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Home My WebLink Aboutcoa.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 0044.2012.ASLU 523 WALNUT ST CONDOMINIUMIZATION FOR FOX CROSSING LOT II LLC 2737 07-392-011 A~li IIIA91 C 0 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 2703 -• :7o7.3 clz - o File Edit Record Navigate Form Reports Format Tarp Help Routing Status Fees i Fee Summary Main Actions I Attachments Routing History Valuation Archf Eng Custom Fields Sub Permits l Permit type Permit # — Address 523 WALNUT ST •.• Aptf Suite °o City ASPEN State CO . rip 8161 I ° x _ Permit Information -�--- 0 Master permit Routing queue _ Applied c n. F z Project Status Approved 0 0 Description APPLICATION FOR SUBDIVISION EXEMPTION - FOR FOX CROSSING LOT II LLC_ p Issued E_ Closedf Final -4004, I Submitted GARFIELD & HECHT, PC 920 0007 Clock - Days ■ Expires 7l19l2013 I Submitted via Owner Last name IFOX CROSSING PARTNERS ••• First name Phone Address Applicant Owner is applicant? Q Contractor is applicant? Last name GARFIELD & HECHT ...First name Phone Cust# 25155 ••• I Address Lender Last name ••• First name Phone () Address AspenGold5 (server) angelas Edit M�I d 1 loot PAID r � ��s�•oo Z ��, �v I, awS llM.l Condominium flap of Fox Crossing Lot 11 Condominiums Lol 11, For Crossing Subdfv4s-ion° according to tAe plat thereof recorded June 20, 2005 in Plat Rook 74' at Page 17 and as Reeeptfon No. Sl14fl0. City of Aspen, County of Nthim State of Colorado nZ, p-p— ,y AV. ,,,,A 4 A, „— 0. --AV ,J / / __ _ ._--�- 6inY I wJ A.0 � d /w LYu..vv Lof 11 COM sfifry /lmr*u.,Y Lot //, � LYcw(ry stisrrwr.anL CURVE TABLE / P Cr!;ntnh r o.w.rry. 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W n. nNww[N+ nWw/ GY CRSJFJ]J-Ma M aGv ,feNfr _ Rw14t0 C111N41L .M a .ewi! w.sir.nh/ bM wy r er. dM wa.ria.h� Mrr.wr/w MI M�ref,� r.r M MN n» a marwvl. y.r,. SrfR 0 (NORM-O � rarer r �w ,a cr D.Y t NCi .ew, v.,M wrr m�ba/ vM w Harr M abN yNr o amrriwrscid 'yawnrr 4rmru I taf w M y swwh N err rMa� � e�.�N MU 4rrNnwr Fs. new Mrb �. k L�ll� Xai ,Y Y.fiN01A 13P,'1111 � / / s M.asr. M 5aw. =Wa Gale. [ BYO} t[G rwepr r � Fw.y 1LC u.y rM .W S 2e11 ` w w�� J✓w(, �YY sJ Y�� r 0 1 r M1KE mr wm. M oaR.H N 9A4N IrY � ��I. Nw'vy NK _ Tf=fr St"Mr1w sxlrnrSs Condominium A(ap of C/nt& .f & R A I For Crossing Lot 11 Condominiums r -� � � w�� pm.wC �pinys• :a'o-af� 3r501egg .., _., . FOX Crossing, Zot i1 Condominiums ,�, -- Aspen, Colorado B1B11 1 � 4 LOT 12 QQ 7510.8002 SO. FT. Q' � k lZ a WEST 91.57' �7. CAST 9'1.57' 47 0 rt 0 LOT 11 g � 9849,5046 SO. FT = v v� • �i 'ofK�� J VA arcol-.4 v a� E A7 bA7S i 5 1 11 �- 1 S� C� 75 FOUND MARKER 2' NORTHERLY ON ARC FROM THIS SURVEYOR'S COINER cl, T 7500.08v3 SO. F" z3'i Cr 3 PAR SPACE 00`40' W 24.32' N 00`40' E 30' - S 77' S 89'20' E) 220..96,`5 'i3.30 3 1 i cl a, �4J a�i V. NOTE AREA OF ROADWAY AGREEMENT � W a > PER SUBDIVISION AGREEMENT, '" DOES NOT AFFECT _OT AREA,, r 3 DENSITY, OR FLOOR AREA. �Q �C LOT 10 11676.4159 Sty. FT. = M � I s N 89'20'00" W 50.0 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 July 24, 2012 RECOVED JUL 2 4 2012 CITY OF ASPEN COMMUNITY DEVEIOFMEW Christopher J. LaCroix Aspen Office clacroix@garfieldhecht.com RE: APPLICATION FOR SUBDIVISION/CONDOMiNILiMIZATION 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 property: 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 Aspen • Avon • Basalt • Glenwood Springs • Rifle ® Printed onrecycled paper 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: Christoll4ler J. LaCroix Enclosures Copies without enclosures to: Harris Cahn (via e-mail) Rick Crandall (via e-mail) ® Printed on recycled paper RECEIVED ATTACHMENT 2 —LAND USE APPLICATION JUL 2 4 2012 PROJECT: rl7Y Q�- ASPEN Name: Condom iniumization of Lot 11, Fox Crossing Subdivision COMMUNITY DEVELOPMENT 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/ f;xpansion ❑ 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? VEES DUE: 895M ❑ Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project 712 FOX CROSSING LOT ii, LLC. 601 E. Hopkins Avenue, Suite 202 Aspen, Colorado 81611 Phone: (970) 920-0007 Email: harris(&CahnPartners.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., 601 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: Z4� Harris Cahn, Manager Copy to: Chris LaCroix s y,J/NnJW0 _q Al10 "01 f Z 3nr Agreement to Pay Application Fees43A14dhr An aereement between the Citv of Aspen ("City") and Property Owner ("I"): Phone No.: (970) 920-0007 Fox Crossing Lot 11, LLC, Email: harris@CahnPartners.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 1 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. I 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 'ted liability company By: By: Harris A. Cahn, Manager Chris Bendon Community Development Director City Use: Fees Due: $ Received: $ IN Wd013A30 AiINnWW00 N3dSV _q0 J111O Im t ti inr CITY OF ASPEN (13AIA338 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: Condominiumization 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 condom iniumization. A copy of the Land Use Application form, as well as planning fees are located online at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization 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. 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, Condominiumization. Engineering requirements are available online at: http://www.aspenpitkin.com/Portals/0/docs/City/engineerin /shy%20checklists/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. RE� . �UL 2 4 zw C11Y � p�IELOPMEt�3 COMMUNI� COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 6, 2012 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposed Insured: (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposed Insured: Case No. PCT23499W Amount$ Premium$ Rate: Developers Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: 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. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 To[[ Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 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. r. I f� 1 CURVE TABLE Is i • • • RECEIVED JUL 2 4 2012 CITY OF ASPEN )MMUNITY DEVELOPMENT QS'GpQ U ZQ J CURVE LENGTH RADIUS CHORD Ch'ORD BEARING DELTA TANGENT C2 17.72 47.89 17.62 S2139561E 21'12'10" 8.96 C3 112.42 334.30 111.89 S032320 E 19'16 03" 56.75 C4 11. 90 334. JO 11. 90 S14 02 341E 2 02 24 " 5.95 C pox. Legend and Notes : 0 Indicates set no. 5 rebar with red plastic cap L.S. #KJ36J8. I. Bearings are based upon a rebar with plastic cap L.S. #13166 found at the northwesterly comer of Lot 13 and a rebar with a plastic cap (Illegible) found at a northerly angle point of Lot 8 using a bearing of S8920'001E between the two described monuments. GRAPHIC SCALE 10 E to 90 40 1 fnoh - 10 tt Vicinity 116rp <r, Notate. According to Colorado law, you must commence any legal action based upon any defect in this saroey unlhin three years after you first da'scover such defect /n no event may any legal action based upon any defect in than survey be mmenced more than len years from the date of the cerhf8batabn shown FlIFFZF SbrRFTr1y G SfRjV1MS 727 Blake Avenue Clenwood Springs, Colorado 81601 (970) 928-9708 FAX 947-9007) jeffotss-us. com (Con tinued) 2. This property is subject to the exceptions listed in a title commitment provided by Pitkin County Title, Inc. dated June 06, 2012 as Case No. PCT23499W. J. Any alteration, change, expansion, or modification of any structure in this condominium community may require the approval of the City of Aspen. 4. 7his property is subject to the exceptions listed in the Title Commitment 5. The creation of this condominium community, while valid under Colorado law to create the condominium units and common areas shown hereon, does not constitute a subdAdson of land pursuant to the City of Aspen Land Use Code. 6. Utilities as shown hereon are based upon a field survey of utility markings by M.D.I. Utility Marking Service and should be field verified prior to construction. Surveyor's Certificate 4 ✓EFFREY ALLEN 7UT7LE, do hereby certify that / am a Registered Land Surveyor; licensed under the laws of the State of Colorado, that this Condominium Map of Fox Crossing Lot 11 Condominiums fully and accurately depicts the improvements, including the condominium units and the common ownership areas, and ident/fees location, layout, dimension and boundaries; that such map was prepared subsequent to substantial completion of the improvements; and that such map complies with and contains all of the Information requ/red by C.R..S38-33.3-209 and all other statutes and regulations applicable to maps of condom/n/um common interest subdivision, and that such map was prepared from an actual monumented land survey of the property corner monuments, both found and set, under my direct supervision and checking that it is correct to the best of my know/edge and belief and that all dimensions, both linear and angular were determined by an accurate control survey in the fie/d which balanced and closed within a limit of 1 in 15,000. This survey does not represent a title search by Tuttle Survesying Services, L.L.C. to determine ownership or easements of record. All information shown hereon regarding ownership, easements, and other encumbrances of record has been taken from the ALTA Comm/tment For Nile Insurance issued by Pitkin County Tit/e Inc. dated June 6, 2012 as Case No. PCT23499W. In witness thereof, / have set my hand and sea/ this day of A.D. 2012. Jeffrey Allen Tuttle, L.S.33638 C Condominium 1LIap of Fox Crossing Lot 11 Condominiums The purpose of this map is to show the condominiumized ownership of Unit .4 and Unit B of Fox Crossing Lot 11 Condominiums Kformerly Lot 11, Fox Crossing Subdivision). UENHOLDER CONSENT being the beneficiary of that certain Deed of Trust dated and recorded as Reception No. which Deed of Trust encumbers the real property shown hereon, hereby consents to and approves the filing of this Map and the Declaration in accordance with the covenants, reservations, easements, obligations and conditions appearing hereon and therein and agrees that said Deed of Trust shall be subordinate to this Map and the Declaration. Executed this day of 2012. By. STATE OF ) )as COUNTY OF ) The foregoing Lienholder Consent was acknowledged before me this 2012, by corporation. WITNESS my hand and official seal. My Commission expires: Notary Public Condominium Jfap of Fox Crossing, Lot 11 Condominiums Certificate of Ownership and Submission to Condominium Ownership Know all men by these presents that the undersigned, being sole owners, mortgagees, or lien holders of ail that real property situated in the City of Aspen, Pitkin County, Colorado, said real property being more particularly described as follows: Lot 11, Fox Crossing Subdivision, according to the plot recorded June 20, 2005 in Pilot Book 74 at Page 17 as Reception No. 511410. City of Aspen, County of Pitkin, State of Colorado. That said owners hays caused the said real property to be laid ou4 condominiumized and surveyed as Units A and B, Fox Crossing Lot 11 Condominiums, a part of Pitkin County, Colorado. That sold owners do hereby submit sold real property together with all Improvements, appurtenences, and facl/Itles hereto and now or hereafter thereon, to condominium ownership under the Colorado common Interest ownership act, C.R.S. 38-33.3—f01 some may be amended from time to time, and hereby imposes upon a// the real property the terms, conditions, covenants, restrictlons, easements, reservations, uses, /Imitations, and obligations described In the condominium declaration for Fox Crossing Lot 11 Condominiums recorded /n the real property records of P/tk/n County, Colorado on 2012, as Reception No. (the Declaration) together with any other amendments or supplements thereto, which Declaration shall be deemed to run with the real property and shall be a burden and a benefit to sold owners, their successors, assigns, and any person acquiring or owning an Interest In the real property, their grantees, successors, heirs, persona/ representatives, executors, administrators, devisees, or assigns Executed this day of A.D. 2012. Fox Crossing Lot 11, LLC By. Harris A. Cahn, Manager STA X OF COLORADO ) COUNTY OF P/TKIN )SS The foregoing dedication was acknowledged before me this day of , 2012 by Harris A. Cahn, Manager of Manager of Fox Crossing Lot 11, LLC My Commission expires _ Witness my hand and seal Notary Public City of Aso en Eno/neer's Certificate 11 , Engineer for the City of Aspen, Colorado, do hereby approves this plat to be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, this day of 2012. By. City of Aspen Engineer Community Develo ment Director's Anoroval This Plat was approved by the Community Development Director of the City of Aspen, Colorado, signed this day of 2012. By. Community Development Director rit/e Certificate the undersigned, a duly -authorized representative of Stewart Tit/e of Colorado -Aspen Division, do hereby certify that / have examined the title to off lands herein dedicated and shown on this plat and that title to such lands is in the dedicator free and clear of al/ liens, taxes, and encumbrances, except as shown hereon. day of Dated this day of A.D. 2012. By. -- 7Tt/e Exam/ner Clerk atd Recorder's This Plat is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado, this day of 2012, Plat Book , on Page and Reception no. By. Clerk and Recorder t7ni is 4 & B Fox Crossing Lot 11 Condominiums ,4spen, Colorado 81611 Drown hr. JT I Date: 0712012012 OF 1 0 0 0 • • •