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coa.lu.ex.798 Gibsons 0008.2009
798 -800 GIBSON 4 0008.2009.ASLU SUB EXEMPT COND 2737 073 35 001 i E ti i THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0008.2009.ASLU 2737 07 3 35 001 798 GIBSON AVE DREW ALEXANDER SUB EXEMPT COND CENTURION PARTNERS 3.4.10 CLOSED BY ANGELA SCOREY ON: 5.20.10 2'�3� - 0�3_ icnog • • A-S L--" C� r'_I1IJJLJ Am �(� File Edit Record Navigate Form Reports Format Tab Help Main Valuation Custom Fields Actions Fees Parcels Fee Summary Sub Permits Attachments Routing Status Routing 4 ► Permit Type aslu Aspen Land Use Permit # I0008,2009.ASLU Address 798 GIBSON AVE Apt f Suite r o° City JA5PEN State CO Zip 81611 .X P—mit Information Master Permit J Routing Queue aslu07 Applied 040312009 J Project _ Status pending Approved F—A i Description ASPEN VIEW RESIDENCES CONDOMINIUM Issued it i i Final Submitted KRYSTAL ENGLAND 544 8336 Clock[Running Days[ 0 Expires 0 j29(2010 J Owner Last Name ICENTURION PARTNERS, LL( First Name �300 S SPRING ST Phone (949) 250-8800 SUITE 3 ASPEN COC81611 Owner Is Applicant? Applicant Last Name CENTURION PARTNERS, LL( J First Name 300 5 SPRING ST Phone (949) 250-8800 Cust # '28506 I SUITE 3 ASPEN CO 81611 I i C Lender Last Name ] First Name I I _ Phone Permit lenders full address C,Cz- -W l 4- 4 Z fair 3 S-- �� Z'5� t Record: 1 of 1 0 • THE CITY OF ASPEN Land Use Application Determination of Completeness Date: February 4, 2009 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 0009.2009.ASLU,798 & 800 Gibson. The planner assigned to this case is Andrea Hingley. ❑ 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. Thank You, nni 4Pkeln, Deputy Director City of Aspen, Community Development Department CADocuments and Settings\jennifep\My Documents\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc y RECEIVED CENTURION FEB 0 2 20pg PA RT N F R S CI I Y OF �,�s y COMMUNITY DEvt�;PMEN1 January 30, 2009 Mr. Drew Alexander City of Aspen Community Development Department Aspen, CO 81611 RE: Aspen View Residences Condominium Dear Drew: This letter shall serve to certify that Krystal England and John Sarpa are authorized to act on behalf of Centurion Partners GS LLC in matters related to the Aspen View Residences Condominium. Contact information for both Centurion Partners GS LLC and Krystal and John is as follows: 300 South Spring Street Aspen, CO 81611 970.544.8336 Ci John Sarpa'" Authorized Signatory Centurion Partners GS LLC 300 South Spring Street Suite 301 Aspen, CO, 81611 (970) 544-8336 0 • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT cF/ koreemew l'or Pavment of Cite of Aspen Development application Fees CITY OF ASPEN (hereinafter CITY) and (,eotwIL ow TA-tj uev CIS (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for �Ftil (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 $ i 35 which is for 3 -O 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 By: Chris Bendon Community Development Director 40t1W 2 A"A 30ih S. ScPrr,�v�3C fU.tTL+ 'iol AS Pure co nttoii 440. 5-4N. 833u 9 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 01/29/09 PROJECT: Aspen View Residences Condominium APPLICANT: Centurion Partners GS LLC REPRESENTATIVE: John Sarpa TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. As described by the Applicant's representative, Aspen View Residences is a property that contains multiple residential lots; one (1) duplex lot, and one (1) single family lot. 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 condominiumization 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. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 0 9 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. ATTACHMENT 2 -LAND USE APPLICATION *4FCk�7��� FFa ,. Name: A (Z E c-GS Cb-") oo-A i tj i um L Location: '} q _ pp ST (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 4 3 - 0 -4 S - $ S - oo I APPLICANT: Name: ClewTw_t ota ?Pea TIN ft'S CAS U-P_ Address: (l l0 0 0) ZL. (y 0 Phone #: Q,J q . 2S0 a 8 oo REPRESENTATIVE: Name: _Tu A N %"ZJ> � I K_Vt- 3 Au L4' e' c.AT" Address: 3 ou Sov-- tt sp, ' N!.3 CT 02w•TG 30l kksP&J C.o S t Lo l I Phone #: QUO. 514Lt . S'33 (G . TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ® Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) i A-GVk_a- - — PROPOSAL: (description of proposed buildings, uses, modifications, etc.) (La 0A&rAM\-nx.i ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: Have 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 (h � al) 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 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 14--1 0 Project: AsPew V t 1� o w YZx , �® �CU C.ra t Co n� D o r+ ti t W-'� ��/�/� �✓'i: z �? Applicant: GGfu11aR-�cry '7gylTNL�2i < s ��- Location: -44B - fioo G grly s-r Zone District: Lot Size: 12, ► 5 2 gF Lot Area: IS oft T tl It 19 9 S (for the purposes otcalculatilik Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: D Proposed: O Number of residential units: Existing: 2 Proposed: 2 Number of bedrooms: Existing: 8_Proposed: f3 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: f q2 Z-3 Allowable: 1324 Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: % Site coverage: Existing: 2,1'I, Required: % Open Space: Existing: 4 (, %. Required: Front Setback: Existing: Required: Rear Setback: Existing: Required.• Combined F/R: Existing: Side Setback: Existing: Side Setback: Existing: Combined Sides: Existing: Distance Between Existing Buildings Required: Required: Required. Required.• Required.• Existing non -conformities or encroachments: Variations requested: n Proposed: Proposed: Proposed: Proposed: Proposed. Proposed: Proposed: Proposed: Proposed.•_ Proposed.• 0 • Aspen View Residences Condominium Vicinity Map � � a •; ._ �����.-.�.-�e '.`R.� r �; may, \ f/ q fEt ©e+OOo ice\ "`�` � �;_ i .,r :�S! (� h ( � -' .•�i /l ��•._'-`� `l�I� /!%� � _- ;. f.- ; t''.•_✓�� _ r; _ i•. s� �_�_ `=L• (�1�t�f `mac 1.'%L �. 'S• � �+� � •�• •� \+;s-/� •_��( ri1•}�\•�i1 �-�.ar�`,j� � ,.�•�',�" � 1 " , .�` yqjy��a,•pea.LL����,,zt '' �Yl Vi • +! ' 11�` ' ..�'�l`,`�' `\\,+►�.+�? -' f �rL��!..�' � - \ \ � �� ,1 �. ail �I rt;��; \ 1! ��) ; 11i r � \ \,� `o. �•�"SF '� L�"�'iht� � � � . /. � \`, , \\ Z��'\ i • i ' L ti •a'.i \\ ,N a � )/ , / � t� I+ � � � � w � /' :.;_fit( � 'i\\ \.\\ ��•� V_ +I {,,: /�_ 4 !/ 11j� - l� j ,iy' ' ; � )�: ; l'�•:: • -- r ��. �i .� if'"`'' t :' � _: � :. ``,\`" , �� \\-- f - I ( , `I pp ), x �;,x� ..� ;;, tL'..\ `•�. + :ef✓• 1,, r%;�r., 4 ry1`�'j f "'.r,'� \-' ,y\ �.aa,;•``'+.,}y\\ .\\` N Og\ /'I �1 1 :!r 1 .i'r/ \ �,•.•1 /.. { �i-! I •J•• • k t. �� �i�;y\ ``•ma's r �`.. 1\� e yj/'��''%��rf ,ll/�; •�\`\`. .�_.- `?J 4�1�1 �!`tr ��- �'Y: ,Yt=�-`:��:� ,`c .. ' ,� �!rf�T_ �\ � \ \\\\\\+`. •rr I:./.- A'"•';r1 \+ � �/, '-_c"-• �'i ,h ��. _..,1 �,\�' ��� • _ -. J �•' `'tee �;�� )t t `t el\\I\ �_ .• •� � / 1 ``•• \ / � /1 � ��,'. \ \v. $ PS is - \\ \\t (•. • • l �` ` \) h' :! Irt� 7 / r� %fr't+� �k� \ rr;�l. �`:�� `/ � ,+\ 'ti,33L..-:5 a \ , \` \\\ r'I'�I;\ >%\\ . �i-,� ) )1 � 1II v j f .:� +. ♦ <. •d+L - fit+. \ � ' , \�, \ -�—Z •,.,,,� !A/'�l r,;,z., I I• 1. , I �;'�' /fir > \�t\�`', `�.\,\\11 �_ �\�\� 1� -� '�, \\,t,\. • • WHEN RECORDED RETURN TO: Name: Centurion Partners GS, LLC Address: c/o John Sarpa, 300 South Spring Street Aspen, CO 81.611 WARRANTYDEED THIS DEED, made this 8th day of September, 2005, between Gibson Avenue, LLC, a Colorado Limited Liability Company of the said County of Pitkin and State of Colorado, grantor, and Centurion Partners GS Manager, LLC , a Delaware Limited Liability Company whose legal address is c/o John Sarpa, 300 South Spring Street, Aspen, CO 81611 of the said County of Piticin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lots 1 and 2, SOUTH & GIBSON SUBDIVISION, according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797, (a' County of Pitkin, State of Colorado. also known by street and number as: 805 Gibson St., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the File Number: 44126-C4 Stewart Title orAspen, Inc. Warranty Deed — Photographic Record (Extended) Page I or2 E E grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS VHRZ ' the grantor has executed this deed on the date set forth above. By: William lehringer, Managing Member of Gibson Avenue, LLC, a Colorado Limited Liability-C-m STATE O F £-eloradv VA COUNTY OF P-1 Ein pgpa The foregoing instrument was acknowledged before me tlus Y Z_- day of ,by By: William Boehringer, Managing Member of Gibson Avenue, LLC, a Colorado l Limited Liability Company dd My commission expires Witness my hand and official seal. t u L SEA Notary Public: =;of L S. Kelty Ch OFFICIAL SM --- ---- - t: Madeleine S. PCre�r z j D.D.# 373390 Comma m SEAL Kelly '-' 0 3y73390 Fite Number: 44126-C4 Stewart Title or Aspen, Inc. Warranty Deed — Photographic Record (E.etcnded) Page 2 of CENTURION PARTNERS January 30, 2009 Mr. Drew Alexander City of Aspen Community Development Department Aspen, CO 81611 RE: Aspen View Residences Condominium Dear Drew: This letter shall serve to provide 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. Aspen View Residences consists of one detached duplex located on Lot 1, South and Gibson Subdivision. The First Amended Subdivision Improvements Agreement for South & Gibson Subdivision, as recorded April 25, 2006 as Reception No. 523321. Paragraph 5(l) recites that while Lot 1 cannot be further subdivided, it may be condominiumized into two detached dwelling units pursuant to CCIOA, and the City agrees to process for approval and recordation a Condominium Map of Lot 1 prepared in accordance with the Code and CCIOA. Additionally, this application meets the procedural requirements set forth in Section 26.480.090 of the Land Use Code. Centurion Partners GS LLC 300 South Spring Street Suite 301 Aspen, CO, 81611 (970) 544-8336 • . wYeT ILd i STI d e nsurame -corporation ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Tom Twitchell-tomt@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Samantha Sweeney-sams@sopris.net (general office assistance) Issued By ta_UUY Trdejnsurarwx Ciporartion Home Office: 5600 Cox Road Glen Allen, Va. 23060 B 1004-268 0 Pi 0 CONDOMINIUM MAP OF: ASPEN VIEW RESIDENCES CONDOMINIUM A CONDOMINIUM COMMON INTEREST COMMUNITY LOCATED IN LOT 1, SOUTH & GIBSON SUBDIVISION, SITUATED IN SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CERTIFICATE OF OWNERSHIP AND DEDICATION CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO KNOW ALL MEN BY THESE PRESENTS, THAT CENTURION PARTNERS GS, LLC. A DELAWARE LIMITED UABIUTY COMPANY, (HEREINAFTER 'DECLARANr), BEING THE OWNER IN FEE SIMPLE OF CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ASPEN. COUNTY OF PITKIN, STATE SHEET 1 OF 2 OF COLORADO, TO WIT: LOT 1. SOUTH & GIBSON SUBDIVISION, AS DESCRIBED ON THE FIRST AMENDED PUT OF LOTS 1 AND 2, SOUTH & GIBSON SUBDIVISION RECORDED APRIL 25. 2OD6 IN PLAT BOOK 78 AT PAGE 83 AS RECEPTION NO. 523322, IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO (THE 'PROPERTY'), HAS BY THESE PRESENTS CONDOMINIUMIZED SAID PROPERTY INTO UNITS A AND B AND CERTAIN APPURTENANT COMMON ELEMENTS, ASPEN VIEW RESIDENCES CONDOMINIUM, AS DEPICTED AND DESCRIBED HEREON. PURSUANT TO AND FOR THE PURPOSES SET FORTH N THE DECLARATION OF CONDOMINIUM FOR THE ASPEN MEW RESIDENCES CONDOMINIUM. RECORDED 2009 AS RECEPTION NO. _ (THE 'CONDOMINIUM DECLARATION'). DECLARANT: CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, B Y: JOHN SARPA, AUTHORIZED AGENT STATE OF COLORADO ) 55. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _- DAY OF 2009. BY JOHN SARPA AS AN AUTHORIZED AGENT OF CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILTY COMPANY MY COMMISSION EXPIRES: -- WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MORTGAGEE CONSENT CERTIFICATE THE UNDERSIGNED, BEING THE HOLDER OF LIENS ON THE PROPERTY PURSUANT TO DEEDS OF TRUST RECORDED AS RECEPTION NOS. 528486. 543390 AND 547718. RESPECTIVELY, IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM MAP, AND HEREBY SUBORDINATES THE LIENS OF SAID DEEDS OF TRUST TO THE MATTERS SET FORTH HEREIN DATED THIS - DAY OF 2009 MORTGAGEE* BY, STATE OF COLORADO ) ) SS COUNTY OF ) THE FOREGOING MORTGAGEE CONSENT CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS O__- - 2009. BY AS -__ OF MY COMMISSION EXPIRES _- WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC THIS CONDOMINIUM MAP OF ASPEN MEW RESIDENCES CONDOMINIUM WAS APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT THIS _ _ DAY OF 2009. COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM, SHOWN HEREON, WAS APPROVED BY THE ENGINEER OF THE CITY OF ASPEN THIS __ DAY OF - 2009. 2009. CITY OF ASPEN ENGINEER YAP NOTES SET FORTHASPEN MEW ON THE FIR T MENDED CES PLAT ISNIUM SUBJECT LOTS CIT TO AND 2, ANY SOUTH & GIBSONHTS OF WAY SUBDIM90N R CORDED APRIL 2OTHER 5. AS 2006 2006 AN 6E PLAT BOOK 75 AT PAGE GS AS RECEPTION N0. 523322 2) ASPEN MEW RESIDENCES CONDOMINIUM IS SUBJECT TO THE PROVISIONS OF ASPEN CITY COUNCIL ORDINANCE NO. 52 (SERIES OF 2DD5) RECORDED JANUARY 25. 20DO AS RECEPTION W. 520206 AND TO THE SURVIVING CGN017XWS OF APPROVAL SET FORM IN ASPEN CITY COUNCIL ORDINANCE 40. 111 (SERIES OF 2004). 3) ASPEN VIEW RESIDENCES CDNDCMINUM IS SUBJECT TO TNAT CERTAIN FIST AMENDED SUBDIVISION IMPROVEMENTS GR AEEMENT FOR SOUTH & GIBSON SUBDIVISION RECORDED MINI 25. 20M AS RECEPTON NO. 523MI. 4) ASPEN VIEW RESIDENCES CONDOMINIUM IS SUBJECT TO THE DECLARATION OF CONDOMINIUM FOR ASPEN MEW RESIDENCES CONDOMINIUM RECORDED _ 2009 AS RECEPTION NO. ____ 5) CONDOMINIUM CINIUM MAP DESCRIBES THE VERTICAL BOUNDARIES OF EACH CONDOMINIUM LIMIT. THE CONDOMINIUM LINTS DO NOT HAVE HORIZONTAL BOUNDARIES. EACH CONDOMINIUM UNIT SHALL ALSO INCLUDE ALL IMPROVEMENTS THAT ARE LOCATED IITHMN THE UNIT. B) ASPEN VIEW RESIDENCES CONDOMNAI IS SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN DECLARATION OF COMMON DRIVEWAY EASEMENT AND RESTRICTIVE COVENANTS FOR SOUTH & GIBSON SUBDIVISION RECORDED ___ 2009 AS RECEPTION NO. _ (THE 'DECLARATION OF COMMON DRIVEWAY EASEMENT). THE COMMON DRIVEWAY EASEMENT ESTARUSHEO BY SAID DECLARATION O COMMON OBVEWAY EASEMENT IS SHOWN AND NOTED HEREON. AND THE PORTION O SAID COMMON DRIVEWAY EASEMENT THAT IS LOCATED WITHIN ASPEN VIEW RESIDENCES CONDOMINIUM IS A GENERAL COMMON ELEMENT, AS MORE PARTICULARLY DEFINED N THE CONDOMINIUM DECLARATION. 7) TNIS CONDOMINIUM MAP OF ASPEN MEW RESDENCES CONDOMINIUM IS BEND EXECUTED AND RECORDED N ACCORDANCE WITH THE COI.ORAOO COMMON INTEREST OWNERSHIP ACT, SECTION 36-33.3-101 ET. MD OF THE COLORADO REVISED STATUTES. B) THE 'SITE TRIANGLE' SHOWN , AS SWN ON SHEET 2 IS REFERENCEDE INSHAL IN T PLATS NOTE 1 ABOVE. -THERE L BE NO STRUCTURE OR OR LANDSCAPING OVER THIRTY (30) INCHES TALL INSTALLED N THE SITE TRIANGLE DEPICTED HEREON. WHICH IS LOCATED THIRTY (3O) FEET WITHIN THE GIBSON AVENUE/SOUTH STREET INTOMECTIN.' CURRENT PITKIN COUNTY ASSESSOR MAPPING REFERS TO 'SOUTH AVE.' 9) THE CENTERLINE OF THE UNDERGROUND POWER UWE AS SOWN ON SHEET 2 WAS TAKEN FROM THE IMPROVEMENT SURVEY PREPARED BY ALINE SURVEYS (JOB ND. 91-41, DATED AUGUST 10, 2003). NO EASEMENT WAS REFERENCED INTHE TITLE WORK IN SURVEY NOTE NQ IOE 5 ABOVE OR 7HE ABOVE YENID IMPROVEMENT SURVEY. SHEET INDEX SHEET 1 - CERTIFICATES, MAP NOTES, SURVEY NOTES, CONTROL AND UNIT LAYOUT SHEET 2 - EASEMENTS, EXISTING CONDITIONS AND COMMON ELEMENT LAYOUT SURVEY NOTES 1) DATE OF SURVEY: AUGUST 17. AND NOVEMBER 13, 2007. 2) DATE OF PREPARATION: AUGUST - DECEMBER, 2007. JANUARY AND JULY, 2008 3) BASIS OF BEARING: A BEARING OF S 15'01'18' E FROM A FOUND METAL DISC IN CONCRETE (LS 230,90) MONUMENTING THE NORTHWESTERLY CORNER OF LOT 1, AND A FOUND METAL DISC IN CONCRETE (LS. 23090) MONUMENTING THE SOUTHERLY CORNER OF LOT 2- AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY: THE FIRST AMENDED PLAT OF LOTS i AND 2, SOUTH & GIBSON SUBDIVISION RECORDED APRIL 25. 2006 AS RECEPTION NO. 523322 IN THE PITKIN COUNTY RECORDS, THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN CITY ENGINEER, THE IMPROVEMENT SURVEY PREPARED BY ALPINE SURVEYS (JOB NO. 91-41. DATED AUGUST 10, 2003). THE GPS CONTROL MONUMENTATION MAP FOR THE CITY OF ASPEN PREPARED BY DREXEL BARRELL & CO (JOB NO. 5665-6. REVISED SEPTEMBER 23, 1999). VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN ON SHEET 2. 5) SOPRIS ENGINEERING, LLC (SE) RELIEDON PITKIN COUNTY TITLE. INC.'S TITLE INSURANCE COMMITMENT ISSUED UNDER ORDER NO. PC722137L. EFFECTIVE DATE OF JUNE 23. 20GB AND THE ITEMS DESCRIBED IN SURVEY NOTE 4 ABOVE FOR RECORDED INFORMATION REGARDING RIGHTS OF WAY, EASEMENTS AND ENCUMBRANCES IN THE PREPARATION OF THIS MAP. THIS MAP DOES NOT CONSTITUTE A TITLE SEARCH BY SE. EXCEPTIONS TO TITLE HAVE BEEN SHOWN WHEN GRAPHICALLY POSSIBLE. THE FOLLOWING DOCUMENTS CANNOT BE GRAPHICALLY SHOWN: - RIGHTS OF WAY FOR DITCHES IN PATENT AS RECEPTION NO. 106874 - RESOLUTION 86-116 AS RECEPTION NO. 282736. THIS DEALS WITH THE NAME CHANGE OF A PART OF SPRUCE STREET TO SOUTH AVENUE- - THE TRENCH, CONDUIT, AND VAULT AGREEMENT WITH HOLY CROSS ENERGY RECORDED AS RECEPTION NO. 539763 6) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARRELL & CO. CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88E (NAND 1988) ON THE NGS STATION-S-159'. THIS ESTABLISHED A PROJECT BENCHMARK ELEVATION OF 7000.46 FEET ON THE FOUND FOUND BRASS DISC IN CONCRETE (LS. 23090) MONUMENTING THE NORTHWESTERLY CORNER OF LOT 1. AS SHOWN ON fwWD 'PAL' NAIL & METAL DISC RIVER CITY SURVEYS RI T-OF-WAY VARIES) PROJECT BENCHMARK SOUTH AVENUE ( GH EL VA OON a 7000.49E SET MONUMCN7 L.S I8643 (TYP.) OPEN EN SPY• \ / ems.-,- ii.. C4 FOUND REBAR & CAP L.S. 29030 / 200 UNIT B to' So' UNIT A 6,131 SO. F-T. +� I ( 6,021 SO. FT. +/- 0.141 ACRES 0.738 ACRES +/- a FOUND R BAR & \, D REBAR & CAP LS 47 FOUND 'PK' NAIL & METAL DISC za RIVER CITY SURVEYS FOND NO. 5 REBAR & CAP LOT 2 L.S. 29030 \FIRST AMENDED PLAT. SOUTH & GIBSON SUB. Cyy;; REC. NO. 523322 ,SIR 6 EASING FENCE f_ COMMON OPEN 'PAC[ A � DPP. p5 I t7, WIC �0. du"RF.G. j � 101 A mVf SURVEY MONUMENT CONTROL DETAIL Sf.ILL I' . SY NCS STATION '0-159' -BRAS' DISC IN CONCRETE POST AT COMMON OPEN SPACE SOUTHWEST CORNER OF COMITY COURTHOUSE FOUND PK' NAE At METAL DISC NOS STATION 'S-159' -BRASS DISC IN CONCRETE PCST RIV pn SURMEYS NEAR RID GRANDE TRAM AT CEMETERY LANE LINE TABLE LINE LENGTH BEARING L1 4, ' I 7.45E 3' ' W CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA Cf 1.1 9 .00E i 1.1 N 4' '41' W 1'53' ' C2 0. 1 .71E 1 37,29'1 4'4 ' E 1 9'43 4' C3 19.40E 37.60E 9.9 ' 19.19E i S 0'45' 2' W 29'34'09' C4 51.50E 741.97E 25.76E 51.49E S - 11'14' E 3'S8'37' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 VICINITY MAP TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF STEWART TITLE OF COLORADO INC. - ASPEN DIVISION, A TITLE COMPANY REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HEREBY CERTIFIES THAT CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY 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 STEWART TITLE OF COLORADO INC, - ASPEN DIMSION UNDER ORDER NO. 10208. EFFECTIVE DATE OF DECEMBER 21, 2007. 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 GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT STEWAR' TITLE OF COLORADO INC. - ASPEN DIVISION. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. STEWART TITLE OF COLORADO INC. - ASPEN DIVISION. BY: AS: --___---_-_-_ DATE:__ -- ADDRESS: 620 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS ___ DAY OF _ 2009, BY AS OF STEWART TITLE OF COLORADO INC. - ASPEN DIVISION. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC F I, MARK S. BECKLER. A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM; THAT THE LOCATION AND DIMENSIONS OF EACH UNIT AND THAT UNIT'S IDENTIFYING DESIGNATION, THE LOCATION OF THE VERTICAL BOUNDARIES OF EACH UNIT, AND THE APPROXIMATE LOCATION AND DIMENSIONS O= THE GENERAL COMMON ELEMENT, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME 15 BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN NOVEMBER 13. 2007; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS SECTION 38-51-106; AND THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REWIRED BY CRS SECTION 38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. PURSUANT TO CR5 SECTION 38-33.3-201(2), 1 FURTHER CERTIFY THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS DESCRIBED ON THIS MAP ARE SUBSTANTIALLY COMPLETED. THE CONTROL PRECISION IS GREATER THAN 1IN 10.000, MARK S. BECKLER, P.L.S. 1 28643 ACCEPTANCE FOR RECORDING THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY. COLORADO. THIS _ DAY OF 2009. IN PLAT BOOK _ AT PAGE _ AS RECEPTION NO. `FK AN-, RECORDER s 1 0 TABLE CURVE TABLE CURVE LENGTH I RADIUS TANGENT CHORD BEARING I DELTA C1 31.13" 1 940.00' 15.56' 31.12' N 2435'41' W 1'53' ' C2 37.33' .00' 18.71' 7.29' S 7754'45' E '4 ' 4' C3 19..45 9.92' 19.19' S 3'45'32' W 29'34'09' 51 160' 97- 2.76 5 49' S1C4 S 89'11'14' E 358'37' G8 11.1B' I a49' 110.79' 6.97' S 5030'31' W 18376'2Y C9 7. ' 10.68' 4.08' 7.62' N 87'23'05' W 41'4 '30' C70 11. 7' 71.Zo 6.47' 11. ' N 7 4 '47' W ' C11 15.65' 94000 7.8 15' N 2!'0T23' W O'5Y73' CE5 4.44' 2. 4 ' E 127'110520 CE6 .61' 4.00 7.94 3.49 N 55-48"53' E 51*43*45' CE71 5,13, 5.68' 2.75" 1 4.96' S 0'4 '09' E 51'4' 7" 1) ER THE RECORD COMMON DRIVEWAY DECLARATION. THE INTENT OF THE COMMON DRIVEWAY EASEMENT IS TO FOLLOW THE BOUNDARY OF THE UPPER LEVEL DECKING. AND THE BUILDINGS. NEVER CROSSING THEM, AND THE EDGE OF CONCRETE. 2) THE PORTION OF THE COMMON DRIVEWAY EASEMENT LYING WITHIN THE CONDOMINIUM IS A GENERAL COMMON ELEMENT. NOIC. A— TO ACl- .... oM A CONDOMINILM MAP OF: ASPEN VIEW RESIDENCES CONDOMINIUM A CONDOMINIUM COMMON INTEREST COMMUNITY LOCATED IN LOT 1, SOUTH & GIBSON SUBDIVISION, SITUATED IN SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 • S7� i , r�0�ia •� �r'/�rrii �ii " • ti( COMMON ORIVIEWAY EASEMENT FOR THE BENEFIT OF III A & 8, AND LOT 2 (HAMMED AREA) \_` V `�;��y _ SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDAL, COLORADO 81623 ; (970) 704-0311 LEGEND ® E% llT ELECTRIC MANHOLE ® EASING DRAINAGE MANHOLE ® EASANG SEWER MANHOLE EASTINC FIRE HYDRANT EASTINC WATER VALVE Y7 EASMNG CURB STOP EXISTING GAS METER E EXISTING ELECTRIC TRANSFORMER E EASING ELECTRIC METER EXISTING SEWER 3iANOUT 000�oo EXISTING ROCK RETAINING WALL EXISTING WCOO FENCE — • — EXISIINC WRE FENCE 1pO G� nc ei41rs ZG GRAPHIC SCALE y� O T \� L wfE 10) 10 rl L `` o7auMW (Tm.) A SICNE PA710 (TVP.) �L a s.To' UNIT B 6,131 SQ. FT. +/— 'Ga0.141 ACRES I— N 4e0' I \ i — Rao' \ SWIME ewxeWr ------ saio' \ u _ L_. _ _ woo- Rill (TIP.) \ - — — — — — — — — — — i \ IB4 — _ \ lase' --{ I A 0 • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 23, 2008 at 8:00 AM Case No. PCT22137L 2. Policy or Policies to be issued (a) ALTA Owner's Policy-(6/17/06) Amount$ 5,995,000.00 Premium$ 4,864.00 Proposed Insured: Rate: Re -Issue JHF, LLC, A DELAWARE LIMITED LIABILITY COMPANY (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 11 is A portion of: EXHIBIT "A" LEGAL DESCRIPTION LOT 1, SOUTH & GIBSON SUBDIVISION, according to the First Amended Plat thereof recorded April 25, 2006 in Plat Book 78 at Page 83 as Reception No. 523322. To be known as: UNIT A, ASPEN VIEW RESIDENCES, according to the Condominium Plat thereof recorded 2008 in Plat Rnnk nt Pana ag Rcrantinn No and 4cfin ,4 .4 4cscr;I-,c,4 ' 16e r ..nIC).. ;n; m _ u�.. v.....i.. a�iJ 4�..1II la,.4 f:4n4 4tiJVIlUC:4 iil LIIG VVI14411111 IIU111 Declaration for Aspen View Residences recorded _, 2008 as Reception No. • 0 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Recordation of a good and sufficient Condominium Declaration for Aspen View Residences _ C-nd� I IV VI I III IlUriiJ. 2. Recordation of a good and sufficient Plat of Aspen View Residences Condominiums. 3. Copy of the Registration duly stamped by the Secretary of State of the State of Delaware evidencing registration of Centurion Partners GS, LLC and Statement of Authority and a copy of the Operating Agreement of Centurion Partners GS, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 4. Copy of the Registration duly stamped by the Secretary of State of the State of Delaware evidencing registration of JHF, LLC and Statement of Authority and a copy of the Operating Agreement of JHF, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 5. Good and sufficient Final Affidavit and Agreement executed by the General Contractor and Owner of the subject property certifying that all persons, firms, suppliers, sub -contractors and any other persons, corporations or firms have been paid in full and no right to any mechanic's liens exist on the subject property pursuant to Colorado law. 6. Release by the Public Trustee of the, Deed of Trust from : CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY to the Public Trustee of the County of PITKIN for the use of : ALPINE BANK original amount : $12,000,000.00 dated : August 24, 2006 recorded : September 12, 2006 reception no. : 528486 Modification Agreement changing various terms of the Deed of Trust above was recorded March 19, 2008 as Reception No. 547522. (Continued) 0 • SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 7. Release by the Public Trustee of the, Deed of Trust from : CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY to the Public Trustee of the County of PITKIN for the use of : ALPINE BANK original amount : $1,560,000.00 dated : July 12, 2007 recorded : October 22, 2007 reception nl v. 5433JV Modification Agreement changing various terms of the Deed of Trust above was recorded March 18, 2008 as Reception No. 547509. Release by the Public Trustee of the, Deed of Trust from : CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY to the Public Trustee of the County of PITKIN for the use of : ALPINE BANK original amount : $1,681,650.00 dated : February 6, 2008 recorded : March 24, 2008 reception no. : 547718 9. Duly executed and acknowledged Deed, From : CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY To : JHF, LLC, A DELAWARE LIMITED LIABILITY COMPANY 10. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 11. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 12. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 13. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 0 • SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, 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. DeleuLb, iiens, encumbrances, adverse ciaims 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 of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded August 29, 1958 in Book 185 at Page 69. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 29, 1986 in Book 521 at Page 593 as Resolution No. 86-116. 9. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 16, Series of 2004 by the Aspen City Council recorded January 20, 2005 as Reception No. 506211. 10. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement recorded February 7, 2005 as Reception No. 506796. 11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 52, Series of 2005 by the City of Aspen City Council recorded January 26, 2006 as Reception No. 520208 and Notice of an Amendment to Ordinance No. 52, Series of 2005 changing the words "Second Amended Plat" to "First Amended Plat" recorded April 25, 2006 as Reception No. 523321.. 12. Easements, rights of way and all matters as disclosed on First Amended Plat of Lots 1 and 2, South & Gibson Subdivision recorded April 25, 2006 in Plat Book 78 at Page 83. 13. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded July 10, 2007 as Reception No. 539757. 14. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 10, 2007 as Reception No. 539763. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen View Residences Condominiums recorded 2008 as Reception No. , deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 16. Easements, rights of way and all matters as disclosed on Plat of Aspen View Residences Condominiums recorded _, 2008 in Plat Book _ at Page _. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT22137L SELLER: CENTURION PARTNERS GS, LLC, A DELAWARE LLC BUYER: LLC, A DELAWARE LIMITED LIABILITY COMPANY JHF The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) 0 • ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or rinaterialmiens iiei is, eAuupi wi ien said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of 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: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. • • PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT22137L/LLC, A DELAWARE LIMITED LIABILITY COMPANY JHF • • LANDAMERICA Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy poi -Cy Vf t11C LanuAlilcrica lamily of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website ( You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. Form 3391-6 (May 2001) LANDAIMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we I I lay get your social secur iiy number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Form 3391-6 (May 2001) • Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. ASPEN VIEW RESIDENCES CONDOMINIUM 2 --e- I 1 -1- 0 a�v �-� ASPEN VIEWRESIDENCESCONDOMINIUM j 15 Lu JI.- s -.1, -Emir. mmw 10 _Z42_12; 12r— Imi2r-c Im" 31 RAPHIC 3c.ALE CONDOMINIUM MAP OF: CERTIFICATE OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (HEREINAFTER "DECLARANT"), BEING THE OWNER IN FEE SIMPLE OF CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, TO WIT: LOT 1, SOUTH & GIBSON SUBDIVISION, AS DESCRIBED ON THE FIRST AMENDED PLAT OF LOTS 1 AND 2, SOUTH & GIBSON SUBDIVISION RECORDED APRIL 25, 2005 IN PLAT BOOK 78 AT PAGE 83 AS RECEPTION NO. 523322, IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO (THE "PROPERTY"), HAS BY THESE PRESENTS CONDOMINIUMIZED SAID PROPERTY INTO UNITS A AND B AND CERTAIN APPURTENANT COMMON ELEMENTS, ASPEN VIEW RESIDENCES CONDOMINIUM, AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE DECLARATION OF CONDOMINIUM FOR THE ASPEN VIEW RESIDENCES CONDOMINIUM, RECORDED 2009 AS RECEPTION NO. (THE "CONDOMINIUM DECLARATION"). DECLARANT: CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: JOHN SARPA, AUTHORIZED AGENT STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _-- DAY OF 2009, BY JOHN SARPA AS AN AUTHORIZED AGENT OF CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY COMPANY. MY COMMISSION EXPIRES: _____--_ _ WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC MORTGAGEE CONSENT CERTIFICATE THE UNDERSIGNED, BEING THE HOLDER OF LIENS ON THE PROPERTY PURSUANT TO DEEDS OF TRUST RECORDED AS RECEPTION NOS. 528486, 543390 AND 547718, RESPECTIVELY, IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM MAP, AND HEREBY SUBORDINATES THE LIENS OF SAID DEEDS OF TRUST TO THE MATTERS SET FORTH HEREIN DATED THIS — DAY OF _ 2009. MORTGAGEE: BY: -------- AS: ------ — ------ STATE OF COLORADO ) SS. COUNTY OF THE FOREGOING MORTGAGEE CONSENT CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2009, BY AS --- ------ OF -- ------- MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC COMMUNITY DFVELQPMENT D PARTM NT APPROVAL THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM WAS APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT THIS _ _ DAY OF —__ 2009. -- COMM(7NITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM, SHOWN HEREON, WAS APPROVED BY THE ENGINEER OF THE CITY OF ASPEN THIS DAY OF —__ 2009. CITY OF ASPEN ENGINEER MAP NOTES 1) ASPEN VIEW RESIDENCES CONDOMINIUM IS SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS MAY BE SET FORTH ON THE FIRST AMENDED PLAT OF LOTS 1 AND 2, SOUTH & GIBSON SUBDIVISION RECORDED APRIL 25, 2006 IN PLAT BOOK 78 AT PAGE 83 AS RECEPTION NO. 523322. 2) ASPEN VIEW RESIDENCES CONDOMINIUM IS SUBJECT TO THE PROVISIONS OF ASPEN CITY COUNCIL ORDINANCE NO. 52 (SERIES OF 2005) RECORDED JANUARY 25, 2006 AS RECEPTION NO. 520208 AND TO THE SURVIVING CONDITIONS OF APPROVAL SET FORTH IN ASPEN CITY COUNCIL ORDINANCE NO. 16 (SERIES OF 2004). 3) ASPEN VIEW RESIDENCES CONDOMINIUM IS SUBJECT TO THAT CERTAIN FIRST AMENDED SUBDIVISION IMPROVEMENTS AGREEMENT FOR SOUTH & GIBSON SUBDIVISION RECORDED APRIL 25, 2006 AS RECEPTION NO. 523321. 4) ASPEN VIEW RESIDENCES CONDOMINIUM IS SUBJECT TO THE DECLARATION OF CONDOMINIUM FOR ASPEN VIEW RESIDENCES CONDOMINIUM RECORDED -----_, 2009 AS RECEPTION NO. --------- 5) THIS CONDOMINIUM MAP DESCRIBES THE VERTICAL BOUNDARIES OF EACH CONDOMINIUM UNIT. THE CONDOMINIUM UNITS DO NOT HAVE HORIZONTAL BOUNDARIES. EACH CONDOMINIUM UNIT SHALL ALSO INCLUDE ALL IMPROVEMENTS THAT ARE LOCATED WITHIN THE UNIT. 6) ASPEN VIEW RESIDENCES CONDOMINIUM IS SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN DECLARATION OF COMMON DRIVEWAY EASEMENT AND RESTRICTIVE COVENANTS FOR SOUTH & GIBSON SUBDIVISION RECORDED 2009 AS RECEPTION NO. (THE "DECLARATION OF COMMON DRIVEWAY EASEMENT"). THE COMMON DRIVEWAY EASEMENT ESTABLISHED BY SAID DECLARATION OF COMMON DRIVEWAY EASEMENT IS SHOWN AND NOTED HEREON, AND THE PORTION OF SAID COMMON DRIVEWAY EASEMENT THAT IS LOCATED WITHIN ASPEN VIEW RESIDENCES CONDOMINIUM IS A GENERAL COMMON ELEMENT, AS MORE PARTICULARLY DEFINED IN THE CONDOMINIUM DECLARATION. 7) THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM IS BEING EXECUTED AND RECORDED IN ACCORDANCE WITH THE COLORADO COMMON INTEREST OWNERSHIP ACT, SECTION 38-33.3-101 ET. SEQ. OF THE COLORADO REVISED STATUTES. B) THE "SITE TRIANGLE", AS SHOWN ON SHEET 2 IS REFERENCED IN THE PLATS IN NOTE 1 ABOVE. "THERE SHALL BE NO STRUCTURE OR OR LANDSCAPING OVER THIRTY (30) INCHES TALL INSTALLED IN THE SITE TRIANGLE DEPICTED HEREON, WHICH IS LOCATED THIRTY (30) FEET WITHIN THE GIBSON AVENUE/SOUTH STREET INTERSECTION." CURRENT PITKIN COUNTY ASSESSOR MAPPING REFERS TO "SOUTH AVE." 9) THE CENTERLINE OF THE UNDERGROUND POWER LINE AS SHOWN ON SHEET 2 WAS TAKEN FROM THE IMPROVEMENT SURVEY PREPARED BY ALPINE SURVEYS (JOB NO. 91-41, DATED AUGUST 10, 2003). NO EASEMENT WAS REFERENCED IN THE TITLE WORK IN SURVEY NOTE NO. 5 ABOVE OR THE ABOVE MENTIONED IMPROVEMENT SURVEY. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN ASPEN VIEW RESIDENCES CONDOMINIUM A CONDOMINIUM COMMON INTEREST COMMUNITY LOCATED IN LOT 1, SOUTH & GIBSON SUBDIVISION, SITUATED IN SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 SHEET INDEX SHEET 1 - CERTIFICATES, MAP NOTES, SURVEY NOTES, CONTROL AND UNIT LAYOUT SHEET 2 - EASEMENTS, EXISTING CONDITIONS AND COMMON ELEMENT LAYOUT SURVEY NOTES 1) DATE OF SURVEY: AUGUST 17, AND NOVEMBER 13, 2007. 2) DATE OF PREPARATION: AUGUST - DECEMBER, 2007, JANUARY AND JULY, 2008 3) BASIS OF BEARING: A BEARING OF S 15'01'18" E FROM A FOUND METAL DISC IN CONCRETE (L.S. 23090) MONUMENTING THE NORTHWESTERLY CORNER OF LOT 1, AND A FOUND METAL DISC IN CONCRETE (L.S. 23090) MONUMENTING THE SOUTHERLY CORNER OF LOT 2. AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY. THE FIRST AMENDED PLAT OF LOTS 1 AND 2, SOUTH & GIBSON SUBDIVISION RECORDED APRIL 25, 2006 AS RECEPTION NO. 523322 IN THE PITKIN COUNTY RECORDS, THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN CITY ENGINEER, THE IMPROVEMENT SURVEY PREPARED BY ALPINE SURVEYS (JOB NO. 91-41, DATED AUGUST 10, 2003), THE GPS CONTROL MONUMENTATION MAP FOR THE CITY OF ASPEN PREPARED BY DREXEL BARRELL & CO (JOB NO. 5665-6, REVISED SEPTEMBER 23, 1999), VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN ON SHEET 2. 5) SOPRIS ENGINEERING, LLC (SE) RELIED ON PITKIN COUNTY TITLE, INC.'S TITLE INSURANCE COMMITMENT ISSUED UNDER ORDER NO. PCT22137L, EFFECTIVE DATE OF JUNE 23, 2008 AND THE ITEMS DESCRIBED IN SURVEY NOTE 4 ABOVE FOR RECORDED INFORMATION REGARDING RIGHTS OF WAY, EASEMENTS AND ENCUMBRANCES IN THE PREPARATION OF THIS MAP. THIS MAP DOES NOT CONSTITUTE A TITLE SEARCH BY SE. EXCEPTIONS TO TITLE HAVE BEEN SHOWN WHEN GRAPHICALLY POSSIBLE. THE FOLLOWING DOCUMENTS CANNOT BE GRAPHICALLY SHOWN: - RIGHTS OF WAY FOR DITCHES IN PATENT AS RECEPTION NO. 106874 - RESOLUTION 86-116 AS RECEPTION NO. 282736. THIS DEALS WITH THE NAME CHANGE OF A PART OF SPRUCE STREET TO SOUTH AVENUE. - THE TRENCH, CONDUIT, AND VAULT AGREEMENT WITH HOLY CROSS ENERGY RECORDED AS RECEPTION NO. 539763 6) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARRELL & CO. CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED A PROJECT BENCHMARK ELEVATION OF 7000.46 FEET ON THE FOUND FOUND BRASS DISC IN CONCRETE (L.S. 23090) MONUMENTING THE NORTHWESTERLY CORNER OF LOT 1. AS SHOWN ON SHEET 1. 901- �9 ssre r � / 01 / 1y10 n / N FOUND "PK" NAIL & METAL DISC RIVER CITY SURVEYS FOUND "PK" NAIL & METAL DISC RIVER CITY SURVEYS PROJECT BENCHMARK ELVATION = 7000.49' UNIT A 6,021 SQ. FT. +/- 0.138 ACRES 8 5A `SET MONUMENT L.S 28643 (TYP.) SOUTH AVENUE (RIGHT—OF—WAY VARIES) FOUND REBAR & CAP L.S. 29030 UNIT B 6,131 SQ. FT. +/- 0.141 ACRES +/- iE ' v� LOT 2 o\FIRST AMENDED PLAT, SOUTH & GIBSON SUB. z REC. NO. 523322 EXISTING FENCE -� z m _ 'L' o T � I \ 101 1 SURVEY MONUMENT CONTROL DETAIL SCALE, 1"- 3' 0 NGS STATION "0-159" — BRASS DISC IN CONCRETE POST AT SOUTHWEST CORNER OF COUNTY COURTHOUSE NGS STATION "S-159" — BRASS DISC IN CONCRETE POST NEAR RID GRANDE TRAIL AT CEMETERY LANE COMMON OPEN SPACE FOUND PK" NAIL & METAL DISC RIVER CITY SURVEYS LINE TABLE LINE LENGTH BEARING L1 4.08' S 00'00'00" E I i 7 Ar' c cC•n zznw 200 10.56' COMMON OPEN SPA( 202 L1 a FOUND REBAR & CAP L. L.S. 9184 �0 ND REBAR & CAP gyp• S 47 204 —FOUND NO. 5 REBAR & CAP L.S 29030 COMMON OPEN SPACE PRE \.\001- �05 00 �O cR FZ CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA Cl 31.13' 940.00' 15.56' 31.12' N 2435'41" W 1'53'50" C2 37.33' 220.00' 18.71' 37.29' S 11'54'45" E 943'24" C3 19.40' 37.60' 9.92' 19.19, S 30'45'32" W 2934'09" C4 51.50' 741.97' 25.76' 51.49' S 89'11'14" E 3'58'37" SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBON DALE, COLORADO 81623 (970) 704-0311 RECEIVED w 2009 ,aPEN COMVci,` )�VFLOPMENT VII.IIVI I I IVIF1f SCALE: 1" - 2000' TITLE CERTIFICATE THE UNDERSIGNED, A DULY-AUT;:rORIZED REPRESENTATIVE OF STEWART TITLE OF COLORADO INC. - ASPEN DIVISION, A TITLE COMPANY REGISTERED TO DO BUc:;NESS IN PITKIN COUNTY, COLORADO, HEREBY CERTIFIES THAT CENTURION PARTNERS GS, LLC, A DELAWARE LIMITED LIABILITY Ca,,ANY 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 STEWART TITLE OF COLORADO INC. - ASPEN DIVISION UNDER ORDER NO. 1020-, EFFECTIVE DATE OF DECEMBER 21, 2007. ALTHOUGH WE BELIEVE THE FACT-3 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 GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE OF COLORADO INC. - ASPEN DIVISION. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. STEWART TITLE OF COLORADO INC, - ASPEN DIVISION. BY: _ AS: _ DATE: ADDRESS: 620 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS __- DAY OF BY ------------- AS ---- WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE OF STEWART TITLE OF COLORADO INC. - ASPEN DIVISION. 2009, I, MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM; THAT THE LOCATION AND DIMENSIONS OF EACH UNIT AND THAT UNIT'S IDENTIFYING DESIGNATION, THE LOCATION OF THE VERTICAL BOUNDARIES OF EACH UNIT, AND THE APPROXIMATE LOCATION AND DIMENSIONS OF THE GENERAL COMMON ELEMENT, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME IS BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN NOVEMBER 13, 2007; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS SECTION 38-51-106; AND THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY CRS SECTION 38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. PURSUANT TO CRS SECTION 38-33.3-201(2), 1 FURTHER CERTIFY THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS DESCRIBED ON THIS MAP ARE SUBSTANTIALLY COMPLETED. THE CONTROL PRECISION IS GREATER THAN 1 IN 10,000. MARK S. BECKLER, P.L.S. # 28643 ACCEPTANCE FOR RECORDING THIS CONDOMINIUM MAP OF ASPEN VIEW RESIDENCES CONDOMINIUM IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO, THIS -_- DAY OF -------- ---- 2009, IN PLAT BOOK --_ AT PAGE __- AS RECEPTION NO. CLERK AND RECORDER CONDOMINIUM MAP OF: CURVE TABLEV CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA Cl 31.13' 940.00' 15.56' 31.12' N 2435'41" W 1'53'5)" 37.33' 220 18 37.29' S 11'54'45" E 9'43'24"C2 C3 19.40' 37.60' 9.92' 19.19, S 30'45'32" W 29°34'09" C4 51.50' 741.97' 25.76' 51.49' S 8911'l4" E 3'58'37" C8 11.18, 3.49' 110.79' 6.97' S 50'30'31" W 18336'27" C9 7.80' 10.68' 4.08' 7.62' N 87'23'05" W 41'49'30" CID 11. 75' 11.26' 6, 47' 11.22' N 78'45'47" W 59'48'02" C11 15.65' 940.00' 7.82' 15.65' N 24'07'23" W 0'57'13" CE5 4.44' 2.00' 4.03' 3.58' S 34'43'19" E 12711'52" CE6 3.61' 4.00' 1.94' 3.49' N 55'48'53" E 51'43'45" CE7 5.13' 5.68' 2.75' 4.96' S 20'42'09" E 51'42'37" NOTES! 1) PER THE RECORD COMMON DRIVEWAY DECLARATION, THE INTENT OF THE COMMON DRIVEWAY EASEMENT IS TO FOLLOW THE BOUNDARY OF THE UPPER LEVEL DECKING, AND THE BUILDINGS, NEVER CROSSING THEM, AND THE EDGE OF CONCRETE. 2) THE PORTION OF THE COMMON DRIVEWAY EASEMENT LYING WITHIN THE CONDOMINIUM IS A GENERAL COMMON ELEMENT. NOTIC: ACCORDING TO COLORADO LAW YOU MUST COMMENC ANY LGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCD MORE THAN TEN ASPEN VIEW RESIDENCES CONDOMINIUM A CONDOMINIUM COMMON INTEREST COMMUNITY LOCATED IN LOT 1, SOUTH & GI BSON SUBDIVISION, SITUATED IN SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 l COMMON DRIVEWAY EASEMENT FOR THE BENEFIT OF UNITS A & B, AND LOT 2 (HATCHED AREA) DECLARATION RECORDED AS REC. NO. _ SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDAL, COLORADO 81623 (9 70) 704- 0311 wv x 51 SITE TRIANGLE SEE NOTE NO. 8 \� SHEET 1 (HATCHED AREA) wy \ D4, WINDOW WELL (TYP.) STONE WALKWAY x I0' SETBACK PER PLAT REC. NO. 506797 SECOND LEVEL DECK (TYR) Ohl ` o 6.00' 4.00' i \ O Ct o s x \ x Gv 23.15' q \ x 10' HOLY CROSS UNDERGROUND RIGHT-OF-WAY EASEMENT REC NO. 539757 kp- G� PVC RISERS �G \gym LEGEND 0E EXISTING ELECTRIC MANHOLE 0 EXISTING DRAINAGE MANHOLE S5) EXISTING SEWER MANHOLE Y EXISTING FIRE HYDRANT WV EXISTING WATER VALVE EXISTING CURB STOP Gv X EXISTING GAS METER ® EXISTING ELECTRIC TRANSFORMER ® EXISTING ELECTRIC METER O EXISTING SEWER CLEANOUT EXISTING ROCK RETAINING WALL - ❑ ❑ EXISTING WOOD FENCE - x x EXISTING WIRE FENCE RECEIVED 'ON NUNIfYOEVELOPN N7 GRAPHIC SCALE Z� 10 0 5 10 20 40 \ v \// ( IN FEET ) S G 1 inch = 10 ft. A L LOL MN (TYP.) STONE PATIO (TYP.) REM o 4.60' I �- 9.00' \ L------- \ o \ 36.10' \ � I I WINDOW WELL (TYP.) \ Iv - - - - - - - - - - - - - - - \ 18.4' 10.56' ---1 I 27136-EX 01/27