Loading...
HomeMy WebLinkAboutLand Use Case.CR.38750 Hwy 82.A141-00 1"'\ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY r') ,~". . .:" A141-00 2735-023-07001 Voicestream- Inn at Aspen County Referral Inn at Aspen James Lindt County Referral Voicestream Wireless 12/8/00 Comments Returned 8/3/01 J. Lindt I""':; tJ \ , ~ ,.... '~j MEMORANDUM TO: Gabe Preston, County Planner. FROM: James Lindt, City Planning Technician ~ L THRU: Joyce Ohlson, Deputy Director RE: Inn at Aspen Special Review for a Telecommunication's Tower DATE: December 8, 2000 The City Planning Staff reviewed the Inn at Aspen Special Review proposal and had the following concerns: 1, Staff strongly recommends that the county deny this application for a 51 '2" Telecommunication Monopole at the Inn at Aspen. The City Planning Staff believes that this is an inappropriate site for a Monopole. The Monopole would take away from aesthetics of the site and dominate the entrance to our community. It violates the Aspen Area Community Plan Goal of "protecting and enhancing our natural environment" by placing a visual eye sore in the Highway 82 corridor, 2. The proposed 6 foot tall, permanent chain-linked fence that would be needed for the security of the site would also be visually degrading to the site. The fence could also present a health hazard in that it could be a tempting structure for youth skiers and youth guests to the Inn at Aspen to climb on. The site is frequented by youth skiers, is very accessible, and could provide a hazard. 3. As an alternative to the monopole, City Staff suggests that the applicant change their application by replacing the monopole with whip antennas or look for a less visible site. Thank you for the opportunity to provide comment on this County application. ./ t""\ n .\.... ..) Brian McNellis Pitkin County Comm1ln;ty Development 130 South Galena Aspen, Colorado 81611 Re: Aspen Inn Special Review Dear Mr. McNellis: Enclosed please find the following materials necessary to apply for the above referenced project. This application is in response to your memo dated July 20,2000. l.Letter of request V oicestream is proposing to construct a single-user, low power telecommunications facility on the Inn at Aspen property. This site is part of a comprehensive plan to provide seamless PCS cellular coverage to the residents and visitors of Pitkin County as mandated by Voicestream's FCC license. The proposed facility is 51 '2" in overall height, It will consist of a pole with a canister containing antennas at the top. The entire strncture will be painted an earth-tone color, so as to blend in to the natural surroundings. The appurtenant equipment will be placed at the base of the pole and will be fenced with a chain link fence. The site will be accessed as depicted on the site plan will be an unmanned facility, not to be lit. Section 3-70 Environment and Aesthetics: The proposed site will not emit glare or pollution. This particular site fits within V oicestream's "honeycomb" pattern to provide seamless coverage. V oicestream radio-frequency engineers have done testing at the site ~ to ensure that the pole is as short as possible while still meeting the coverage objective. The site is located just off of Highway 82 approximately one mile outside of Aspen at the Inn at Aspen. The site is located near an existing equipment shed and is surrounded by existing evergreen trees to help minimi7e visual impact. Section 3-80 1041 V oicestream would request an exemption from the 10410 Hazard Review as there is not a 1041 Hazard Review of the Inn at Aspen on file with the Clerk and Recorders office and our site will not be impacting any pre-existing 1031 approved for this location. Section 3-210 Special Review and Major Amendments: The proposed site has been positioned, as described above, to mm;mi7e visual impact from the transportation corridor, while at the same time allowing V oicestream to meet its coverage objective according to its FCC mandate. This site will fill an anticipated coverage gap along the Highway 82 corridor. 2. Eighteen (18) copies ofa 24' x36" site plan and elevation depicting the proposed development, including a legal description. r -- f""\ 3. Eighteen (18) copies ofa title search for the subject property, including a legal description. 4. Eighteen (18) copies of a photograph showing the proposed site from Highway 82. 5. One copy of a lease agreement between the Inn at Aspen owners association and V oicestream authorizing V oicestream to act as the applicant in this proposal. 6. Two (2) copies of an Agreement for Payment form. 7. One copy of the pre-application form. 8. One check in the amount of$2500.00 Please call me at 720-261-2064 with any questions or comments. Respectfully, Joy Retherford '" 1"'\ n The Inn at Aspen l , I I ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT I 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Communications Engineer City..OI~penrsrariru:i1g"Stliff"' FROM: Gabe Preston, Community Development RE: Voicestream - Inn at Aspen Special Review 2735-023-07-001 P152-00 DATE: November 4, 2000 Attached for your review and comments are materials for an application by Inn at Aspen Owners Association. This application will be reviewed by the Pitkin County Planning & Zoning Commision on March 6, 2001. Please return your comments to me by February 6, 2001. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. " / // t~~:_m \ .:~:' --....-- COMMITMENT FOR TITLE INSURANCE ISSUED BY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitmentas the Company, thr'6ugh its agent, identified above, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as.the proposed insured in SCheduleA, this Commitment becomes effective as oflhe Commitment Date shown in Schedule A If the Requirements shown in this Commitment have not been m~twithinsil( months after the Com- mitment date, our obligation under this Commitment will end Also our obligation underthisCommitment will end when the Policy is issued and then our obligation to you win be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the reverse side of this page This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. FustAmerican TitleInsurance Company av4f(c/ / ATlEST m ~~ ~ SECRETARY PRESIDENT Byf~~~.~ --~ ~1tE INSII .I" .....~ ......... -Po-( F ~ ...."'...PO,L.... ~ \ ...., : <:." "T"A a.. ....- ~ .. '"t: 1""" .. C? I :. :. SEPTEMBER 2~ J ~ J ~ ". 1968 .: ."'- J ~ ... .... V' J' .. ....... ... "" t'.{llfOl\\\'\. ,; -;" COUNTERSIGNED . ..~ '.__'_"'~_~"~"_'~_'_'~'''..e_'_._._.._._ .. "/ COMMITMENT SCHEDULE A JILL CLEVELAND VOICESTREAM WIRELESS 2323 DELGANY STREET DENVER CO 80216 1. Effective Date. JM/ct July 10,2000 at 7:00 AM Order No. 406506 -C Customer Reference NEWTON 2. ALTA OWner's Policy Proposed Insured. Amount. $ 3. ALTALoan Policies Proposed Insured. Amount. $ Proposed Insured. , Amount. $ 4. The estate or interest in.. the land described or referred to in this Commitment and covered herein is. FEE SIMPLE and title thereto is at the effective date hereof vested in. TITLE VESTINGS ATTACHED HERETO AND BY THIS REFERENCE .INCORPORATED HERJ;:IN AND MADE A PART HEREOF Owner's Premium: Lender's Premium: Add'l Lender Chg: Add'l Charges: Tax Certificate: Endorsement Chg: TBD Charges. $ $ $ $ $ $ $ 5,175.00 issued by. ASPEN TITLE CORPORATION 600 EAST HOPKINS AVENUE #305 ASPEN CO 81611 FAX 970-920-4052 PH 970-920-4050 DENVER 303-595-8463 TOTAL CHARGES. $ 5,175.00 FIRST AMERICAN TITLE INSURANCE COMPANY -~'~"---"'----'-'-'"'-"~"'--~'-.._'--""'~-~~'-~-"",",,-~------_..__....-..-..-.._~,..__..- "J 'J EXHIBIT nAn Order No. 406506 TITLE VESTINGS B & B PROPERTIES, a Colorado partnership (As to Unit 1102) JAMES B. CARTY, JR. (As to Units 1103, 1109, 1117, 1123, 1125, 1127, 1135, 2216, 2233, 2235, 2245 and 2247) STAFF SERVICES CO., LIMITED, a Jersey Island corporation (As to ~nits 1104, 1106, 1116, 1122, 1131, 1154, 1163, 1165, 1169, 2204, 2208, 2210, 2214, 2224, 2230, 2248, 2252, 2254, 2255, 2259, 2261 and 2273) TIM GRIFFIN and MICHAEL C. FLETCHER, as tenants in common (As to Unit 1105) JAMES CARTY (As to Unit 1107) GREG S. ADAMS (As to Unit 1108) FLOYD RUSSAK (As to Unit 1110) CHARLES,F. ZALABAK and PAMELA S. SHOCKLEY-ZALABAK, as tenants in commori (As to Unit 1111) J. J. KAUFMANN, JR. (As to Unit 1112) CLARENCE BR.YAN MOERY, JR. (As to Unit 1113) WILLIAM A. ADCOCK (As to Unit 1114) KENNETH B. FOSTER, JR., FOSTER, MARGO, as tenants in common (As to Unit 1115) ERNEST F. SCHLICHTEMEIER and PEGGY P. SCHLICHTEMEIER, as tenants in common (As {Continued} FIRST AMERICAN TITLE INSURANCE COMPANY ._-,-------~--------.--..,.............--,--....,..~~.- 'J Subordinate recordings (continued) to unit 1120) FREDERICK J. T. ROUKEMA TRUST (As to Unit 1121) SARA FLOYD CLEMONS aka SARAH FLYOD CLEMONS (As to Unit 1124) ROBERT SHURTLEFF and BEVERLY SHURTLEFF, as tenants in common (As to Unit 1126) GERDA E. ROMUNDSTAD and TERRY O. ROMUNDSTAD, as tenants in common (As to Unit 1128) THE BOWERS FAMILY LIMITED PARTNERSHIP (As to Unit 1129) HENRI QUE RODRIGUEZ-GUILLEN (As to Unit' 1130) LESLIE G. BERMAN, Trustee of the LESLIE G. BERMAN TRUST AGR~~MENT Dated March, 25, 1993 (As to Units 1132 and 1155) ROCCO F. ENGLISH and MARIE P. ENGLISH, as tenants in common (As to Unit 1133) KEYSTONE FAMILY PARTNERSHIP, LLLP (As to Unit 1137) JANE E. BUNIN (As to Units 1147 and 1149) O. THOMAS HAYES, III and JEANNE M. MARAZ, as tenants in common '(As to Unit 1148) JAMES E. BOLIN, JR. aka JAMES EDWIN BOLIN, JR. and MARY GRAY BOLIN, in joint tenancy (As to Units 1150 and 1152) , AUSTINE N. STITT and HAROLD L. STITT, in joint tenancy (As to Unit 1151) BARRY P. FLETCHER (As to Unit 1153) COYLE SHEA, as Trustee of the COYLE SHEA REVOCABLE LIVING TRUST, Dated February 8, 1991 (As to Unit 1156) MORRIS S. BERMAN and LESLIE G. BERMAN, Trustees under the LESLIE G. BERMAN REVOCABLE TRUST AGREEMENT Dated March 25, 1993 ' (As to Unit 1157) JOlIN LOFFREDO aka JOlIN L. LOFFREDO and NANCY B. LOFFREDO, as tenants in common (As to Unit 1158) , JOlIN L. HANCOCK CO., INC., (As to Units 1159 and 1161) NANCY B. LOFFREDO and JOlIN L. LOFFREDO, as tenants in common (As to Unit 1160) PAUL LEVINSON, PATRICIA LEVINSON, MARC LEVINSON and BARBARA LEVINSON, as tenants in common (As to Unit 1162) SIDNEY S. UYETAKE and DIANE M. UYETAKE' in joint tenancy (As to Unit 1164) LOUISE KOWAR and HEIDI KOWAR, in joint tenancy (As to Unit 1166) MORRIS S. BERMAN and LESLIE G. BERMAN, Trustees under the LESLIE G. BERMAN TRUST AGREEMENT Dated March 25, 1993 (As to Unit 1167) R & N ENTERPRISES, a partnership (As to Unit 1168) TED L. EDWARDS (As to Unit 1170) (Continued) " Subordinate recordings (continued) DOUG HAWTHORNE (As to Unit 1171) JOHN I. F'ISHBURNE, JR. (As to Uni t 11 72) GREGORY V. POTTS and KRISTA L. POTTS, as tenants in common (As to Unit 1173) DENNIS D. CHRISTENSEN (As to Unit 2200) DENNIS.CHRISTENSEN (As to Unit 2202) RIClrJIlID MUENZ,-/liARYEL"LEN-RUNGEand~PAUL A. RUNGE, as tenants in common 2203) (As to Uni t __"'_ BRYON SPANJER and MARTHA interest; and JOHN GARZA one-half (1/2) interest SPANJER, in joint tenancy, as to an undivided one-half and SUSAN GARZA, in joint tenancy, as to an undivided (As to Unit 2205) (l/2) LEE CLARK and NORMAN DAVIS, in joint tenancy (As to Unit 2206) VALDUN ASSOCIATES INTERNATIONAL, INC. (As to Unit 2207) HENRIQUE RODRIQUEZ-GUILLEN (As to Units 2209, 2211 and 2213) H. JAMES RIPPON (As to Unit 2212) ANDREW ZURICK and PAT ZURICK, as tenants in common (As to Unit 2215) .. EILEEN ROBERTS (As to Unit 2217) JOLLYN ERICKSON (As to Unit 2218) WILLIAM H. LAMAN and E. MARGRIT LAMAN, in joint tenancy, as to an undivided one-half (1/2) interest and WERNER R'S1l:UER alld GERTRUD I. BAUER, in joint tenancy, as to an undivided one-half (1/2) interest (As to Unit 2220) NANCY TATE HALL (As to Units 2221 and 2223) LEE CLARK and NORMAN DAVIS, as tenants in common (As to Unit 2222) BLUEJAY AVIATION SALES, INC. (As to Units 2225 and 2227) M. EDWINA BARNETT (As to Unit 2226) BARRY WILSON HEAPS and TONI ADELE HE.1\PS, in joint tenancy (As to Unit 2228) DENNIS F'. RATNER (As to Unit 2229) KENNETH M. POLLOCK, DENNIS F'. RATNER and WILLIAM SCHIRGER, as tenants in common (As to Unit 2231) JAMES H. SWEENY, III (As to Unit 2232) THOMAS R. GRIMM, JR. (As to Unit 2237) GEORGE A. VINCENZI TRUST (As to Unit 2239) STEPHEN L. GAMMILL and MARYANN P. GAMMILL, as tenants in common (As to Unit 2241) (Continued) . ~- '''''''' . . ___..___.~"..~_ "~';"''''r~r''''n.,~~...~__----,_,,;"""........~,_~~.~,~~... . , J Subordinate recordings (continued) RICHARD H. FRYE and MARCIA M. FRYE, Trustee, FRYE FAMILY TRUST, u/d/t May 22, 1991 (As to Units 2243 and 2258) JOHN R. CANNON (As to Unit 2249) DOUGLAS C. BORDEN (As to Unit 2250) GEORGE A. VICENZI TRUST Dated April 3, 1996 (As to Unit 2251) KEYSTONE FAMILY PARTNERSHIP, LLLP (As to Unit 2253) J.R. WILLIAMS PROPERTIES, INC., a Colorado corporation (As to Unit 2256) NIDHI MEHTA (As to Unit 2257) TIELBORG LIVING TRUST JAMES A. TEILBORG, Trustee (As to Unit 2260) ROBERT SCOTT VANESS (As to Unit 2262) WILLIAM E. SCHIRGER (As to Unit 2263) ROMY S. BISSIG (As to Unit 2264) CAROLYN A. SCHIRGER (As to Unit 2265) P.D.K. LAND & DEVELOPMENT LIMITED PARTNERSHIP Dated October 1, 1994 (As to Unit 2266) , DENNIS D. CHRISTENSEN (As to Unit 2267) SUZANNE E. KLEIMAN, Trustee, 1988 KLEIMAN LIVING TRUST Dated June 28, 1988 (As to Unit 2268) CHRISTINE SPEER (As to Unit 2269) JACK M. HALL, JR. and SANDRA D. HALL,' in joint tenancy (As to Unit 2270) CAROL LOEWENSTERN (As to Unit 2271) BETTY JANE HALL BENTLEY (As to Unit 2272) B AND B PROPERTIES, a Colorado general partnership (As to Units A-1, A-2, B-1, B-2, B-3, C-1, C-2, D-1, D-2 and D-3) RESORT DEVELOPMENT CORPORATION, f/k/a RESORT INVESTMENT CORPORATION and THE INN AT ASPEN CONDOMINIUM ASSOCIATION, INC., a Colorado non-profit corporation, as their interests may appear (As to Units E-1, E-2, E-3, E-4, E-5, E-6 and E-7) ,.~,~_"~ _C-~~___.,,, .,'__" ... .,,,.. "_'_." "'~""'."_~"_'_~_~"__'_" COMMITMENT Plat id No. Order No. 406506 -C 5. (- The land referred to in the Colorado, County of pitkin SCHEDULE A (continued) Commitment is covering the land in the State of , described as follows: THE INN AT ASPEN, A CONDOMINIUM, according to the Map filed in Plat Book 16 at Page 52 and according to the Condominium Declaration.recorded August 21, 1984, in Book 471 at Page 794 and amended November 2~, 1985, in Book 499 at Page 536. , FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT SCHEDULE B Order No. 406506 -C Section 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH. , I 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. Deed or grant of easement fro~ The I~ at Aspen Condominium Association, Inc., a Colorado non-profit corporation for and on behalf.of the Condominium unit owners of The Inn at Aspen, to a party or parties to be determined. 2. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate trans.fer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City. of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. A CERTIFICATE OF TAXES DUE .LIST~NG EACH ,TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT PURSUANT TO 1983 C.R.S., 39-1-102 (14.5) ATA CHARGE OF $10.00 EACH TO THE CUSTOMER. 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 inch. The Cle:rka.ndltecorder m"y refuse to record or file any document that does not cOnform. The requirement for the top margin shall not apply to documents. using forms on which space is provided for recording or filing informatio.n at the top margin of the document. FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT SCHEDULE B Section 2 EXCEPTIONS Order No. 406506 -C The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correc~ survey 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 orothe~m~~t~r~,if any, created, first appearing in the public records or attaching subsequent to the effective date her~of, 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 assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Deed of Trust from Bahman Khaki and Susan Ann Khaki to the Public Trustee of Pitkin County for the use of tr.s:Capital Morl:gageCorpo:ration, to secure $89,900.00, dated April 25, 1985, and recorded May 31, 1985, in Book 486 at Page 921. {Applies to Unit 1103} , Assignment of the above Deed of Trust. to Ce~ter Savings and Loan Association, recorded November 8, 1985, in Book 498 at Page 752. 8. Deed of Trust from .James .ll' Ca:r:~y, Jr:.to the Public Tru,stee of pitkin County for the use of North Valley Bank, "to secure $228,000.00, dated Ju.ne 28, 1991, and recorded July 5, 1991, in Book 650 at Page 687. {Applies to Units 1103, 1109, 1117, 1123, 1125 and 1127} Assignment of Rents recorded July 5, 1991, in Book 650 at Page 690, given in connection with the above Deed of Trust. {Continued} FIRST AMERICAN TITLE INSURANCE COMPANY . EXCEPTIONS (continued) Order No. 406506 -C 9. Deed of Trust from Staff Services Co. Limited to the~l,i~ Tr\lstee of Pitkin County for the use of Alpine Bank - Aspen Branch, to secure $212,i91.00, dated March 13, 1997, and recorded April 1, 1997, at Reception No. 402984. (Applies to Units 1104, 1106, 1116, 1122, 1131, 1154, 1169, 2204, 2214, 2224, 2230, 2248, 2252, 2254, 2255, 2261 and 2273) 10. Assessment Lien of TheI~,~~Aspen Condominium Association in the amount of $923.58, as evidenced by Statement of Lien recorded April 22, 1991, in Book 664 at Page 553. (Applies to unit 1105) 11. Assessment Lien of The Inn at Aspen Condominium Association in the amount of $1,365.40, as evidenced by Statement of Lien recorded July 11, 1995, in Book 786 at Page 660. (Applies to Unit 1105) 12. Deed of Trust from Timothy D. Griffin, Trustee, Timothy D. Griffin and Michael C. Fletcher to the Public Trustee of pitkin County for the use of Fifth Third Bank, to secure $38,000.00, dated June 23, 1997, and recorded July 28,_ 1997, at Reception No. 406733, and re-recorded August 11, 1997, at Reception No. 407211. (Applies to Unit 1105) 13. Deed of Trust from Greg S. Adams to the Public Trustee of Pitkin County for the use of Suburban Mortgage Inc., to secure $95,900.00, dated June 17, 1999, and redOrded July 2, 1999, at Reception No. 432946. (Applies to Unit 1108) Assignment of the above Deed of Trust to. The Bank of New York, recorded January 4, 2000, at Reception No. 439201. 14. Deed of Trust from J ..J. Kauftl\ann, Jr. to the Public Trustee of pi tki.n County for the use of U.S. Capital Mortgage Corporation, to secure $114,200.00, dated August 17, 1984, and recorded September 5, 1984, in Book 472 at Page 785. (Applies to Unit 1112) Assignment of the above Deed of Trust to Colorado Savings Bank, F.S.B., recorded January 21, 1992, in Book 667 at Page 266. 15. Deed of Trust from Ke~eth ~. F9ster, Jr. and Margo Foster to the Public Trustee of Pitkin County for the use of u. S. Capital Mortgage Corporation, to secure $86,300.00, dated August 17, 1984, and recorded September 5, 1984, in Book 472 at Page 803. (Applies to Unit 1115) Assignment of the above Deed.9frr\l~t ~o.Cent~r Savings and Loan Association, recorded November 8, 1985, in Book 498 at Page 752. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 406506 -C 16. Deed of Trust from William J. MacKellar and Sherril J. MacKellar to the Public Trustee of pitkin County for the use of Richard B.' McClure and Leslie F. McClure, to secure $122,300..00, dated August 14, 1985, and recorded October 29, 1985, in Book 498 at Page 15. (Applies to Unit 1128) Assignment of the above Deed of Trust to San Jacinto Savings Association, recorded January 21, 1987, in Book 528 at page 457. 17. Deed of Trust from Rocco F. English and Marie P. English to the Public Trustee of pitkin County for the use of U.S. Capital Mortgage Corporation, to secure $86,300.00, dated August 17, 1984, and recorded September 6, 1,984, in Book 472 at Page 901. (Applies to Unit 1133) Assignment of the above Deed of Trll"tt.? ,Ba.nkers 'rr\j,st, Company of California, N.A., recorded March 24, 1998; at Reception No. 414843. 18. Deed of Trust from Rocco F. English and Marie P. English to the .Public Trustee of pitkin County for the use of Nationsbank, N.A., to secure $66,955.81, dated September 17, 1998, and recorded September 24, 1998, at Reception No. 422371. (Applies to unit 1133) 19. Deed of Trust from Robert F. Sasse and Earleen E. Hasse to the Public Trustee of Piekin CoUnty for the use of Alpine Bank -,Aspen Branch, to secure $23,331.00, dated February 26, 1997, and recorded March 20, 1997, at Reception No. 402688. (Applies to Unit 1137) 20. Deed of Trust from O. Thomas Hayes, IU and Jeanne M. Maraz to the Public Trustee of pitkin County for the use of U.S. Capital Mortgage corporation, to, secure $89,900.00, dated December 31, 1984, and recorded January 21, 1985, in Book 480 at Page 265. (Applies to Unit 1148) Assignment of the above Deed of'Trust to Mellon Bank, N.A., recorded April 7, 1987, in Book 533 at Page 13. 21. Deed of Trust frOmllarry P. Fletcher to the Public Trllstee of pitkin County for the use of Alpine Bank - Aspen Branch, to secure $11,454.00, dated February 27, 1997, and recorded April 3, 1997, at Reception No. 403105. (Applies to Unit 1153) 22. Deed of Trust from Morris S. Berman and Leslie G. Berman to the Public Trustee of pitkin County for the use of U.S. Capital Mort:.gage COrpora.tion, to secure $90,600.00, dated March 29, 1985, and recorded April 25, 1985, in Book 485 at Page 204. (Applies to Unit 1155) (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 406506 -C Assignment .of the above Deed .of Trust to Mellen Bank, N.A., recerded April 7, 1987, in Beek 533 at Page 5. .. 23. Deed .of Trust frem Merris S. Berman and Leslie G. Berman te the Public Trustee .of pitkin Ceunty fer the use .of U.S. Capital Mertgage Cerperatien, te secure $90,600.00, dated March 29, 1985, and recerded April 25, 1985, in Beek 485 at Page 196. (Applies te Unit 1157) Assignment .of the abeve Deed .of Trust te Mellen Bank, N.A., recerded April 7, 1987, in Beek 533 at Page 5. 24. Deed .of Trust frem Enrice Serine and Patricia A. Serine te the Public Trustee .of Pitkin Ceunty fer the use .of Nertheastern Bank .of Pennsylvania, te secure $99,900.00, dated Octeber 24, 1985, and recerded Nevember 15, 1985, in Beek 499 at Page 102. (Applies te Unit 1165) 25. Deed .of Trust frem Heidi Kewar and Leuise Kewar te the Public T~stee .of pitkin Ceunty fer the use .of Suburban'Mertgage Inc., te secure $80;535:00, dated May 10, 1999, and recerded May 17, 1999, at Receptien Ne. 431124. -(Applies te Unit 1166) 26. Deed .of Trust frem Ted L. Edwards te the Public Trusteee~ ~i~ki~ Ceunty fer the use'ef U.S. Capital Mertgage cerperatien, to secure $114,200'.00, dated Nevember 1, 1984, and recerded January 21, 1985, in Beek 480 at Page 273. (Applies te Unit 1170) Assignment .of the abeve Deed .of Trust toCelerade Savings Bank, F.S.B., recerded January 21, 1992, in Beok 667 4t Page 266. (Applies te Unit 1171) 27. Mertgage frem Gregery V. petts and Krista L. Petts, Mertgager, in faver .of The First Natienal Bank, Day ten, Ohie, Mertgagee, in the ameunt .of $50,000.00, dated April 18, 1988, and recerded April 27, 1988, in Beek 562 at Page 255. (Applies te Unit 1173) 28. Deed .of Trust frem Paul A. Runge, Richard Muenz and Maryellen Runge te the Public Trustee .of Pitkin Ceunty fer the use .of U.S. Capital Mertgage Cerperatien, te secure $101,600.00, dated April 30, 1985, and recerded May 31, 1985, in Beek 486 at Page 937. (Applies te Unit 2203) Assignment .of the abeve Deed .of Trustt~ ~~c~~ity First Savings & Lean Asseciatien, recerded February 23, 1993, {n Beek 704 at Page 328. (Applies te Unit 2203) (Centinued) FIRST AMERICAN TITLE INSURANCE COMPANY . EXCEPTIONS (co~tinued) Order No. 406506 -C 29. Deed of Trust from Byron Spanjer and Martha Spanjer to the Public Trustee of pitkin County for the use of Aspen Savings and Loan Association, to secure $48,800.00, dated December 23, 1988, and recorded December 30, 1988, in Book 582 at Page 284. (Applies to Unit 2205) 30. Deed of Trust from JohnZelano. to the Public Tru~tee of Pitkin Ceunty for the use of Pamela J.'Abernethy; tOo secure-"$!>"7,375.00, dated Decemmer 21", 1989, and recorded December 29, 1989, in Book 610 at Page 818. (Applies to Unit 2209) 31. Deed of Trust from John C. ,Weimann .and Elayne R. Weimann to the Public Trustee of Pitkin County for the use of U.S. Capital Mortgage Corporation, to secure $73,900.00, dated August 17, 1984, and recorded January 21, 1985, in Book 480 at Page 337. (Applies to Unit 2212) Assignment of the above Deed of Trust tO,Mellon Bank, N.A., recorded April 7,. 1987, in Book 533 at Page 13. 32. Deed of Trust from Nancy Tate Hall to the Public Trustee of 'pitkin County for the use of American Pioneer Financial Services, Inc., to secure $75,000.00, dated October 15, 1999, and recorded October 19, 1999, at Reception No. 436775. (Applies to Unit 2221) Ase1gnment of the above Deed of Trust to The Bank of New York, recorded June 23, 2000, at Reception No. 444529. 33. Deed of Trust from Barry wilson Heaps and Toni Adele Heaps to the Public Trustee of pitkin County for the use of Alpine Bank- Aspen Branch, to secure $45,000.00, dated April 2, 1997, and recorded April 2, 1997, at Reception No. 403,033 (Applies to Unit 2228). 34. Assignment of Rents recorded April 2, 1997, at Reception No. 403034, given in connection with the above Deed of Trust. 35. Deed of Trust from Barry wilson Heaps and Toni Adele Heaps to the Public Trustee of Pitkin County for the use of Alpine Bank - Aspen Branch, to secure $10,369.00, dated April 2, 1997, and recorded April 2, 1997, at Reception No. 403035. (Applies to Unit 2228) 36. Assignment of Rents recorded April 2, 1997, at Reception No. 403036, given in connection with the above Deed of Trust. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY '/' EXCEPTIONS (continued) Order No. 406506 -C 37. Deed of Trust from Dennis F. Ratner to the> Public'I'rustee of Pitkin County for the use of NationsBank, N.A., to secure $84,900.00, dated September 30, 1998, and recorded September 30, 1998, at Reception No. 422631. (Applies to Unit 2229) 38. Deed of Trust from Thomas R. Grimm, Jr. to the Public Trustee of for the use of Alpine Bank - Aspen Branch, to secure $11,877.00, 24, 1997,' and-recorded March 20, 199/, at Reception No. 402551. 2237) pitkin County dated February (Applies to Unit 39. Deed of Trust from John R. Cam,>on to the. Publi.c Trl.lstee of pitkin County for the use of U.S. Capital Mortgage Corporation, to secure $89,900.00, dated November 18, 1985, and recorded January 8, 1986, in Book 503 at Page 90. (Applies to Unit 2249) Assignment of the above Deed of Trust to Mellon Bank, N.A., recorded September 23, 1986, in Book 519 at Page 399. 40. Deed of Trust from Ear1een E. Hasse to the Public Trustee of the use of Alpine Bank - Aspen Branch, to secure $23,331.00, 1997, and recorded March 20, 1997, at Reception No. 402689. 2253) pitkin COlJIlty for dated February 26, (Applies to Unit 41. Dee. of Trust from Staff Services Co. Limited to the Public County for the use of Alpine Bank - Aspen Branch, to secure March 13, 1997, and recorded January 27, 1998, at Reception to Unit 2259) Trustee of Pitkin $212,191.00, dated No. 412925. (Applies 42. Deed of Trust from Lester Jay Vaness to the Public T~stee of pitkin County for the use of U.S. Capital Mortgage Corporation, to secure $120,500.00, dated May 22, 1985, and recorded July 10, 1985, in Book 489 at Page 505. (Applies to Unit 2262) Assignment of the above Deed of T~st to Secu~ity First Savings & Loan Association, recorded February 23, 1993, in Book 704 at Page 334. 43. Deed of Trust from Robert M. Morton andEla~J:ll!l.9 '..!IIo~~()J:lto ~he. ~li.~.'I'rustee of Pitkin County for the use of U.S. Capital Mortgage .Corporation, to secure $120,500.00, dated March 27, 1985, and recorded April 4, 1985, in Book 484 at Page 63. (Applies to Unit 2268) Assignment of the above Deed of Trust to Center Savings and Loan Association, recorded November 8, 1985, in Book 498 at Page 752. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY --'-_._..._"_.~--,.__.~---------- . ~~..~....,.~-___,..".,...,..-~,__....._"_..e'~,""","""'."_-'...".,,.,,-.,.~-;'7-'-__ \ j EXCEPTIONS (continued) Order No. 406506 -C 44. Deed of Trust from Christopher Branoff to the Public Trustee of Pitkin County for the use of Alpine Bank - Aspen Branch, to secure $84,000.00, dated July 28, 1997, and recorded August 25, 1997, at Reception No. 407574. (Applies to Unit 2269) 45. ~ssignment of Rents recorded August 25, 1997, at Reception No. 407575, given in connection with the above Deed of Trust. 46. Deed of Trust from B & B properties to the Public Trustee of pitkin County for the use of Alpine Bank - Aspen Branch, to secure $1,500,000.00, dated April 1, 1998, and recorded April 9, 1998, at Reception No. 415436. (Applies to Units A-1, A-2, B-1, B-2, B-3, C-1, C-2, D-1, D-2 and D-3) 47. Assignment of Rents recorded April 9, 191998, at Reception No. 415437, given in connection with the above Deed of Trust. 43. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 16, 1944, in Book 167 at Page 562. 44. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 20, 1953, in Book 180 at Page 155.. 45. Easement and right of way for gas line purposes, as granted to Rocky Mountain Natural Gas by instrument recorded October 19, 1961, in Book 195 at Page 428. 46. Lease between Friedl Pfeifer and But.termilkM"l!IltainSk~ing Corporati.on, recorded May 16, 1963, in Book 202 at Page 316 as amended by 1nstrument (s) recorded October 5, 1966 in Book 223 at Page 200. 47. Easement and right of way for telephone line purposes, as granted to The Mountain States Telephone and Telegraph Company by instrument recorded August 26, 1966, in Book 222 at Page 321 and in instrument recorded September 21, 1967 in Book 229 at Page 306. 48. Easement and right of way for water line purposes, as granted to Buttermilk Skiing Corporation by instrument recorded October 17, 1977, in Book 336 at Page 689. 49. Easement and right of way for water line purposes, as granted to Buttermilk Skiing Corporation by instrument recorded November 15, 1977, in Book 338 at Page 698. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY \ j EXCEPTIONS (continued) Order No. 406506 -C 50. Easement and right of way for avigation purposes, as granted to Pitkin County by instrument recorded July 22,1981, in Book 411 at Page 571. 51. Easement and right of way for electric transmission line purposes, as granted to the Holy Cross Electric Association by instrument recorded July 27, 1982, in Book 429 at Page 890 and July 13, 1984 in Book 469 at Page 505. 52, Easement and Licensing Agreement between Virginia Aspen Corporation and the Buttermilk Mountain Skiing Corporation, May 13, 1969, in Book 241 at Page 22 and amendment thereto recorded February 29, 1984, in Book 462 at Page 165. 53. Resolution by the Board of County Commissioners, recorded March 8, 1984, in Book 462 at Page 733. 54. Easement Agreement between Virginia Aspen Corporation and the Board of County. Commissioners, recorded April 9, 1984, in Book 471 Page 200. 55. Easements, rights of way and other matters as shown on the map of the Inn at Aspen. 56. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Conaominium Declaration recorded August 21,. 1984, in Book 471 at Page 794, as amended by instrument(s) recorded November 21, 1985, in Book 499 at Page 536. 57. Resolution number 91-52 by the Board of County Commissioners recorded January 24, 1992 in Book 667 at Page 531. 58. Any and all leases and tenancies incl~ding but not limited to that lease evidenced by Memorandum of Lease between B & B Properties and Aspen Lodging Company LLC, recorded December 14, 1998, at Reception No. 425453. 59. Right of First Refusal and Purchase Option as evidenced by instrument recorded December 14, 1998, at Reception No. 425453. (Applies to Units A-l, A-2, B-1, B-2, B-3, C-l, C-2, D-l, D-2 and D-3) FIRST AMERICAN TITLE INSURANCE COMPANY . NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO iNSURANCE REGULATION 89-2) A. "GAP" PROTECTION When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com- pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company s.hall be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com- pany is in the possession of the Company. No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other titl~ encumbrances ac- tually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. , B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your horne. If no construction, improvements or major repairs have been undertaken on the properly to be purchased within six rnoffih$ prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. If there have been construction, improvements or major repairs undertaken on the properly to be pur- chased, 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 satis- factory 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 you have contracted or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERREDTOHEREINllNLESS THE ABOVE eONDITIONS ARE FULLY SATISFIED. C-3 (Commibnent Notice) Colorado . DISCLOSURE STATEMI::r~T FlEqIJIflED BY COLORADO REVISED STATUTES @10-11-122 Colorado Revised Statutes@10-11-122requiresthat"everytitle insurance agent or title insurance company shall provide. along with each title commitment issued. a statement disclosing the following information: (a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the ". county treasurer or the county treasurer's authorized agent; (c) That 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."