Ownership Act, pursuant to CRS Section 38-33.3-201(2). The control precision is greater than 1 in 10,000. Recorded easements, rights —of —way and restrictions shown hereon are the some as those set forth in Section 2 of Schedule B of the Title Commitment issued by Attorney Title Guaranty Fund, Inc. under File No. PCO8002650, Rev. 1 doted August 13, 2008. Stephen L. Ehlers LS20133 Dote Acceptance for Recording: This Map of Meadows North, A Common Interest Community is accepted for filing in the Office of the Clerk and Recorder for Pitkin County, Colorado this ____ day of 2008, in Plot Book ____ at Page ____ as Reception No. _______— ------------------------------ Clerk and Recorder Deputy City of Aspen Col ora d o Job No. 2006-462.002 Drown by.' tkc Date: 0912910.5 Approved: of Filenorthstreet orcel-Condo- 1 2 4g h 0 0 0 9 0 0 0 0 • • • • • • • • I c Corner 6 of the City of Aspen Townsite Lot L \ monument not found. The Center 114 of So`� Section 12, T10S, R85W, 6th P.M. bears se-/ `/ \ S2625 30'E 612.22 feet. S46a`/ 0, \ \ m'o� Found #5 Rebor & Cap Marked LS9018 Set #5 Rebor & Cap M 34 46, Mork. 20133 Found PK (Illegible) c v N Legend ® Gas Meter •� • 4 Limestc c� Clean Out < ® Electric Meter •� 4 © Cable Pedestal O Electric Manhole JC Telephone Pedestal o ET Electric Transformer Stone Ret< + I Spot Elevation � I I I Notice: According to Colorado Low, you must co mence any /ego/ action based upon any duct in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. ��n�rerP 'I /V Jonss ► subdivision Book ►3 Page J98 LINE TABLE LINE LENGTH BEARING L 1 3.49' N00.54 00'W L2 3.70' S00'54 007E L3 0.33' S75'01377- Set #5 Rebor & Cap Marked 20133 S6S� j, \�F Lot I Cps a SS> No S1y✓c�ocot/o O �Pe g9re� Wr'ndo w g \ /_—" Well �o9P J CURVE TABLE CURVE I RADIUS 1 LENGTH I TANGENT CHORD BEARING DELTA C 1 700.00 59.31 29.57 59.29 S07.53 377E 1 4'51 '17" i Mapo Me a coo �s Nor , A Common Intewes Commun-i ty City of Aspen, Colorado Set #5 Rebor & Cap Marked 20133 �` 0 N \S e GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. Set #5 Rebor & Cap X Marked 20133 Westerly Line of Parcel Described at Book 308 Page 229 Set #5 Rebor & Cap Marked 20133 Map Notes: 1) Meadows North, a Common Interest Community is subject�t'to the easements, rights of way and other matters described in the Declaration for Meadows North, c Planned Community, recorded on _ ___ __ 2008 at Reception No. ____________ (the 'Declaration ). Capitalized terms used on this Map but not defined herein, shall have the meaning set forth in the Declaration. 2) Article 6 of the Declaration sets forth the maintenance obligations with respect to a certain Common Wall and common Utilities and Drainage Structures. Further, Article 8 describes the easement, license and access rights with respect to maintaining and accessing such Common Wall and common Utilities and Drainage Structures. l Ai�lG� ,A��