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HomeMy WebLinkAboutcoa.lu.co.508 E cooper.0076. 20120076.2012.ASLU 508 E. Cooper Ave 2737 18 2 24 007 Condom iniumization 0076.2012.ASLU 508 E. Cooper Ave 2737 18 2 24 007 Condominiumization C [I] THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0076.2012.ASLU PARCEL ID NUMBERS 2737-07-3-32-002 PROJECTS ADDRESS 508 E COOPER AVE PLANNER JIM POMEROY CASE DESCRIPTION CONDO REPRESENTATIVE DON CARPENTER DATE OF FINAL ACTION 12.12.12 CLOSED BY ANGELA SCOREY ON: 7/2/13 '. C"w0' COOPER STREET CONDOMINIUMS PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE ALL OF THE EASTERLY 18 INCHES OF THE SOUTHERLY 68 FEET OF LOT L, THE SOUTHERLY 70 FEET OF LOT M, ALL OF LOT N EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CiTY AND TOWNSITE OF ASPEN TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH IN DEED RECORDED AUGUST 22, 1969 IN BOOK 243 AT PAGE 279, ALSO KNOWN AS 508 E. 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COOPER AVENUE, CITY OF ASPEN, COUNTY OF PMON, STATE OF COLORADO SHEET 2 OF 5 BUILDING DIMENSIONS, EASEMENTS AND ENCROACHMENT DETAIL MAIN LEVEL EXTERIOR PLAN VIEW SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET. SURE A3 CARBONDALE, COLORADO 81923 (970) 7040317 6/01 0,31( MAIN LEVEL GCE DETAIL scale 1"=6' 1+3 m GMMBC SCMF 1.Rn� Id•34 cor;oawanN uae e: COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORAW SHEET 3OF5 PLAN VIEWS MAIN LEVEL PLAN VIEW sole 1"-5' K,R�•i F^1 sdwrorta • r I - tn' II I� 1 !. � r ,777 III, rrr..e atifa. 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COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 4 OF 5 PLAN VIEWS ROOF LEVEL PLAN VIEW scale 1'=5' v\4 I UMT201 ,r, i «m nu�`w i«�,mon.wiro��ewu an.w..ec.. u.ass immanwcewanro �..�. • - �-,+.«J }-,�1,--' I «� .«ouK..ram�wn.w,w.,n.�.Iwo"��acw.�«va.wna.0,�w..«e.�.®nic. a_:T+..; r I� �u�>, uwrm� _.,,,,,,J -� 1.��:. 'pa _ n�,n. �.��.«.�„�.n.�.•�,=....oro�,�...«..o.,..,«..,,,.o„.,M,.� ' � ,w,rn� ,o ar. J'y 1`°. k� •unm�eMFA TMIF(y) w�owM.rBnu«o an.rtoo.ar.nu mm u«ff USiGf o un cor.�Mfenu 0 Lt AU COMMf«CLLL 4 I ; TDI 1,9 RfSHIfNTIM 6M11K WAU THIRD LEVEL PLAN VIEW scale 1•=5' SOPRIS ENGINEERING - LLC CmX COFISULTANTS 502 MAIN STREET, SURE A3 CARBONOALE, COLORADO 8/823 (970)7040311 a4s�.fnFied�ruat �Iml fMJ ofs,n Mnn6r «i6boPvueFws,Gfro1 eavmmsi n�wm«eaer m.i I, �I�rtu,ia ;I II , ----------- �41 1 yl NORTH ELEVATION VIEW SCALE 1*=10 COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF Pr KIN, STATE OF COLORADO SHEET 5 OF 5 ELEVATION VIEWS , O "--- M urn I Ewa 1 I Ymo,NH II 1 I I I II r I 1, 1 EI �aruw ;i I 1 EAST ELEVATION VIEW SCALE 1'=10' SECTION VIEW B SCALE 1"-10' ;I I I II I I _ _ SOUTH ELEVATION VIEW SCALE 1"-10' i I i SECTION VIEW A SCALE 1'=10' SOPRIS ENGINEERING - LLC CARL CONSULTANTS sm MAIN STREET, SUITE A] CARBONDALE• COLORADO 81827 (870) 7040311 rr--- i II 1 - 11 1 , t®ina I 1 I r— I � II 11 II 11 j1L__J WEST ELEVATION VIEW SCALE 1•=10' SECTION KEY NTS a. . r.n COOPER STREET CONDOMINIUMS M mvnwb fom Jrll t nmpaWe m M °ea PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE ALL OF THE EASTERLY 18 INCHES OF THE SOUTHERLY 68 FEET OF LOT L, THE SOUTHERLY 70 FEET OF LOT M, ALL OF LOT N EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CITY AND TOWNSITE OF ASPEN TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH IN DEED RECORDED AUGUST 22,1969 IN BOOK 243 AT PAGE 279, ALSO KNOWN AS 5D8 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET IOF5 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS �acw SHEET INDEX, CONTROL MAP 1rs SeC.cWTl1 ti�Wnewre.r.mnwncm� m. wsar,�msa. aqa GMMKSCMF �� aser�e9�rra,nMw•Nisq r•+�+nbe�ora Wen�n�. wr _ e_sYi Ilaa IDI 1lsbaxana.aa�.ewsY wn,..n_e.d:�: ,�, SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS w,n an 502 MAIN STREET, SUITE A3 CARBONDALE. 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COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITION, STATE OF COLORADO SHEET 2 OF 5 BUILDING DIMENSIONS, EASEMENTS AND ENCROACHMENT DETAIL 0 MAIN LEVEL EXTERIOR PLAN VIEW scale 1"=5' 1•31 IO a ne.n r.Yz.ce.r..s. rY,w+.n wino- 11 agm rYmeY oY om c«owYws I e.wY /lY,: Y Y,pnYYYs r MAIN LEVEL GCE DETAIL SOPRIS ENGINEERING - LLC scale 1"=5' C1v1L CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE. COLORADO 81623 (970)704-0311 GRARIK SGIE r w resrr MAIN LEVEL PLAN VIEW scale 1"=5' COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITION, STATE OF COLORADO SHEET 3 OF 5 PLAN VIEWS AawrAelL Isr) me.µ Nrt USAGE i90 0 ].6S) LDMNNFLLL BASEMENT LEVEL PLAN VIEW scale 1"=5' SOPRIS ENGINEERING - LLC CML CONSULTANTS 502 MANY STREET, SURE A3 CARBONDALE, COLORADO 81623 SECOND LEVEL PLAN VIEW scale 1"=5' G .cSCMF IFlarl I M1�• f R o.o..IxnRom siF,Fr�.F a„mo.b.+u=w res u�iunA r.n..mF, moarF ur a FNFom., FArNm., ________ mD�o.Miw.FlrfplFN3NM n/nFr mr, �wrAF�asc[uv,�of fmi ea� w'r- carni COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITION, STATE OF COLORADO SHEET 4OF5 PLAN VIEWS --- �,u UNR�30] eF ,lmE FOURTH LEVEL PLAN VIEW scale 1"=5' ,,a..'+ �'� ; • 74� I : ,..,.-._. UN"2 r � pry °n THIRD LEVEL PLAN VIEW scale 1"=5' K � f r+ UNIT 2 __ M lcE ROOF LEVEL PLAN VIEW scale 1"=5' ,1 �..,.^m w.�w.cr',n.msugr rar".yEo.—o 1..�ra wssm �� ,MA TARtE ISF, Q UNR USWE p FlOAL Lai p1'— CMMc.— 7p1 p 3E9 COMMRO01 iN 4933 DAIS RESIDENTLLL GBAMK Sru s erm, t R.R• R II SOPRIS ENGINEERING - LLC CML CONSULTANTS 502 MAIN STREET, SUrTE A3 CARBONDALE. COLORADO 81623 l97017D40.311 Rc law ®suv,a� seen fn"J OWGEMWK.HtW2Mpnl NORTH ELEVATION VIEW SCALE 1"=10' COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PMN, STATE OF COLORMO SHEET 5OF5 ELEVATION VIEWSI r _ Z-------------- - I I Ir ---+ r-.-------- I II 1 ------------------- I III L--------------------------z Z _______ ___- ___ urno gun I I aw,ouu I I I I I I I I uu"ien II II________________________________ I JI II al {� Z. _ e�aa==___---�-- y+-------------------------------- L==J EAST ELEVATION VIEW SOUTH ELEVATION VIEW WEST ELEVATION VIEW SCALE 1'=10' SCALE 1"=10' SCALE 1"=10' SECTION VIEW B SCALE 1"=10' I SECTION VIEW A SCALE 1"-10' SOPRIS ENGINEERING - LLC CN1L CONSULTANB 502 MAIN STREET. SUITE A3 CARBONDALE, COLORADO 81623 (970)704-0311 SECTION KEY NTS "Limited Common Elements" means those parts of the Common Elements which are limited to and reserved for the use of the Owners of one or more, but fewer than all, of the Condominium Units, with the sole exception of the Emergency Egress Easement burdening the Unit J-0?1420111 LCE Hallway, all as described under Section 4.1(a) below. Without limiting the foregoing, the Limited Common Elements shall include any terrace, balcony, deck, patio, planter, entryway, or porch adjacent to an Individual Air Space Unit, and any individual chimneys and flues, individual heating, ventilation and air-conditioning units and fixtures, and individual water and sewer service lines, water heaters, and any plumbing or other installation servicing an Individual Air Space Unit, including, but not limited to, all such items designated as Limited Common Elements on the Map. The deck, balcony or patio and the fireplace chimneys which are accessible from, associated with, and which adjoin a particular Individual Air Space Unit, without further reference thereto, shall be used in connection with such Individual Air Space Unit to the exclusion of the use thereof by the other Owners, except by invitation. No reference thereto need be made in any instrument of conveyance, encumbrance or other instrument. "Mold" is defined in Article 8. "Mortgage" means an unpaid or outstanding mortgage, deed of trust, deed to secure debt or any other form of security interest encumbering a Unit. "Mountain Resort Activities" is defined in Section 16.1. "Mountain Resort Areas" is defined in Section 16.1. "New Owner" is defined in Section 17.3. "Owner" means any record owner (including Declarant, and including a contract seller but excluding a contract purchaser), whether a natural person or persons, or an entity, of a fee simple title interest in and to any Condominium Unit; excluding, however, any record owner with an interest therein merely as a Mortgagee (unless such Mortgagee has acquired fee simple title interest in the Condominium Unit pursuant to foreclosure or any proceedings in lieu of foreclosure). "Permitted Unit Alteration" is defined in Section 10.1. "Permittee" means a Person, other than an Owner, rightfully present on or in rightful possession of a Unit or Common Element, or a portion of a Unit or Common Element; including, without limitation, (i) a tenant or member of an Owner or the Association, or (ii) an agent, employee, customer, contractor, licensee, guest or invitee of an Owner, the Association, or a tenant of either of them. "Person" means a natural person, corporation, partnership, limited liability company, trust or other entity, or any combination of them. "Project" has the meaning ascribed in Article 1 above. "Property" has the meaning ascribed in Article I above. A- 7 maintain a partition action or any other cause of action designed to cause a division of the Common Elements; provided, however, the sale or conveyance of a Condominium Unit (including the appurtenant share of the Common Elements), as an undivided property, in association with an action for partition shall be permitted, and except as so provided, this Section may be pleaded as a bar to the maintenance of such an action. Any Owner who shall institute or maintain any such action shall be liable to the Association and hereby agrees to reimburse the Association for the Association's costs, expenses and reasonable attorneys' fees in defending any such action. Such amounts shall automatically become a Default Assessment determined and levied against such Owner's Unit and enforced by the Association in accordance herewith. Notwithstanding the foregoing, the Association shall have the right to dedicate, sell or otherwise transfer all or any part of the Common Elements to the fullest extent permitted under the Act. The granting of easements by a majority of voting Directors of the Executive Board, including the approval of at least one (1) Director for each class of /Directors, for public utilities, for access by pedestrians or for other public purposes not inconsistent with the intended use of the Common Element shall not be deemed a transfer requiring any consent of the Owners. Article 4 EASEMENTS 4.1 Project Easements. Declarant hereby grants and conveys to the Residential and Commercial Unit Owners the following easements and interests, which are non-exclusive (collectively, the "Project Easements"): (a) Access Easements. An easement for the benefit of the Residential Owners and Commercial Owners, their tenants and respective Permittees through, on or in those portions of the Common Elements, as may be reasonably necessary to gain pedestrian access between the Residential and Commercial Units and the public roads and sidewalks and rights -of -way adjoining the Project; and An easement for the benefit of the Residential Owner and Commercial Owners, and their respective tenants and Permittees as may be reasonably necessary for access to and from the Project through, on or in any common corridors, stairways, hallways and entrances, located within the Project; except any such corridors, stairways, hallways and entrances specifically designated for Commercial or Residential Units as depicted on the Map from time to time. Notwithstanding the foregoing, with respect to that certain area shown on the Condominium Map under the Main Level View Pan that is a Limited Common Element consisting of approximately 231 square feet of hallway space (the "Unit 242102pJ31 LCE Hallway"), the Residential Owner hereby grants to the Commercial Owners a nonexclusive perpetual easement for emergency egress only (the "Emergency Egress Easement") over and across the Unit 29?3220.1.33 LCE Hallway in the event of a life safety matter, such as a fire or other hazard or event that creates an emergency situation where the Commercial Owners need an alternative point of egress from the Building. The Commercial Owners agree that they have A-13 other points of egress from the Building that shall be used on a daily basis under normal conditions and said Unit 2-Q3420I" LCE Hallway shall only be used by the Commercial Owners for emergency egress as described above and for no other purpose. The Residential Owner agrees that the Emergency Egress Easement described above shall comply with any requirements of the City of Aspen building code that may apply to emergency egress,, including without: limitation that there shall be no obstruction or blockage of the Unit201_ LCE Hallway that would _ in any way interfere itllh the Emergency Egress Easement36 (b) LJ l ty Easem.e..M. An easement for the benefit of the Residential and Commercial Owners, their tenants and respective Permittees over and across any Common Elements as may be reasonably necessary for the continuance of utility services, plumbing services, sanitary and storm sewer services, water supply, telecommunications and other services to all or any portion of the Project. (c) Structural Easements. An easement for the benefit of the Residential and Commercial Owners, their tenants and respective Permittees over and across the Common Elements, including, without limitation, the Building and roof, as may be reasonably necessary for adequate enclosure against the elements and structural support of the Project. (d) Easement for Encroachments. An easement for the benefit of the Residential Owners and Commercial Owners, their tenants and respective Permittees, over and across the Project as may be reasonably necessary to permit any encroachments of the Units upon any part of the Project resulting from the construction, reconstruction, shifting, settlement, restoration, rehabilitation, alteration or improvement of the Units and/or Common Elements or any portion thereof, assuming that the Units and/or Common Elements or any portion thereof are reconstructed or restored as nearly as possible to their original design and condition. This easement will continue for so long as the encroachment exists and will burden the portion of the Project encroached upon and benefit the encroaching portion of the Project at no additional cost or expense to the benefitted Owner(s). No easement exists for any encroachment that is materially detrimental to, or interferes with, the reasonable use and enjoyment of the portion of the Project burdened by the encroachment. (e) Use o.f Ea e� ments. The Association must keep, repair and maintain the Easements to the level of similarly situated buildings in downtown Aspen. The Easements may be used and enjoyed only in accordance with and subject to all the other provisions of this Declaration governing and limiting the same. Without limiting the generality of the foregoing, the Easements may not be employed for any use or purpose that constitutes an unusual fire hazard, jeopardizes any insurance maintained on any part of the Project (or result in any increase in the premiums for such insurance), constitutes a public or private nuisance or gives rise to any noxious noises or odors that (on an ongoing basis) materially interfere with the ordinary use and enjoyment of any portion of the Project. 4.2 Ea.eme_n Bene.ft.ng_As$_4..ciatiQn. The Association, and its Permittees, is the beneficiary of those easements granted herein, subject to the terms and conditions of this Declaration and the A-14 COOPER STREET CONDOMINIUMS PURPOSE OF THIS MAP IS TO CONOOMINIUMIZE ALL OF THE EASTERLY 18INCHES OF THE SOUTHERLY 68 FEET OF LOT L, THE SOUTHERLY 70 FEET OF LOT M, ALL Of LOT N EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CITY AND TOWNSITE OF ASPEN TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH I DEED RECORDED AUGUST 22,1969IN BOOK 243 AT PAGE 279, ALSO KNOWN AS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 5 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS _YrNn dsensxsn daf,w �udtrw9wxxFfYnt,E rnr[xu,[md,xf orvd.sry Te_ s� 0-Nnoxxnrtnwn \O iE•xxs9n'dx61 I 1 SHEET INDO( xuw,mnxo. ,I c m,rzm+o,fs.cw,.ocurnn+nuxdn. uownrubs xdy0 ry wx aOfxsoRf.usuxn u,ofxcmuswfxt dixx ®Ss sl .IAN HMS 51 kuV.sslOx vllxi f �sMAIIYe �NA��h44p�0Nr °Aw.ry a0 non aatq� rn..o sn:xvi+c. "n�ir.W1 '.^'FM�MFN{.EI)3.70.grM O[ wAh CONTROL MAP xoer4fas,-yws.�aw.wMrss�rYe Wo.ee�r r,rww n�afd I. SOPRIS ENGINEERING - LLC CNIL CONSULTANTS AIN �A! 502 MSTREET. SUITE A3 CARBONDALE. COLORADO 81623 (970) 704.0311 o wnda.,n�:,we«,afxa,:. s urzd n.wa,nt auus,a,tsx a�, i MMd afwsR.aEsdb d x uW ses,wEFx it l6,,dwEn[xtrCOeExda00, c+w „s xMixr,FsrtArCOeaAOr uDaWd .rdw...,. dxax.xwd mf andb�x �unoc.c„bw dreod wntx,xose ! Oa ,kmxHt •MEIWOrvd/msx�cOrlxl M,W dsnOabH dax OEY.,9,��M1Msvl�O„1ExinadM ,r,kwx s6�'ms rvbfKuO'FD,6lMw,FF[Oxoxx'fA1EV NTbdr�,n„EIM®T+OBA�®xFx61'd Wx6YE A Ml aBss,Ox xaa+a,EJOi�CEo,E1[4art NR nOxv00-Lilav NMrnMO11Mr OIOtIMOEMt"O NtOa6rfdr¢ n saxoutxwwo,a.xw mecd.mxn onu,n®a camiiY1'odd.r. �r�.aw�nx.Nr��xs, �ro�,�waem asbwd , ',aae.mmos.orv..land.,o+.,.n.tom.,nd.,�x„n,Eco,donsw.r,x nnNeod n., > ,e.icamaeNor.owandwrsmm�xn vesdmeexlm�cmaa.nnaxradmoxxo sad ,uvaw�mosxod�� .srrEsdm,u�wu �oq.m,.,Nana,u can n vo'ro,Ebssxo,FrvlSswr.���rrOMr,rtcnmM10 ssra x,.,.avmx,O.foO GAAPNN: S[LLE ,amsmMN wxpuns kwO+c,uxso.wu ua u.,ox sse.+e[,+x.�i, xc�� t� A c.-..n.. d „x .sowunx xfuNso n s'sM M�MN.Nm�n.��t�LM,wsr!usmxcwamvoE+n �f.0 Mo.mmrrwd<dwecwrum ua'b� wu EtOn.wflr �a3s,m,o „s caaM.ES',xe COxdd nFnFmdsquRn,�M,0.d t�� AIM1 aiawx[anuxo,mF owMxisF[aurwr OOFx nss xp oeUi,so. sri[nert as�[swu,t s.x rsovrxNna,rns - D O,na «F➢,MKN •Wc,sR N !IS ap,�i,o+�WYe,®.6�L,6n�.A,s ao �rsar«.nooxm� m'mLL ss�'a eow�ii�ewa enn womau«.orz,ro Yie ,Kme w.nuln rvlrx®nwo muwaw,a mrrw.uuaa�a.vnalm,«o, errcnA anwm,r w: w„o,. ss wnas. s ao na:aac ®,.sss,re,roo,.sa,Konn. w,wm,®mrn.,namr.xs. som.lwr>�.,u«�+ne��aowAlos� ,re�.ea.a,uar.,.,o�ra�.n�o.,...«.•,.n«.m,sm„ �mr�.s..,•�°•pm.a,.�.��,was�wKE,-.m.,nrw�ra,r.hx�,,, COOPER STREETCONDOMINIUMS 5D8 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITVJN, STATE OF COLORADO SHEET 2 OF 5 BUILDING DIMENSIONS. EASEMENTS AND ENCROACHMENT DETAIL MAIN LEVEL EXTERIOR PLAN VIEW stale 1'=5' caArR¢sruL SOPRIS ENGINEERING - LLC CIVIL CONSULTAtM W2 MAIN STREET, SURE A3 CARBONDALE COLORADO 81623 1 icy mr1R (970) 704-0311 66A cSelf wrcs«c,now rrromn.i ,ems � 4 aarrri //,1„_ ��„ ,OiMIYIE,AflEnf,63BEMf O— --COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITION, STATE OF COLORADO SHEET 3 OF 5 ... I I PLAN VIEWS jim�-- ---- - _- rr ' I �I`II BASEMENT LEVEL PLAN VIEW scale 1" 5' 1T, 1 1 VAR w'fro v� LLT . F Lmam S I..u..n F wvw+wi Lc� 1 NiT 2ptvw e C 1 u� n � u.n,.v y � inHrw � u.w„w SECOND LEVEL PLAN VIEW scale 1"=5' uq.nq el m�. rotc ro"a da.e 31 .tl3 WaWd Uti NvnwE"d awttrt,bl..� ,x<�V�cY sY.`wv[m W "Wp Neba CVM'V ttee SIv.Ia lard Il raad�new5 •row^ LLouw1r6uwfmwtxnutorweua [vt,.ra wv�.,ui i w.a[ pdOn4.v03, w S*un�utuvn n:sx[O rtrrenari�. xw•c[.uuc o-utvnoa.rt:avwweveormm ��ecfl mtrvm�va�terrtwtamra wd Taa'aw 6oM, rvuuMuw wn,xF a,rw'utewnt r�p�'�e rtuuvm.rt,E -(SF) (SF) LLE UNR 0U3 0 3A8 103 0 1,395 ]OS 0 369 ]@ 1933 dA15 7HIC SCA F (wetl , R SOPRIS ENGINEERING - LLC CNIL CONSULTANTS 802 MAIN STREET, SUTTE A3 CARBONDALE. COLORADO 81623 (970)704.0311 LL.WVHfertIXw IYi xiVw1';MC4nMRe d CDOPM."JYP aFl(M�B. � IAI Ab bMYTfeawW5w4F� fI1M'.fvMJ ______—_ Le VOE.M.wdFnrt9laH6,p1 n/Ma,!nJ o W bF"c9Fb etvdmt mv. i COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITI N, STATE OF COLORADO SHEET 4OF5 PLAN VANS .., 1 3rb � IR uNlr zo3 Ri I nn.lau u1er4� z It j� K U a y03 FOURTH LEVEL PLAN VIEW scale 1"=5' ,e n „ 1 n m •, •. I Fay r� a.1 I 103 96 I un i2r03 � uc.m.r r rn. J �� wr unwer,.u..a m THIRD LEVEL PLAN VIEW scale 1"=5' ROOF LEVEL PLAN VIEW scale 1"=5' AREA TI1 (YI LE LE UNIT 00] 0 1Q1 0 1.395 MI 0 369 303 1,933 e,�15 GMWM SCMF 1 A �t I SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET. SURE A3 CARBONDALE, COLORADO 81623 (970)]04-0311 vnw rw u¢rweT n,eCr,AL 1'nJ -_______ ,Nun M4En4ENLE.9D,0"f1Mnw]1,]N [x"4Y�wbFwd<mJ 141EmJ 2. CC111D '.I;VI,.V!'I,` COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF M ION, STATE OF COLORADO SHEET 5OF5 ELEVATION VIEWSI B F dI IL . I I ______________ _ —_ , i--------d===�y1 -----------------z------ --- � ; z�oura II sre,oure , —4 I, _L_______________ _______________________________ 1 1 I I I I I II I ________________________________ ;r IL__ I L__J NORTH ELEVATION VIEW EAST ELEVATION VIEW SCALE 1"=10' SCALE 1"=10' SECTION VIEW B SCALE 1"=10' SOUTH ELEVATION VIEW SCALE 1"=30' --- I'll -------r -- -- --- II I II I I I I memuvn III 4___ __z___ I 4mxouvE� I I I II �w.x ievEi I I _ ................... ----------- II II II I I I ess Mex� uvu III II II III I WEST ELEVATION VIEW SCALE 1"=10' SECTION VIEW A SCALE 1"=10' SOPRIS ENGINEERING - LLC CNIL CONSULTANTS N IN STREET. SURE A3 MAI CARBONDALE, COLORADO 81623 (970)7Nd 311 SECTION KEY NTS • ,>® unun mmmwe "Limited Common Elements" means those parts of the Common Elements which are limited to and reserved for the use of the Owners of one or more, but fewer than all, of the Condominium Units, with the sole exception of the Emergency Egress Easement burdening the Unit 202 LCE Hallway, all as described under Section 4.1(a) below. Without limiting the foregoing, the Limited Common Elements shall include any terrace, balcony, deck, patio, planter, entryway, or porch adjacent to an Individual Air Space Unit, and any individual chimneys and flues, individual heating, ventilation and air-conditioning units and fixtures, and individual water and sewer service lines, water heaters, and any plumbing or other installation servicing an Individual Air Space Unit, including, but not limited to, all such items designated as Limited Common Elements on the Map. The deck, balcony or patio and the fireplace chimneys which are accessible from, associated with, and which adjoin a particular Individual Air Space Unit, without further reference thereto, shall be used in connection with such Individual Air Space Unit to the exclusion of the use thereof by the other Owners, except by invitation. No reference thereto need be made in any instrument of conveyance, encumbrance or other instrument. "Mold" is defined in Article 8. "Mortgage" means an unpaid or outstanding mortgage, deed of trust, deed to secure debt or any other form of security interest encumbering a Unit. "Mountain Resort Activities" is defined in Section 16.1. "Mountain Resort Areas" is defined in Section 16.1. "New Owner" is defined in Section 17.3. "Owner" means any record owner (including Declarant, and including a contract seller but excluding a contract purchaser), whether a natural person or persons, or an entity, of a fee simple title interest in and to any Condominium Unit; excluding, however, any record owner with an interest therein merely as a Mortgagee (unless such Mortgagee has acquired fee simple title interest in the Condominium Unit pursuant to foreclosure or any proceedings in lieu of foreclosure). "Permitted Unit Alteration" is defined in Section 10.1. "Permittee" means a Person, other than an Owner, rightfully present on or in rightful possession of a Unit or Common Element, or a portion of a Unit or Common Element; including, without limitation, (i) a tenant or member of an Owner or the Association, or (ii) an agent, employee, customer, contractor, licensee, guest or invitee of an Owner, the Association, or a tenant of either of them. "Person" means a natural person, corporation, partnership, limited liability company, trust or other entity, or any combination of them. "Project" has the meaning ascribed in Article 1 above. "Property" has the meaning ascribed in Article 1 above. A-7 levied against such Owner's Unit and enforced by the Association in accordance herewith. Notwithstanding the foregoing, the Association shall have the right to dedicate, sell or otherwise transfer all or any part of the Common Elements to the fullest extent permitted under the Act. The granting of easements by a majority of voting Directors of the Executive Board, including the approval of at least one (1) Director for each class of /Directors, for public utilities, for access by pedestrians or for other public purposes not inconsistent with the intended use of the Common Element shall not be deemed a transfer requiring any consent of the Owners. Article 4 EASEMENTS 4.1 Proiect Easements. Declarant hereby grants and conveys to the Residential and Commercial Unit Owners the following easements and interests, which are non-exclusive (collectively, the "Project Easements"): (a) Access Easements. An easement for the benefit of the Residential Owners and Commercial Owners, their tenants and respective Permittees through, on or in those portions of the Common Elements, as may be reasonably necessary to gain pedestrian access between the Residential and Commercial Units and the public roads and sidewalks and rights -of -way adjoining the Project; and An easement for the benefit of the Residential Owner and Commercial Owners, and their respective tenants and Permittees as may be reasonably necessary for access to and from the Project through, on or in any common corridors, stairways, hallways and entrances, located within the Project; except any such corridors, stairways, hallways and entrances specifically designated for Commercial or Residential Units as depicted on the Map from time to time. Notwithstanding the foregoing, with respect to that certain area shown on the Condominium Map under the Main Level View Pan that is a Limited Common Element consisting of approximately 231 square feet of hallway space (the "Unit 202 LCE Hallway"), the Residential Owner hereby grants to the Commercial Owners a nonexclusive perpetual easement for emergency egress only (the "Emergency Egress Easement") over and across the Unit 202 LCE Hallway in the event of a life safety matter, such as a fire or other hazard or event that creates an emergency situation where the Commercial Owners need an alternative point of egress from the Building. The Commercial Owners agree that they have other points of egress from the Building that shall be used on a daily basis under normal conditions and said Unit 202 LCE Hallway shall only be used by the Commercial Owners for emergency egress as described above and for no other purpose. The Residential Owner agrees that the Emergency Egress Easement described above shall comply with any requirement of the City of Aspen building code that may apply to emergency egress.No (b) Utility a ent. An easement for the benefit of the Residential and Commercial Owners, their tenants and respective Permittees over and across any Common Elements as may A-1 3 COOPER STRICT DEVELOPMENT, LLC 601 E. HYMAN AVENUE ASPEN, COLORADO 81611 November 5, 2012 City of Aspen Community Development 130 S. Galena St. Aspen, CO 81611 Re: 508 E. Cooper Ave, Aspen, Colorado 81611 To Whom it May Concern: The undersigned hereby authorizes Don Carpenter of Project Resource Company LLC to submit a land use application for condominiumization of the building located at 508 E. Cooper Avenue. Sincerely, By_... -- Andrew V. Flecht Land Title Guarantee Company CUSTOMER DISTRIBUTION "OTale GUARANTEE COMPANY WWW.LYGC.COM Date: 11-05-2012 Our Order Number: Q62004917 Property Address: 508 E COOPER AVE ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: GARFIELD & HECHT *TMX* 127 VINE ST DENVER, CO 80206 Attn: NATASHA SAYPOL Phone: 720-273-4666 Fax: 303-248-3348 Copies: 1 EMail: nsaypol@gartieldhecht.com Linked Commitment Delivery DON CARPENTER EMail: don@projectresourceco.com, For Title Assistance: Aspen Title Dept. Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone:970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.com GARFIELD & HECHT *TMX* 601 E HYMAN AVENUE ASPEN, CO 81611 Attn: NATASHA SAYPOL EMail: nsaypol@garfieldhecht.com Sent Via EMail Land Title Guarantee Company Date: 11-05-2012 "d-ntle Our Order Number: Q62004917 GUARANTEE COMPANY WWW.Lrac.com Property Address: 508 E COOPER AVE ASPEN, CO 81611 Buyer/Borrower: TO BE DETERMINED Seller/Owner: COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY Need.a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to anv of our 54 omce Locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $0.00 Po— CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004917 Schedule A Cust. Ref.: Property Address: 508 E COOPER AVE ASPEN, CO 81611 1. Effective Date: October 24, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: Q62004917 LEGAL DESCRIPTION NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. PARCEL L THE EASTERLY 18 INCHES OF THE SOUTHERLY 68 FEET OF LOT L, THE SOUTHERLY 70 FEET OF LOT M, ALL OF LOT N, EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CITY AND TOWNSITE OF ASPEN. TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH IN DEED RECORDED AUGUST 22, 1969 IN BOOK 243 AT PAGE 279. COUNTY OF PITKIN, STATE OF COLORADO PARCEL 2: RAMP AND BASEMENT PARKING GARAGE AND SURFACE PARKING, AS SHOWN AND RESERVED ON THE MAP OF ASPENHOFF, RECORDED NOVEMBER 27, 1970 IN PLAT BOOK 4 AT PAGE 136 AND FIRST AMENDED CONDOMINIUM MAP OF ASPENHOF (A CONDOMINIUM), RECORDED JULY 29, 1977 IN PLAT BOOK 6 AT PAGE 10 AND AS RESERVED IN SECTION 5 OF THE CONDOMINIUM DECLARATION FOR ASPENHOF RECORDED NOVEMBER 27, 1970 IN BOOK 252 AT PAGE 49. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004917 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. RECORDATION OF THE CONDOMINIUM MAP FOR COOPER STREET CONDOMINIUMS. 3. RECORDATION OF THE CONDOMINIUM DECLARATION FOR COOPER STREET CONDOMINIUMS. NOTE: ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY UPON REVIEW OF THE RECORDED CONDOMINIUM MAP AND CONDOMINIUM DECLARATION. 4. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LLC, OR WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY RECORDED APRIL 27, 2011 UNDER RECEPTION NO. 579434 IS CURRENT. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004917 Continued: OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 6. RELEASE OF FINANCING STATEMENT WITH WELLS FARGO BANK, N.A., THE SECURED PARTY, RECORDED APRIL 25, 2011, UNDER RECEPTION NO. 579377. 7. RELEASE OF DEED OF TRUST DATED JULY 24, 2012 FROM COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $8,000,000.00 RECORDED JULY 24, 2012, UNDER RECEPTION NO. 590842. 8. WARRANTY DEED FROM COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS MAY BE DELETED UPON REVIEW OF THE FINAL PLAT AND CONDOMINIUM DECLARATION FOR THE DEVELOPMENT. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT AND UPON SATISFACTION OF THE REQUIREMENTS BELOW, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TO BE DETERMINED. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. 9. LAND TITLE GUARANTEE COMPANY REQUIRES A COPY OF THE CERTIFICATE OF ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004917 Continued: OCCUPANCY PRIOR TO CLOSING. NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004917 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. PARCELI: RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7, 1887 IN BOOK 59 AT PAGE 13 AND RECORDED JANUARY 10, 1888 IN BOOK 59 AT PAGE 256 AND RECORDED FEBRUARY 29, 1888 IN BOOK 59 AT PAGE 368, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 02, 1953 IN BOOK 180 AT PAGE 113. 10. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGEMENT RECORDED MAY 02, 1969 IN BOOK 240 AT PAGE 805. 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004917 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: JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13, 1979 IN BOOK 363 AT PAGE 374. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 17, SERIES OF 2006 RECORDED JULY 28, 2006 AT RECEPTION NO. 526958. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 6, SERIES OF 2007 RECORDED AUGUST 08, 2007 AT RECEPTION NO. 540763. 15. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 28, SERIES OF 2007 RECORDED DECEMBER 10, 2007 AT RECEPTION NO. 544754. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 24, SERIES OF 2008 RECORDED JANUARY 21, 2010 AT RECEPTION NO. 566377, 17. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED APRIL 20, 2011 AT RECEPTION NO. 579272, 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT, SUBSURFACE ENCROACHMENT EASEMENT AND RECIPROCAL ENCROACHMENT EASEMENT RECORDED MAY 27, 2011 AT RECEPTION NO. 580198. 19. TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AND EASEMENT AGREEMENT RECORDED JUNE 15, 2012 AT RECEPTION NO. 589841. 20. TERMS, CONDITIONS AND PROVISIONS OF SCRIVENER'S AFFIDAVIT RECORDED JULY 24, 2012 AT RECEPTION NO. 590843. 21. TERMS, CONDITIONS AND PROVISIONS OF FIREWALL EASEMENT RECORDED JULY 06, 2012 AT RECEPTION NO. 590418. 22. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS RECORDED ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004917 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: OCTOBER 30, 2012 AT RECEPTION NO. 593554. 23. EXISTING LEASES AND TENANCIES, IF ANY. PARCEL 2: 24. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7, 1887 IN BOOK 59 AT PAGE 13, RECORDED JANUARY 4, 1888 IN BOOK 59 AT PAGE 248 AND RECORDED JANUARY 18, 1888 IN BOOK 59 AT PAGE 301, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 25. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 26. CONDOMINIUM DECLARATION FOR ASPENHOF CONDOMINIUMS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 27, 1970, IN BOOK 252 AT PAGE 49 AND AS AMENDED IN INSTRUMENT RECORDED JULY 29, 1977, IN BOOK 332 AT PAGE 606 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 03, 1977, IN BOOK 332 AT PAGE 903, AND RECORDED JUNE 22, 1982 IN BOOK 428 AT PAGE 238. 27. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PLAT OF ASPENHOF CONDOMINIUMS RECORDED NOVEMBER 27, 1970 IN PLAT BOOK 4 AT PAGE 136 AND FIRST AMENDMENT RECORDED JULY 29, 1977 IN PLAT BOOK 6 AT PAGE 10. 28. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 23, 1965 IN BOOK 211 AT PAGE 551. 29. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGMENT RECORDED MAY 02, 1969 IN BOOK 240 AT PAGE 805. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004917 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: 30. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 20, 1970 IN BOOK 247 AT PAGE 480. 31. TERMS, CONDITIONS AND PROVISIONS OF STATEMENT OF EXEMPTION RECORDED JULY 26, 1977 IN BOOK 332 AT PAGE 397. 32. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13, 1979 IN BOOK 363 AT PAGE 374. 33. TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED JANUARY 22, 1982 IN BOOK 420 AT PAGE 172. 34. EXISTING LEASES AND TENANCIES, IF ANY. 35. TERMS, CONDITIONS, PROVISIONS, RESERVATIONS AND RESTRICTIONS CONTAINED IN DEEDS RECORDED OCTOBER 10, 1957 IN BOOK 182 AT PAGE 390, RECORDED MARCH 4, 1958 IN BOOK 183 AT PAGE 292, RECORDED JANUARY 16, 1959 IN BOOK 186 AT PAGE 382, RECORDED JANUARY 10, 1959 IN BOOK 186 AT PAGE 354, RECORDED JANUARY 10, 1959 IN BOOK 186 AT PAGE 355, RECORDED FEBRUARY 16, 1965 IN BOOK 211 AT PAGE 493, RECORDED FEBRUARY 16, 1965 IN BOOK 211 AT PAGE 495, RECORDED SEPTEMBER 16, 1969 IN BOOK 243 AT PAGE 279, RECORDED MARCH 20, 1970 IN BOOK 247 AT PAGE 480. PARCELS 1 AND 2 LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes ue listing each taxing jurisdiction -shall be obtained from the County Treasurer or the Count Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's otfice shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Eand Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typicall_y by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitmeni from the Owner s Pollicy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanics and material-men's liens. D The Company must receive payment of the appropriate premium. E3 If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor- payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, Qas, other minerals, or geothermal energ in the property; and B) That such mineral estate may inc ude the right to enter and use the proper y without t e surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrau knowingly or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant Tor the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to tl a Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to'us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Farm PRIV.POL.ORT Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable y consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or T referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements, all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of ti0e or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South� Minneapolis, Minnesota 55401 pC TITIF o- 0114 * e �4s', dark Bilt KhorizedSign (612) 371-1111 y GresidentAMI-RICAN Are ; m * m LAND TITLE 7 * n ASSOCIATION * O d* * dd�• Ronde Yeager Secretary CC.ORT.06 Jennifer Phelan From: Jennifer Phelan Sent: Thursday, November 01, 2012 8:55 AM To: 'don@projectresourceco.com' Subject: 508 E. Cooper Ave Condo application Hi Don: I reviewed your condo application and there are two items I need to deem it complete and one item that will make the review easier. 1) Authorized representative letter. I need a signed letter from the owner authorizing you to represent them with regard to this application. 2) Title/O&E report. I also need a title or ownership and encumbrance report that shows who owns the property. What was provided shows some preliminary legal description and does not show ownership. 3) Draft plat in PDF form. If you can have the surveyor send the plat in the form of a PDF, I can mark up the plat and send it to you if we recommend any changes. It is easier for tracking changes and for me to have Engineering review it. The sooner you can get me the PDF file, the sooner I can send it to engineering. I'll need the other two items prior to recording the plat. Let me know if you have any questions. Thanks, Jennifer Please note that my email has changed. It is now iennifer.phelan@citvofaspen.com Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com REC' VE OCT 2 9 2012 CITY OF ASPEN CITY Ulr- r,,.•r-=N PRE -APPLICATION CONFERENCE SUMMARY COMMUNITY DEVELOPMENT PLANNER: Amy Guthrie DATE: 10.23.12 PROJECT: 508 E. Cooper Avenue, Condominiumization REPRESENTATIVE: Don Carpenter, 948-9905 TYPE OF APPLICATION: Condominiumization DESCRIPTION: Development at508 E. Cooper is nearing completion, and the owner is interested in condominiumizingthe building. No condominium exists today. Condominiumization is an administrative approval requiring a land use application.lf 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: hUp://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: hftp://www.aspenpitkin.com/Departments/Community-DevelopmenUP]anning-and-ZoningfTitle-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and EngineeringStaff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $630 Deposit for 1 hour 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) 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 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Letter of consent from the HOA. •A-JL(A ATTACHMENT 2 -LAND USE APPLICATION PROJECT: RFCLr1qC1) Blame: CbW" Ave. 9 2012 Location: t' Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) Z *;7 116 2,2- Ob'I kPPLICANT• Name: CI7oprp* `r. T E\(O r1A& J'j J "-e. Address: GO F flYMAti AVF. A"-t'E+U i Phone #: 47 d, 4 'f 6. J q LK R T'.PR FCRNTATI VF. _ Name: I fLo 11Evr � L_ Cow PA �-( Address: 'kohl (a 7��� " I�FSW-42-Cf CO. CVM Phone #: CPO, q�_8- 11,105 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 E�7 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.) �C�II �l�Y'� �S� �.1Ih71Nt� 1K %Ir%trAlt17��C-�— �✓ITl~f 79'1� ���� ����� V �00-9 W-n i KAJ W 'ROPOSAL• (description of proposed buildings, uses, modifications, etc.) CXWnf) #A I nJ t %A Kl ifir'l 1%rJ - 2- 46Vkm ►Ts t- l P6-s 1 DFrj 71 GC Al 1T Have you attached the following? VEES VUE: 0 Pre -Application Conference Summary IT 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 All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. RECEIVED nrT a Agreement to Pay Application Fees An agreement between the City of Aspen ("Uity") ano Property Phone No.: q'� n- ti� � "Ios Owner (.,I,.). �V�P�2 5( bl(, Email: die ffo]lG ►'GSnCO,cip Address of Billing IOn l Property: �7d'b �' ���vE • Address: Yµ� (subject of (send bills here) +Z'-PG-ri Co 81Git application) 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. 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. $ V Q deposit for t hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 1b5 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: �r Name: �E`yl Ca�✓" d-o*� �' i I � �� Vw-cQ iiV City Use: i� • G/ November. 2011 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 Land Title Guarantee Company CUSTOMER DISTRIBUTION "Me GUARANTEE COMPANY A' M.II GC.0 0. Date: 09-07-2012 Our Order Number: Q62004800 Property Address: 508 E COOPER AVE ASPEN, CO 81611 ff you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Kate Staskauskas 533 E HOPKINS #102 ASPEN, CO 81611 Phone:970-925-1678 Fax: 800-318-8202 Entail: kstaskauskas@ltgc.com JOSHUA & CO. 300 S HUNTER ASPEN, CO 81611 Attn: JOSHUA SASLOVE Phone: 970-925-8810 Fax: 970-925-4349 Copies: 1 EMail: joshua@joshuaco.com Sent Via EMail COOPER STREET DEVELOPMENT LLC 601 E HYMAN AVE ASPEN CO 81611 Attn: ANDREW V. HECHT LAND TITLE. GUARANTEE COMPANY 533 E HOPKINS #102 ASPEN, CO 81611 Attn: Kate Staskauskas Phone: 970-925-1678 Fax: 800-318-8202 Entail: kstaskauskas@ltgc.com 10.17.12 For Title Assistance: Aspen Tide Dept. Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone:970-925-1678 Fax: 970-925-6243 Entail: kbeereboom@ltgc.com WHITMAN FINE PROPERTIES PO BOX 4290 ASPEN, CO 81612 Attn: WENDALIN WHITMAN Phone: 970-544-3771 Fax: 970-544-3772 Copies: 1 EMail: wendalin@whitmanfineproperties.com Sent Via Entail LAURIE TISCH 834 FIFTH AVENUE NEW YORK NY 10065 Sent Via EMail GARFIELD & HECHT *TMX* 601 E HYMAN AVENUE ASPEN, CO 81611 Attn: NATASHA SAYPOL Phone: 720-273-4666 Fax: 303-248-3348 Copies: 1 Entail: nsaypol@garfieldhecht.com Sent Via EMail Land Title Guarantee Company CUSTOMER DISTRIBUTION land Title GUARANTEE COMPANY R N M. L T G C. C OM Date: 09-07-2012 Property Address: 508 E COOPER AVE ASPEN, CO 81611 SHERMAN & HOWARD LLC *TMX* 201 N MILL #201 ASPEN, CO 81601 Attn: B JOSEPH KRABACHER Phone: 970-925-6300 Fax: 970-925-1181 Copies: 1 EMail: jkrabacher@sah.com Sent Via EMail JOSHUA & CO. 300 S HUNTER ASPEN, CO 81611 Attn: KRISTA KLEES Phone: 970-925-8810 Fax: 970-925-4349 Copies: I Entail: krista@joshuaco.com Linked Commitment Delivery 10.17.12 DZLIVMRX.o (8/2003) Our Order Number: Q62004800 SULLIVAN & CROMWELL LLP 123 BROAD STREET NEW YORK, NY 10004 Attn: ALISON R. HIRSCH Copies: 1 Sent Via EMail Our Order No: Q62004800 LEGAL DESCRIPTION NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. PARCEL L THE EASTERLY 18 INCHES OF THE SOUTHERLY 68 FEET OF LOT L, THE SOUTHERLY 70 FEET OF LOT M, ALL OF LOT N, EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CITY AND TOWNSITE OF ASPEN. TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH IN DEED RECORDED AUGUST 22, 1969 IN BOOK 243 AT PAGE 279. COUNTY OF PITKIN, STATE OF COLORADO PARCEL 2: RAMP AND BASEMENT PARKING GARAGE AND SURFACE PARKING, AS SHOWN AND RESERVED ON THE MAP OF ASPENHOFF, RECORDED NOVEMBER 27, 1970 IN PLAT BOOK 4 AT PAGE 136 AND FIRST AMENDED CONDOMINIUM MAP OF ASPENHOF (A CONDOMINIUM), RECORDED JULY 29, 1977 IN PLAT BOOK 6 AT PAGE 10 AND AS RESERVED IN SECTION 5 OF THE CONDOMINIUM DECLARATION FOR ASPENHOF RECORDED NOVEMBER 27, 1970 IN BOOK 252 AT PAGE 49. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004800 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. RECORDATION OF THE CONDOMINIUM MAP FOR COOPER STREET CONDOMINIUMS. 3. RECORDATION OF THE CONDOMINIUM DECLARATION FOR COOPER STREET CONDOMINIUMS. NOTE: ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY UPON REVIEW OF THE RECORDED CONDOMINIUM MAP AND CONDOMINIUM DECLARATION. 4. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LLC, OR WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY RECORDED APRIL 27, 2011 UNDER RECEPTION NO. 579434 IS CURRENT. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004800 Continued: 6. RELEASE OF DEED OF TRUST DATED APRIL 08, 2011 FROM COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PTTKIN COUNTY FOR THE USE OF WELLS FARGO BANK, N.A. TO SECURE THE SUM OF $6,000,000.00 RECORDED APRIL 25, 2011, UNDER RECEPTION NO. 579376. 7. RELEASE OF FINANCING STATEMENT WITH WELLS FARGO BANK, N.A., THE SECURED PARTY, RECORDED APRIL 25, 2011, UNDER RECEPTION NO. 579377. 8. RELEASE OF DEED OF TRUST DATED JULY 24, 2012 FROM COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PTTKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $8,000,000.00 RECORDED JULY 24, 2012, UNDER RECEPTION NO. 590842. 9. WARRANTY DEED FROM COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY TO LAURIE TISCH CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS MAY BE DELETED UPON REVIEW OF THE FINAL PLAT AND CONDOMINIUM DECLARATION FOR THE DEVELOPMENT. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT AND UPON SATISFACTION OF THE REQUIREMENTS BELOW, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LAURIE TISCH. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004800 Continued: 10. THE FOLLOWING DOCUMENTATION MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY: A. FINANCIAL STATEMENTS FOR THE SELLER AND ALL MEMBERS OF COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY. B. THE "AS PROPOSED" APPRAISAL. C. THE CONSTRUCTION BUDGET (COST BREAKDOWN). D. EXECUTION OF THIS COMPANY'S INDEMNITY AGREEMENT BY COOPER STREET DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY AND ALL MEMBERS. E. LIEN WAIVERS FROM GENERAL CONTRACTOR AND ALL SUBCONTRACTORS. NOTE: ADDITIONAL REQUIREMENTS MAY BE MADE AFTER RECEIPT AND REVIEW OF THE ABOVE INFORMATION. THE DELETION OF STANDARD EXCEPTION 4 IS SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF THE POLICY TO BE ISSUED. 11. LAND TITLE GUARANTEE COMPANY REQUIRES A COPY OF THE CERTIFICATE OF OCCUPANCY PRIOR TO CLOSING. NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004800 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: Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. PARCEL L 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7, 1887 IN BOOK 59 AT PAGE 13 AND RECORDED JANUARY 10, 1888 IN BOOK 59 AT PAGE 256 AND RECORDED FEBRUARY 29, 1888 IN BOOK 59 AT PAGE 368, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 02, 1953 IN BOOK 180 AT PAGE 113. 10. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGEMENT RECORDED MAY 02, 1969 IN BOOK 240 AT PAGE 805. 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004800 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: JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13, 1979 IN BOOK 363 AT PAGE 374. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 17, SERIES OF 2006 RECORDED JULY 28, 2006 AT RECEPTION NO. 526958. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 6, SERIES OF 2007 RECORDED AUGUST 08, 2007 AT RECEPTION NO. 540763. 15. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 28, SERIES OF 2007 RECORDED DECEMBER 10, 2007 AT RECEPTION NO. 544754. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 24, SERIES OF 2008 RECORDED JANUARY 21, 2010 AT RECEPTION NO. 566377. 17. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED APRIL 20, 2011 AT RECEPTION NO. 579272. 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT, SUBSURFACE ENCROACHMENT EASEMENT AND RECIPROCAL ENCROACHMENT EASEMENT RECORDED MAY 27, 2011 AT RECEPTION NO. 580198. 19. TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AND EASEMENT AGREEMENT RECORDED JUNE 15, 2012 AT RECEPTION NO. 589841. 20. TERMS, CONDITIONS AND PROVISIONS OF SCRIVENER'S AFFIDAVIT RECORDED JULY 24, 2012 AT RECEPTION NO. 590843. 21. TERMS, CONDITIONS AND PROVISIONS OF FIREWALL EASEMENT RECORDED JULY 06, 2012 AT RECEPTION NO. 590418. 22. EXISTING LEASES AND TENANCIES, IF ANY. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004800 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: PARCEL 2: 23. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7, 1887 IN BOOK 59 AT PAGE 13, RECORDED JANUARY 4, 1888 IN BOOK 59 AT PAGE 248 AND RECORDED JANUARY 18, 1888 IN BOOK 59 AT PAGE 301, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 24. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 25. CONDOMINIUM DECLARATION FOR ASPENHOF CONDOMINIUMS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 27, 1970, IN BOOK 252 AT PAGE 49 AND AS AMENDED IN INSTRUMENT RECORDED JULY 29, 1977, IN BOOK 332 AT PAGE 606 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 03, 1977, IN BOOK 332 AT PAGE 903, AND RECORDED JUNE 22, 1982 IN BOOK 428 AT PAGE 238. 26. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PLAT OF ASPENHOF CONDOMINIUMS RECORDED NOVEMBER 27, 1970 IN PLAT BOOK 4 AT PAGE 136 AND FIRST AMENDMENT RECORDED JULY 29, 1977 IN PLAT BOOK 6 AT PAGE 10. 27. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 23, 1965 IN BOOK 211 AT PAGE 551. 28. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGMENT RECORDED MAY 02, 1969 IN BOOK 240 AT PAGE 805. 29. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 20, 1970 IN BOOK 247 AT PAGE 480. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004800 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: 30. TERMS, CONDITIONS AND PROVISIONS OF STATEMENT OF EXEMPTION RECORDED JULY 26, 1977 IN BOOK 332 AT PAGE 397. 31. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13, 1979 IN BOOK 363 AT PAGE 374. 32. TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED JANUARY 22, 1982 IN BOOK 420 AT PAGE 172. 33. EXISTING LEASES AND TENANCIES, IF ANY. 34. TERMS, CONDITIONS, PROVISIONS, RESERVATIONS AND RESTRICTIONS CONTAINED IN DEEDS RECORDED OCTOBER 10, 1957 IN BOOK 182 AT PAGE 390, RECORDED MARCH 4, 1958 IN BOOK 183 AT PAGE 292, RECORDED JANUARY 16, 1959 IN BOOK 186 AT PAGE 382, RECORDED JANUARY 10, 1959 IN BOOK 186 AT PAGE 354, RECORDED JANUARY 10, 1959 IN BOOK 186 AT PAGE 355, RECORDED FEBRUARY 16, 1965 IN BOOK 211 AT PAGE 493, RECORDED FEBRUARY 16, 1965 IN BOOK 211 AT PAGE 495, RECORDED SEPTEMBER 16, 1969 IN BOOK 243 AT PAGE 279, RECORDED MARCH 20, 1970 IN BOOK 247 AT PAGE 480. PARCELS 1 AND 2 Z. File Edit Record Navigate Form Report Format Tab Help jU Mp 1 A IX 11 � 4� X1 A Fees Fee Summary I Main] Actions I Attachments I Routing History 1 Valuation I Arch/Eng ! Custom Fields 1 Sub Permits : Parcels Permit type aslu jAspen Land Use I Permit # 10076.2012.ASLU Address 508 E COOPER AVE Apt Isuite o City ASPEN State CO zip 81611Permit Information -Ell Master permit Routing queue aslu07 Applied Project status per iding Approved z Description APPLICATION FOR LAND USE FOR CONDOMINIUMIZING THE BUIDLING issued ClosedjFinalIl Submitted DON CARPENTER 948 9905 Clock Punning Days Expires Submitted via iE Owner ii Last name COOPER STREET DEVFirst name 601 -E HYMAN I ASPEN CO 81611 Phone 1(970) 925-7186—] Address Applicant Ili Owner is applic;ant? F1 Contractor is applicant? Last name ICOOPER STREET DEVELOP-"•• First name 601 E HYMAN ASPEN CO 81611 Phone 1(970) 925-7186 Cust # 29127 Address Lender Last name First name Phone Address Displays the permit lender's address AipenGolt(seiver) angelas