HomeMy WebLinkAboutcoa.lu.co.406 E Hopkins Ave 0064.20100064.2010.ASLU 406 E. HOPKINS AVE
2737-07 33 0006
AMENDMENT TO CONDO TEXT MAP
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0064.2010.ASLU
PARCEL ID NUMBERS 2737.0733.0006
PROJECTS ADDRESS 406 E HOPKINS AVE
PLANNER D.A.
CASE DESCRIPTION AMENDMENT TO CONOMINIUM
TEXT MAP
REPRESENTATIVE
DATE OF FINAL ACTION 8/26/2013
CLOSED BY ANGELA SCOREY ON: 12/04/13
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ASPEN CO 81611
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ASPEN CO 81611
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KLEIN, COTE & EDWARDS, LLC
HERBERT S. KLEIN
Ink@,kcelaw.net
LANCE R. COT$, PC*
Irc a;kcelaw.net
JOSEPH E. EDWARDS, III, PC
iee(aAcelaw.net
EBEN P. CLARK
eVC,@,kceIaw.net
COREY T. ZURBUCH
ctzRkcelaw.net
MADHU B. KRISHNAMURTI
mbk@,kcelaw.net
DAVID C. UHLIG
dcu, keelaw.net
• also admitted in California
ATTORNEYS AT LAW
October 19, 2010
City of Aspen Planning and Zoning Commission
c/o Jennifer Phelan, Deputy Director
130 S. Galena Street, 3rd Floor
Aspen, CO 81611
RE: Application for Amendment to Condominium
Isis Theater, 406 E. Hopkins Ave, Aspen ("the Project")
Dear Jennifer:
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
RECEIVED
OCT 21 2010
CITY OF ASPEN
COMMUNITY DEVELOPMENT
This letter is the application and written description for the administrative review
of the First Amendment to the Isis Theater Condominium Declaration and Map pursuant
to the City of Aspen Land Use Code.
I. Introduction:
The owner of the property in question is The City of Aspen Public Facilities
Authority, acting through the City of Aspen City Council ("City"). This Application is
submitted on behalf of the Isis Theater Condominium Association, Inc. Pursuant to the
terms of the Memorandum of Understanding between the City and the Isis Property
Group, LLC ("IPG") dated November 29, 2006 ("MOU") and the sublease entered into
between the City and Isis Retail Group, LLC ("IRG"), the latter entities are to act as
Applicant for the purposes of this application. (IPG and IRG may be referred to herein
collectively as "Applicant"). Our firm, Klein, Cote & Edwards, LLC, 201 N. Mill Street,
Suite 203, Aspen, Colorado 81611 is authorized to act on Applicants' behalf with regard
to the Project. Please address all correspondence regarding this application to our firm
and to my attention.
The subject property is commonly know as the Isis Theater and is located at 406
E. Hopkins Ave, Aspen. The parcel number for Unit A, the unit to be modified, is
273707330006 and the legal description is:
Commercial Unit A, Isis Theater Condominiums, as described in the
Condominium Declaration for Isis Theater Condominiums, recorded on
December 9, 1999 at Reception No. 438433 of the real property records of
Pitkin County, Colorado, together with the Condominium Map of the Isis
Theater Condominiums, Recorded December 9, 1999 in Plat Book 52 at
Page 1 of the Real Property Records of Pitkin County, Colorado
The Isis Theater Condominiums are also generally known as:
Lots L, M and N, Block 87, City and Townsite of Aspen, County of Pitkin, State of
Colorado ("Property").
A recent ALTA Commitment for Title Insurance issued by Fidelity National Title
Insurance Company is attached hereto as Exhibit C ("Commitment"). Schedule B-2 to
the Commitment lists the exceptions to title in the Property. A vicinity map is attached as
Exhibit D. A table of contents listing all of the exhibits hereto follows this letter.
11. PI-CSCnt kDDlication:
The present application is for administrative review of the First Amended
Condominium Map of the Isis Theater Condominiums ("Amended Map"). The Amended
Map divides Unit A into Units A, A-2 and A-3 as depicted thereon. The First
Amendment to the Condominium Declaration, executed by the owners of all of the units
including the City, authorizes this change and reallocates the common area assessments
accordingly. This division of Unit A and reallocation of the assessments is as it was
contemplated in the MOU and lease documents. The present review is simply to confirm
the technical requirements of the Amended Map.
Thank you for considering this application. If there is further information that
you require, please do not hesitate to contact me.
Sincerely,
KLEIN, COTE & EDWARDS, LLC
e_
v
By:
Eben P. Clark
CoA Admin App requirements 10-19-10.doc
Table of Contents:
Exhibit A - Completed Land Use Application
Exhibit B - Signed Fee Agreement
Exhibit C - Title Commitment and Schedule of Exceptions to Title
Exhibit D - Vicinity Map
Exhibit E - Draft First Amended Condominium Map of the Isis Theater Condominiums
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan— 970.429.2759 DATE: 10.14.10
PROJECT: 406 E. Hopkins (Isis), Condo Plat Amendment
APPLICANT: City of Aspen Public Facilities Authority
REPRESENTATIVE: Eben Clark
TYPE OF APPLICATION: Condominiumization.
DESCRIPTION: The Applicant would like to amend the condominium map for the property located at 406 E.
Hopkins. Currently, Unit A has been reconfigured and the applicant would like to update the condo plat to reflect
the new configuration. Consent from the HOA is required.
Below is a link to the Land Use application Form for your convenience:
http://www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/Ianduseappform.pdf
Below is a link the Land Use Code for your convenience:
http�//www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-
Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
Review by: - Planning and Engineering Staff for compliance
- Community Development Director for approval
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at
$245/hour
Referral Fees: None
Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified
and due just prior to filing of the plat.)
Total Number of Application Copies: Two (2)
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre -application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Proposed condominium plat.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
11. All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current
zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The
summary does not create a legal or vested right.
ATTACHMENT 2 —LAND USE APPLICATION
PROJECT:
Name:
Location: q06
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) C)O06-
A DDT T/' A ATT.
Name: ��L� oi� /�-5 ��c -�I�TYu �twl�-otit�y /�S�S �i�o�onnr C-1rt"024
Address: ��o `t" yc•� C (L, (ccW 6 Co{ eZ� l O • U Sfi , rtu.� l C d 9161(
Phone #: 2 S- S_+Do
REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑
GMQS Exemption
❑
Conceptual PUD
❑
Temporary Use
❑
GMQS Allotment
❑
Final PUD (& PUD Amendment)
`Q
Text/Map Amendment
❑
Special Review
❑
Subdivision
❑
Conceptual SPA
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Final SPA (& SPA
Margin, Hallam Lake Bluff,
condominiumization)
Amendment)
Mountain View Plane
❑
Commercial Design Review
❑
Lot Split
❑
Small Lodge Conversion/
Expansion
❑
Residential Design Variance
❑
Lot Line Adjustment
❑
Other:
❑
Conditional Use
EXISTING CONDITIONS: (description"f�1of existing buildings, uses, previous approvals, etc.)
l�Y$14�w`G.X 1 n , �DN4_q M I xc^ 1�� GOJ KONII��
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Invn vnn nttnnhnrl th" fnllnwvn"9 FFF.c niTF.• • SO
Pre -Application Conference Summary
O'Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-13 Model for large project
All plans that are larger than 8.5" X I I" 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.
t 21 10 09:05a
Courtney Lord Ass- ' - tes,
3053978564
p.1
D
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and --05 is �i,o ty,�y �{ cr o, �{ LLB..
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
_ G'SMtCp 4thY'? r'�►�GN�lLa�N'I—
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees lie
will be benefited by retaining greater casli liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commssion and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
S. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ �-1 5 o which is for_ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.OD
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid,
CITY OF ASPEN
By:
Chris Beudon
Community Development Director
APPLICANT
By:
Date:
Billing Address and Telephone Number:
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ALTA Commitment For Title Insurance
Fidelity National Title Insurance Company
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3RD FLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
Tom Twitchell (tomt@sopris.net) TJ Davis-(tjd@sopris.net)
Brandi Jepson- (brandi@sopris.net) Joy Higens-(joy@sopris.net)
(Closing & Title Assistance)
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Tille Insurance Company
17411 V� m Kjnn:m Al enue. Sure Ulf)
In i-. CA 9?n I 4-625I
Commitment for Title Insurance
Fidelity National Title Insurance Company
A Stock Company
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for
a valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations
hereof.
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 hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate within six (6) months after the effective date hereof 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. This Commitment shall not be valid or binding until
countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal
to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date
shown in Schedule A.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
inie
SEAL arr�5r �,Y�i�e„t
u�J
Secretary
Countersigned:
N� E., MOO- MEM �
Authorized Signature
FORM 27-083-66 (10/03) ALTA COMMITMENT - 1966
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 the 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 or 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 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. Any action or actions or rights of action that the Proposed Insured may have or may bring against the
Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: August 6, 2010 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06)
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy-(6/17/06)
Proposed Insured:
(c) ALTA Loan Policy-(6/17/06)
Proposed Insured:
Case No. PCT22913F
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
CITY OF ASPEN PUBLIC FACILITIES AUTHORITY, A COLORADO NON-PROFIT CORPORATION
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
COMMERCIAL UNIT A, AND RESIDENTIAL UNITS C AND D, ISIS THEATER CONDOMINIUMS,
according to the Map filed for record December 9, 1999, in Plat Book 52 at Page 1, and as defined and
described by the Condominium Declaration for Isis Theater Condominiums recorded December 9, 1999,
as Reception No. 438433.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are 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 that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records.
6. Taxes or assessments which are not now payable or which 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;
proceedings by a public agency which 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. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
8. 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.
SPECIAL EXCEPTIONS
9. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
144, 160 and 521 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held under existing laws".
10. Terms, conditions and provisions of Notice of Historic Designation recorded in Book 295 at Page 515 and
as set forth in Ordinance No. 58 (Series of 1995), recorded May 15, 1996 as Reception No. 392717.
11. Terms, conditions, provisions and obligations as set forth in Deed recorded in Book 347 at Page 988 and
Ratification and Extension of Encroachment Easement recorded May 7, 1998 as Reception No. 416608.
12. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded July
21, 1998 as Reception No. 419655. (Affects Residential Units C and D)
13. Terms, conditions, provisions and obligations as set forth in Shared Sewer Service Line Agreement
recorded December 1, 1999 as Reception No. 438114.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
14. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for ISIS THEATER CONDOMINIUMS recorded December 9, 1999 as Reception
No. 438433, deleting therefrom any restrictions indicating preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national origin.
15. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 9, 1999
in Plat Book 52 at Page 1.
16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded December 16, 1999 as Reception No. 438638 as Resolution No. 43,
Series of 1999.
17. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of ISIS
THEATER CONDOMINIUM ASSOCIATION recorded December 30, 1999 as Reception No. 439066.
18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen/Pitkin County
Growth Management Commission recorded October 31, 2001 as Reception No. 460250 as Resolution No. 2,
Series of 2001.
19. The following existing leases and tenancies:
1) Commercial Unit A --Lease dated May 28, 2002, originally between The Isis, LLC, a Colorado limited liability
company, as Landlord, and Rocky Mountain Resort Cinemas, Inc, a Wyoming corporation, as Tenant, as
affected by Consent to Assignment, Estoppel Certificate and Amendment to Lease dated September 25, 2003
among The Isis, LLC, Rocky Mountain Resort Cinemas, Inc., Metropolitan/Rocky Mountain Cinemas, L.L.C., a
Delaware limited liability company, as Assignee, Marshall C. Smith and Karen Smith, husband and wife, and
Metro -Northwest, LLC, and as further affected by Assignment and Assumption of Lease dated September 25,
2003 between Rocky Mountain Resort Cinemas, Inc., as Assignor, and Metropolitan/Rocky Mountain
Cinemas, LLC, as Assignee.
2) Unit C--Lease dated April 1, 2006 between CC Aspen, LLC, as landlord, and Heather Davis, Melanie Burrell
and Ilka Evans as tenant.
3) Unit D--Lease dated April 1, 2006 between CC Aspen, LLC, as landlord, and Judson Zevin, Garrett
Mandich and Sarah DeStefano, as tenant.
20. Terms, conditions, provisions, obligations and all matters as set forth in Bill of Sale, Assignment and
Assumption recorded February 16, 2007 as Reception No. 534578.
21. Terms, conditions, provisions, obligations and all matters as set forth in Occupancy and Use Deed Restriction,
Agreement and Covenant recorded February 16, 2007 as Reception No. 534579.
22. Terms, conditions, provisions, obligations and all matters as set forth in Assignment of Declarant Rights and
Irrevocable Proxy Coupled with and Interest in Voting Rights recorded February 16, 2007 as Reception No.
534580.
23. Terms, conditions, provisions, obligations and all matters as set forth in Assignment and Assumption
Agreement recorded February 16, 2007 as Reception No. 534581.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
24. Terms, conditions, provisions, obligations and all matters as set forth in Affidavit concerning Purchase Options
recorded February 16, 2007 as Reception No. 534582 and Corrected Purchase Option Agreements recorded
June 20, 2008 as Reception No. 550454 and Reception No. 550455.
25. Terms, conditions, provisions, obligations and all matters as set forth in Lease Purchase Agreements
recorded February 16, 2007 as Reception No. 534584 and recorded June 20, 2008 as Reception Nos.
550450, 550452 and 550453.
26. Terms, conditions, provisions, obligations and all matters as set forth in Memorandum of Subleases recorded
February 16, 2007 as Reception No. 534585.
27. Mortgage from : CITY OF ASPEN PUBLIC FACILITIES AUTHORITY
To the Mortgagee : AMERICAN NATIONAL BANK
To secure : $ 8,405,000.00
Dated : February 1, 2007
Recorded : February 16, 2007 in Book at Page
Reception No. : 534583
28. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by
Financing Statement from CITY OF ASPEN PUBLIC FACILITIES AUTHORITY, debtor to AMERICAN
NATIONAL BANK, secured party, Recorded June 20, 2008 as Reception No. 550451.
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) 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: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by
the Company and the costs thereof charged to the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of the Title Policy anticipated by this
Commitment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic
or materialmen's liens shall be deemed void and of no effect.
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
Effective Date: 5/1/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of
your non-public personal information ("Personal Information") and protecting your Personal
Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified
sources, and to whom it may be disclosed. FNF follows the privacy practices described in this
Privacy Statement and, depending on the business performed, FNF companies may share
information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social
security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email
address, Internet Protocol address, the website links you used to get to our websites, and your activity
while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as
information concerning your policy, premiums, payment history, information about your home or other real
property, information from lenders and other third parties involved in such transaction, account balances,
and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit
reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior
authorization. Such laws do not allow consumers to restrict these disclosures.
Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with
services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third -party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil
action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we
have joint marketing agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title
whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure
is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or
property and/or to comply with a judicial proceeding, court order or legal process.
Page 1 of 2
Effective Date: 5/1/2008
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and
facts about your transaction with other FNF companies, such as insurance companies, agents, and
other real estate service providers to provide you with services you have requested, for marketing
or product development research, or to market products or services to you. We do not, however,
disclose information we collect from consumer or credit reporting agencies with our affiliates or
others without your consent, in conformity with applicable law, unless such disclosure is otherwise
permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our
customers or former customers to nonaffiliated third parties, except as outlined herein or as
otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that
information to provide products or services to you. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information,
under certain circumstances to find out to whom your Personal Information has been disclosed,
and request correction or deletion of your Personal Information. However, FNF's current policy is to
maintain customers' Personal Information for no less than your state's required record retention
requirements for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your
notarized signature to establish your identity._ Where permitted by law, we may charge a
reasonable fee to cover the costs incurred in responding to such requests. Please send requests
to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy
Statement was revised or materially changed.
Page 2 of 2
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING -THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021009062
REFERENCE: PCT22913F/PROFORMA
lb
THE CITY OF ASPEN
Fee Waiver Request Form
City of Aspen
Community Development Department
This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been
made to waive or not to waive the fees regarded in this request form.
For what fees are you requesting waiver? LI BUILDING PLANNING
Applicant Name: C�> �� �` L�'=s^(� �� G���� Contact Ph.# `l2 S g,
Mailing address: �l� �'x., C[� L� I�(c��� CnL, -2--1 .M-ktl Sty
E-mail address: e <� I«< iP, kC
Project name & address:si� z ��
yo Alt,
A,� c $i6tl
Fee Breakdown:
Fee Description
BUILDING
Original Fee
Amount
& PLANNING
Requested
Waiver
FEES
Fee Description
Original Fee
Amount
Requested
Waiver
Energy Code Fee
REMP Fee
Excavation Foundation Fee
Zoning Review Fee
Inspection Fee
Planning Application Fee
Permit Fee
HPC Application Fee
Plan Check
Other:
TOTAL OF FEE WAIVER REQUEST $
Reason for Waiver:
❑ General Fund Department
1 1. Waived or decreased by City Council (specify ordinance or other decision document)
❑ Other —Please explain:
Applicant Signature
For office use only:
Type of fees waived:
❑ APPROVED ❑ DISAPPROVED
Community Development Director
Date
Total fees waived: $
Date
Page 1 of 2
Eben Clark
From: CourtneyLord Yahoo Account[clord@courtneylordassociates.coml
Sent: Friday, October 01, 2010 3:21 PM
To: Steve Barwick
Cc: Herb Klein; Eben Clark
Subject: Re: ISIS
Thanks.
Courtney
On Oct 1, 2010, at 2:39 PM, "Steve Barwick" <Steve.Barwickgci.aspen.co.us> wrote:
Courtney,
The base fee is $735. Even though the City isn't responsible for the costs of this
action, I'll reduce the fees by half.
Thanks,
Steve
From: Jennifer Phelan
Sent: Thursday, September 30, 2010 1:27 PM
To: Jim True
Subject: RE:
Condo plats are reviewed administratively and a base fee of 735.00 is required.
Jennifer Phelan, AICP
Deputy Director
Community Development Department
City of Aspen
10/19/2010 ___
Page 2 of 2
130 S. Galena Street
Aspen, CO 81611
PH: 970.429,2759
FAX: 970.920.5439
www.aspenpitkin.com
From: Jim True
Sent: Thursday, September 30, 2010 11:47 AM
To: Jennifer Phelan
Subject:
Jell,
I have a question.
If ISIS processes an amendment to their condo map, what is the fee for the application?
Thanks.
JRT
10/19/2010
v
LEGEND
G.C.E. = GENERAL COMMON ELEMENT
L.C.E. = LIMITED COMMON ELEMENT
• = PROPERTY CORNERS
PROPERTY LINE
EXTERIOR WALL G.C.E. WINDOW OR DOOR
FACE OF DRYWALL `INDIVIDUAL OWNERSHIP
NOTE:
INTERIOR DIMENSIONS ARE FROM FACE OF DRYWALL TO FACE OF
DRYWALL. OWNERSHIP AT EXTERIOR WINDOWS AND DOORS IS AS
SHOWN ON THIS DIAGRAM. WINDOW AND DOOR FRAMES ARE
GENERAL COMMON ELEMENT.
TYPICAL EXTERIOR WINDOW AND DOOR DETAIL
NOTES:
1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESRICTIONS, COVENANTS AND
EASEMENTS OF RECORD OR IN PLACE.
2) THIS MAP IS BASED ON THE OFFICIAL MAP CITY OF ASPEN, A MAP PREPARED
BY ASPEN SURVEY ENGINEERS INC. DATED APRIL 15, 1998, AND CORNERS FOUND
IN PLACE.
3) ALL DIMENSIONS WITHIN 0.1' TOLERANCE PLUS OR MINUS.
4) THE BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 75'09'11" E
BETWEEN A FOUND ALUMINUM DISK AT THE SOUTHEAST CORNER OF LOT N AND A
FOUND REBAR AND CAP LS #20151 AT THE SOUTHEAST CORNER OF BLOCK 87,
5) THE DATE OF SURVEY WAS OCTOBER 26, 1999 AND UPDATED JULY 13, 2006,
AND INTERIOR UNITS UPDATED ON DECEMBER 3, 2007. BOUNDARY MONUMENTATION
WAS UPDATED ON AUGUST 19, 2010.
6) THE ISIS THEATER CONDOMINIUMS ARE SUBJECT TO THAT CERTAIN CONDOMINIUM
DECLARATION FOR THE ISIS THEATER CONDOMINIUMS RECORDED ON DECEMBER 9,
1999 UNDER RECEPTION NUMBER 438433 IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO.
7) PERPETUAL NON-EXCLUSIVE EASEMENTS ARE HEREBY DEDICATED TO THE
APPROPRIATE UTILITY COMPANIES IN THE AS -BUILT LOCATIONS OF ANY UTILITY
FACILITIES SHOWN HEREON, FOR PURPOSES OF OPERATING, REPAIRING, MAINTAINING,
REPLACING, AND REMOVING SUCH FACILITIES AS NECESSARY.
8) ALL STRUCTURAL WALLS ARE DESIGNATED AS G.C.E. AND HAVE BEEN SHADED
FOR CLARITY.
9) THIS PROPERTY IS IN THE COMMERICAL CORE (CC) ZONE DISTRICT.
10) THE PURPOSE OF THIS PLAT IS TO DIVIDE COMMERCIAL UNIT A INTO UNIT A,
UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5.
11) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND
EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOW IN THE TITLE
COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC. DATED AUGUST 6, 2010
(CASE NO. PCT 22912F & 22913F).
SHEET INDEX
SHEET
1
COVER
SHEET
2
PLAN
SHEET
3
PLAN
SHEET
4
PLAN and ELEVATION
SHEET
5
ELEVATION
APPROVAL BY CITY ATTORNEY
BY SIGNING THIS MAP OR PLAT, THE CITY ATTORNEY SIGNS ONLY AS TO
FORM AS REQUIRED BY THE CITY OF ASPEN LAND USE CODE, THE CITY
ATTORNEY DOES NOT REPRESENT OR WARRANT THAT THIS (COMMON INTEREST
COMMUNITY) HAS BEEN CREATED IN CONFORMANCE WITH STATE LAW.
THIS ____ DAY OF -------------------- 2010
BY-----------
CITY ATTORNEY
5
1, FRANK W. HARRINGTON, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO
HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM PLAT FOR THE ISIS CONDOMINIUMS,
A CONDOMINIUM, THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING
STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN
HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION;
THAT THIS CONDOMINIUM PLAT FOR THE ISIS CONDOMINIUM, A CONDOMINIUM, MEETS THE
REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN COLORADO REVISED STATUTES 1973,
TITLE 38, ARTICLE 53, AS AMENDED FROM TIME -TO -TIME AND THIS CONDOMINIUM PLAT
CONTAINS ALL THE INFORMATION REQUIRED BY C.R.S. 38-33.3-209 OF THE COLORADO COMMON
INTEREST OWNERSHIP ACT.
DATED: ---------------------, 2010
BY: ----------------- — ---------
FRANK W. HARRINGTON, L.S. NO. 19598
HIGH COUNTRY ENGINEERING, INC.
NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
FIRST AMENDED CONDOMINIUM MAP OF THE
LOTS L, W AND N,
CITY AND TOWNSITE OF ASPEN, COUNTY OF
SHEET 1 OF 5
LOT K
ADJACENT BUILDI
ENCROACHMENT EASE
BK347/PG988
RATIFICATION AND EX
REC. #416608
BRASS PLUG L.'
#19598 END.
BEARS S34'44'4
1.12'
ISIS THEATER CONDOIviINIUMS
BLOCK 87
PITKIN, STATE OF COLORADO
�v���ns� �vc✓�trJ`'LFNT
PK &SHINNER
LS #19598 SET
IN ASPHALT FOR
1 on' WITt,IFCC UTILITY PEDESTAL ....,..
WATER VALVE
(TYP.)
wv
� bq
TITLE COMPANY CERTIFICATE
PITKIN COUNTY TITLE, INC. HEREBY CERTIFIES THAT CITY OF ASPEN PUBLIC FACILITIES
AUTHORITY, A COLORADO NON-PROFIT CORPORATION, IS THE RECORD OWNER OF THE
HEREIN DESCRIBED PROPERTY, IN FEE SIMPLE, FREE AND CLEAR OF ALL LIENS AND
ENCUMBRANCES EXCEPT THE LIEN OF A DEED OF TRUST FOR THE BENEFIT OF AMERICAN
NATIONAL BANK RECORDED AT RECEPTION NO.
PITKIN COUNTY TITLE, INC.
BY:
DATE:
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS WAS
APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT
DIRECTOR THIS ------ DAY OF ------------- 2010.
BY: ------------------------------------
CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR
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MORTGAGEE CONSENT
THE UNDERSIGNED AMERICAN NATIONAL BANK HEREBY CONSENTS TO
THIS CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS THIS
DAY OF 2010,
AMERICAN NATIONAL BANK
BY:
TITLE:
STATE OF )
)SS.
COUNTY OF )
THE FOREGOING MORTGAGEE CONSENT WAS ACKNOWLEDGED BEFORE
ME THIS DAY OF 2010 BY
AS OF AMERICAN NATIONAL BANK.
WITNESS MY HAND AND OFFICIAL SEAL,
MY COMMISSION EXPIRES:
NOTARY U LI
BOLLARDS
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CERTIFICATE OF ASSOCAITION:
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KNOW ALL MEN BY THESE PRESENTS, THE UNDERSIGNED ISIS THEATER CONDOMINIUM
00.
ASSOCIATION, INC„ A COLORADO NON-PROFIT CORPORATION, BEING THE OWNERS
ASSOCIATION CREATED UNDER THE CONDOMINIUM DECLARATION FOR THE ISIS
THEATER CONDOMINIUMS RECORDED ON DECEMBER 9, 1999 UNDER RECEPTION
NUMBER 438433 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO AND THE CONDOMINIUM MAP DF ISIS THEATER CONDOMINIUMS RECORDED
ON DECEMBER 9, 1999 IN BOOK 52 AT PAGE 1 IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN, COLORADO STATES THAT THE PURPOSE OF THIS MAP
AMENDMENT IS TO IMPLEMENT THE FIRST AMENDMENT TO THE DECLARATION AS
UNANIMOUSLY APPORVED BY THE UNIT OWNERS AND RECORDED ON
________________, 2010 UNDER RECEPTION NO. --------------------
IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO TO
CREATE UNITS A-2 AND A-3 FROM A PORTION OF EXISTING UNIT A AS SHOWN ON
THIS FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS. THE
ORIGINAL WRITTEN CONSENTS OF THE OWNERS ARE ON FILE IN THE RECORDS OF
THE ASSOCIATION,
EXECUTED THIS ----------- DAY OF --------------, 200__.
ASSOCIATION ISIS THEATER CONDOAINIUM ASSOCIATION, INC.
A COLORADO NON-PROFIT CORPORATION
BY:
NAME:
TITLE: ---------------------------
STATE OF COLORADO )
)SS.
COUNTY OF PITKIN )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS -------- DAY
/
OF __ _________ 200_-,BY______________ AS --------- OF ISIS
THEATER CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL.
/
MY COMMISSION EXPIRES: ---------_-_------
/
---------------------------
NOTARY PUBLIC
DISK L
6129 0?' 0
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CONDOMINIUMS - CHANGES TO UNITS
/
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR
CONVEYANCE OF ANY CONDOMINIUM UNIT WITH UNCONSTRUCTED,
—�--
RELOCATED OR MODIFIED WALLS, CEILINGS, FLOORS OR SPECIFICALLY
IDENTIFIED FEATURES WHICH DEFINE THE DIMENSIONS OF ANY UNIT,
COMMON ELEMENT, OR LIMITED COMMON ELEMENT, ETC., A REVISED
Q
CONDOMINIUM MAP SHALL BE FILED WITH THE ASPEN CITY ENGINEER
AND RECORDED WITH THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER.
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NON-COMFORMING CONDITIONS - CONDOMINIUMS
CITY APPROVAL OF THIS CONDOMINIUM MAP DOES NOT GRANT ANY
RIGHT TO CONTINUE ANY NON -CONFORMING INSTALLATION OF
FEATURES OR IMPROVEMENTS NOR APPROVE ANY EXISTING OF FUTURE
ENCROACHMENT.
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET )
1 inch = 10 ft.
CITY ENGINEER'S APPROVAL
THIS CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS WAS
APPROVED BY THE CITY ENGINEER OF THE CITY F ASPEN C 0THIS
DAY ----OF -----------------, 2010.
BY: -- E-------I T --------------------
TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO, AT ----------- O'CLOCK
____.M., ON THE --------- DAY OF ---------------- 2010, AND IS
DULY RECORDED IN BOOK ___________,PAGE ------------ AS
RECEPTION N0. -------------------
CLERK AND RECORDER
BY: ------------
DEPUTY
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2061721.00
0927
1 OF 5
LEGEND
G.C.E. = GENERAL COMMON ELEMENT
L.C.E. = LIMITED COMMON ELEMENT
• = PROPERTY CORNERS
= PROPERTY LINE
EXTERIOR WALL G.C.E. WINDOW OR DOOR
f___,�
FACE OF DRYWALL INDIVIDUAL OWNERSHIP
NOTE:
INTERIOR DIMENSIONS ARE FROM FACE OF DRYWALL TO FACE OF
DRYWALL. OWNERSHIP AT EXTERIOR WINDOWS AND DOORS IS AS
SHOWN ON THIS DIAGRAM. WINDOW AND DOOR FRAMES ARE
GENERAL COMMON ELEMENT,
TYPICAL EXTERIOR WINDOW AND DOOR DETAIL
NOTES:
1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND
EASEMENTS OF RECORD OR IN PLACE.
2) THIS MAP IS BASED ON THE OFFICIAL MAP CITY OF ASPEN, A MAP PREPARED
BY ASPEN SURVEY ENGINEERS INC. DATED APRIL 15, 1998, AND CORNERS FOUND
IN PLACE.
3) ALL DIMENSIONS WITHIN 0.1' TOLERANCE PLUS OR MINUS.
4) THE BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 75'09'11" E
BETWEEN A FOUND ALUMINUM DISK AT THE SOUTHEAST CORNER OF LOT N AND A
FOUND REBAR AND CAP LS #20151 AT THE SOUTHEAST CORNER OF BLOCK 87,
5) THE DATE OF SURVEY WAS OCTOBER 26, 1999 AND UPDATED JULY 13, 2006,
AND INTERIOR UNITS UPDATED ON DECEMBER 3, 2007. BOUNDARY MONUMENTATION
WAS UPDATED ON AUGUST 19, 2010.
6) THE ISIS THEATER CONDOMINIUMS ARE SUBJECT TO THAT CERTAIN CONDOMINIUM
DECLARATION FOR THE ISIS THEATER CONDOMINIUMS RECORDED ON DECEMBER 9,
1999 UNDER RECEPTION NUMBER 438433 IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO.
7) PERPETUAL NON-EXCLUSIVE EASEMENTS ARE HEREBY DEDICATED TO THE
APPROPRIATE UTILITY COMPANIES IN THE AS -BUILT LOCATIONS OF ANY UTILITY
FACILITIES SHOWN HEREON, FOR PURPOSES OF OPERATING, REPAIRING, MAINTAINING,
REPLACING, AND REMOVING SUCH FACILITIES AS NECESSARY.
8) ALL STRUCTURAL WALLS ARE DESIGNATED AS G.C.E. AND HAVE BEEN SHADED
FOR CLARITY.
9) THIS PROPERTY IS IN THE COMMERICAL CORE (CC) ZONE DISTRICT.
10) THE PURPOSE OF THIS PLAT IS TO DIVIDE COMMERCIAL UNIT A INTO UNIT A,
UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5.
11) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND
EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOW IN THE TITLE
COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC. DATED AUGUST 6, 2010
(CASE NO. PCT 22912F & 22913F).
SHEET INDEX
SHEET
1
COVER
SHEET
2
PLAN
SHEET
3
PLAN
SHEET
4
PLAN and ELEVATION
SHEET
5
ELEVATION
APPROVAL BY CITY ATTORNEY
BY SIGNING THIS MAP OR PLAT, THE CITY ATTORNEY SIGNS ONLY AS TO
FORM AS REQUIRED BY THE CITY OF ASPEN LAND USE CODE. THE CITY
ATTORNEY DOES NOT REPRESENT OR WARRANT THAT THIS (COMMON INTEREST
COMMUNITY) HAS BEEN CREATED IN CONFORMANCE WITH STATE LAW.
THIS --__ DAY OF ___________________, 2010
BY -----------
CITY ATTORNEY
F
I, FRANK W. HARRINGTON, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO
HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM PLAT FOR THE ISIS CONDOMINIUMS,
A CONDOMINIUM, THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING G
STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN
HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION;
THAT THIS CONDOMINIUM PLAT FOR THE ISIS CONDOMINIUM, A CONDOMINIUM, MEETS THE
REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN COLORADO REVISED STATUTES 1973,
TITLE 38, ARTICLE 53, AS AMENDED FROM TIME -TO -TIME AND THIS CONDOMINIUM PLAT
CONTAINS ALL THE INFORMATION REQUIRED BY C.R.S. 38-33.3-209 OF THE COLORADO COMMON
INTEREST OWNERSHIP ACT.
DATED: --------------------, 2010.
BY-----------------------------
FRANK W. HARRINGTON, L.S. NO. 19598
HIGH COUNTRY ENGINEERING, INC.
NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON,
FIRST AMENDED CONDOMINIUM MAP OF THE
LOTS L, M, AND N,
CITY AND TOWNSITE OF ASPEN, COUNTY OF
SHEET 1 OF 5
PK & SHINNER
LS #19598 SET
IN ASPHALT FOR
1,00' WITNESS UTILITY PEDESTAL SEWER MANHOLE
CORNER � TELE. AND TV
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TITLE COMPANY CERTIFICAT
PITKIN COUNTY TITLE, INC. HEREBY CERTIFIES THAT CITY OF ASPEN PUBLIC FACILITIES
AUTHORITY, A COLORADO NON-PROFIT CORPORATION, IS THE RECORD OWNER OF THE
HEREIN DESCRIBED PROPERTY, IN FEE SIMPLE, FREE AND CLEAR OF ALL LIENS AND
ENCUMBRANCES EXCEPT THE LIEN OF A DEED OF TRUST FOR THE BENEFIT OF AMERICAN
NATIONAL BANK RECORDED AT RECEPTION NO.
PITKIN COUNTY TITLE, INC.
BY:
DATE:
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS WAS
APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT
DIRECTOR THIS______ DAY OF ------------- 2010.
BY-------------------------------------
CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR
ISIS THEATER
BLOCK 8'7
PITKIN, STATE
RopK�No
5.NUS
LANDSCAPE J
AREA 4' x 4'
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MORTGAGEE CONSENT
THE UNDERSIGNED AMERICAN NATIONAL BANK HEREBY CONSENTS TO
THIS CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS THIS
DAY OF . 2010,
AMERICAN NATIONAL BANK
BY:
TITLE:
STATE OF )
)SS.
COUNTY OF )
THE FOREGOING MORTGAGEE CONSENT WAS ACKNOWLEDGED BEFORE
ME THIS _ DAY OF 2010 BY
AS OF AMERICAN NATIONAL BANK.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
CONDOMINIUMS
OF COLORADO
BOLLARDS
'K & SHINNER
S #19598 SET
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CENT BUILDING CERTIFICATE OF ASSOCAITION:
KNOW ALL MEN BY THESE PRESENTS, THE UNDERSIGNED ISIS THEATER CONDOMINIUM
ASSOCIATION, INC., A COLORADO NCN-PROFIT CORPORATION, BEING THE OWNERS
ASSOCIATION CREATED UNDER THE CONDOMINIUM DECLARATION FOR THE ISIS
THEATER CONDOMINIUMS RECORDED ON DECEMBER 9, 1999 UNDER RECEPTION
NUMBER 438433 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO AND THE CONDOMINIUM MAP OF ISIS THEATER CONDOMINIUMS RECORDED
ON DECEMBER 9, 1999 IN BOOK 52 AT PAGE 1 IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN, COLORADO STATES THAT THE PURPOSE OF THIS MAP
AMENDMENT IS TO IMPLEMENT THE FIRST AMENDMENT TO THE DECLARATION AS
UNANIMOUSLY APPORVED BY THE UNIT OWNERS AND RECORDED ON
____________, 2010 UNDER RECEPTION N0. --------------------
IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO TO
CREATE UNITS A-2 AND A-3 FROM A PORTION OF EXISTING UNIT A AS SHOWN ON
THIS FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS. THE
ORIGINAL WRITTEN CONSENTS OF THE OWNERS ARE ON FILE IN THE RECORDS OF
THE ASSOCIATION.
EXECUTED THIS ----------- DAY OF --------------- 200__.
ASSOCIATION ISIS THEATER CONDOMINIUM ASSOCIATION, INC.
A COLORADO NON-PROFIT CORPORATION
BY: ----------------------- ----
NAME: ------- --------------------
TITLE:--------------------------
STATE OF COLORADO )
)SS.
COUNTY OF PITKIN )
/ THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ________ DAY
OF ------------- 200__, BY _______ ______ AS --------- OF ISIS
THEATER CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL.
/ MY COMMISSION EXPIRES: _______--_________
---------------------------
NOTARY PUBLIC
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET )
1 inch = 10 ft.
CONDOMINIUMS - CHANGES TO UNITS
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR
CONVEYANCE OF ANY CONDOMINIUM UNIT WITH UNCONSTRUCTED,
RELOCATED OR MODIFIED WALLS, CEILINGS, FLOORS OR SPECIFICALLY
IDENTIFIED FEATURES WHICH DEFINE THE DIMENSIONS OF ANY UNIT,
COMMON ELEMENT, OR LIMITED COMAON ELEMENT, ETC., A REVISED
CONDOMINIUM MAP SHALL BE FILED WITH THE ASPEN CITY ENGINEER
AND RECORDED WITH THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER.
NON-COMFORMING CONDITIONS - CONDOMINIUMS
CITY APPROVAL OF THIS CONDOMINIUM MAP DOES NOT GRANT ANY
RIGHT TO CONTINUE ANY NON -CONFORMING INSTALLATION OF
FEATURES OR IMPROVEMENTS NOR APPROVE ANY EXISTING OF FUTURE
ENCROACHMENT.
CITY ENGINEER'S APPROVAL
THIS CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS WAS
F ASPEN
APPROVED BY THE CITY ENGINEER 0F THE CITY 0 S EN THIS
DAY ____OF ------------------ 2010.
BY: ----A---------ARAGON,P.E. ------CITY-----OF-------ASPENENGINEER-----
TRICI
RK AND RECORDER'S CERTIFICAT
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO, AT ----------- O'CLOCK
____.M., ON THE _________ DAY OF ---------------- 2010, AND IS
DULY RECORDED IN BOOK ------------ PAGE ___________, AS
RECEPTION NO. __—______________.
CLERK AND RECORDER
BY: ------------
DEPUTY
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FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS
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CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 5
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NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
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BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS
LOTS L, Ni, AND N, BLOCK 87
CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 3 OF 5
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LOTS L9 M9 AND N9 BLOCK 87
CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 4 OF 5
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UPPER LEVEL PLAN
SCALE: 1 /8" = 1.0'
F.F. = 74'-5"
SECTION B—B
SCALE: 1 /8" = 1.0'
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
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