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Home My WebLink AboutLand Use Case.1230 Mountain View Dr.0074.2010.ASLU- -= - -- l-z 30 44#*Â·fc.-â€¢(A Jhâ‚¬ ca I)(- 0074.2010.ASLU 1230 & 1232 MOUNTAIN VIEW DR ASPEN CO 81611 SUBDIVISION EXEMPTION XXXXXXXXXXXXXXXXXXXXXXXX ~--n o ~lf 'h,/ L__~ A 2 0 e .. . 2 - - -9â€¢ 7-"- r- ,Â· i i.~-n 00:Â« THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074.2010.ASLU PARCEL ID NUMBER 2735 013 00 014 PROJECTS ADDRESS 1230 & 1232 MOUNTAIN VIEW DR PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE CHRIS SANDERS DATE OF FINAL ACTION 12.18.10 CLOSED BY ANGELA SCOREY ON: 04.07.11 ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 201 NORTH MII.I. STREET, SUITE 201 Sherman & Howard L.L.C. ASPEN, COLORADO 816]1-1557 TELEPHONE (970) 925-6300 FAX: (970) 925-1181 - OFFICES IN. DENVER Â· COLORADO SPRINGS Â· ASPENÂ· VAIL STEAMBOAT SPRINGS Â· PHOENIX Â· RENO Â· LAS VEGAS Â· ST LOUIS + ~~ 0 0/.40~ Curtis B. Sanders 4 Office Number (970) 925-6300 Ext. 214 (*44 970 E-mail: csanders@krabacher.corn 49% November 22,2010 Via Hand Delivery Jennifer Phelan. Staff Planner City o f Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Application for Condominiumization of Project at 1230 and 1232 Mountain View Drive, Aspen, Colorado; Mountain View Drive Condominiums Dear Jennifer: In connection with the above matter, please find enclosed the following documents: 1. City ofAspen "Pre-Application Conference Summary" dated September 22,2010 (two copies); 2. "City of Aspen Community Development Department Agreement for Payment of City of Aspen Development Fees" dated November 21, 2010 (two copies); 3. City of Aspen "Land Use Application" (two copies); 4. Authorization to represent letter dated November 21,2010 from SREI Cottage Mountain View LLC (two copies); 5. Current Certificate and Disclosure of Ownership reflecting status oftitle matters affecting the subject property (two copies); 6. Vicinity Map depicting the location of the subject property in the City of Aspen (two copies); 7. Draft copies ofthe proposed "Condominium Map of Mountain View Drive Condominiums" (two copies); 8. Draft copies of the proposed "Condominium Declaration of Mountain View Drive Condominiums" (two copies); and BUS RE\3713696.1 2.1 9. Applicant's check in the amount of $735.00. As you will see, Condominium Map and the Condominium Declaration contemplate a condominiumization of the existing property into two separate units (the "Unit A" and the "Unit B"),each of which comprises one-half of the existing land and improvements. Each unit will share a party wall, and the units will share in the cost of maintaining the shared driveway. Otherwise, there are no other shared items, and no shared expenses. Please note that although at the time o f the pre-application conference the subj ect property was owned by Chase Aubrey, LLC, the property is now owned by a project lender SREI Cottage Mountain View LLC, and therefore it is now listed as the applicant. Please confirm the completeness of the enclose land use application at your earliest convenience. If you have any questions, please feel free to give me a call. < sinc357, 9 E-'fislf. Sanders Enc. ec: Mark C. Foster Phelan.01 2 BUS RE\3713696.1 Certificate and Disclosure of Ownership I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for SREI Cottage Mountain View, LLC, as Applicant, hereby certify that SREI Cottage Mountain View LLC is the record owner of the real property described as follows (the "Property"): PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West ofthe Sixth Principal Meridian ofthe Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One-Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West ofthe Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point oftrue beginning. All in Pitkin County, Colorado BUS RE\3713707.1 I hereby further certify that as of the date hereof, the Property is subject to the following encumbrances ofrecord: Right ofa proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent dated July 27, 1889, and recorded August 17, 1889, in Book 55 at Page 5, as Reception No. 031787. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between George Bargsten and Clare H. Bargsten and Richard Wright and Esther Wright, dated March 11, 1954, and recorded March 16, 1954, in Book 180 at Page 237, as Reception No. 100896. Terms, conditions, provisions, agreements and obligations specified under the Deed dated August 20, 1954, and recorded August 12, 1955, in Book 172 at Page 378, as Reception No. 102772. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between Richard Wright and Ester Wright and the Aspen Metropolitan Sanitation District dated May 29,1970, and recorded June 17, 1970, in Book 249 at Page 4, as Reception No. 140964. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric Association, Inc. Underground Right-of-Way Easement by and between George E. Shaw and Teena F. Shaw and Holy Cross Electric Association, Inc., dated August 31, 1993, and recorded September 02, 1993, in Book 723 at Page 134, as Reception No. 360720. Together with the following: Deed of Trust recorded October 5,2007 as Reception No. 542813, ofthe real estate records of Pitkin County, Colorado in favor of SREI Cottage Investments, LLC; and Deed of Trust recorded January 30,2008 as Reception No. 546196 and that certain Deed of Trust recorded February 11,2009 as Reception No. 556367, both in favor of Albers Family Limited Partnership, L.P. Dated: November~0 2010 , 1./7 -t=19-13.-sinMers, Arrorney Reg. No. 23551 BUS RE\3713707.1 Certificate and Disclosure of Ownership I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for SREI Cottage Mountain View, LLC, as Applicant, hereby certify that SREI Cottage Mountain View LLC is the record owner of the real property described as follows (the "Property"): PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One-Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thertee North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All iii Pitkin County, Colorado BlJS RE\3713707.1 I hereby further certify that as of the date hereof, the Property is subject to the following encumbrances of record: Right ofa proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent dated July 27, 1889, and recorded August 17, 1889, in Book 55 at Page 5, as Reception No. 031787. Tenns, conditions, provisions, agreements and obligations specified under the Agreement by and between George Bargsten and Clare H. Bargsten and Richard Wright and Esther Wright, dated March 11, 1954, and recorded March 16, 1954, in Book 180 at Page 237, as Reception No. 100896. Terms, conditions, provisions, agreements and obligations specified under the Deed dated August 20, 1954, and recorded August 12, 1955, in Book 172 at Page 378, as Reception No. 102772. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between Richard Wright and Ester Wright and the Aspen Metropolitan Sanitation District dated May 29,1970, and recorded June 17, 1970, in Book 249 at Page 4, as Reception No. 140964. Tenns, conditions, provisions, agreements and obligations specified under the Holy Cross Electric Association, Inc. Underground Right-of-Way Easement by and between George E. Shaw and Teena F. Shaw and Holy Cross Electric Association, Inc., dated August 31, 1993, and recorded September 02, 1993, in Book 723 at Page 134, as Reception No. 360720, Together with the following: Deed of Trust recorded October 5,2007 as Reception No. 542813, of the real estate records of Pitkin County, Colorado in favor of SREI Cottage Investments, LLC; and Deed of Trust recorded January 30,2008 as Reception No. 546196 and that certain Deed of Trust recorded February 11,2009 as Reception No. 556367, both in favor of Albers Family Limited Partnership, L.P. Dated: Novembe~9 2010 Catis B?tinders, Attorney Reg. No. 23551 BUS RE\3713707.1 ' LAND USE APPLICATION RECEIVED PROJECT: NOV 2 2 2010 Name: Mountain View Drive Condominiums CITY OF ASPEN Location: 1230 and 1232 Mountain View Drive. Aspen. ColoradcÂ¢~IMIJNITId}fiMMBMEijl!40 referred to as 1210 Mountain View Drive. Aspen, Colorado 81611) Parcel ID # (REQUIRED) 273501300014: Legal description of propertv set forth on Exhibit A attached hereto. APPLICANT: SREI Cottage Mountain View LLC Name: 123 Madison Street, Suite 103, Denver, Colorado 80206 Address: (303) 321-7997 Phone #: REPRESENTATIVE: Curtis B. Sanders, Sherman & Howard L.L.C. Name: 201 North Mill Street, Suite 201. Aspen, Colorado 81611 Address: Phone #: ' (970) 925-6300 TYPE OF APPLICATION: (please check all that apply): D GMQS Exemption O Conceptual PUD Il Temporary Use O GMQS Allotment Â¤ Final PUD (& PUD Amendment) U Te#Map Amendment Â¤ Special Review U Subdivision Â¤ Conceptual SPA D ESA -Â· 8040 Greenline, Stream X Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Â£ Coinmercial Design Review O Lot Split O Small Lodge Conversion/ Expansion O Residential Design Variance O Lot Line Adjustment Il Other: O Conditional Use EXISTING CONDITIONS: (description of existing bui Idings, uses, previous approvals, etc.) A new duplex residential structure has been constructed on the Property. The Property is not subject to any existing land use approvals. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Applicant proposes a condominiumization ofthe Property into two residential units, with each unit comprised of all ofthe land and improvements on each side ofa common boundary and party wall, Have you attached the following? FEES DUE: $735.00 X Pre-Application Conference Summary X Attachment # 1, Signed Fee Agreement N/AResponse to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Â£ 3-D Model for large project AllÂ·plans that are larger than f & 11" must be folded. A disk with an rie copy of all written text (Microsoft Word Format) must ue 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. -r SREI COTTAGE MOUNTAIN VIEW LLC By: ~*465*331 1 Mark C. Foster, Manager 1 1 - 1 1 - '169 e Date 2 BUS_RE\3713687.1 Exhibit A to Land Use Applica i (legal description of property) PARCEL, A: A tract of land situate in tlie Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner betiveen Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 fect to a point oftrue beginning; , Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 fect to the point of true beginning. PARCEL & 4 An undivided One-Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Begintling at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15'East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence Not-tli 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' West 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' lia.st 308 feet; Thence South 89 degrees 30' East 167 feet to the point oftrue beginning. Together with and including a perpetual right of access to aud from the subject property and Mountain View Drive, over, across and along the roadway described under Parcel C above. All in Pitkin County: Colorado. 3 BUS_RE\3713687.1 i. LAND USE APPLICATION PriOJECT: Name: Mountain View Drive Condominiums Location: 1230 and 1232 Mountain View Drive, Aspen. Colorado 81611 (sometimes also referred to as 1210 Mountain View Drive, Aspen, Colorado 81611) Parcel ID # (REQUIRED) 273501300014: Legal description of property set forth on Exhibit A attached hereto. APPLICANT: SREI Cottage Mountain View LLC Name: 123 Madison Street, Suite 103, Denver. Colorado 80206 Address: (303) 321-7997 Phone #: REPRESENTATIVE: Curtis B. Sanders, Sherman & Howard L.L.C. Name: 201 North Mill Street Suite 201. Aspen. Colorado 81611 Address: (970) 925-6300 Phone #: TYPE OF APPLICATION: (please check all that apply): 0 GMQS Exemption O Conceptual PUD Il Temporary Use Â¤ GMQS Allotment O Final PUD (& PUD Amendment) O Text/Map Amendment O Special Review 0 Subdivision O Conceptual SPA Â¤ ESA-8040 Greenline, Stream X Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Â¤ Commercial Design Review O Lot Split O Small Lodge Conversion/ Expansion O Residential Design Variance Â¤ Lot Line Adjustment O Other: O Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A new duplex residential structure has been constructed on the Property. The Property is not subject to anv existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes a condominiumization of the Property into two residential units. with each unit comprised of all of the land and improvements on each side of a common boundary and party wall. Have you attached the following? FEES DUE: $735.00 X Pre-Application Conference Summary X Attachment #1, Signed Fee Agreement N/AResponse to Attachment #3, Dimensional Requirements Form O Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 3-D Model for large project BUS_RE\3713687.1 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) mus submitted as part of the application. - :e scale projects should include an electronic 3-D model. Your application conference summary will cate if you must submit a 3-D model. + SREI COTTAGE MOUNTAIN VIEW LLC ByÂ·Â·74*44;:31% Mark C. Foster, Manager 11.11 -101 e Date 2 BUS_RE\3713687.1 Exhibit A to Land Use Application (legal description of propert: PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; -Ihence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; The.nec South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One-Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' West 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. Together with and including a peIpetual right of access to and from the subject property and Mountain View Drive, over, across and along the roadway described under Parcel C above. All in Pitkin County, Colorado. 3 BUS_RE\3713687.1 # SR-EI C TAGE MOUNTAIN V :W LLC t 123 Madison Street, Stiitc 103 Denver, CO 80206 Tel. (303) 321-7997 November 21, 2010 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Dear Sir or Madam: I am writing as Manager of SREI Cottage Mountain View LLC to authorize Curtis B. Sanders and the law firm of Sherman & Howard L.L.C. to act as the agent for and representative of Chase Aubrey, LLC in all matters related to and in connection with an application for condominiumization pursuant to Section 26.480.090 of the City of Aspen Municipal Code, with respect to certain real property owned by SREI Cottage Mountain View LLC and legally described on Exhibit "At' attached hereto and made a part hereof. The address and phone number of the company's agent is as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 201 North Mill, Suite 201 Aspen, Colorado 81611 Please contact me if you have any questions. Thank you. SREI COTTAGE MOUNTAIN VIEW LLC, a Colorildo.limited liability company By.. ./'/44 el rl{&4% Mark C. Poster, Manager BUS_RE\3713695.1 Exhibit A (Legal Description) PARCEL A: A tract o f land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South. Range 85 West o f the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; 1-hence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point oftrue beginning. PARCEL B: An undivided One-Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South5 Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; ~i hence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; 1-hence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All in Pitkin County, Colorado. BUS RE\3713695.1 SREI COTTAGE MOUNTAIN VIEW LLC 123 Madison Street, Suite 103 Denver, CO 80206 Tel. (303) 32 1-7997 November 21. 2010 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Dear Sir or Madam: I am writing as Manager of SREI Cottage Mountain View LLC to authorize Curtis B. Sanders and the law firm of Sherman & Howard L.L. C. to act as the agent for and representative of Chase Aubrey, LLC iii all matters related to and in connection with an application for condominiumization pursuant to Section 26.480.090 of the City of Aspen Municipal Code, with respect to certain real property owned by SREI Cottage Mountain View LLC and legally described on Exhibit "A" attached hereto and made a part hereof. The address and phone number of the company's agent is as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 201 North Mill, Suite 201 Aspen, Colorado 81611 Please contact me if you have any questions. Thank you. SREI COTTAGE MOUNTAIN VIEW LLC, a Coloradolimited liability company Ad r \Le#ff-Lf Mark C. toster, Manager BUS RE\3713695.1 Exhibit A (Legal Description) PARCEL A: A tract of land situate in the Southwest Quarter of Section 15 Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West ofthe Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; I hence North 6 degrees 30' East 100 feet; fhence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One-Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All in Pitkin County, Colorado. BUS_RE\3713695.1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for ment of City of Aspen Development ..,.,,lication Fees CITY OF ASPEN (hereinafter ClrifY) and SREI Cottage Mountain View [IC (hereinafter APPLICANT) AGREE AS FOLLOWS: a. APPLICANT has submitted to CITY an application for Condominiumization pursuant to City of Aspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT). b. 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. c. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this tillie to ascertain the full extent of the costs involved iii processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity 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. d. 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. e. 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 $735.00 which is for three (31 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 $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days ofthe 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 APPLICANâ‚¬~L- (Â£ 61Â£, 44Â£Â·Â£*~9 (kid Â£,oz By: By: *~6Â»~ Chris Bendon Community Development Director Date: // - 2 1 - 3 0/0 Billing Address and Telephone Number: c/o Mark C. Foster, 123 Madison Street, Suite 103 Denver, Colorado 80206 (303) 321-7997 BUS_RE\3713686.1 CITY OF ASPI COMMUNITY DEVEL.OPMEN EPARTMENT Agreement for Payment of Citv of Aspen Development Application 'Fees CITY OF ASPEN (hereinafter CITY) and SREI Cottage Mountain View LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: a. APPLICANT has submitted to CITY an application for Condominiumization pursuant to City ofAspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT). b. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land LIse applications and the payment of all processing fees is a condition precedent to a determination of application completeness. c. 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 invol'ved in processing the application. A-PPLICANT and CITY further agree that it is ill 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. d. 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. e. 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 $735.00 which is for three (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 $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APP.LICANT 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 APPLICAN'fIRCE, C. tfn) i. /tictoi.~ t>. 24 L/Â£43' By: Chris Bendon Community Development Director Date: // - 2 2 - -1,010 Billing Address and Telephone Number: e/0 Mark C. Foster, 123 Madison Street, Suite 103 Denver, Colorado 80206 (303) 321-7997 BUS_RE\3713686.1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER Jennifer Phelan, 429-2759 DATE: 9.22.10 PROJECT: 1210 Mountainview Drive, Condominiumization REPRESENTATIVE: David Hailey OWNER: Chase Aubry LLC DESCRIPTION: The Applicant is pursuing Condominiumization for the property located at 1210 Mountainview Drive. The subject site is a recently completed duplex and now the owner is prepared to create a condominium ownership for the two existing dwelling units. Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 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 $245 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: 2 paper copies of the draft plat 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. lonly pages 3 and 4 of the link below) 5. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf 6. Pre-application Conference Summary. 7. Letter authorizing owner representation. 8. Proposed condominium plat. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above). 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. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER Jennifer Phelan, 429-2759 DATE: 9.22.10 PROJECT: 1210 Mountainview Drive, Condominiumization REPRESENTATIVE: David Hailey OWNER: Chase Aubry LLC DESCRIPTION: The Applicant is pursuing Condominiumization for the property located at 1210 Mountainview Drive. The subject site is a recently completed duplex and now the owner is prepared to create a condominium ownership for the two existing dwelling units. Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 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 $245 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: 2 paper copies of the draft plat To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. lonly pages 3 and 4 of the link below) 5. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf 6. Pre-application Conference Summary. 7. Letter authorizing owner representation. 8. Proposed condominium plat. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above). Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0074 Â· 30(0 Â· 74$ 1-01 .Imilwl Elle Edit Record Navigate FQrm ReporM Format Tab Belp 1@@IX)<,74"40iggÂ®9<dd'~iN 4 > 40@gilumpl :*~iOI@~ i,14& Cle' 4 le e u 3 3 3 .Ii.2. 9% 0 4 91 f ~ Rogting 5tatus | Fees |Fee SurnmarY ~am~ Actions |Attachments| Routing tlistory | Yaluation |Arch/Eng |Custom Fields |5ub Eermits 1 ) ~ Permit type aslu ~* Aspen Land Use Permit # 0074.2010.ASLU L ~ Address 1230 AND 1232 MOUNTAIN VIEW DR Apt/5uite 18 F City ASPEN state ~EÂ·71 Zip 81611 E .SE; ~ 2 Permit Informabon . T , Master per Int Â·Â· Â· Routing queue aslu07 Applied 11/29/2010 Â· Project Status pending Approved 12 Description APPLICATION FOR CONDOMINIUMIZATION - SUBDIVISION EXEMPTION Issued '+ Final , Submitted CHRIS 8 SANDERS 925 6300 clock ~Gmi-~ Days FI31 Expires 11 242011 t , Submitted via Owner *94 41. ;4 Last name MOUNTAIN VIEW CONDOS Â·Â· First name Phone () - Address - Applicant 0 Owner is applicant? Il Contractor is applicant? Last name TAGE MOUNTAIN VIEW, LL First name 123 MADISON ST 103 Phone (303) 321-7997 Cust # 28938 ~'' Address DENVER CO 80206 Â· 2 Last name Â·Â· First name 0- Phone () - Address Displays the permit lender's address "AspenGold5 (servell--angela: 9 1 oil --- ,:i t (1 -tr- 120 q Avvk 41,60 6-3 --f \rfi- 2" 7 & 6Â¢txiff sdno,g ........ f*Â»Â»-#~ll VO CONDOMI N I UM MAP OF MOUNTAIN VIEW DRIVE CONDOMINIUMS THE PURPOSE OF THIS MAP IS TO PROVIDE FOR THE CREATION OF UNIT A AND UNIT B, %-1 0Â»?F q--u ejÂ«' C 1- - 20 MOUNTAIN VIEW DRIVE CONDOMINIUMS, AS SHOWN HEREON. 44).BULJ CERTIFICATE OF OWNERSHIP AND ~ED I CAT I Ol~~Â·00~ 0 20 40 A TRACT OF LAND SITUATED IN THE SW 1/4 OF SECTION 1, TOWNSHIP 10 S, RANGE 85 W KNOW ALL PERSONS BY THESE PRESENTS THAT SRPi-â‚¬0*Â·*AGE-liOUNTAIN VIEW LLC, A COLORADO L I MI TED L I ABI L I TY COMPANY OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO BEING THE RECORD OWNER OF THE CERTAIN LANDS IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: A PARCEL A CONTAINS 0.397 ACRES +/-, 17,287 SQ, FT. +/- PARCEL A: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS BEGINNING AT A POINT WHENCE THE QUARTER SECTION CORNER BETWEEN SECTIONS 11 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN OF THE KIMBERLY SURVEY, BEARS SOUTH 14'20' WEST 2498 FEET; LEGEND AND NOTES THENCE SOUTH 85'15* EAST 1085 FEET; THENCE NORTH 6'30' EAST 306 FEET TO A POINT OF TRUE BEGINNING; THENCE NORTH 85'15' WEST 167 FEET; , ~ FOUND OR SET (RED 25947) SURVEY OR MONUMENT AS DESCRIBED THENCE NORTH 6'30' EAST 100 FEET; THENCE SOUTH 89'30' EAST 152 FEET; THENCE SOUTH 6'30 WEST 28 FEET; 0 0 e WOOD FENCE THENCE SOUTH 89'30' EAST 15 FEET; LOT 1 THENCE SOUTH 6'30' WEST 85 FEET TO THE POINT OF TRUE BEGINNING. RED BUTTE EAST SUBDIVISION SURVEY CONTROL PARCEL B: O UTILITY BOX AN UNDIVIDED ONE QUARTER INTEREST IN AND TO A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 1, Â® WATER VALVE TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: OVERLAP~ MANHOLE BEGINNING AT A POINT WHENCE THE QUARTER CORNER BETWEEN SECTIONS 11 AND 12, SAID TOWNSHIP AND RANGE, OF THE KIMBERLY SURVEY BEARS SOUTH 14'20' WEST 2498 FEET; RE-BAR Qg COLUMN (TYPICAL) THENCE SOUTH 85'15' EAST 1085 FEET; / \ THENCE NORTH 6'30' EAST 390 FEET TO A POINT OF TRUE BEGINNING; THENCE NORTH 89'30' WEST 15 FEET; , â€¢ WW WINDOW WELL REBAR IN CONC. THENCE NORTH 6'30 EAST 28 FEET; 2.99 -AGGE-551*5Â®iRm> PARCEL -C- 15.8 SLANTED TEXT DENOTES BUILDING TIE THENCE SOUTH 89'30' EAST 15 FEET; CUT UTILITY POLE LUM 33645 YELLOW 9018, USED TO ESTABLISH THENCE SOUTH 6'30 WEST 28 FEET TO THE POINT OF TRUE BEGINNING. S 89'30-E 152' 2 ~8 RED 25947 FENCE LINE. 7824.5 TITLE INFORMATION FURNISHED BY: PARCEL C: EAST BOUNDARY LINE FITS PARCEL "A" 7 THE OWNER OF LOT 1 BLACK BIRCH A RIGHT OF INGRESS AND EGRESS OVER A TRACT OF LAND DESCRIBED AS FOLLOWS: ~ 99.75 52.25 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC COMMITMENT NO. PC20 I 009008 I 72 STATED THERE USED TO BE A CORNER FILE NO. PC09002678 0 1/4 INTEREST AT THIS LOCATION DATED: 9/16/2010 BEGINNING AT THE NORTHEAST CORNER OF PARCEL B ABOVE; i /)74 0 177 PATIO |,k PARCEL -B- THENCE NORTH 6'30* EAST 12 FEET; LOT 1 THE KIMBERLY 1/4 CORNER CALLED FOR IN THE DEED THENCE NORTH 89'30 WEST 179 FEET; BLACK BIRCH ESTATES IS LOST THENCE SOUTH 6'30' WEST 320 FEET; 0 Z 199 THENCE SOUTH 85'15' EAST 12 FEET; FOUND MONUMENTS FIT POORLY WITH EACH OTHER THENCE NORTH 6'30' EAST 308 FEET; OVERLAP .THENCE SOUTH 89*30' EAST 167 FEET TO THE POINT OF TRUE BEGINNING, 0 O / 9. 4 PUMP 2 elch 2/.8 HOUSE RE-BARS IN CONCRETE ARE BELIEVED TO BE ORIGINAL 17 4. 2/.St'* 07 W. PARCEL -C- DESCRIPTION OVERLAPS ADJOINING SUBDIVISIONS WITH ALL IMPROVEMENTS, APPURTENANCES, AND FACILITIES THERETO AND NOW OR HEREAFTER THEREON TO PAT/0 - Y LLOW 12707 MONUMENTS SET FOR BLACK BIRCH , HAS CAUSED SAID REAL PROPERTY TO BE LAID OUT, CONDOMINIUMIZED AND SURVEYED AS UNIT 2594< - i A AND UNIT B, MOUNTAIN VIEW DRIVE CONDOMINIUMS, A PART OF THE CITY OF ASPEN, COUNTY OF PITKIN, r STATE OF COLORADO, AND THAT SAID OWNER DOES HEREBY SUBMIT SAID REAL PROPERTY, TOGETHER S 89'30'E 15.00 1 CONDOMINIUM OWNERSHIP UNDER THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. SECTION 38-33.3-101, Sn---- --~ 400 17.4 UNITA 1 4 6~03*ED-*DDRESS:-12 - , ET SEQ.,AS THE SAME MAY BE /.MENDED FROM TIME TO TIME AND HEREBY I MPOSES UPON ALL THE REAL I -7-13 LOT 1 0 0~ 4--l 4, 7 9 w e AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR MOUNTAIN VIEW DRIVE CONDOMINIUMS PROPERTY THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS, USES, LIMITATIONS WEST MEADOW SUBDIVISION /6. 7 l 3,2 RECORDED IN THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO ON THE - DAY OF Q * 0-L- L - UNDER RECEPT I ON NO. , TOGETHER WITH ANY AMENDMENTS OR SUPPLEMENTS THERETO, e UNIT B WHICH DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BENEFIT AND BURDEN TO ITS OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS. SIGNED THIS DAY OF 2010. O 22 3/ 2 to 00 BY: 16.7 m r 2 MARK C. FOSTER, MANAGER 4. CONCRETE . - ' ~ * STATE OF COLORADO ) 2.8 - 14.3 00- n \ 1 / COUNTY OF PITKIN ) 23.9 f sw 140 --- 1. i- 252-ee-*d-'- COMMON DRIVEWAY 22.9 0 - 61- , THE FOREGOI NG OWNER 'S CERT IFI CATE OF OWNERSHI P AND DEDICATI ON WAS ACKNOWLEDGED BEFORE ME THIS- DAY EASEMENT FOR THE OF 2010 BY MARK C. FOSTER AS MANAGER OF SREI COTTAGE MOUNTAIN VIEW LLC, A COLORADO LIMITED ~ BENEFIT OF UN;T B 0 - LIABILITY COMPANY. Â° 0\A*- A '\ i sol>ok.Â·ade <1 CONCRETE DRIVEWAY a .. REBAR IN CONC. MY COMMISSION EXPIRES: ASPHALT NOTARY PUBLIC KNOW ALL PERSONS BY THESE PRESENTS THAT ALBERS FAMILY PARTNERSHIP, L.P., BEING A MORTGAGEE OF THE Â·'-~POND~ ~ 14 /> ./\ - 4 HEREI N DESCRIBED REAL PROPERTY PER THE DEED OF TRUST RECORDED JANUARY 30, 2008 AS RECEPT I ON NO. 546196 AND THAT DEED OF TRUST RECORDED FEBRUARY 11, 2009 AS RECEPTION NO. 556367, OF THE REAL ESTATE Â· Â· -,irc-77.48. â‚¬>30 D#kh,- ALBERS FAMILY PARTNERSHIP, L.P. RECORDS OF PITKIN COUNTY, COLORADO HEREBY CONSENTS TO THE RECORDING OF THIS CONDOMINIUM MAP. N 85'15 W 167' BASIS OF BEARINGS YELLOW 13166 ITS: 89.52 FOUND REMANENTS OF OLD WIRE FENCE ~ ~ YELLOW *3162 BEARINGS HELD TO CONFORM TO ADJOINERS LOT 2 STATE OF COLORADO ) 25947 WITH SPIKE LAYING ON THE GROUND BY: ESTABLISHES SOUTH BOUNDARY OF 2010, BY AS GENERAL PARTNER OF ALBERS FAMILY CULVERT -POINT OF TRUE BEGINNING' BLACK BIRCH ESTATES , S. Col.INTY OF PITK IN ) THE FORE30ING MORTGAGEE S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY ~ ~ ~DRIVE PARTNERSHIP, L.P. MY COMMISSION EXPIRES: 0/ NOTARY PUBLIC NE , CORNER SEC . 12 ~ ,~4~ 1954 81-tl BRASS CAP 4/ TI TLE CERT 'FI CATE 9 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LU Z ~z LLC, REGULARLY DOING BUSINESS IN PITKIN COUNTY COLORADO HEREBY CERTIFIES THAT CHASE AUBREY, LLC r HOLDS FEE S I MPLE TITLE TO THE PROPERTY DESCR I BÂ¢iD HEREON, FREE AND CLEAR OF ALL MONETARY L I ENS AND LU 8'2 ENCUMBRANCES EXCEPT FOR THOSE IDENTIFIED HEREON. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS CONDOMINIUM MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR I'& AN OP INIONOFTI TLE, NOR A GUARANTEE OF TI TLE, AND ITIS UNDERSTOOD AND AGREED THAT ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLI GAT IONORLIABILITY WHATSOEVER ON ANY STATEMENT CONTAI NED HERE IN. EDGE OF PAVEMEN 0 LU BY: W ** ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC DEDICATED TO PUBLIC USE AS 4 0,0, EXTENSION OF MOUNTAIN VIEW DRIVE A. N N ITS: WA K N- > STATE OF COLORADO ) MOUNTAIN VIEW DRIVE (0 -11 ) 88 COUNTY OP PITKIN ) *E 2010 BY AS OF ATTORNEYS TITLE INSURANCE THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF r AGENCY OF ASPEN, LLC. X MY COMMISSION EXPIRES ~DGE OF PAVEMEN W. 1/4 CORNER SEC. 12 I--400 VICINITY MAP 1954 BLM BRASS CAP NOTARY PUBLIC SURVEYOR'S CERTIFICATE 1, JOHN M. HOWORTH, HEREBY CERTIFY THAT A SURVEY WAS PERFORMED DURING . 2010 UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE BUILDING SHOWN HEREON WAS FOUND TO BE LOCATED THEREON, AS SHOWN ON THIS CONDOMINIUM MAP. THE LOCATION AND DIMENSIONS OF THE UNITS TO BE PLACED ON FINAL VERSION ARE ACCURATELY SHOWN ON THIS CONDOMINIUM MAP, AND THE CONDOMINIUM MAP ACCURATELY AND SUBSTANTIALLY B DEPICTS THE LOCATION AND DIMENSIONS oF THE BUILDING AND UNITS. ALL SURVEY RELATED EASEMENTS ON THE PROPERTY AS LISTED IN ATTORNEY'S TITLE INSURANCE AGENCY OF ASPEN, LLC, COMMITMENT FOR TITLE INSURANCE COMMITMENT NO. PC200904002064 FILE NO. PC09002678 DATED: SEPTEMBER 16, 2010 ARE SHOWN HEREON. SURVEY PRECISION GREATER THAN I : 10,000. CHURCH SIGNED: PARKING JOHN M. HOWORTH, P.L.S. 25947 ASPEN CITY ENGINEER'S APPROVAL: THIS CONDOMINIUM MAP OF MOUNTAIN VIEW DRIVE CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN ENGINEER THIS DAY OF 2010. LOT 5 By: CITY ENGINEER WEST MEADOW SUBDIVISION COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: m THIS CONDOM INIUM MAP OF MOUNTAI NVIEWDRIVE CONDOMI NI UMS WAS APPROVED BY THE COMMUN ITY DEVELOPMENT . 2 DIRECTOR OF THE CITY OF ASPEN, COLORADO, SIGNED THIS DAY OF 2010. f BY: COMMUNITY DEVELOPMENT DIRECTOR CLERK AND RECORDERS ACCEPTANCE: THIS CON)OMINIUM MAP OF MOUNTAIN VIEW DRIVE CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO THIS DAY OF 2010 IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS PHONE/FAX (970) 925-3816 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE DATE JOB 11/10 28 I 55C 0 0 0 0 0 0 0 0 CTRIC EASEMENT 06'30'66 PARCEL -C N 0 30' 1 11Â»jut- EDGE OF PAVEMENT -~ EDGE OF PAVEMENT BE