HomeMy WebLinkAboutcoa.lu.co.523 Walnut St.0044.2012 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0044.2012.ASLU
PARCEL ID NUMBERS 2737407 392 011
PROJECTS ADDRESS 523 WALNUT ST
PLANNER JENNIFER PHELAN
CASE DESCRIPTION FOX CROSSING LOT II, LLC
REPRESENTATIVE JENNIFER PHELAN
DATE OF FINAL ACTION 09.27.12
CLOSED BY ANGELA SCOREY ON: 11.8.12
2? rte• q � ti _
r }
File Edit Record Navigate Form wReports Format Tab Help
�X
---------------
A]
:rs
Routing 5tatus Fees I Fee Summary Main Actions Attachments Routing History j Valuation (ArchjEng j Custom Fields 15ub Permits .1 1
ry x
N 523 WALNUT ST ,y q
.ti
ASPEN
is iti
I
F-
Description APPLICATION FOR SUBDIVISION EXEMPTION-FOR FOX CROSSING LOT II,LLC Issued
Submitted GARFIELD 8 HECHT,PC 920 0007 Clock - Days■ Expires 7l19f2013
Sunitted via
i
Owner
I' last name FOX CROSSING PARTNERS First name
Phone Address
�F I
° Applicant
(' Q Owner is applicant? Contractor is applicant?
1 ,
Last name GARFIELD 8 HECHT First name
( Phone -Gust# 25185 •° Address
i
I:
Lender
I Last name • • First name
Phone ( ) Address
i
f
E
AspenGoldS(server] a Edit I of 1
1004 PAID
I(' $ o 0 It 2 \�
t`7.. rY( 2 4 A I \�
Condominium flap of
Fox CrossZnq Lot » Condominiums
Lot 11, For Crossing .Subdivision, according to the plat thereof recorded
June ZO, ,ZOOS in Plat Book 70' at Page 17 and as Reception No. 511410.
City of Aspens County o/^4UM State o/COAO"o 1M1a p-pis/µ-r%•w 1.sA—4U owwo n:n+un+[r•d ovm r
aw i—d bwi e y A-csro Ow bet eor Y,; evr—..v
n+a�
CURVE TABLE P X y ce'an^r•wo"^^°'r'4e�N vrs �+.01A1"'''4
wx�F �c�xnaus craw cwaeo err,w,ve mu
r)T1 rY a9
U Tv1 J.Hb %. 11616 [w rr
ergo JN JO 'fT S% �\ ./r OrFa 9Madt aa"M ro Yry xer yea Jnv IM1 61x5 h nae(bI N
oQr n..e ,.acssaw�'ro I,wa do,arl.++rr.s w...a.r a
�^ j
1 r X m .. awro77 .+w.
0.k�o� 9849.59 S0. T. +/
(� h arm awrw�..w�r'
�O �,•.�elQ°t U n 2 l fi ° m j S 11W Z L
5,529.12 SO_ FT. 4,J20.47 SO. FL +/ ✓ a.✓
v
�/ U >,•,, _ - ,� - .� - _ wr,.,�s...f8/14,�2oib stivarnu sewer
LOT >O �.
V9T� av a ur�o
C z�,tt� ORIp
vicinity 61ap 1w 150 naaro.race ao..�..r a wos.e mT •. era a w. wr.�.w nm a.
• hear«ra,>s r.nr.nn rw o+anc��:as.>as _are++w av*+•r•�•r+wn�ay w
� r(�� � � ,e�`d_ � 1����",, r.,.°mow q.,�.�.,�."�°„a�:`,.es rte,v �.e�`b,.° w��> rq��,h•,�r.
vq� �': •�� aF �s'" < xa�.m rh.,w J w v„eq.,rrs..=F.r w roe a.,+w• ,�ear>„m.m,.w�,ar w....a»�...r ra,....ww.
(f „�'.�1 T�K �.s?"" nova w.m�anmi e.r..a rn,r.•soar„A..•.�a ceermc ac�x a..aw+�r»•-ar.qw v++a�w rrrer ha n•r+ro eor•.r
2 reb PrNwtYy b agiw ro Nv acagw arM h o LYN earMfmarr !or✓M1 vat row ur•�r �••�•vvlw rM eM
ttt `.f `� 3F� `y perJlvd ey Mftlr C b i19r he evM Ana�Ylxl a tYw Mv.aCTl.T4vae. �4/BUT V�(CJ/�°s,•
3Y wfavea,veal apaaM.>maferofM w aY•e.rea..h ek ya as 1
e�w.w nux P Ys�. `•1 ��,. � MMMn ammnrb orW rsa/•fM pow'w qv W,w Apo !Y
+ 9WTP�� a fib P'aarY b a0/ra'f b qv rvrplbr/•he h era INV CamrruTVrof Cbmvrb aMeaaal d�tr
g � - � \.. �y s lM reeve w qr.cvrene.Ir.oeeramx.eh wn aw cew•m a.
ro a.er.q.carebnhka r.rrs ae w,.rwe r•a there haver aoa trot c[Tweiw c'cn6e'rr
s.aw+,R oaeef.o weewa w tae paa..r.r eo q.ary w Ma erne w.ad. ewes Farelry uc o raavea esx.e r eawrx coon h.e.,hxrey w aw
i . ya"��yy$ Ms.dod w tort eafM I/aroh rz 20/e me nmwe Yoot 12 MIO A Rwyaarr Ne iiL�L1aM1
e1 aw-1 ae1y owr hrom an nuv0 iyur a R M1.r ww d w utA-fY��ea .TBtS➢$MM LYw/w rrv==AZ:ro'P'9vrr/roa Mw�eMY eavab ro aN a kr$av✓Y qv urAr+V�•M1 a vVl�r�Mrhea T'•�'fae�
w q.nq>ACm h o�var..rce w w vww a...b rwa s<.,eo,w.nr�"rnr qm r ea.
y� �. �L a r..r..aar.aana4 ryvrbv are vayseb.v ab•e'no wave+ae gavn rw .�qv rrx ro r Mee naM a`eveele ere�e+ev.pat ara
�•b�� r...,#'a.���, y " � o�rew-• eOy�'rbrrerer�er.we a.s w m.r.nr e.mu�.e.a qa.mmrne.rr ry ere q. rm ro.rn ran a n q.aa.mr-w»ae w r.+...r®.
(/(f�+;�S+f ! 7 wN w Sru{� CUb°•wr nee ogaM o/ ESCrH/qb 2'1 evy w�e»T<(nxR- .rolz ae aavMmv+a avir a sbwr/r+m.
_� 4`- 0 i((."'�a k" as � �� r Deana eer n mmrwsa.err as o...ororr e#f.q.•rw�r••�+rnr:rerwara qe
^y, 'f/ ti>L Qe� 0oerhla rob aM qv eevmrr veaMp rvvv:eM kMtlrlw Asegn,brave LbK FadnA LLG v tbaeae/ahW s»eb eaVar OvM JSN �._ .-. 4Q]VIL
••� �. l 4� � is t a ua a casere rhw.e,rmaxr m+aax b ma•9r
�sAaur ere noa�wlre qer ara tea p am..vrare ro try Aa•» Gp�`�
/j({ � wruv" eloMlM oapYgw o/M Ina+v�wrafi eNpybrw�/arM rr�a oar��Iy a rG/{v(�VR/G/�br eY
a� � f „} �� 1� �T'.}��q4� �l� � ;�' My aI w My IrkraTb+roPrYV✓by GRSA-JlIJ-2Y oW d oNra sfeNM aM � wW�('1trW\nLL- 1IEY CmmM �n is
cuT arc ra
�_ y F=ia� 1 �,K tl, r a eeq eaha ae sc..w.-r sae.aarl+•r era uwrr ewe x r.
x =5;. Y, 04:`" � � r ro q.ear er,.r h+er.�+y.rw ew ae qer w en�.r+ara nea+mo rw aa+w .n rc er fnLOFCRCO � a�tea�moari
,' .3 eeaahw e a eaYr.ar.r„ew....w r»rw ran Berra aw ee..a won e
` a�n w r h raa.� m�urrr ar 4 m[-f 1J ) qw rrw a oar re-�sra n q.aa.w.mr2�ahr gnrboela ow. �`o
f ? r t rhs.....-a a trot rc+aar v mr.ree�er nrtn.sa..HV s..xs ccc ro arerh. m �er N ewgee,-�
�
_ •b Z �—()r ue—w rr++r.carte vear..�
4�, a ew eqa na t.a faY.r aqn re. 2"'
� t �iZ I'� � !wM 4H 4 XIIT ,brr✓eY Rqh[MrY DW Ire MaWe'e%CZeS Rrrr6!LC gy
o� roNra •,agrbr,,y. //clay R4P:
_r rinrtc suerx s sasvrres Condominium Alap of Units a t,8 r a. VOF Foa Crossing Lot 11 Condomin%ums oe/zo/lorz
Sprhys,77w 91601
(9]0)919-97M (FAX 94J-9001) FQ,x Crossing, Lot 11 Condominiums ,igper, Colornd0 g/B/1
b e. ,•1lifsaYUSCnrrr
LOT 12
7510.8 002 SO. FT. =
'NEST 9t57'
EAST; 91.57' ® t
7500.0852 SQ. FT
V3.75, '
1
^�TitiAte
N 8$'20'#30 .53' N E
i 8 �. �t
SPACE
f3 ��a f� �+/� t'C3 $ 0�3`$O' 2 .32'
y �
S TT•5s' ('S 99.20' E�.
La
EASj> 40 TE - tt
5a rw vfzi ��' AREA OF ROADWAl ' AGREEM-ENT
405 PER SUBDIVISION AGREEMENT, 1T
DOES NOT AFFECT :OT ARE;, �-
5 DENSITY, OR FLOOR AREA. �L � !
Q
LOT
0
FOUND MARKER 23 NORTHERLY
ON ARC FROM THIS SURVEYOR'S
CORNER N 89°20'00" W 50. '
ASPEN OFFICE
Victorian Square GARFIELD &HECHT f P.C.601 East Hyman Avenue ,, ,
Aspen,Colorado 81611 ATTORNEYS AT LAW F «� a
Telephone(970)925-1936 Since 1975 JUL 2 4 2012
Facsimile(970)925-3008
www.garfieldhecht.com CITY OF' ASPEN
COWNTY DEVELOPMEW
July 24, 2012
BY HAND Christopher J. LaCroix
Ms. Jennifer Phelan Aspen Office
Deputy Planning Director clacro&*garfieldhecht.corn
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: APPLICATION FOR SUBDIVISION/CONDOMINIUMIZATION OF LOT
11,FOX CROSSING SUBDIVISION
Dear Jennifer:
Fox Crossing Lot 11, LLC, a Colorado limited liability company ("Applicant"),
respectfully submits this letter as part of its subdivision application seeking approval to
condominiumize Lot 11, Fox Crossing Subdivision (the "Property"). The following information
is required by Aspen Land Use Code sections 26.304.030 B., and 26.480.090:
• Name of Applicant: Fox Crossing Lot 11, LLC, a Colorado limited liability
company
Applicant's address: 601 E. Hopkins Avenue, Suite 202, Aspen, Colorado 81611
Applicant's telephone number: (970) 920-0007
Name address and telephone number of representative authorized to act on behalf
of Applicant: Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado
81611, tel.: (970) 925-1936, fax: (970) 925-3008
• Street address of property: 523 Walnut Street, Aspen, Colorado 81611
• Legal description of propert y: Lot 1 l Fox Crossing Subdivision, according to the
plat thereof recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No.
511410, County of Pitkin. State of Colorado
Parcel identification number of Property: 273707392011
Applicant respectfully seeks approval to subdivide the Property into two (2)
condominium units and create the Fox Crossing Lot 11 Condominiums.. Also enclosed herewith,
are (i) two drafts of the proposed condominium map; (ii) current title commitment from Pitkin
®Printed on recycled paper
Aspen • Avon • Basalt • Glenwood Springs • Rifle
GARFIELD&HECHT,P.C.
Ms. Jennifer Phelan
July 24, 2012
Page 2
County Title, Inc. showing Applicant as owner of the Property; (iii) Agreement for Payment of
City of Aspen Development Application Fees; (iv) a check payable to the City of Aspen in the
amount of $895.00; (v) City of Aspen Land Use Application Form; (vi) Pre-application
Conference Summary; and (vii) statement from Applicant authorizing the undersigned to
represent Applicant in connection with this application.
Thank you in advance for your consideration. Please contact me once you have had a
chance to review the enclosed materials.
Very truly yours,
GA & HECHT. P.C.
By:
Christo'Oler J. LaCroix
Enclosures
Copies without enclosures to:Harris Cahn(via e-mail)
Rick Crandall (via e-mail)
®Printed on recycled paper
DOcf4 • 26 IZ •75L0
R 177 C F ,°. F V
ATTACHMENT 2—LAND USE APPLICATION JUL 2 4 2012
PROJECT: t g
Name: Condominiumization of Lot 11,Fox Crossing Subdivision ` ��° ! 0 VELO Pr
Location: 523 Walnut Street,Aspen,Colorado 81611
(Indicate street address, lot& block number, legal description where appropriate)
Parcel ID#(REQUIRED) 273 707 392 011
APPLICANT•
Name: Fox Crossing Lot 11,LLC,a Colorado limited liability company
Address: 601 E.Hopkins Avenue, Suite 202,Aspen,Colorado 81611
Phone#: (970)920-0007
REPRESENTATIVE:
Name: Chris LaCroix/Garfield&Hecht,P.C.
Address: 601 E. Hyman Avenue,Aspen,Colorado 81611
Phone#: (970)925-1936 x204
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.)
Vacant Lot
PROPOSAL: (description of proposed buildings,uses,modifications,etc.)
Condominiumize Lot 11 into Unit A and Unit B
Have you attached the following? FEES DUE: 895.00
❑ Pre-Application Conference Summary
® Attachment#1, Signed Fee Agreement
❑ Response to Attachment 0,Dimensional Requirements Form
❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
4
'�S
FOX CROSSING LOT ii, LLC.
6o1 E. Hopkins Avenue, Suite 202
Aspen, Colorado 81611
Phone: (970) 920-0007
Email: harrisPCahnPartners.com
July 24, 2012
Ms. Jennifer Phelan
Deputy Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Ms. Phelan,
On behalf of Fox Crossing Lot 11, a Colorado limited liability company ("Fox
Crossing"), please accept the enclosed Application for Condominiumization of Lot 11,
Fox Crossing Subdivision.
Fox Crossing's representative in this matter is our attorney, Christopher LaCroix,
Garfield & Hecht, P.C., 6o1 E. Hyman Avenue, Aspen, CO 81611. You may reach him at
(970) 925-1936 or by email at clacroix(&garfieldhecht.com
Sincerely,
Fox Crossing Lot 11,
a Colorado limited liability company
By:
Harris Cahn, Manager
Copy to: Chris LaCroix
I� -�4j� ,
Agreement to Pay Application Fees {
An agreement between the City of Aspen("City")and
Property Owner("I"): Phone No.: (970)920-0007
Fox Crossing Lot 11,LLC, Email: harris&CalmPartners.com
a Colorado limited liability company
Address of Property: Billing Address:
523 Walnut Street,Aspen,Colorado 81611 601 E. Hopkins Avenue,Suite 202
Aspen,Colorado 81611
I understand that the City has adopted,via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand that as
the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat
fees are non-refundable.
$ flat fee for $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project,it
is not possible at this time to know the full extent or total costs involved in processing the application. I understand
that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City
staff to complete processing,review, and presentation of sufficient information to enable legally required findings to
be made for project consideration,unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days
of presentation of an invoice by the City for such services.
1 have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. I
agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of
a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$630.00 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit
amount will be billed at$315 per hour.
$265.00 deposit for 1 hour of Engineering Department staff time. Additional time above the deposit amount will be
billed at$265 per hour.
CITY OF ASPEN PROPERTY OWNER
FOX CROSSING LOT 11, LLC,
a Color li ited liability company
By: By:
Chris Bendon Harris A. Cahn, Manager
Community Development Director
City Use:
Fees Due: $ Received:$
AIN
J *QLj j,k, J 1-1, UNI
zdoz f -9 Inr
CITY OF ASPEN
A
AI
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan—970.429.2759 DATE: 6.18.12
PROJECT: 523&529 Walnut Street(Lot 11, Fox Crossing Subdivision)
REPRESENTATIVE: Chris LaCroix
TYPE OF APPLICATION: Condom in iu mization
DESCRIPTION: Applicant is interested in condominiumizing the property. No condominium exists today.
Condominiumization is an administrative approval requiring a land use application. If there is an HOA, their approval is required
to proceed with the condominiumization.
A copy of the Land Use Application form, as well as planning fees are located online at:
hftp://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Applications-and-Fees/
A copy of the Land Use Code is available online at:
http://www.aspenpitkin.com/Depaftments/CommunitV-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use-Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Conclominiumization
Review by: - Planning and Engineering Staff for compliance
- Community Development Director for approval
Public Hearing: No hearing required
Planning Fees: $630 Deposit for 2 hours of staff time. Additional staff time required is billed at$315/hour
Referral Fees: Engineering, billed at$265/hour(1 hour deposit is taken),
Total Deposit: $895 (Additional fees will be required for recording the plat. Those fees will be identified
and due just prior to filing of the plat.)
Total Number of Application Copies: Two (2) hard copies, a PDF file of the draft plat sent to the planner is highly
encouraged.
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and telephone number of the representative authorized to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement,
6. Pre-application Conference Summary.
7. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen.
8. Letter of consent from the HOA.
COMMUNITY DEVEAPMENT DEPARTMENT
9. Proposed condominium plat. Provide paper copies for staff review(and a digital PDF if available). Once staff
has reviewed the proposal and made any necessary corrections, then mylars can be created for recordation.
10. All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization. Engineering requirements
are available online at:
http://www.aspenpitkin.com/Portals/0/docs/City/engineering/survey°/o20checklists/CondominiumPlatSurveyChecklist.pdf
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.
Z.4
P./ygyS±p� 4ap1� 4ti
November, 1 •- 1 • 1)920-5090
COMMITMENT FOR TITLE INSURANCE ZIQZ Z �n�
SCHEDULE A '
1. Effective Date: June 6, 2012 at 8:00 AM Case No. PCT23499W ,
AN
2. Policy or Policies to be issued:
(a)ALTA Owner's Policy-(6/17/06) Amount$
Premium$IIIIIIIIIIIIIIIIIIP
Proposed Insured: Rate: Developers
(b)ALTA Loan Policy-(6/17/06) Amount$0.00
Premium$0.00
Proposed Insured: Rate:
(c)ALTA Loan Policy-(6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
FOX CROSSING LOT 11, LLC, a Colorado limited liability company
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
UNIT A,
FOX CROSSING LOT 11 CONDOMINIUMS,
According to the Condminium Map thereof recorded 2012 in Plat Book_at Page
and as defined and described in the Condominium Declaration recorded 2012 as Reception
No.
PITKIN COUNTY TITLE,INC. Schedule A-PG.1
601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid
970-925-1766 Phone/970-925-6527 Fax unless the Insuring
877-217-3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
1. Release of the land herein from the effect of Financing Statement from Fox Crossing Partners LLC,
debtor(s)to Bank Midwest, N.A., secured party, filed October 4, 2007 as Reception No. 542686.
2. Release by the Public Trustee of the,
Deed of Trust from : FOX CROSSING LOT 11 LLC
to the Public Trustee of the County of PITKIN
for the use of : C2RS FUNDING LLC
original amount : $800,000.00
dated : March 12, 2010
recorded : March 12, 2010
reception no. : 568599
A Statement of Authority was recorded for Fox Crossing Lot 11, LLC on March 12, 2010 as Reception No.
567603, evidencing that Alpine Capital Partners ii, LLC by: Harris A. Cahn as Manager is the authorized
person to bind the transaction contemplated herein.
3. Recordation of a good and sufficient Plat of Fox Crossing Lot 11 Condominiums.
4. Recordation of a good and sufficient Condominium Declaration for Fox Crossing Lot 11 Condominium.
5. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Fox Crossing
Homeowners Association certifying that there are no assessments for common expenses which remain
unpaid or otherwise constitute a lien on the subject property.
6. Duly executed and acknowledged Deed,
From : FOX CROSSING LOT 11, LLC, a Colorado limited liability company
To
7. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to
be recorded)
8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required
by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in which the property is situated)
9. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be
recorded)
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien,for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded
December 24, 1902 in Book 55 at Page 116.
8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 57, Series of 1988
by City of Aspen recorded January 6, 1989 in Book 585 at Page 330 and as shown on Annexation Plat
recorded February 6, 1989 in Plat Book 22 at Page 15.
9. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements
Agreement recorded June 20, 2005 as Reception No. 511411.
10. Easements, rights of way and all matters as disclosed on Plat of Fox Crossing Subdivision recorded June
20, 2005 in Plat Book 74 at Page 17.
11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 50, Series of 2004
by City of Aspen City Council recorded June 20, 2005 as Reception No. 511408.
12. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License recorded
June 20, 2005 as Reception No. 511409.
13. Terms, conditions, provisions and obligations as set forth in Agreement recorded June 20, 2005 as
Reception No. 511425.
14. Terms, conditions, provisions and obligations as set forth in Deed Restriction by Fox Crossing Partners
LLC and City of Aspen Colorado recorded February 2, 2006 as Reception No. 520467.
15. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with
Holy Cross Electric Association, Inc., recorded May 15, 2006 as Reception No. 524065.
16. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded May 19, 2006
as Reception No. 524239.
17. Declaration of Utility Easements as set forth in instrument recorded September 26, 2007 as Reception No.
542422.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS-(Continued)
18. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set
forth in Master Declaration of Protective Covenants for Fox Crossing Subdivision recorded January 2, 2008 as
Reception No. 545394 and recorded January 3, 2008 as Reception No. 545472, deleting therefrom any
restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin.
19. Terms, conditions, provisions and obligations as set forth in Declaration of Driveway Easements recorded
August 1, 2008 as Reception No. 551552.
20. Terms, conditions, provisions and obligations as set forth in Notice of Approval recorded February 2, 2009 as
Reception No. 556151.
21. Terms, conditions, provisions and obligations as set forth in Assignment of Permits, Contracts and Other
Property recorded December 30, 2010 as Reception No. 576391.
22. Terms, conditions, provisions and obligations as set forth in Assignment of Declarant's Rights recorded
576393 as Reception No. 576393.
23. Easements, rights of way and all matters as disclosed on Condominium Map of Fox Crossing Lot 11
Condominiums recorded , 2012 in Plat Book at Page
24. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for Fox Crossing Lot 11 Condominiums recorded as Reception No.
, deleting therefrom any restrictions indicating preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national origin.