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Home My WebLink Aboutcoa.lu.co.322 & 326 w smuggler 0041.20110041.2011.ASLU 322 & 326 W. SMUG CONDOM INUMIZATION PARCEL # 2735 12 41 5 002 LAR • 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0041.2011.ASLU 2735 12 41 5 002 322 & 326 W. SMUGGLER ST AMY GUTHRIE CONDOMINUMINZATION CHRIS SMUGGLER INVESTMENTS 6.22.11 CLOSED BY ANGELA SCOREY ON: 06.27.11 �2 2- N-ASL-Clf J r --. 4 File EdIt Record Navigate Form Reports Format Tab Help a Rabg Status Fees Fee Summary Man AcGorrs Attachments RDA Ffetory Yaluetion ArcNErg Custom Fields Sub Permits Parcek rr Pemi type �� Permi t a H Address 332 'Vv SMUGGLER ST AptAb $ ASPEN gape 0 jp 1611 P x Permit Information Master permit RD* queue ® Appied oProject Status ""�J Approved H Description Condominwmization jsjed JW RW IW Submitted lChris 925.1936 cock �7tq Days 6j Expires I26I1012 • Submitted via �® Owner Last name MUGGLER NVESTMIENTS ••• First name 2 WAM PLACE 6120 S YALE AYE 813 Phone _ Address TLLSA OH 74136 Applicant 0 Owner i appieant? p Cutab is applicant? Last name MUGGLER INVESTMENTS �- Rg name PLACE 6120 S YALE AVE Phone _Gust# 8076 Address L74,36 Lender Last name ••• Fnst name 3 Phone ;) Address Enter the permit lendei s last name or company name 1-,-.ec5 73S-w — AspenGoO (servff) angelas Hi i • 0 Lj THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 1, 2011 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 0041.201 LASLU E. Cooper. The planner assigned to this case is Amy Guthrie. ❑ 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: 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. Th You, Jennifer Phel , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No)C_ Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No K Commercial E.P.F. RECEIVED MAY 2 6 2011 CITY OF P,!�>PEN CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT r'`OMMUNITY DEVELOPMENT Agreement far Pnvment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 5 tn0616rL V— NU tit' (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPL CANT has submitted to CITY nu a licnttou for �41��N1 �L!��s t�1 � fl EN ` Q C �� J�wns_._ t �S�Qeni II� {4� II� , ucreunnfter, THE PROJECT). IXLD* �{p �Q il�S A�d Ltl A'C� Ctt� 2, APPLICANT understands and agrees that file City of Aspen has an adopted fee structure for Laud Aye` j Use applications and the payment of all processing fees is a condition precedent to n determination of application completeness. 3. APPLICANT and C1TY agree that because of the size, nature or scope of the proposed project, h is not possible at this time to nscertaln the frill 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 on initinl deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accnte fallowhig their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will mnke 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 frill costs to process APPLICANT'S application. d. CITY and APPLICANT further ngree flint 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 $ 7, SoL= which is for hours of Community Development stnfT time, and if actual recorded costs exceed the Initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse file CITY for the processing of the application mentioned above, including post approval review at n rate of $2,15.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT ftirther 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 associn(ed with case processing have been paid. CITY Or ASPEN By: Chris Bendon Community Development Director APPLICANT y -5,)'Ig IA�cs�-MPA L. LC_ B : �-- �an Rio ti, Q�N Date: Billing Address ni d Telephone Number: zn AVc . si f—,sa ^7 y t3 ca ,I, SMUGGLER INVESTMENTS, LLC ARVEST BANK 1476 TWO WARREN PLACE 502 S. MAIN MALL 6120 S. YALE.'STE 813 TULSA, OK 74103 :TULSA, OK.74136 - _ - - 8&1297/1031 5/20/2011 'PAY TO THE —735.00ORDER OF I u 1' �I Di'i*�(%/11 vL wW-1 jl�c✓� /+.� - — -- --.. Seven Hundred Thirty -Five and 00/100r+++r.x•rxxrw+•arrtrr+++rrxa•xa«rrxrrrrx+x•a+arr+r•rr•+r+rrxr+x•rwr+xx+xa++++++a+++x ------- DOLLARS -- Seonny leu*nre h UN,�3 a• Oat 326 Permitting MEMO.- yr .._. .----%--.. AU7HOF12[p SIGNATI!RE n'001476u• i:103112976e: 00314913047u• SMUGGLER INVESTMENTS, LLC H2 - Permits Arvest Bank Checking 326 Permitting 1476 5/20/2011 735.00 735.00 ASPEN OFFICE Victorian Square 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 BY HAND Ms. Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com May 27, 2011 R E Ce F RIED MAY 2 6 2011 CITE' C4, -,SPEN COMMUNITY DEVLLOPMENT Christopher J. LaCroix Aspen Office clacroix@a garfieldhecht. com RE: APPLICATION FOR CONDOMINIUMIZATION OF LOTS M, N, AND O, BLOCK 40, CITY AND TOWNSITE OF ASPEN AND LOTS 10, 11 AND 12, BLOCK 40, HALLAM'S ADDITION TO THE CITY OF ASPEN Dear Jennifer: Smuggler Investments, L.L.C. a Colorado limited liability company ("Applicant"), respectfully submits this letter as part of its condominium application seeking approval to condominiumize Lots M, N, and O, Block 40, City and Townsite of Aspen and Lots 10, 11 and 12, Block 40, Hallam's Addition to the City of Aspen (the "Property"). The following information is required by Aspen Land Use Code sections 26.304.030 B., and 26.480.090: • Name of Applicant: Smuggler Investments, L.L.C. a Colorado limited liability company. • Applicant's address: 6120 So. Yale Ave., Ste. 813, Tulsa, OK 74136. Attn: Stan Johnson, Manager. • Applicant's telephone number: (918) 494-2690. • Name, address and telephone number of representative authorized to act on behalf of Applicant: Chris LaCroix, Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611, tel.: (970) 925-1936, fax: (970) 925-3008. • Street address of property: 322 and 326 W. Smuggler, Aspen, Colorado 81611. Aspen • Avon • Basalt • Glenwood Springs • Rifle ® Printed onrecycled paper 11 GARFIELD & HECHT, P.C. Ms. Jennifer Phelan May 27, 2011 Page 2 • Legal description of property: Lots M, N, and O, Aspen and Lots 10, 11 and 12, Block 40, Hallam' County of Pitkin, State of Colorado. Block 40, City and Townsite of s Addition to the City of Aspen, • Parcel identification number of Property: 273512415002. Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the West Smuggler Condominiums. Also enclosed herewith please find the following: (i) A check payable to the Aspen/Pitkin Community Development Department in the amount of $735.00 for the Total Deposit for the review of the Application; (ii) Current commitment for title insurance issued by Land Title Guarantee Company showing Applicant as the owner of the Property; (iii) City of Aspen Land Use Application Form; (iv) Agreement for Payment of City of Aspen Development Application Fees; (v) The Pre -Application Conference Summary dated 4.20.11; (vi) Letter signed by Applicant authorizing this firm to submit this Application; and (vii) A draft of the proposed condominium map which includes a vicinity map locating the parcel within the City of Aspen. Thank you in advance for your consideration. Please contact me once you have had a chance to review the enclosed materials. Very truly yours, GAtoetJ. & HECHT, P.C. By: ChrLaCroix Enclosures Copy to: Stan Johnson (via e-mail) ® Printed on recycled paper 9 • Land Title Guarantee Company Date: 05-25-2011 Land Title Our Order Number: Q62003996-2 GUARANTEE COMPANY www..TGC. CON Property Address: 326 WEST SMUGGLER STREET ASPEN, CO 81611 RECTIVED Buyer/Borrower: MAY 2 S Seller/Owner: CITY ' , ; SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPAN)OMMUNIT w!=' Al Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Kate Staskauskas Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) Deletion of Standard Exception(s) (Owner) $50. 00 Tax Report $25. 00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. loam CONTACT 06/04 TOTAL � I THANK YOU FOR YOUR ORDER! 0 • Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62003996-2 Schedule A Cust. Ref.: Property Address: 326 WEST SMUGGLER STREET ASPEN, CO 81611 1. Effective Date: May 17, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION w i LEGAL DESCRIPTION Our Order No: Q62003996-2 NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. LOTS M, N AND 0, BLOCK 40, CITY AND TOWNSITE OF ASPEN AND LOTS 10, 11 AND 12, BLOCK 40, HALLAM'S ADDITION TO THE CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO TO BE KNOWN AS: WEST SMUGGLER CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT BOOK _ AT PAGE AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR WEST SMUGGLER CONDOMINIUMS RECORDED UNDER RECEPTION NO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62003996-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. AMENDED CONTRACT ASSIGNING A COLORADO LIMITED LIABILITY COMPANY AS BUYER. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. A FULL COPY OF THE OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF , A COLORADO LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: SAID STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. RECORD DULY EXECUTED AND ACKNOWLEDGED MAP OF SUBJECT PROPERTY. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. RECORDATION OF THE DECLARATION FOR SUBJECT PROPERTY. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62003996-2 Continued: A FULL COPY OF THE OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: SAID STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 9. RELEASE OF LIEN AS EVIDENCED BY THE STATEMENT OF IN THE AMOUNT OF 10. WARRANTY DEED FROM SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY TO , A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: AFFIDAVIT/STATEMENT OF AUTHORITY FOR SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY RECORDED MAY 15, 2006 UNDER RECEPTION NO. 524076 DISCLOSES STAN L. JOHNSON AS MEMBER(S) WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62003996-2 Continued: AN APPROVED MAP. MATTERS DISCLOSED BY SAID CONDOMINIUM MAP MAY BE ADDED TO SCHEDULE B-2 HEREOF. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY, WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF , A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS. ITEMS 7A AND 7B ARE HEREBY DELETED. 11. COPIES OF THE FOLLOWING DOCUMENTATION MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY IN ORDER TO DELETE STANDARD EXCEPTION 4: A. FINANCIAL STATEMENTS FROM SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AND THE MEMBERS OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY. B. THE "AS PROPOSED" APPRAISAL. C. THE CONSTRUCTION BUDGET (COST BREAKDOWN). D. EXECUTION OF THIS COMPANY'S INDEMNITY AGREEMENT BY SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AND THE MEMBERS OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AND THE GENERAL CONTRACTOR FOR THE PROJECT. L� ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62003996-2 Continued: NOTE: ADDITIONAL REQUIREMENTS MAY BE MADE AFTER RECEIPT AND REVIEW OF THE ABOVE INFORMATION. DELETION OF STANDARD EXCEPTION 4 IS SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF THE POLICY TO BE ISSUED. 12. LAND TITLE GUARANTEE COMPANY REQUIRES A COPY OF THE CERTIFICATE OF OCCUPANCY PRIOR TO CLOSING. • ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62003996-2 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. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF 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 RECORDED JUNE 08, 1888, IN BOOK 55 AT PAGE 2. 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED OCTOBER 14, 1890 IN BOOK 79 AT PAGE 22, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION RECORDED MAY 21, 2008 UNDER RECEPTION NO. 549387. 11 EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE CONDOMINIUM MAP OF WEST SMUGGLER CONDOMINIUMS RECORDED IN PLAT BOOK AT PAGE • 0 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62003996-2 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: 12. CONDOMINIUM DECLARATIONS FOR WEST SMUGGLER CONDOMINIUMS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED , UNDER RECEPTION NO. 13. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. • LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes DDue listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The 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: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Relations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time o recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitmen from the Owner s Pollicy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanics and material-men's liens. D) The Company must receive payment of the appropriate premium. E If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a 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 inc ude the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrau knowingly or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of of or or attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 0 0 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form P=.POL.ORT Commitment to Insure y # ALTA Commitment - 2006 Rev. T OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable y y consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South p Minneapolis, Minnesota 55401 ap-TlTZF�'., ', 0 (612) 371-1111 - ` ZAMfAICAN A orized Sign ture �y{V LAND TITI-E _J *m: g ; * ASSOCIATION * * * Duo,` CC.ORT.06 r • ATTACHMENT 2 —LAND USE APPLICATION PROJECT: RECEIVED MAY 2 6 2011 CITY Ut- P.SPI;N COMMUNITY Name: SMJ r loxk �MeA-6 _L-C.. P T SMU,,(ppS CA►�Oc��tN tV Location: 3-2-2- -a 326 W . StAQ Jer �5 eti Lch � N.C7 1 `A6 c.4 Io la Indicate street address, lot & block number, legal description where appropri A Parcel ID # REQUIRED 'a 1 I S Q p 0PLICANT: Name: S/M le-1 AOtS I,.. L. C� - Address: (DJ 26 SO A #kLE RQc. S-�O_ S l3 � Q� Phone #: @6`6 `� t 3G REPRESENTATIVE: Name: 1� � �(' `O�tl ^�. (' P• c, Address: -7 t l J►'� A�� //--✓"Ci eJ�� (,O Phone #: o�i S — L� 3 ICJ y- �-k TYPE, OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) '�\Arb fte A �&nuA6 ROPOSAL: (description of proposed buildings, uses, modifications, etc. w t4 1 Z JQ Pro N�4 OA413 wn.� 9ve you attached the following? FEES DUE: Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form �Jt ❑ Response to Attachment #4, Sub ittal Requirements- Including ritten Responses to Review Standards P/N ❑ 3-D Model for large project �lfir 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 3-13 model. Your pre -application conference summary will indicate if you must submit a 3-13 model. i CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: 4.20.11 PROJECT: 322 W. Smuggler REPRESENTATIVE: Chris LaCroix, Garfield and Hecht, P.C. TYPE OF APPLICATION: Condom iniumization. DESCRIPTION: The Applicant would like to condominiumize the property located at 322 W. Smuggler. Currently, the property is close to completing the development of two detached residences on the site. To develop individual ownership interest in each building the property needs to be condominiumized. Below is a link to the Land Use application Form for your convenience: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/Ianduseappform.pdf Below is a link the Land Use Code for your convenience: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condom iniumization Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at $245/hour Referral Fees: None Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) 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. �J 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 necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 0 SMUGGLER INVESTMENTS, L.L.C. 6120 So. Yale Ave., Ste. 813 Tulsa, OK 7413f May 26, 2011 Ms, Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Ms. Phelan, On behalf of Smuggler Investments, L.L.C., a Colorado limited liability company ("Smuggler"), please accept the enclosed Application for Subdivision Exemption for Condominiumization. Smuggler's representative in this matter is our attorney, Christopher LaCroix, Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at (970) 925-1936 or by email at clacroix a gatfieldhecht.coiu Sincerely, Smuggler Investments, L.L.C. By: 744U, S an J Anson, Manager Copy to; Chi -is LaCroix 0 0 • FaAa p tiar aw . IM= N' -4//e Condomin um flap of y1�1D °�%' �Yest P�S'muqgler r, ""WomZrzZums Lots M,, N, and O, Block --,tO, City and Townsile of ,4spen, i Lols >O, », and 122, Hallam s 4dditibn to the City of ,Ispen, the City of ,4spen, County of Pilkin, ,Stale of Colorado The purpose of this Afap is to show the conarominiumized ownership of Unit 1 and Unit ,8 F.w4 � ..r of Aest Smuggler Condominiums as shoran hereon. 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W"MW Q emA WAw1 IV WOW atMm� M.tlVlGier /Of r)!• _ AIY Q A RIBUW " r MY Mw All M+ MY 0 Y A.! /...w I.r Al I : - e rw. . r-a.t Z Me At � m'Iki -e � � b.A /Q � &.w AAk M WW& M dold. Am Ae1r m1 rinw.v errw Tees Aom rbw met owmft* r &*dW Aw of ArII pww Wt to M ~ Atw& LAM Le. Ah .1 1M rein M OW Arw .m *A am 4 M LIeM d iMssnr�.tniwf�rM 1►1 ar`y 1 M US 9nq iw! S wyw 9db"I AN�=rw rr wwm+.�fi tr M5w mwnM.Mw M nwr� N .ww,.�i �. Aw /wr M • Mkv hwrww ewmvb& rt 1w1w Joy Tal Low e swat" w «�/ AM'/ 11. �irr , tw,/�lwr aL®li I -fib PC "MMUMMd dir AWIW IWPWr )wr 1 mbr DPE wxr i�'�&L sxmAV PCr AMN v � inn mwrA o�w� Lor AW m rarer �oemm¢ RAm= A�Ar. SNr aAmArAr eu• v or auAw m.awr A. A�w>,m r !r ¢war R+,Ar M A A�+.r � AM " aw MNN/ ORIVTY AIr MAt.Ot)N_Jtl'� Am ON /f WWQF r /M I Q.W{R tlW' eke lM AA �tiv Aw Awmam NY PC AOW OlY A1MV M A AllelA /W AM As Ar NIW 4MTr aAR Aw MVONr _ MY or 7M1 W 11—Nrs N ALR/anr rl?Wr MMY ZrJAVMm�we � aos x/Awa N'mry Irve --- - COMPOW N�MATOrQeurw asAowrrw n McIY�Mr�joirY r AM m�n�c [Alv[ AlmwWm rwr■,w mr *w ow pwm wN!1�Airlea�vA1[ my r N Gt AR ��ZI�Q AW M Aim PW AMMNA11CM"Cr L PCaMA'S( A71uAlOII AMIIOIfl slfr.FAIOY.Y taWl'A'AAOf c17YwlQ AW A"Are A. R ~ MW AV ACXW A V"MWW LAW ANIR a"' t1( fAMrl'/ Aw P N' Mtl7Ar D1Aer IOWI; ASV MW M rr M 7Nr fi UM 4 .w �O N IT.I7AA>�- P11L M AmwM AVYAr w UMT MY 11mf A MAI M aAA. M Ml/? I AtI AW *WMr AkFA7rvllY MVKMDfMSEM IWr1AL tAD. M AVAL F MW �Atim AAM A=R4Z Z; AM N)I PIOA M fMT AO/ ARWY AaMrNY A AMW Arm It/eleQ v I Pwr/W R ALtw IMr V=W or iffy MJW CRAFTY &" A* ...r ._.... a,....,..r.� rv77la suRc�nNc sBRrMcss 727 Blake Atronue amwood Springs, Condominium .�fap of ,pZP 926 Jlest Srn ler Street tVg �^ As ��. ,,.r „� AZw '—` '�i,r� Colorado 81501 (970) 928-9708 (FAX 947-9007J lia IPest A.SYmuyyler Condominiums aspen Colorado 81611 Leer 512712011 IMM35—umcom of 1 0 U Y 3 1 2011 C1 OF ASPEN MGM' ITY DEVELOPMENT Transport Pipe Found, ,45 rebar and Illegible red plastic cap o Well Wal/ (,only that ^ 20� 8~ ¢¢sue/ Fenc l portion where the ,� 4" PVC / 0 two window wells 7E?77.80 are connected) 3 383In vert l� / 8" PVC I 3i� VW 3 N / / 7867.58 / ^ �O SO 3 `0 ^ / + In vertl h ^ l 4' PVC l O >>S h 7874.38 l b 'S8 7875.42 O F C� `• / In Fence f? ¢? In vert�b'"� 0 l 7 78.4C Ala In ) V ¢00 /. l �m 5�911 �!!� ^ l 4' PVC 7876.20 4, 10. s �/326 West Smuggler + /a� ¢9 M U'nit % _ % l ln►aert AC Unit . �� K I CO 8 PVC / 11.21' 787n� / � . _��- 7875.32 4" PVC (knit 2 J22 West Smuggler 7878.44 + / 4' PVC Invent + / O ^.�83 °� l � l 7876.45 O /h8" PVC i l /overt y 4" PVC l / 7875�26 �-- r— Transport Pipe �er� In I / 7878.85 / / + Invert / i88 8' PVC /0 O 7875.82 + /n wart O / O Foundat/on Dry Well N ! I k / Foundation Dry Well Easement 2 feet from Edge O /, l W I of Grate- 7862.62 Depth 1p / ' Fence 8 PVC / � ?1 T7e N81 X aC"E 42.49' to L • J f 78i6 96'\ ' Southwesterly Comer 110 K9rt�� 10 3' of Subject Property ¢' l 10• _ ��. (created by this plot) 37' l setba fi \� �' 20.E _„ `�' � 1'0,12' � � i 0 k S 75 e ne �'`� / a Found, #5 rebar and 39 0? 8 13 00 0 illegible red plastic cap J Transport PS, )s l +` Storm water P by 1 F 6' 101 Detention Tank Easement (created by this plat) 0 Gl! r eceroed� 9,lp� Lots Af, N, and O, Bloch --d-.-O, City and Fownsile of .4spen, �S�'Set�a 33 Service Area Easement (Hatched Area -Lines) , , 8and toes 10, TA and IZ, 11afla� s Jdd2 e on to the Cievo .1s en / 1 • 19' 9" PVC , 7877.79 / 22 a �L 7876.14 In vert % ° l /Common Window Detention Tank Depth 7869.82 Drainage Invert 8" PVC 74574.82 Guest` Smv . J greet` lvotice. TMTTL& Sl%RFJ7r1 C SMRYICES According to Colorado law, you must commence 727 Blake Avenue any legal action based upon any defect in Chas survey within three years after you Glenwood Springs, Colorado 61601 first discover such defect In no event may any sure th action based upon any defect in (970) 928-9708 (FAX 947-9007) this survey be commenced more an ten years from the date of the cerhAcata'on shown jeff@tss—us.com Found, ,,f5 rebar and ye/low plastic cap stamped 5' W.C. the CZ y of aspen, Counl. off' Pilkin, S/ale of ('ollorado The purpose of this Afap is to show the oondominiumized ownership of Unit 1 and Unit Z of Found, ,¢3 rebor and Xest Smuggler Condominiums as shown hereon. Aleg/b/e red plastic cap GRAPHIC SCALE 10 a 10 20 40 IN FEET 1 inch - 10 !w I /• 0 • / A A 4 .) 4 non 1� Condominium flap of Rest Smuaqler Condominiums CER77RQAIF OF OWQ?-N/P AND SUBMLSSQN OF CONDOMINIUM OIM/ER94/P. KNOW ALL PERSONS BY 7HE5E PRESSIV7S 7HAT WUGaER /NVES7M9V75 L.L.C., A COLORADO UM17ED UASIUTY COMPANY, BEING 7HE SOLE OWNER IN FEE SIMPLE OF ALL 7HAT REAL PROPD?7Y VIU47ED /N 7H£ CITY OF ASPDV, COUNTY OF P17K/N, STALE OF COLOR 00, SAND AM PROPERTY BEING MORE PAR77CULARLY DESOR/BED AS FOUOWS LOT M, LOT N AND LOT O, BLOCK 40 OF THE CITY AND 7owwE OF ASPEN, AND LOT to, LOT i1 AND LOT 12 stocK 40, HALLAM'S• ADDI77aV 7D 7HE CITY OF ASPEN, ACCAQD/NG 70 7HE HALLAMS ADO17700V PLAT 7HD?EOF AS BLED FOR RE00RD ON DELlE wb? 29, 19e1 /N PLAT BDOK 2 AT PAGE 263 UNDER RECEP770N NO. 112664 CITY OF ASJ99V COUNTY OF P/WN STATE OF CDL024DO 7D BE KNOW AS NEST swuo ,LER CONDOMINIUMS ACLLIRDWG 70 7HE PU T RECORDED IN PLAT BOOK —. AT PAGE _ AND ACOORD/NG TO 7HE COWDOV/N/UM DECLARA770V FOR NEST SMUGGLER CONDOMINIUMS RECORDED UNDER RECEPTION NO. 7HAT SAID ONNER HAS cAuwD THE SAID REAL PROPERTY 7D BE LAID OUT, 02100IIINIUMIZED AND SURWM AS UNIT 1 AND UNI7z NEST s7MUGY m CaVOI/INIUI/S A PART of 7HE CITY OF ASPEN, COUNTY OF P17AIN, STATE OF COLORADO. THAT SAND ONNER DOES 1Vmmy SUBMIT SAND REAL PRacom 7m rmm KITH ALL IMPROVE71/EI M APPVRTDVAA(0a AND F=17/ES HERETO AND NOW OR HER£AF7ER THEREON 70 CONDCWIN1UM ON D?WIP UNDER 7H£ COLORADO OYIMOON INTEREST ONNERSH/P ACT, GR.,£ J8-MJ-101 AS 7HE SAME MAY BE AMSIMED FROM 770E TO TIME; AND HEREBY IMPOSES UPON ALL ME WAL PROPERTY 7HE 7EWS, 0DND/710V-S COVEARNM REVR107700 ; EAS21/EN75 RESMVA77ONS L= UM/TA71LNS AND MM770VS DEWNaED /N )HE 001001//NIUM 062ARA770H FOR 7HE NEST SMUGGUX CONDOMINIUMS AS RECORDED OV 7HE (SEAL PRCPST Y RECORDS OF P/7TON COW Y, =0R4DO ON 1HE DAY OF 2011 UNDER RECLFPPaV NO. TOGETHER W7H ANY OTHER AMDV0M9V75 OR SUPPLDMEN7S NHERER7, NHICH DEOYARA71ON ShRU BE DEEMED 70 RUN W7H 7HE REAL PROPERTY AND SKULL BE A BURDEN AND BENEFIT TO SAID OWD74 7HDR SUCCESSORS AND ASSIGIJS AND ANY PD?SON ACQUIRING OR ONNIN(; AN INTEREST /N 7HE REAL A?OP0?rY7HE7R GW ME4 SUCOESSOR4 HERS, PERSONAL REFRE-S"MTIVES DWVU70R4 ADM/NI RA7i7R.S DENSEES OR AS5IOn EXECUTED 7H/S __ DAY OF . 2011 BY. COUNTY OF J )£S STATE OF THE FOREMNC M7Y7CAX OF OWNERSHIP AND 57/BA/ISSTON 70 CONOOMIN/UM ONIVBTWP WAS ACIOVONCEDGLn BEIFORE M£ 7HIS DAY OF 2011, BY A 01&YAV7HORIZED REPRE517VTA71V£ OF WINE3S MY HAND AND SEFAL- NOTARY PUBLIC MY COMMISSION E PIRErt Legend and Notes : - O Ind/cotes found monument as deawked. 1. Basis of Bearings /s N14;50'49E between the northeast comer and the southeast comer of the subject parcel, both f5 rebars found in place. 2. The creation of this condominium community, while valid under Colorado law to create the condom/n/um units and common areas shown hereon, does not constitute a subdivis/on of land pursuant to the P/tk/n County Land Use Code. J. The date of this survey was Apr/l, 2011. 4. The Unit of Measurement for this survey is the U.S. Survey Foot. 5. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. AI/ Information pertain/ng to ownership, easements or other encumbrances of record has been taken from a t/t/e Insurance commitment Issued by Land 77t/e Guarantee Company, dated ApHill 21, 2011 as commitment number Order Number 0620093996. 7171E Q9?71RCA lE 1, THE U00SIGNED, A DULYA117HOR/ZED REPRESOMAnW OF DO HEREBY CERTIFY 7HAT 1 HAVE EXAMINED 7HE nLE TO ALL LANDS HEREIN DE m7E0 AND vow ON THIS PLAT AND THAT 7171E TO SUCH LANDS INS IN 7HE DEUCArCR FREE AND CLEAR OF ALL UENS TAXES AND EVCVMBRANOES OF RECORD EXCEPT AS FOUONS BY 777ZE EXAM/NER COMMUN1IY QE1n0PMQV 273E'C70RS APPROVAL 7HIS CONDOMINIUM MAP OF NEST SMUGGLER CONDOMINIUMS WAS APPROIEDD BY 1H£ COMMUNITY G£VFLOoMDVT OFFIOFJR AND IS APPROVED FOR f7UNG W7H 7HE P17K/N COUNTY OL£RK AND RECORDER 7HI5' — DAY OF 2011. SIGV£D IH/S DAY OF 2011. BY. COMMUNITY OEVFLOFMOVT D/REC7U R DATE 7H/S CGYVOOMIN/UM MAP OF NEST SMUGGLER CONDOMNIUMS HAS BEEN RENENED AND APPROVED BY THE ASPEN CITY DVGINEER AND IS APPROVED FOR FLUNG W7H 7HE PlVaN COUNTY CLDTK AND RECORDER THIS DAY OF - -2011. SIGNED 7HIS DAY OF. 2011. BY 4 j977wY ALLOY 7vmz DO NEREBY 02777FY 7HAT / AM A PROFMONAL LAND CITY ENGINEER SURwmR UOENSED UNDeR 7H£ LAWS OF 7HE STA7E OF COLORADO, THAT mis COWDaV1#VUM PLAT OF NEST SMUGGLER 00NDaVIN/UMS FULLY AND ACaIKA7EZY DEP107S 7HE /MPROV£MDV7S, AiMU0/NG 7HE 0000 IN/UM tW175 AND 7HE COMMON ONND?SH1P AREAS AND M&NARE5 LO'C47100K LAYOK O/MDVS?OW AND BOUNDARIa THAT SUCH MAP WAS PREPARED STIBS£IX/ENT iv SUBSTANTIAL cOMPL£T oN OF THE RECORDERS AQ EPUNa /MPROV£M£N75 AND 7HAT SUGH MAP COMPUES W7H AND CONTAINS ALL OF 7HE INFORMATION REQUIRED BY CR.5 J8-M3-209 AND ALL 0PIER STA7UTE5 AND 7HIS CONDOMINIUM MAP WAS ACOEP7ED FOUR FLUNG /N 7HE O0W4X OF 7HE aDW AND R£GULA77mF APPUCAki ICJ MAPS OF cawom/N/UM COMMON /N76wir COMMtIN/TIES RECOROER OF 7HE COUNTY OF P/7X/N, STATE OF COLORADO, AT _ O'CLOCK _.M. 7H/S AND THAT SUCH MAP WAS PREPARED FROM AN ACTUAL MOWUMDV7ED LAND SUVE RY DAY OF — 2011 AND RECD40ED 1N PLAT BOOK _ AT PAGE _ OF 7HE PRCpeR7Y cawii mamm£NT5 oom FOUND AND SET Am THAT 7HIS MAP AS RECAPnOV NUMBER _ WAS PREPARED BY ME OR UNDER MY DOWCT SUPERVISION AND CHECAING AND 7HAT /T /S 7XIIE AND CORffCT 70 7HE BEST OF MY 10VOKEDGE AND BELIEF AND THAT ALL A77ES7: D/M9490AS, B07H LINEAR AND ANGULAR N£RE DEMMM/NED BY AND ACCUR47E COWROL SURVEY /N 7HE FT£LO AND 7HAT SUOY SURVEY CLOSES WlHIN A MIN/MUM 7CXERANOE OF 1 FOOT PER to ow FEET. EXEW7ED TICS DAY OF 2011 P/7K/N COUNTY CLORK AND RECORDER W&VED. F7R£Y AUBV 7U77L& PLS 33638 BY.• 3,2,2 3,26' �l'est Smuggler ,Street Drawn by. A Date: 512712011 ,4spen, Colorado 81611 / 01 OF 0 0 0 i i is