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Home My WebLink AboutLand Use Case.562 Race St.0071.2007.ASLU-566 RACE ST 0071.2007.ASLU SUBDIVISION APP 2737 07 392 002 - . 0 6 CAV>026 97 S 7 -b .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0071.2007.ASLU PARCEL ID NUMBER 2737 07 392 002 PROJECTS ADDRESS 566 RACE ST PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION APP REPRESENTATIVE CHRISTOPHER LACROX DATE OF FINAL ACTION 12/21/2007 CLOSED BY Angela Scorey on 07/29/2009 .. ASPEN OFFICE AVON OFFICE 601 East Hyman Avenue GARFIELD & HECHT, P.C. 0070 Benchmark Road Aspen, Colorado 816[1 Post Office Box 5450 Telephone (970) 925-1936 ATTORNEYS AT LAW Avon, Colorado 81620 Facsimile (970) 925-3008 Telephone (970) 949-0707 Since 1975 GLENWOOD SPRINGS OFFICE Facsimile (970) 949-1810 The Denver Centre www.garfieldhecht.coin BASALI OFFICE 420 Seventh Street, Suite 100 River View Plaza Glenwood Springs, Colorado 81601 100 Elk Run Drive, Suite 22() Telephone (970) 947-1936 Basalt, Colorado 81621 Facsimile (970) 947-1937 November 30,2007 Telephone (970) 927-1936 Facsimile (970) 927-1939 Christopher J. LaCroix Aspen Office clacrobc@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 2, 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 2, 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: 566 Race Street, Aspen. Colorado 8161 NECEIVED EEC 2 3 2007 CITY OF ASPEN COMMUNITY DEVELOPMENT Â® Printed on recycled paper .. GARFIELD & HECHT, RC. Ms. Jennifer Phelan November 30,2007 Page 2 â€¢ Legal description of property: Lot 2, 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: 273707392002. Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the Fox Crossing Lot 2 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, GARF~E~ & HECHT, P.C. Christopher J. LaCroix Enclosures Copies to: Harris Cahn (via e-mail) Rick Crandall (via e-mail) .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY- OF ASPEN (hereinafter.CITY) and RY 0055;49 ~chwi, LEC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1 APPLICANT has submitted to CITY an application for Conjuinjum,mhoi ~ Lot- a, fix Cross, Aj 96Jivillovt (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 tile payment of all processing fees is a condition precedent to a determination of application completeness, 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an. initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY- staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determin*on of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 7D5-e- which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT FD< 0,2,79 ~ ~ fS:2,5-9-4 145 -4, PÂ«U, LLC By: Bv: Chris Bendon AÂ«Ch; AC CAA AA"15Â£/- Community Development Director Date: MN. 1,9 j Â£0010 Billing Address and Telephone Number: Required 601 2. Hopkils 02.0.2 Asqc,4 00%\LU q70,920.0004 C:\Documents and Settings\johannalir\Desktop\LUFeeAgree.doc .. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR'TITLE INSURANCE Issued by --stewart , title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"). for a valuable consideration, conimits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land deseibed or referred to in Schedule A. upon payment of the premiums and charges and compliance with the Requirements; all. subject to the provisions of Schedules A and B and to the Conditions of this Cornmitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault o f the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNES S WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: < 1 1 -stewart C.-->- L---+ title guaranty company ~ : , ''6 .... 1 . ./- Authorized Countersignature Senior Chairman of the Board Stewart Title of Colorado Inc. - Aspen ' (1~~ 4--21 1 LI 1 1 -- Division 620 East Hopkins Avenue E -* ~Chairman of the Board 141 â‚¬ Aspen, Colorado 81611 - (fÂ»* 10Â« Phone Number: (970) 925-3577 President ALTA Commitment (6/17/06) .. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and siich parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated iii Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters 11'hen the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy ofthe parties. You may review a copy of the arbitration rules at< http://-www. alta. org/>. -stewart Â·title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 21. 2007 at 8:00 a.In. Order No.: 44699-C4 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (Extended) $3.785,750.00 Proposed Insured: * Fox Crossing Aspen House G, LLC, a Delaware limited liability company. (b) A.L.TA. Loan (Extended) $3,028,600.00 Proposed Insured: *Bank Midwest, N.A,, its successors and/or assigns. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: Fox Crossing Partners, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: See "Exhibit A" attached hereto Purported Address: STATEMENT OF CHARGES 0566 Race St. These charges are due and payable Aspen, Colorado 81611 before a Policy can be issued: SEE STATEMENT OF CHARGES, ATTACHED HERETO Order No. 44699-C4 ALTA Commitment (6/17/06) - Schedule A --stewart Page 1 of 3 L--- title guaranty company .. EXHIBIT"A" Unit A, FOX CROSSING LOT 2 CONDOMINIUMS, according to the Condominium Map thereof recorded , 2007 in Plat Book _ at Page _ as Reception No. , and as defined and described in the Condominium Declaration for Fox Crossing Lot 2 Condominiums recorded , 2007 as Reception No. > County of Pitkin, State of Colorado Order No. 44699-C4 ALTA Commitment (6/17/06) - Schedule A r stewart Page 2 of 3 L-- title guaranty company .. STATEMENT OF CHARGES *SubDivider Rate Tax Certificate $ 20.00 Form 110.1 (Owners) $ 150.00 Owner's Policy $ 3,323.00 Premium Form 100 (Lender) $ 50.00 Lender's Policy $ 100.00 Premium Form 8.1 (Lender) $ 50.00 Form 115.1 (Lender- $ 601.00 CONDO) Form 110.1 (Lender) $ 75.00 Note: * Indicates changes from prior Commitment. Order Non 44699-04 ALTA Commitment (6/17/06) - Schedule A ustewart Page 3 of 3 tltle guaranty company .. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 44699-C4 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Partial Release of Deed of Trust dated June 15,2006, executed by Fox Crossing Partners: LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $41,000,000.00 in favor of Bank Midwest, N.A., recorded June 16,2006 as Reception No. 525324. 4. Partial Termination of Financing Statement from Fox Crossing Partners, debtors to Bank Midwest, N.A. secured party filed June 16, 2006 as Reception No.525330. 5. Partial Release of Deed of Trust dated June 20,20055 executed by Fox Crossing Partners LLC. to the Public Trustee ofPitkin County to secure an indebtedness in the amount of $1,600,000.00 in favor of Charles Shafer, II, recorded June 23,2005 as Reception No.511580. 6. Partial Release of Deed of Trust dated June 20,2005, executed by Fox Crossing Partners LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $1,800,000.00 in favor of Meridian Capital Group III, Inc., recorded June 23,2005 as Reception No.511581. 7. Partial Release of Deed of Trust dated September 20,2007. executed by Fox Crossing Partners, LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of 54,000,000.00 in favor of Bank Midwest, N.A., recorded September 25,2007 as Reception No.542384 and rerecorded October 53 2007 as Reception No. 542700. 8. Partial Termination of Financing Statement from Fox Crossing Partners, LLC3 debtors to Bank Midwest, N.A., secured party filed October 4,2007 as Reception No. 542686. 9. Plat of property depicting Unit A, Fox Crossing Lot 2 Condominiums, or other unit. 10. Evidence satisfactory to Stewart Title Guaranty Company. furnished by the Office ofthe Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). Order No.: 44699-C4 ALTA Commitment (6/17/06) - Schedule B 1 r stewart L-- title guaranty company Page 1 of 3 .. 11. A. Certificate of non-foreign status, duly executed by the seller(s). pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence ofthe seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding oftax from sales proceeds ifthe seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. 12. *The following is required with respect to Fox Crossing Aspen House G, LLC, a Delaware limited liability company: a. Satisfactory evidence furnished by the Secretary of State in which Articles were filed confirming that said Limited Liability Company is in good standing. (i.e.. Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b. Copy of the Articles of Organization of said Limited Liability Company. c. Copy of the Operating Agreement of said Limited Liability Company. NOTE: If any Managers are themselves partnerships trusts, limited liability companies or corporations, additional requirements will be necessary. 13. * Statement of Authority for Fox Crossing Aspen House G LLC, a Delaware limited liability company pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name ofthe entity; (b) The type of entity and the state, country. or other governmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumberine b, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority ofthe person named. 14. Duly executed Indemnity Agreement by Fox Crossing Partners, LLC, a Colorado limited liability company indemnifying Stewart Title o f Aspen: Inc. against any and all loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title). 15. Duly executed affidavit by the chief executive officer or general partner of RJW Builders, Inc. stating that: 1. They are the general contractor for all improvements constructed on the subject property. Order No. 44699-C4 ALTA Commitment (6/17/06) - Schedule B 1 -stewart Page 2 of 3 L---title guaranty company .. 2. All construction has been completed. 3. They have been paid in full. 4. All subcontractors and/or any parties which provided lienable services or materials for said construction project have been paid. 5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 16. Deed from vested owner, vesting fee simple title in purchaser(s). 17. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. Order No.: 44699-C4 stewart ALTA Commitment (6/1 7/06) - Schedule B 1 btle guaranty company Page 3 of 3 .. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number: 44699-C4 The policy or policies to be insured will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims ofparties in possession, not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation. or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien. or right to a lien. for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens. encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights. claims or title to water. 8. Any an all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy. fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 10. Ferms. conditions, obligations and provisions of Ordinance No. 57 (Series of 1988) An Ordinance Allnexing Territory to the City o f Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk on July 28, 1986: Commonly known as the 'tr,Williams Addition"" as set forth in instrument recorded January 6,1989 in Book 585 at Page 330 as Reception No. 308587 and as shown on Plat recorded February 6,1989 in Plat Book 22 at Page 15 as Reception No. 308586. Order No.: 44699-04 ALIA Commitment (6/17/06) - Schedule B 2 -stewart Pagc 1 of4 L--Â·Â·Â· title guaranty company . 11. Underground Right of Way Easement, fifteen (15) feet in width, granted unto Holy Cross Energy as set forth in instrument recorded August 17, 1999 as Reception No. 434513. 12. Right of Way for Lone Pine Road and Gibson Avenue. 13. Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado, Vacating Portions of the Walnut Avenue Right-0 f-Way Containing 1,050 Square Feet all within the City of Aspen, Pitkin County. Colorado, Ordinance No. 19 (Series o f 1993) as set forth in instrument recorded May 3, 1993 in Book 710 at Page 990 as Reception No. 356442 and re-recorded November 7, 1995 in Book 798 at Page 938 as Reception No. 387120. 14. Easements. rights of way and other matters as shown and contained on Plat of Griffith Property, LLC, Lot Split Subdivision Exemption and Condominium Plat recorded January 28,2003 in Plat Book 64 at Page 23 as Reception No. 477899. 15. Underground right of way Easement granted unto Holy Cross .Energy, a Colorado corporation as set forth iii instrument recorded November 7,2002 as Reception No. 474475. 16. Terms. conditions, obligations and provisions of An Ordinance of the City ofAspen City Council Approving a Subdivision Exemption Lot Split for Lots 1 and 2 of the Property to be known and Dedicated as the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County: Colorado. Ordinance No. 37 (Series of 2002) as set forth in instrument recorded December 5,2002 as Reception No. 475668. 17. Terms, conditions. obligations, provisions and easements of Trench, Conduit, and Vault Agreement between Griffith Property, LLC and Holy Cross Energy, a Colorado corporation as set forth in instrument recorded December 6,2002 as Reception No. 475736. 18. Terms, conditions. obligations, provisions and easements of Easement Agreement by and between The Griffith Property, LLC, a Colorado limited liability company and Walnut Property LLC, a Colorado limited liability company as set forth in instrument recorded November 13, 2003 as Reception No. 491104. 19. Any and all ores or minerals which may be had, mined or found within the surface boundaries of said granted premises so far as the same may or can be worked without interfering with the surface of said premisel as reserved in Deed recorded November 9,1901 in Book 142 at Page 496 as Reception No. 66468. 20. Terms. conditions, obligations, provisions and easements of City of Aspen Ordinance No. 52 (Series of 1988) as set forth in instrument recorded February 6, 1989 in Book 585 at Page 330 as Reception No. 308587; and on the Annexation Plat recorded in Plat Book 22 at Page 15 as Reception No. 308586. 21. Terms, conditions, obligations and provisions of City of Aspen, Water Service Agreement between the City of Aspen and Clourie Bennis as set forth in instrument recorded September 17, 1996 as Reception No. 397127. 22. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Order No.: 44699-C4 ALTA Commitment (6/17/06) - Schedule B 2 rstewart Page 2 of 4 - title guaranty company .. Commission (HPC) Approving an Application for -Major Development (Final) for the Property Located at 555 and 557 Walnut Street, Which are Described as Lots 2-5, Block 3, Williams's Addition to the City and Townsite of Aspen, Colorado, Resolution No. 15, Series of 2005 as set forth in instrument recorded May 26,2005 as Reception No. 510584. 23. Easements. rights ofway and other matters as shown and contained on Plat of Fox Crossing Subdivision recorded June 20, 20005 in Plat Book 74 at Page 17 as Reception No. 511410. 24. Teims, conditions, obligations and provisions of Subdivision A.greement for Fox Crossing Subdivision as set forth in instrument recorded June 20,2005 as Reception Nlo. 511411. 25. Terms, conditions, obligations and provisions of Agreement by and between Walnut Property, LLC and the City of Aspen as set forth in instrument recorded June 20,2005 as Reception No. 511425. 26. Terms, conditions, obligations and provisions of Ordinance No. 50 (Series of 2004) An Ordinance ofthe City of Aspen City Council, Approving Three Growth Management Quota System Exemptions, Vacation of a Portion of Race Street. and a Fourteen Lot Subdivisions to be Known as the Fox Crossing Subdivision on Land Located between Lone Pine Road and Race Alley between Walnut Street and Race Street, 557 Race Alley and Vicinity, City of Aspen. Pitkin County. Colorado as set forth in instrument recorded June 20. 2005 as Reception No. 511408, 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 Deferral Agreement, as set forth in instrument recorded June 14,2006 as Reception No. 525211, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded June 20,2006 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 Agreement. as set forth in instrument recorded June 20,2006 as Reception No. 525491, AND, Affordable Housing Impact Fee Deferral Agreement. as set forth in instrument recorded January 11,2007 as Reception No. 533253, AND. Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded February 7, 2007 as Reception No. 534231, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded February 7,2007 as Reception No. 534233, AND, Affordable Housing Impact Fee Deferral Agreement, as set 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. 534231, AND, Affordable Housing Impact Fee Deferral Agreement, as set 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. and Affordable Housing impact Fee Deferral 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 and easements o f Revocable Encroachment License as set forth in instrument recorded June 20,2005 as Reception No. 511409. 28. Terms, conditions, obligations and provisions of Deed Restrictions by Fox Crossing Partners, LLC. a Colorado limited liability company for the benefit ofthe City of Aspen, Colorado as set forth in instruments recorded December 22,2005 as Reception No.'s 518771,518772: 518773, and recorded February 2,2006 as Reception No.'s 520463,520464.520465,520466,520467 and Order No. 44699-C4 ALTA Commitment (6/17/06) - Schedule B 2 -stewart Page 3 of 4 L--- title guaranty company .. 520468. 29. Declaration of Utility Easements by Fox Crossing Partners LLC recorded September 26,2007 as Reception No. 542422. 30. All matters shown on the plat for Unit G Fox Crossing Lot 2 Condominiums recorded Exceptions 1 and 4 may be deleted from the final owner's policy, provided that the seller(s) and purchaser(s) execute the Company' s affidavits, as required herein: and the Company approves such deletions. Exceptions 2 and 3 may be deleted from the final owner' s policy, provided that the Company receives and approves the herein required survey/ILC. Exception 5 will not appear on the final owner's policy, provided that the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recording of the transaction documents. Order No.: 44699-C4 ALTA Commitment (6/17/06) -- Schedule B 2 -stewart Page 4 of 4 L-- title guaranty company .. DISCLOSURES Order Number: 44699-C4 b Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district: B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer' s authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder. or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado Inc. - Aspen Division conducts the closing of the insured h-ansaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: A ffirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion o f Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A ofthis Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction. improvements or major repairs undertaken oIl the property to be purchased, within six months prior to the Date of the Commitment the requirements to obtain coverage for unrecorded lines will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination ofthe aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantia] likelihood that a third party holds some or all interest in oil. gas, other minerals, or ,geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order No. 44699-C4 Stewart Title of Colorado Inc. - Aspen Division Disclosures .. EXHIBIT 2 Stewart Title of Colorado Inc. - Aspen Division. PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado Inc. - Aspen Division. We may collect nonpublic personal information about you from the following sources: â€¢ Information we receive from you, such as on applications or other forms. â€¢ Information about your transactions we secure from our files, or from our affiliates or others. â€¢ Information we receive from a consumer reporting agency. â€¢ Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have j oint marketing agreements: â€¢ Financial service providers such as companies engaged in banking, consumer finance. securities and insurance. â€¢ Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL DIFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical. electronic. and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 44699-C4 Stewart Title of Colorado Inc. - Aspen Divisjon Privacy Policy Notice Page 1 of 1 EXHIBIT 1 Stewart Title Guaranty Company PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: â€¢ Information we receive from you. such as on applications or other forms. â€¢ Information about your transactions we secure from our files, or from our affiliates or others. â€¢ Information we receive from a consumer reporting agency. â€¢ Information that we receive from others involved in your transaction. such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about ow- customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: â€¢ Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. â€¢ Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 44699-C4 Stewart Title of Colorado Inc. - Aspen Division Privacy Policy Notice Page 1 of 1 0 0 . . . . . . - EX. AREA OF RACE STREET Condominium Mcip of ~-- ROADWAY AGREEMENT Asphalt Surface 34' RIGHT-OF-WAY Fox Crossing Lot 2 Condominiums G. C.E. Curb Line (typ) The purpose of this map is to show the condominiumized ownership of Unit A and Unit B of Fox Crossing Lot 2 Condominiums (formerly Lot 2, Fox Crossing Subdivision). J- 889Â°20'00"E (Hatc/~~ed Area) 125.00' ~ Y 152/62: 78 11 / Window 6' UTILITY EASEMENT 141 // ' CED Bank Midwest, N.A., be/Â»g the beneficiary of that certain Deed of Trust dated June 15, Certificate of Ownership and Submission to Condominium Ownership t UENHOLDER CONSENT 2.u' 5.0- /Well (TYP) 2006 and recorded June 16, 2006 as Reception No. 525324 and that certain Deed of Trust dated - -m sidewalk ----li~ 1.0 1--Â»-1.09 September 20, 2007 and recorded September 25, 2007 as Reception No. 542384 and rerecorded Know all men by these presents that the undersigned, being sole owners, O 1 October 5, 2007 os Reception No. 542700, which Deeds of Trust encumber the real property mortgagees, or lien holders of all that real property situated in the City of Aspen, -C 1 Pitkin County, Colorado, said real property being more particularly described as follows: lur *V 00 -O shown hereon, hereby consents to and approves the filing of this Map and the Declaration in \ accordance with the covenants, reservations, easements, obligations and conditions appearing 1-1 StOne 1-13 ~:>A~/ ~Â«'1 Ll 7 00 43Â« i L25 L C.0 \ hereon ond therein and agrees that said Deeds of Trust shall be subordinate to this Map and the Lot 2, Fox Crossing Subdivision, according to the plat recorded June 20, 2005 in Plat Book 74 Stone Dedorotion. *r -19+ T ry, Executed this doy of , 2007. at Page 17 as Reception No. 511410. A City of Aspen, County of Pitkin, State of Colorado. U lu--1 21]fol== UNIT Bi 1//,/ N - Covered 1-3 3,7695 SE,FT, Stone Print Name: Bank Midwest, N.A. That said owners have caused the said real property to be laid out, condominiumized, and surveyed as Units A and B, Fox Crossing, Lot 2 Comdonimiums, Ry o part of Pitkin County, Colorado. /1 i Title. E 1 0-09 LACRES* N CE/7 3 00 That said owners do hereby submit said real property together with all improvements, Porch E ~ /9 3,733 SQ,FT, L23 oppurtenences, and facilities hereto and now or hereafter thereon, to condominium ownership -1 -1 0,09 ACRES* 9 SM E OF same may be amended from tkne to tkne, and hereby imposes upon a# the real property , under the Colorado common interest ownership act, C.R.S. 38-33.3-101 r )ss the terms, conditions, covenants, restrictions, easements, reservations, uses, limitations, and 1-5 Concrete Â¤ 0/fl/El Multi-Level Â« COUNTY OF ) obligations described in the condominium declaration for Multi-Level Entry 5 recorded in the real property records of Pitkin County, Colorado on - The foregoing Lienholder Consent was acknowledged before me this ____ day of 2007. as Reception No.____(the Declarations) 40 wood frame wood frame 2007, by (nome) as (title). of Bank together with any other amendments or supplements thereto, which % / Midwest, NA Declaration shall be deemed to run with the red property and shall be a 9 construction.u /{ 1 construction gil Concrete Drive O burden and a benefit to said owners, their successors, assigns, and any person acquiring or L11 WITNESS my hand and official sect. owning an interest in the real property, their grantees, successors, heirs, personal i 0562 Race ~' representatives, executors, administrators, devisees, or assigns. 0566 Race Street ~ - , My Commission expires: Street lk_~ L19 Ff Executed this day of , A.D. 2007. o Notary Public 4 \(39 0 4 LOÂ» 2 %1 C\,1 0 Fox Crossing Partners, LLC -1 By: Alpine Capital Partners, LLC, its manager /17 L21 By: LIENHOLDER CONSENT ~6Â·6crete Drive /62.78' eleÂ« 62.22' CO and recorded June 23, 2005 as Reception No. 511 580, which Deed of Trust encumbers the real / Charles Shafer, 11 being the beneficiary of that certain Deed of Trust dated June 20, 2005 Harris A. Cahn, Manager r ; property shown hereon, hereby consents to and approves the filing of this Map and the Declaration in accordance with the covenants, reservations, easements, obligations and STATE OF COLORADO ) N189Â°20'00"W 1~ 125.00' Executed this doy of . 2007. The foregoing dedication was acknowledged before me conditions appearing hereon and therein and agrees that said Deed of Trust shall be subordinate COUNTY OF PITKIN )SS. to this Map and the Declaration. this day of . 2007. Window Well (TYP) G. C.E. Charles Shafer 11 by: Harris A. Cohn, Manager of Atpine Capital (Hatch ed Area) STATE OF ) Partners, LLC, Manager of Fox Crossing Partners, LLC )SS COUNTY OF ) My Comm ission expires Witness my hand and seal The foregoing Lienholder Consent was acknowledged before me this ____ day of Legend and Notes : 2007, by Charles Shafer, 11. * Notary Public 8 lindicates found monument as described. Â· a WITNESS rmy hand and official seal. Â® Indicates set no. 5 rebar with red plastic cap L.S. #33638. My Commission expires: CohmÂ·unitÂ¥-.1181Â£1*ment Engineer's Certificate n_ Notary Public 1. Bearings are based upon a rebar with plastic cop L.S. #13166 C.--/23 1 , Cemfnenity--Wegampment Engineer for the City found at the northwesterly corner of Lot 13 and c rebar with a of Aspen, Colorado, do hereby approve this plat to be recorded in the office of the Clerk plastic cap (illegible) found at o northerly angle point of Lot 8 using o and Recorder of Pitkin County, Colorado, this day of , 2007. GRAPHIC SCALE bearing of S89*20'00"E between the two described monuments. UENHOLDER CONSENT Meridian Capital Group 111, Inc., a Delaware corporation, being the beneficiary of that Ry b/Lip,;6$ 2. This property is subject to the easements and restrictions shown and/ or certain Deed of Trust dated June 20, 2005 and recorded June 23, 2005 as Reception No. 511581, ' 40 noted in the records of the Pitkin County Clerk and Recorder. which Deed of Trust encumbers the real property shown hereon, hereby consents to and t-Engineer approves the filing of this Map and the Declaration in accordance with the covenants, 3. Any alteration, change, expansion, or modification of any structure in this reservations, easements, obligations and conditions appearing hereon and therein and agrees that Community Development Director's ADDroval ( IN FEET ) 1 inch = 10 condominium community may require the approval of the City of Aspen. said Deed of Trust shelli be subordinate to this Map and the Declaration. ft This Plat was approved by the Community Development Director of the City of Aspen, Executed this doy of , 2007. Meridian Capitd Group 111, Inc., a Delaware corporation Colorado, signed this day of , 2007 4. This property is subject to the exceptions listed in the Title Commitment Bw 5. The creation of this condominium community, while valid under Colorado law Camilla S. Auger, President Vicinity Map 1 "=1000' to create the condominium units and common areas shown hereon, does not Community Development Director i /Woodluckln - 4 constitute a subdivison of land pursuant to the Ritkin-Goonty Land Use Code. STATE OF ) i r- 1 Gillespie St l Cif~'34-42~ )Ss litie Certificate COUNTY OF ) 1, , the undersigned, a duly-authorized representative f *o 4 2--- L 4 #' St)(11(1 St LINE TABLE of Stewart Title of Colorado-Aspen Division, do hereby certify that I have , &Â»u /0, %'9=44<l~ 0 777e forego#?g Lieriholder Consent was acknowledged before me this ____ day of examined the title to all lands herein dedicated and shown on this plat and CF' 0 LINE LENGTH BEARING 2007, by Camilla S. Auger, President of Meridian Copital Group Ill, Inc., a Delaware that title to such lands is in the dedicator free and clear of all liens, taxes, corporation. *$ 4 Rid Flip 16 % 4 4 Ll 15,80 N89*20'07'W and encumbrances, except as shown hereon. 0,10 9 11,29 SOOÂ°54'23'W WITNESS my hand and official seal. m c.-r , 4 :44.93 ,Â· 5 L2 4 r .10 4 4 4.,1 PO * AW L3 1,45 N89*19'55"W My Commission expires: Dated this day of A.D. 2007. , An'&$0 0 FS ~4 ~~ 2~"~ ~ Nf~~**15~~53.#{ ~~0 L4 8,83 SOOÂ°40'05'W 4 choo ' Vi tor :. Notary Public By: f ./. 1 0 \\ 4 3,4mp 0 le.0.Ao â€¢G>). 44 6 0 C i rary / .c,Ct, 4 L 6 23,57 SOO*49'14'W Title Examiner 44 1 0 Ic f, LB 26,19 N01*20'21'E Surveyor's Certificate ~011 . L9 12,20 S89*53'17'E 1, JEFFREY ALLEN TUTTLE, do hereby certify that I am a Registered Land Surveyor, Llo 16,42 SOO*02'56'W Clerk gni Recorder's L_ licensed under the laws of the State of Colorado, that this Condominium Map of 4 h,* Ell 16,64 S89*19'42'E ~~ f~V- ~~~~ Fox Crossing Lot 2 Condom/hiums fully and accurately depicts the knprovements, includi>ig the This Plat is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, 0,4 4 L12 33,99 NOO'41'15" E condominium units and the common ownership areas, and identifies location, layout, Colorado, this day of , 2007, Plat Book , on Page G ' 4 L13 16,98 N89Â°20'13'W dimension and boundaries; that such map was prepared subsequent to and Reception no 1 Â° 9,27 SOO'13'36'W substantial completion of the improvements; and that such map complies with and contains all of the information required by C.R.S. 38-33.3-209 and all other statutes and py 1 2. C. Bjl L15 13,10 N89Â°04'08'W Clerk and Recorder 1 L16 9,21 NOOÂ°16'02'E ~ such map was prepared from rin ortuaL_monumented land survey of the property corner S# s **44 r regulations applicable to maps of condominium common interest subdivision, and that ti e ci i \ 08' a < R.er.4,0 L17 17,10 N89*19'55'W 1\ monuments,-*z#cfEEIGkd-emt â€žr,Apr-mx._s#reepervision-and- checking_that -it--is-.__. Ml - L18 36,42 SOO*39'47'W ~ curFEE-6- the best of my knowledge and belie- Sf - L19 16,20 S89*19'22"E ~ This survey does not represent a title search-b-f--Tuttle Surveying Services, L.L.C. to determine i :4 Il '.4 L20 6,46 SOO*38'02'W ownership or easements of record. All information shown hereori regarding ownership, . 1 easements, and other encumbrances of record has been taken from the 4 $ r L 21 20,83 S89*19'55'E ' L22 25,38 N01Â°42'10'E dated November 21, 2007 as Case No, 44699-(4, In witness thereof, I have set my hand and seal Commitment for Title Insurance issued by Stewart Title of Colorado Inc.- Aspen Division L23 9,70 S89'19'55'E ; i JE this day of , A.D. 2007. L24 17,50 N00*40'05'E 4 25 Aspen L25 16,00 N89*19'55'W L26 11.70 SOOÂ°40'05'W i ail* i Jeffrey Allen Tuttle, L.S.33638 L27 14,10 N89*19'55'W L28 11.70 NOOÂ°40'05'E Notice.Â· According to Colorado law, you must commence TUTTLE SURVEYING SERVICES Condominiu,m, Map of Units A&B Drown by: any tegcu aotion based upon any defect in 226 Heather Lane JT this survey withlh three years after you Aist discover suoh. defect. In no eved may Glenwood Springs, Colorado 81601 any Legat action based wpon any defect in Fox Crossing Lot 2 Condo?niniurns Date: 11/28/07 this survey be commenced mon then ten years (970) 928-9708 (FAX 947-9007) Fox Crossing, Lot 2 Condominiums from the date./ the certifâ‚¬ochon shown >~s-us.com . . e . A~ n, Colorado 81611 ~ 6' UTILITY EASEMENT N100Â°40 . . . 0 . . . 4/ j \41 WK %9\ p~ 41 t L Â¢ 1 , ........ . . . . . . 0 . N-- - EX. AREA OF RACE STREET Condominium Map of ~-- ROADWAY AGREEMENT Asphalt Surface 34' RIGHT-OF-WAY Fox Crossing Lot 2 Condominiums G.C.E Curb Line (typ) The purpose of this map is to show the condominiumized ownership of CD - 689Â°20'00"E (Hatjhed Area>) 125.00' ~ u Unit A and Unit B of Fox Crossing Lot 2 Condominiums (formerly Lot 2, Fox Crossing Subdivision). 0 Le i~41.78 Il / Window 6' UTILITY EASEMENT ~~'~~ /Well (Irm (23 Bank Midwest, N.A., be/>72 the beneficiary of that certo,77 Dead of Trust dated June 15 Certificate of Ownership ond Submission to Condominium Ownership i _ f/ sidewalk -----li~ 1.0 1-*LL-1.0 7 0 - September 20, 2007 and recorded September 25, 2007 as Reception No. 542384 and rerecorded 2006 and recorded June 16, 2006 as Reception No. 525324 and that certain Deed of Trust dated Know all men by these presents that the undersigned, being sole owners, mortgagees, or lien holders of all that real property situated in the City of Aspen, G V /P, dv October 5, 2007 as Reception No. 542700, which Deeds of Trust encumber the real property Pitkin County, Colorado, said real property being more particularly described as follows: C Ll/) 0 0 0 CD 1 shown hereon, hereby consents to and approves the ming of this Map and the Declaration />7 Ll Stone L13 .// ocu 421 cd i \ accordance with the covenonts, reservations, eosements, obligations and conditions appearing L17 L25 L CO hereon and therein and agrees that said Deeds of Trust shall be subordinate to this Map and the Lot 2, Fox Crossing Subdivision, according to the plat recorded June 20, 2005 in Plat Book 74 --Covered Units A and B, Fox Crossing, Lot 2 Comdonimiums, Declaration. 3 Executed this _______ day of , 2007. at Page 17 as Reception No. 511410. 0-31% A 04 091 8 1 Stone 11 /, City of Aspen, County of Pitkin, State of Colorado. Bank Midwest, N.A. That said owners have caused the said real property to be laid out, condominiumized, and surveyed as 0 3,76~75 SQ,FT, Stone Print Name: 1 o port of Pitkin County, Colorado. E 1 0,09 LACRES+ r-~h 1 00 Title: r -1 E 0// -1 L23 appurtenences, and facilities hereto and now or hereafter thereon, to condominium ownership 3,733 SQ,FT, Porch That said owners do hereby submit said real property together with all improvements, 54 0-W j , ~-u =& 6 Concrete o 0 .,\ rl Multi-Level 13* under the Colorado common interest ownership act, C.R.S. 38-33.3-101 r 0,09 ACRES* v ST E- OF 2 somemaybe amended momt,me to time, and hereby />nposes upon o# the real Property )ss the terms, conditions, covenants, restrictions, easements, reservations, uses, limitations, and L 1-2, - Multi-Level Entry 5 CO/):0 The foregoing Lienholder Consent was acknowledged before me this ____ day of 2007. as Reception No.____(the Declarations) COUNTY OF ) obligations described in the condominium declaration for recorded in the real property records of Pitkin County, Colorado on 40 wood frame wood frame Midwest, NA Declaration shall be deemed to run with the red property and shall be a 2007, by (name,0 as (title). of Bank together with any other amendments or supplements thereto, which 4- s construction~ construction ~Concrete Drive 0 1-11 0566 Race Street ~1 WITNESS my hand and official seal. owning an interest in the real property, their grantees, successors, heirs, personal burden and a benefit to said owners, their successors, assigns, and any person acquiring or 0562 Race My Commission expires: representatives, executors, administrators, devisees, or assigns. ~ i \\ 8/60 p IL-11 /94 2 L19 Executed this day of , A.D. 2007. Street o Notary Public Fox Crossing Partners, LLC M 0 -1 By: Alpine Capital Partners, LLC, its manager ~JU i By: L21 UENHOLDER CONSENT Concrete Drive /62.78; .. 62.22' and recorded June 23, 2005 as Reception No. 511580, which Deed of Trust encumbers the real , Charles Shafer. U being the beneficiary of that certain Deed of Trust dated June 20, 2005 Harris A. Cahn, Manager property shown hereon, hereby consents to and approves the filing of this Map and the Declaration in accordance with the covenants, reservations, easements, obligations and STATE OF COLORADO ) /h189Â°20'00"W ~ 125.00' i Executed this __---_ day of , 2007. The foregoing dedication was acknowledged before me conditions appearing hereon and therein and agrees that said Deed of Trust shall be subordinate COUNTY OF PITKIN )SS. to this Map and the Declaration. this day of . 2007. Window Well (TYP) ~ Charles Shafer 11 by: Harris A. Cohn, Manager of Alpine Capital (Hatched Area) STATE OF ) Partners, LLC, Manager of Fox Crossing Partners, LLC )SS COUNTY OF ) My Commission expires Witness my hand and seal The foregoing Lienholder Consent was acknowledged before me this ____ day of Legend ond Notes : 2007, by Charles Shafer, 11. Notary Public S Indicates found monument as described. WITNESS my hond and official seal. Â® Indicates set no. 5 rebar with red plastic cap L.S. #33638. ' My Commission expires: Community Development Engineer's Certificate Notary Public 1. Bearings are based upon a rebor with plastic cop L.S. #13166 4 , Community Development Engineer for the City found at the northwesterly corner of Lot 13 and a rebar with a of Aspen, Colorado, do hereby approve this plat to be recorded in the office of the Clerk plastic cap (illegible) found at a northerly angle point of Lot 8 using c and Recorder of Pitkin County, Colorado, this day of , 2007. bearing of 589*20'00"E between the two described monuments. UENHOLDER CONSENT GRAPHIC SCALE Meridian Capital Group Ill, Inc., a Delaware corporation, being the beneficiary of that t? 1/1 b.,A-Villi 2. This property is subject to the easements and restrictions shown and/ or certain Deed of Trust dated June 20, 2005 and recorded June 23, 2005 as Reception No. 511581, noted in the records of the Pitkin County Clerk and Recorder. which Deed of Trust encumbers the real property shown hereon, hereby consents to and Community Development Engineer approves the filing of this Map and the Declaration in accordance with the covenants, 3. Any alteration, changes expansion, or modification of any structure in this reservations, easements, obligations and conditions appearing hereon and therein and agrees that Community Development Director's ADDroval ( IN FEET ) 1 inch = 10 condominium community may require the approval of the City of Aspen. said Deed of Trust shelli be subordinate to this Map and the Declaration. ft. Executed this day of , 2007. This Plat was approved by the Community Development Director of the City of Aspen, Meridian Capital Group Ill, Inc., a Delaware corporation Colorado, signed this day of , 2007. 4. This property is subject to the exceptions listed in the Title Commitment Rv: 5. The creation of this condominium community, while valid under Colorado law Camilla S. Auger, President Vicinity Map 1"=1000' to create the condominium units and common areas shown hereon, does not Community Development Director \ /wagouuck 4 constitute a subdivison of land pursuant to the Pitkin County Land Use Code. STATE OF ) Gillespie St ~-- R )33 Title Certificate r COUNTY OF ) 1, , the undersigned, a duly-authorized representative :;4 1=r Sprug, St LINE TABLE of Stewart Title of Colorado-Aspen Division, do hereby certify that I have 4p = 0 The foregoing Lienholder Consent was acknowledged before me this ____ day of examined the title to all lands herein dedicated and shown on this plat and 1 1Â¢ 4 - LINE LENGTH BEARING 2007, by Comilic S. Auger, President of Meridian Capital Group Ill, Inc., a Delaware that title to such lands is in the dedicator free and clear of all liens, taxes, corporation. U. s H toi 04 , I MT Ll 1580 N89*20'07'W and encumbrances, except as shown hereon. mi. 1 L 2 111 29 SOOÂ°54'23'W WITNESS my hand and official seal. Clat'r r# 4 â€¢ ~ 104 (22~ 3,1 â€¢ a 1,45 N89*19'55"W My Commission expires: Dated this day of A.D. 2007. 4.. . *MusÂ« 4 4 ' L4 8,83 SOOÂ°40'05'W A châ€¢o C= Vi to f L6 23.57 SOOÂ°49'14'W Notary Public By: L5 2,71 N89*19'55'W 1 b rely / Scycl, Title Examiner .k. 21 0. L7 20,81 S88*50'33'E ICabitho , , 0 4, 44 7< L8 26,19 N01*20'21'E , C ter *B L 9 12,20 589*53'17'E Surveyor's Certificate 4 1 4 zi# 44 Masc~ L10 16,42 SOO*02'56'W Clerk gni Recorder's 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 2 Â· L11 16,64 S89*19'42'E Fox Crossing Lot 2 Condominiums fully and accurately depicts the improvements, including the This Plat is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, I . 0.4.-4 L12 33,99 NOO'41'15'E condominium units and the common ownership areas, and identifies location, layout, Colorado, this day of , 2007, Plat Book , on Page 4 4 i . L13 16,98 N89Â°20'13'W dimension and boundaries; that such map was prepared subsequent to and Reception no substantial completion of the improvements; and that such map complies with and G#,b,~1 Sf. St i L14 9,27 SOOÂ°13'36'W S contains all of the information required by C.R.S.38-33.3-209 and all other statutes and By : e *1 1 + L15 13,10 N89Â°04'08'W regulations applicable to maps of condominium common interest subdivision, and that Clerk and Recorder L16 9,21 NOOÂ°16'02'E such map was prepared from an actual monumented land survey of the property corner '_17 17,10 N89*19'55"W monuments, both found and set, under my direct supervision and checking that it is *i L18 36,42 SOO*39'47"W correct to the best of my knowledge and belief. 3: f i xx r a. L20 6,46 SOOÂ°38'02"W ownership or easements of record. All information shown hereon regarding ownership, 6 XÂ° Ll L19 16,20 S89Â°19'22'E This survey does not represent a title search by Tuttle Surveying Services, L.L.C. to determine easements, and other encumbrances of record has been taken from the /i L21 20,83 S89*19'55'E 1 Commitment for Title Insurance issued by Stewart Title of Colorado Inc.- Aspen Division 4 â‚¬5 . ' L22 25,38 N01'42'10'E dated November 21, 2007 as Case No. 44699-(4.In witness thereof, I have set my hand and seal L23 9,70 S89Â°19'55'E 1 this day of , A.D. 2007. L24 17,50 N00Â°40'05'E \, k 16,00 N89*19'55'W A,pen W :i.F L26 11,70 SOOÂ°40'05'W 14,10 N89*19'55'W Jeffrey Allen Tuttle, L.S.33638 1 .1, L28 11,70 N00*40'05'E Notice: Accordi;ng to Cotorado law, you must commence TUTTLE SURVEYING SERVICES Condontiniurn Mctp Of Drawn by. any tega: achon based *on any defect in 226 Heather Lane Units A&B JT this survey within three years after you A,Â·st dhoover such defect In no event may Glenwood Springs. Colorado 81601 Â· FOX Crossing Lot 2 Condo7711,71â‚¬urns Date: 11/28/07 any legal action based upon any defect in this su, vey be oommensed more than ten years (970) 928-9708 (FAX 947-9007) , 41 nom the date of thâ€¢ cm-tification shown Fox Crossing, Lot 2 Condominiums Jeff@tss-us.com Aszlen, Colorado 81611 1. . . . . 6' UTILITY ASEMENT .. - j'al :ile Edit Record Navigate Fern Reports Format Tab telp 2 4 ' '/ 5 9 6 17 -3 6,1. 14 4 'ZE El A **p i C <0 U *, ? Â£191 R J a. â€¢ 1 - I) Man Custom Fjdds Maluation Palcels 6ctions Fee SummalÂ¥ Sub termits Londitions Routing k!,stoly Fee; Pefrrd Type ~ Permit 11 ~0071.2007.ASLU Addiess 0566 RACE ST 11 Apt/Sdel Cil, ~ASPEN State [E-~3 Zip ~# 1 P.mit Infolmation Mastel Pe,mit I .13 Routing Queue 1=F Applied it 2%3#2&3-13 Proiect $ 3 Statusipending Appioved ~--- _1 DescÂ®tion~APPLICATION FOR SUBDIVISION/CONDOMINIUMIZATION Issued r----1 Final -2 Submitted ~CHRISTOPHER LACROIX Clock ~AGJ;Ig- Days [--0 Expiles Fi/27)2111 Owner Last Name |FOX CRO55ING PARTIâ‚¬RS I _ ~ First Name | 601 E HOPKINS ASPEN CO 81611 Phone ~[970] 920-0007 - - 9 Owner Is Applicant? Apr'~ Last Name |FOX CROSSING PARTNERS 1 -~ F~st N ame | |601 E HOPKINS - r ~ASPEN CO 81611 Phone ~[970] 920Â·0007 Cust# 227710 Lender Last Name | 1] First Name I Phone ~ ntel :ne perrnit type code AspenGold{b) -% Recoid 3 013 Â»- c.wa A 2 Â·5-D 1~1 07 No 04â‚¬9 ((ult "PN yolnD mqwl sano,9/1 - ~~~rmils