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HomeMy WebLinkAboutcoa.lu.ex.798 Gibsons 0008.2009 THE CITY OF ASPEN .J City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0008.2009.ASLU 2737 07 3 35 001 798 GIBBON AVE DREW ALEXANDER SUB EXEMPT COND CENTURION PARTNERS 3.4.10 CLOSED BY ANGELA SCOREY ON: 5.20.10 Z~ 3 Z - o ~ 3 _ 3'S - ~ ~ ~8. 2a ~1 • ~°t-g ~~ _~ File Edit Record Navigate Form ReporCs Format Tab Help 4 J r ~•.~ '~ ~ ~~_ ~ ~ ' - ~ ~ Ala ~ A Permit Type ~aslu JAspen Land Use Permit # ~0008.2009.ASLU y Address 1798 GIBSON AVE _~ AptJSuite _~' _ °o City ASPEN State CO J Zip 81611"x„ Permit Information - -"" Master Permit i ~ Routing Queue aslu07 Applied 02J03J2009 Project j ~ Status pending Approved ~--~ i Description ASPEN VIEW RESIDENCES CONDOMINIUM Issued ~ J =:d' I Final r-~ Submikted KRYSTAL ENGLAND 544 8336 Clock ,Running Days l u Expires O1J29J2010 Owner Last Name CENTURION PARTNERS, LL(~ First Name 300 5 SPRING ST SUITE 301 Phone ,(949} 250-8800 ~ ASPEN CO 81611 Owner Is Applicant? Applicant Last Name (CENTURION PARTNERS, LL( First Name 300 5 SPRING ST _ ,'SUITE 301 Phone ((949} 250-8800 Cust # 28506 ~ ASPEN CO 81611 Last Name J First Name Phone C~Cc_ ~' t 4- 4- Z c. ('~ ~~~Jr $ ~ 3 S- CrD GEC ~~ ?~ ~ ~ 5~ ^~v ~~~~~ j m 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 Hin;;ley. ^ 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. 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, to begin the land use review process. then your application has been deemed complete 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 er P el n, Deputy Director City of Aspen, Community Development Department C:\Documents and SettingsljennifeplMy Documents\organizedlG DrivelTempfateslLand llse Cases\Completeness Letter Land Use.doc o ~ECEIVcD CENTURION Ft8 ~ 2 ?QQ9 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 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 Authorized Signatory Centurion Partners GS LLC 300 South Spring Street Suite 301 Aspen, CO, 81611 (9701 54 4-833 6 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ,~`-~. ~~ s~ ~ ~ ~~ Agreement for Payment of City of Aspen Development Application Pees ".>~, CITY OF ASPEN (hereinafter CITY) and (:~'Ntl.Jt.~oro ~~TN~ ~S C~~ ~a9 (hereinafter APPLICANT) AGREE AS FOLLOWS: ~ `;,~ 1. APPLICANT has submitted to CITY an application for ksc~v~, V i ~w (Z.GL~C~v~ru «s Govv t7o --t i N i u~w (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 end 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, APPL[CANT agrees that in consideration of the CITY's waiver of its right to collect fidl fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~ 35 which is For 3 • ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of 5235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT fi~rther 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 filling Address and Telephone Number: 9 e Mw ~.,arwr~ ~Oh S. Scat-it~t~S~ ~I.uTL; 3c1 As vary ~,o Rr~ ti Q~n. S4N. 833 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 struchire. 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 11"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. 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 Icgal or vested right. ATTACHMENT 2 -LAND USE APPLICATION RFCF~~~~ FFp _ YROJECT: `" l; r3 ~•,, Name: P 'R-E, CGS C~b~Dor-~ i Location: '~-q - pp Sov.~ Si (Indicate street address, lot & block number, le al descri tion where a ro riate) Parcel ID # (REQUIRED) 2 ~ 3 ~ D ~ 3 - S - oo l APPLICANT Name: [',(%Nt~l or.~ Pr~n2tr~ ~nS CAS t-t-G Address: (1loO n.t~wt~r„2T G~`~zU^2 ~~- ,~~1r.~PCr2i `3a~-~1- ~ G2C.(~n Phone #: ~~ Q .250 • ~ $ ~ REPRESENTATI~ E: Name: ~u N n~ Std P 1~ I K,K.~t S'314t , ~ e,, v~~ ~ Address: •3 ou So~}t SP~~ nee, CT . ~w.i-[. Sot b~-sp~ Go $ t ~ t I Phone #: Cl~-D. S~4 ~ . $ 33 (p . TYPE or APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ® Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EYISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) v~ ~~ .Inr a~..~ 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 Cn10.~ 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. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ~' ~ ~~ ATTACHMENT 3 C~~ DIMENSIONAL REQUIREMENTS FORM F.~; -; (~S.QL~1N ~/~~ W 12azS1 pG?~l(„~S C.oN 9or 1 fvl w'` C.GNTI~.IL~OY~? 1~AVLTNL~1 C.S l~l.C.. Y~'B - f300 ~ C3SL)'1~~ ST -52 sF (for th'e purposes of calculatifr~ 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: ~/ Proposed: ~ Number of residential units: Existing: 2 Proposed: ; Number of bedrooms: Existing: $ Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: ~~~ r Za~V Floor Area: Existing: _ ~t3 23 Allowable: `i3~ Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: Site coverage: Existing•.• 2~+'la Required: Proposed: Open Space: Existing: ~C, %. Regzrired: Proposed.• Front Setback: Exxisting.• Required: Proposed.• Rear Setback: Existing: Required.• Proposed: Combined F/R: Existing: Regzrired: Proposed: Side Setback: Existing: Required.• Proposed: Side Setback: Existing.• Regzrired.• Proposed: Combined Sides: Existing: Regzrired.• Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conforn~ities or encroachments: Variations requested: © ~ Aspen View Residences Condominium Vicinity Map .~ WHEN RECORDED RETURN TO: Name: Centurion Partners GS, LLC Address: c/o John Sarpa, 300 South 5pnng Street Aspen, CO 81.611 WARRANTY DEED ,-. 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 8161 l of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollazs and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bazgained, sold and conveyed, and by these presents does grant, bazgain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real properly, 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 & GIBBON SUBDIVISION, according to the Final Plat thereofrecorded 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 8161 I TOGETHER with all and singulaz 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 bargatined premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bazgained 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, bazgain, and agree fo and with the File Number: 4412G-CJ Stewart Title of Aspen, Inc. Warranty Deed -Photographic Record (Extended) Page ~ of2 ~`"; 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, bazgain, sell and convey the sanie in manner and form as aforesaid, and that the same are free and cleaz 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~DVHEREOF~e grantor has executed this deed on the date set forth above. William ?~hringer, Managing Mem~r of Gibson Avenue, LLC, a Colorado Limited STATEOFEeiorado ~WiZtp~l COUNTY OFP-it#iii pq~~ The foregoing instrument was acknowledged before me tlus 1 ~ day of J~{~Ili1.. P7. ( ~R i~1 by By: William Boehringer, Managing Member of Gibson Avenue, LLC, a Colorado ~ Limited Liability Company My commission expires ~~~ ~ O Witness my hand and official seal. ~~~ 5 ~ Notary Public: `x„um ~~"' OFFPC1At S~?~, +°•'' , _•: •.* Nladsleine S. PCreAjr ~+; z ? D.D.# 3736390 R1F F~~,~~` 1y, ~1,,~ ~(~$~vV~l~~~ hFnll,d ^71ti111N1°$ejQ(I i ~' eaewlbec I~ i L,, 2UCGyR'~i / •Jl ,;,~, ~~IC~`~~t SEAt .? pri ne S. Kelly ~'~ '° ~~ ~ 14 ~ 3„. ~`, M• ~:~;:- •:, .Kelly ;;,a, ` ~'"f 3 90 ~ „;~~* 373 T ,i,l A1~ ~ .~ ;~ ~a~ .. n ~ I'W~i1Nq 18, File )Number 49I?b-C4 Stewart Title o(Aspen, Inc. 14arranry Decd-Photogavhie Record (Extended) Page ? of 2 CENTURION PARTNERS Januazy 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(I) 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. 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HOPKINS AVE. 31~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 Home OfFce: 5600 Cox Road Glen Allen, Va. 23060 B 1004-268 ,. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 23, 2008 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposed Insured: JHF, LLC, A DELAWARE LIMITED LIABILITY COMPANY (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposed Insured: Case No. PCT22137L Amount$ 5,995,000.00 Premium$ 4,864.00 Rate: Re-Issue Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ 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 677-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. .~ t EXHIBIT "A" LEGAL DESCRIPTION J A portion of: LOT 1, SOUTH 8 GIBBON 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 Book _ at Page _ as Reception No. and as defined and described in the Condominium Declaration for Aspen View Residences recorded _, 2008 as Reception No. 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 Condominiums. 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 Modifcation Agreement changing various terms of the Deed of Trust above was recorded March 19, 2008 as Reception No. 547522. (Continued) ~ "~ ~., , SCHEDULE B -SECTION 1 REQUIREMENTS -Continued 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 no. :543390 Modification Agreement changing various terms of the Deed of Trust above was recorded March 18, 2008 as Reception No. 547509. 8. 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) ~' -~ 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, f rst 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 - 4, 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) l"'1 ~'` 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 unflled mechanics or materialmens liens, except when 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 tympany 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 AREAS 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 N0.2020065129 REFERENCE:PCT22137L/LLC, ADELAWARE LIMITED LIABILITY COMPANY JHF r~ LANDAMEFZICA 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 policy of the LandAmerica family 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, EI 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. Forth 3391-6 (May 2001) -r, ~_, LANDAMERICA 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 may get your social security 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) r~ ~. 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. ~...n ..,. ~....,, ...... ~_.. ro .~. o .e .~ ,. ~ ,. del pe ! eta 4P fg CA 9~ 8'~ v~ ~ x ~. e~p ~~~ t g ~ (~41" ~ a f~?~ ~ ipq a0 ft f~.,x 44 ~ ~ ~ p ~S ~ Ep~ x GLL ~c ~8. d I $ I ~ '+ ~ s=° e7 r 4 ~ d a ~g ~° ~ ~~ 4'yp ~ ~ 9 q x g , °;t d ~ t gzEd~g 4< i ~¢ ~ ~ q [ ~ fi ` nV~ ~ e E a ~ 4 ~p ~e ~ ~ ~ ~ '4 ?:w n w k~.w,~ ° ~ Y 5 e i S " 5 ~£ a se t ' ~ ~; . 4 y~ Fd - eFy r ~ 5. 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