HomeMy WebLinkAboutcoa.lu.ex.501 Park Circle 0052.2013 F4W
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0052.2013.ASLU
PARCEL ID NUMBERS 273707401003
PROJECTS ADDRESS 501 PARK CIR
PLANNER SARA NADOLNY
CASE DESCRIPTION Condom iniumization
REPRESENTATIVE AMOS UNDERWOOD 274 0481
DATE OF FINAL ACTION 10.21.13
CLOSED BY DJAMA MARTIN ON: 03/11/2014
0057'2 1 ZO 13 - A "- L4 RECEiv,:7,
ATTACHMENT 2-LAND USE APPLICATION JUL 2 4 201,3
PROJECT: n CITY C1 p rig`,
Name: Sunny Park North VE�L® ' t
Location: 501 Park Circle Aspen Colorado 81611 subdivision: Sunny Park North LotA
(Indicate street address, lot& block number, legal description where appropriate)
Parcel ID# REQUIRED 273707401003
APPLICANT:
Name: GSS Park LLC
Address: PO Box 3377 Basalt Colorado 81621
Phone#: 970-963-3517
REPRESENTATIVE:
Name: Amos Underwood @ the PBRworkshop
Address: PO Box 512 Snowmass Colorado 81654
Phone#: 970-274-0481
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ® Subdivision Exemption(includes ❑ Final SPA(& SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
New Duplex Construction
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
Condominimization of the parcel
Have you attached the following? FEES DUE: $ 915.00
❑ Pre-Application Conference Summary
❑ Attachment#1, Signed Fee Agreement
❑ Response to Attachment 43, 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.
ATTACHMENT 3 R 99!
DIMENSIONAL REQUIREMENTS FORM
JUL 2 4 20n
Project: Sunny Park North CITY
Applicant: Amos Underwood @ the PBRworkshop aommu'N, �
Location: 501 Park Circle Aspen Colorado 81611 subdivision: Sunny Park North Lot:4
Zone District: R-15
Lot Size: 15,187 Sq.Ft. or 0.35 acres
Lot Area: UNIT A- 7,802.8 SgFt(.18 acres) UNIT B-7,384.2 SgFt(17 acres)
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: 3 Proposed: 2
Number of bedrooms: Existing: Proposed: 8
Proposed% of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed: 4,594.75
Principal bldg. height: Existing: Allowable: 25'-0" Proposed: 25'-0"
Access. bldg. height: Existing: Allowable: NSA Proposed:
On-Site parking: Existing: Required.. 2 Proposed.. 4
% Site coverage: Existing: Required: NSA Proposed:
% Open Space: Existing: Required: NSA Proposed:
Front Setback: Existing: Required: 25'-0" Proposed: 25'-8"
Rear Setback: Existing: Required: 10'-0" proposed: 30'-0"
Combined F/R: Existing: Required: 35'-0" proposed.• 55'-8"
Side Setback: Existing: Required: 10'-0" Proposed: 13'-0"
Side Setback: Existing: Required: 10'-0" Proposed: 13'-3"
Combined Sides: Existing: Required: 20'-0" Proposed.• 23'-3"
Distance Between Existing Required: NSA Proposed:
Buildings
Existing non-conformities or encroachments: South Neighbor's Fence encroaches onto the parcel
Variations requested: None
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams 970-429-2778 DATE: 7/10/13
PROJECT: 501 Park Circle, Condominiumization
APPLICANT: GSS Park LLC
REPRESENTATIVE: Amos Underwood, 274-0481
TYPE OF APPLICATION: Condominiumization
DESCRIPTION: The Applicant proposes to condominiumize the duplex located at 501 Park Circle.
Condominiumization is a form of subdivision and requires an administrative approval pursuant to the
requirements of Aspen Land Use Code Section 26.480.090 (B), Condominiumization.
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/2011%201and%20use
%20app%20form.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
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/
Review by: - Planning and Engineering Staff for compliance
- Community Development Director for approval
Public Hearing: No hearing required
Planning Fees: $650 Deposit for 2 hours of staff time. Additional staff time required is billed at
$325/hour
Referral Fees: $265/hour for Engineering Review
Total Deposit: $915.00 (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, as applicable.
5. Signed fee agreement.
6. Pre-application Conference Summary.
7. Proposed condominium plat. Provide paper copies for staff review (and a digital PDF if
available). Once staff has reviewed the proposal and made any necessary corrections, then
mylars can be created for recordation.
10.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, Condominiumization.
Engineering requirements are available online at:
http://www.aspenpitkin.com/Portals/0/docs/City/engineering/survey%20checkiists/Condominiu
mPlatSurveyChecklist.pdf
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses
that arise by reason of
1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land;or
(iv) environmental protection:
or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power.This Exclusion I(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a) created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that the transaction vesting the Title as shown in
Schedule A,is
(a) a fraudulent conveyance or fraudulent transfer;or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
I. DEFINITION OF TERMS instrument established by the Insured named in purchase, lease, or lend if there is a contractual
The following terms when used in this policy Schedule A for estate planning purposes. condition requiring the delivery of marketable title.
mean: (it) With regard to(A),(B),(C),and(D) 2. CONTINUATION OF INSURANCE
(a) "Amount of Insurance": The amount reserving,however,all rights and defenses as to any The coverage of this policy shall continue in
stated in Schedule A, as may be increased or successor that the Company would have had against force as of Date of Policy in favor of an Insured,but
decreased by endorsement to this policy,increased by any predecessor Insured. only so long as the Insured retains an estate or
Section 8(b), or decreased by Sections 10 and 11 of (e) "Insured Claimant": An Insured claiming interest in the Land,or holds an obligation secured by
these Conditions. loss or damage. a purchase money Mortgage given by a purchaser
(b) "Date of Policy': The date designated as (f) "Knowledge' or "Known": Actual from the Insured,or only so long as the Insured shall
'Date of Policy"in Schedule A. knowledge,not constructive knowledge or notice that have liability by reason of warranties in any transfer
(c) "Entity":A corporation,partnership,trust, may be imputed to an Insured by reason of the Public or conveyance of the Title. This policy shall not
limited liability company, or other similar legal Records or any other records that impart constructive continue in force in favor of any purchaser from the
entity. notice of matters affecting the Title. Insured of either(i)an estate or interest in the Land,
(d) "Insured": The Insured named in (g) 'Land": The land described in Schedule or (ii) an obligation secured by a purchase money
Schedule A. A, and affixed improvements that by law constitute Mortgage given to the Insured.
(i) The term"Insured"also includes real property. The term"Land"does not include any 3. NOTICE OF CLAIM TO BE GIVEN BV
(A) successors to the Title of the property beyond the lines of the area described in INSURED CLAIMANT
Insured by operation of law as distinguished from Schedule A, nor any right, title, interest, estate. or The Insured shall notify the Company promptly
purchase, including heirs, devisees, survivors, easement in abutting streets, roads, avenues, alleys, in writing(i) in case of any litigation as set forth in
personal representatives,or next of kin; lanes, ways, or waterways, but this does not modify Section 5(a) of these Conditions, (ii) in case
(B) successors to an Insured by or limit the extent that a right of access to and from Knowledge shall come to an Insured hereunder of
dissolution. merger, consolidation, distribution, or the Land is insured by this policy. any claim of title or interest that is adverse to the
reorganization; (h) "Mortgage": Mortgage,deed of trust,trust Title,as insured,and that might cause loss or damage
(C) successors to an Insured by its deed, or other security instrument, including one for which the Company may be liable by virtue of
conversion to another kind of Entity; evidenced by electronic means authorized by law. this policy,or(iii)if the Title,as insured,is rejected
(D) a grantee of an Insured under a (i) "Public Records": Records established as Unmarketable Title. If the Company is prejudiced
deed delivered without payment of actual valuable under state statutes at Date of Policy for the purpose by the failure of the Insured Claimant to provide
consideration conveying the Title of imparting constructive notice of matters relating to prompt notice,the Company's liability to the Insured
(1) if the stock, shares, real property to purchasers for value and without Claimant under the policy shall be reduced to the
memberships,or other equity interests of the grantee Knowledge. With respect to Covered Risk 5(d), extent of the prejudice.
are wholly-owned by the named Insured. "Public Records" shall also include environmental 4. PROOF OF LOSS
(2) if the grantee wholly protection liens filed in the records of the clerk of the In the event the Company is unable to
owns the named Insured, United States District Court for the district where the determine the amount of loss or damage, the
(3) if the grantee is wholly- Land is located. Company may,at its option,require as a condition of
owned by an affiliated Entity of the named Insured, 0) "Title":The estate or interest described in payment that the Insured Claimant furnish a signed
provided the affiliated Entity and the named Insured Schedule A. proof of loss. The proof of loss must describe the
are both wholly-owned by the same person or Entity, (k) "Unmarketable Title":Title affected by an defect, lien, encumbrance, or other matter insured
or alleged or apparent matter that would permit a against by this policy that constitutes the basis of loss
(4) if the grantee is a trustee prospective purchaser or lessee of the Title or lender or damage and shall state, to the extent possible,the
or beneficiary of a trust created by a written on the Title to be released from the obligation to basis of calculating the amount of the loss or damage.
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA
AMERICAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land I AND TITLE
Title Association.
Order No.: F0409826-370-BBB Policv No.: CO-FSTG-IMP-27306-1-13-F0409826
5. DEFENSE AND PROSECUTION OF maintained., including books, ledgers, checks.. by the Insured Claimant who has suffered loss or
ACTIONS memoranda, correspondence, reports, e-mails, disks, damage by reason of matters insured against by this
(a) Upon written request by the Insured, and tapes, and videos whether bearing a date before or policy.
subject to the options contained in Section 7 of these after Date of Policy, that reasonably pertain to the (a) The extent of liability of the Company for
Conditions,the Company,at its own cost and without Toss or damage. Further, if requested by any loss or damage under this policy shall not exceed the
unreasonable delay, shall provide for the defense of authorized representative of the Company, the lesser of
an Insured in litigation in which any third party Insured Claimant shall grant its permission, in (i) the Amount of Insurance;or
asserts a claim covered by this policy adverse to the writing, for any authorized representative of the (ii) the difference between the value of
Insured.This obligation is limited to only those stated Company to examine, inspect, and copy all of these the Title as insured and the value of the Title subject
causes of action alleging matters insured against by records in the custody or control of a third party that to the risk insured against by this policy.
this policy. The Company shall have the right to reasonably pertain to the loss or damage. All (b) If the Company pursues its rights under
select counsel of its choice(subject to the right of the information designated as confidential by the Insured Section 5 of these Conditions and is unsuccessful in
Insured to object for reasonable cause) to represent Claimant provided to the Company pursuant to this establishing the Title,as insured,
the Insured as to those stated causes of action.It shall Section shall not be disclosed to others unless, in the (i) the Amount of Insurance shall be
not be liable for and will not pay the fees of any other reasonable judgment of the Company, it is necessary increased by 10%,and
counsel. The Company will not pay any fees, costs, in the administration of the claim. Failure of the (ii) the Insured Claimant shall have the
or expenses incurred by the Insured in the defense of Insured Claimant to submit for examination under right to have the loss or damage determined either as
those causes of action that allege matters not insured oath, produce any reasonably requested information, of the date the claim was made by the Insured
against by this policy. or grant permission to secure reasonably necessary Claimant or as of the date it is settled and paid.
(b) The Company shall have the right, in information from third parties as required in this (c) In addition to the extent of liability under
addition to the options contained in Section 7 of these subsection,unless prohibited by law or governmental (a) and (b), the Company will also pay those costs,
Conditions,at its own cost,to institute and prosecute regulation. shall terminate any liability of the attorneys' fees, and expenses incurred in accordance
any action or proceeding or to do any other act that in Company under this policy as to that claim. with Sections 5 and 7 of these Conditions.
its opinion may be necessary or desirable to establish 7. OPTIONS TO PAY OR OTHERWISE 9. LIMITATION OF LIABILITY
the Title, as insured, or to prevent or reduce loss or SETTLE CLAIMS, TERMINATION OF (a) If the Company establishes the Title, or
damage to the Insured. The Company may take any LIABILITY removes the alleged defect, lien or encumbrance, or
appropriate action under the terms of this policy, In case of a claim under this policy, the cures the lack of a right of access to or from the
whether or not it shall be liable to the Insured. The Company shall have the following additional options: Land,or cures the claim of Unmarketable Title,all as
exercise of these rights shall not be an admission of (a) To Pay or Tender Payment of the insured, in a reasonably diligent manner by any
liability or waiver of any provision of this policy. If Amount of Insurance. method, including litigation and the completion of
the Company exercises its rights under this To pay or tender payment of the Amount of any appeals, it shall have fully performed its
subsection,it must do so diligently. Insurance under this policy together with any costs, obligations with respect to that matter and shall not
(c) Whenever the Company brings an action attorneys' fees,and expenses incurred by the Insured be liable for any loss or damage caused to the
or asserts a defense as required or permitted by this Claimant that were authorized by the Company up to Insured.
policy, the Company may pursue the litigation to a the time of payment or tender of payment and that the (b) In the event of any litigation, including
final determination by a court of competent Company is obligated to pay. litigation by the Company or with the Company's
jurisdiction, and it expressly reserves the right, in its Upon the exercise by the Company of this consent,the Company shall have no liability for loss
sole discretion..to appeal from any adverse judgment option,all liability and obligations of the Company to or damage until there has been a final determination
or order. the Insured under this policy,other than to make the by a court of competent jurisdiction, and disposition
6. DUTY OF INSURED CLAIMANT TO payment required in this subsection, shall terminate, of all appeals,adverse to the Title,as insured.
COOPERATE including any liability or obligation to defend. (c) The Company shall not be liable for loss
(a) In all cases where this policy permits or prosecute,or continue any litigation. or damage to the Insured for liability voluntarily
requires the Company to prosecute or provide for the (b) To Pay or Otherwise Settle With assumed by the Insured in settling any claim or suit
defense of any action or proceeding and any appeals, Parties Other Than the Insured or With the without the prior written consent of the Company.
the Insured shall secure to the Company the right to Insured Claimant. 10. REDUCTION OF INSURANCE,
so prosecute or provide defense in the action or (i) To pay or otherwise settle with other REDUCTION OR TERMINATION OF
proceeding.. including the right to use, at its option, parties for or in the name of an Insured Claimant any LIABILITY
the name of the Insured for this purpose. Whenever claim insured against under this policy. In addition, All payments under this policy, except
requested by the Company, the Insured, at the the Company will pay any costs,attorneys' fees,and payments made for costs, attorneys' fees, and
Company's expense, shall give the Company all expenses incurred by the Insured Claimant that were expenses, shall reduce the Amount of Insurance by
reasonable aid (i) in securing evidence, obtaining authorized by the Company up to the time of the amount of the payment.
witnesses, prosecuting or defending the action or payment and that the Company is obligated to pay;or 11. LIABILITY NONCUMULATIVE
proceeding, or effecting settlement, and (ii) in any (ii) To pay or otherwise settle with the The Amount of Insurance shall be reduced by
other lawful act that in the opinion of the Company Insured Claimant the loss or damage provided for any amount the Company pays under any policy
may be necessary or desirable to establish the Title or under this policy,together with any costs,attorneys' insuring a Mortgage to which exception is taken in
any other matter as insured. If the Company is fees, and expenses incurred by the Insured Claimant Schedule B or to which the Insured has agreed,
prejudiced by the failure of the Insured to furnish the that were authorized by the Company up to the time assumed,or taken subject,or which is executed by an
required cooperation, the Company's obligations to of payment and that the Company is obligated to pay. Insured after Date of Policy and which is a charge or
the Insured under the policy shall terminate, Upon the exercise by the Company of either of lien on the Title, and the amount so paid shall be
including any liability or obligation to defend, the options provided for in subsections (b)(i)or(ii), deemed a payment to the Insured under this policy.
prosecute, or continue any litigation, with regard to the Company's obligations to the Insured under this 12. PAYMENT OF LOSS
the matter or matters requiring such cooperation. policy for the claimed loss or damage,other than the When liability and the extent of loss or damage
(b) The Company may reasonably require the payments required to be made, shall terminate, have been definitely fixed in accordance with these
Insured Claimant to submit to examination under including any liability or obligation to defend, Conditions, the payment shall be made within 30
oath by any authorized representative of the prosecute,or continue any litigation. days.
Company and to produce for examination,inspection, 8. DETERMINATION AND EXTENT OF 13. RIGHTS OF RECOVERY UPON
and copying. at such reasonable times and places as LIABILITY PAYMENT OR SETTLEMENT
may be designated by the authorized representative of This policy is a contract of indemnity against (a) Whenever the Company shall have settled
the Company, all records, in whatever medium actual monetary loss or damage sustained or incurred and paid a claim under this policy, it shall be
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMFRK AN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land 1AND"r"
Title Association.
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
subrogated and entitled to the rights of the Insured provision, or to any other controversy or claim 16. SEVERABILITY
Claimant in the Title and all other rights and arising out of the transaction giving rise to this In the event any provision of this policy, in
remedies in respect to the claim that the Insured policy. All arbitrable matters when the Amount of whole or in part, is held invalid or unenforceable
Claimant has against any person or property, to the Insurance is$2,000,000 or less shall be arbitrated at under applicable law,the policy shall be deemed not
extent of the amount of any loss, costs, attorneys' the option of either the Company or the Insured. All to include that provision or such part held to be
fees,and expenses paid by the Company.If requested arbitrable matters when the Amount of Insurance is invalid, but all other provisions shall remain in full
by the Company,the Insured Claimant shall execute in excess of$2,000,000 shall be arbitrated only when force and effect.
documents to evidence the transfer to the Company agreed to by both the Company and the Insured. 17. CHOICE OF LAW;FORUM
of these rights and remedies. The Insured Claimant Arbitration pursuant to this policy and under the (a) Choice of Law: The Insured
shall permit the Company to sue, compromise, or Rules shall be binding upon the parties. Judgment acknowledges the Company has underwritten the
settle in the name of the Insured Claimant and to use upon the award rendered by the Arbitrator(s)may be risks covered by this policy and determined the
the name of the Insured Claimant in any transaction entered in any court of competent jurisdiction. premium charged therefor in reliance upon the law
or litigation involving these rights and remedies. 15. LIABILITY LIMITED TO THIS POLICY; affecting interests in real property and applicable to
If a payment on account of a claim does not POLICY ENTIRE CONTRACT the interpretation,rights,remedies,or enforcement of
fully cover the loss of the Insured Claimant, the (a) This policy together with all policies of title insurance of the jurisdiction where
Company shall defer the exercise of its right to endorsements, if any.. attached to it by the Company the Land is located.
recover until after the Insured Claimant shall have is the entire policy and contract between the Insured Therefore,the court or an arbitrator shall apply
recovered its loss. and the Company. In interpreting any provision of the law of the jurisdiction where the Land is located
(b) The Company's right of subrogation this policy,this policy shall be construed as a whole. to determine the validity of claims against the Title
includes the rights of the Insured to indemnities, (b) Any claim of loss or damage that arises that are adverse to the Insured and to interpret and
guaranties, other policies of insurance, or bonds, out of the status of the Title or by any action asserting enforce the terms of this policy. In neither case shall
notwithstanding any terms or conditions contained in such claim shall be restricted to this policy. the court or arbitrator apply its conflicts of law
those instruments that address subrogation rights. (c) Any amendment of or endorsement to this principles to determine the applicable law.
14. ARBITRATION policy must be in writing and authenticated by an (b) Choice of Forum: Any litigation or other
Either the Company or the Insured may demand authorized person, or expressly incorporated by proceeding brought by the Insured against the
that the claim or controversy shall be submitted to Schedule A of this policy. Company must be filed only in a state or federal
arbitration pursuant to the Title Insurance Arbitration (d) Each endorsement to this policy issued at court within the United States of America or its
Rules of the American Land Title Association any time is made a part of this policy and is subject to territories having appropriate jurisdiction.
("Rules'). Except as provided in the Rules, there all of its terms and provisions. Except as the 18. NOTICES,WHERE SENT
shall be no joinder or consolidation with claims or endorsement expressly states, it does not (i) modify Any notice of claim and any other notice or
controversies of other persons. Arbitrable matters any of the terms and provisions of the policy, (ii) statement in writing required to be given to the
may include, but are not limited to, any controversy modify any prior endorsement.. (iii) extend the Date Company under this policy must be given to the
or claim between the Company and the Insured of Policy,or(iv)increase the Amount of Insurance. Company at Fidelity National Title Insurance
arising out of or relating to this policy,any service in Company,Attn:Claims Department,Post Office Box
connection with its issuance or the breach of a policy 45023,Jacksonville,Florida 32232-5023.
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMIR[CAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land 'AND TIT LF
Title Association.
I.Ta,N
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
Fidelity National Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: Fidelity National Title Company
1277 Kelly Johnson Blvd# 100,
Colorado Springs,CO 80920
Policy No.: CO-FSTG-IMP-27306-1-13-F0409826 OrderNo.: F0409826-370-BBB
Address Reference: 501 Park Circle,Aspen,CO 81611
Amount of Insurance: $1,450,000.00
Date of Policy: June 5,2012 at 6:00 PM
1. Name of Insured:
GSS Park LLC,a Colorado limited liability company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
GSS Park LLC,a Colorado limited liability company
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
27306A(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land ""I"[
Title Association.
OrderNo.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-1170409826
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Lot 4, Sunny Park North Subdivision, according to the plat thereof recorded November 22, 1965 in Plat Book 3 at
Page 52,County of Pitkin,State of Colorado.
27306A(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AM RICAN'
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land `A"°""'
1 iA-11
Title Association.
Ak-
OrderNo. F0409826-370-BBB Policy No.CO-FSTG-IMP-27306-1-13-F0409826
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims of title to water, whether or not the matters excepted under(a), (b), or(c)
are shown by the Public Records.
2. (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.
3. All taxes and assessments for the year 2012 and subsequent years, a lien but not yet due or payable.
4. Reservations contained in the Patent
From: The United States of America
Recording Date: May 20, 1949
Recording No: Book 175 at Page 168 and Book 175 at Page 171
Which among other things recites as follows:
The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be
found to penetrate or intersect the premises hereby granted as provided by law.
5. Restrictions as contained in instrument recorded March 30, 1964 in Book 206 at Page 301, providing as
follows: That no trailer camps or trailer parks shall be permitted or shall be constructed.
6. Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set
forth below:
Recording Date: September 16, 1977
Recording No.: Book 335 at Page 80
7. Easements, reservations, restrictions and notes as shown on the plat recorded November 22, 1965 in Plat
Book 3 at Page 52.
8. Terms, conditions, provisions, agreements and obligations contained in the Water Agreement between
John L. Herron, Royal Land Corporation and Antony Beruman as set forth below:
Recording Date: November 20, 1974
Recording No.: Book 210 at Page 206
27EO91 ALTA 3-06 Zoning—Unimproved Land(6-17-06) Page Iof 2
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AM E RICAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land
Title Association. r
Order No. F0409826-370-BBB Policy No.CO-FSTG-IMP-27306-1-13-F0409826
9. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by
survey,
Job No.: none given
Dated: May 25,2012
Prepared by: Tuttle Surveying Services
Matters shown: a. encroachment of neighbors asphalt parking
b. encroachment of neighbors tier wall planter
10. Any loss or damage arising frorn the fact that any fence lines on or near the perimeter of the Land may
not coincide with property lines, as disclosed by improvement survey plat prepared by Tuttle Surveying
Services, dated May 25, 2012.
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce,but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency,or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed
by its duly authorized officers.
Fidelity National Title Insurance Company
Countersigned By: C�
By: ep nll ,Gr��.
SEAL President
ob /Z
Attest:
Authorized Signature Secretary
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMFR CAN
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land 1AND TIT`F
Title Association.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET
Ti 1E CITY or ASNA
Attached is an Application for review of Development that requires Land Use Review pursuant to
the City of Aspen Land Use Code. Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Land Use Application Form
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements/Submittal Requirements Key
5. General Summary of Your Application Process
6. Public Hearing Notice Requirements
7. Affidavit of Notice
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal
Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second
floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk,
Municipal Code, and search Title 26.
We strongly encourage all applicants to hold a pre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed,submitting one copy of the development application to the Case Planner to
determine accuracy,insufficiencies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package,we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
COMMUNITY DEVELOPMENT DEPARTMENT
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or
deposit is collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable
amount of staff time to process. Review fees for other City departments reviewing the application (referral
departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with
multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff review is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on
the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community
Development Director, the project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner.
Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for
Planning and referral agency fees must be submitted with each land use application, made payable to the City of
Aspen. Applications will not be accepted for processing without the required application fee.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of a land use application requiring a deposit. The City can provide a summary report of fees due at
the applicant's request. The applicant will be billed for the additional costs incurred by the City when the
processing of an application by the Community Development Department takes more time or expense than is
covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no
additional administrative charge. In the event the processing of an application takes less time than provided for
by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and
recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon
conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director
accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time
of final application submission. Upon final approval all billing shall again be reconciled prior to the Director
accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid
invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of
1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be
assigned by the Municipal Court Judge. All payment information is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements
and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits
already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or
issuance of a stop work order until full payment is made.
The property owner of record is the party responsible for payment of all costs associated with a land use
application for the property. Any secondary agreement between a property owner and an applicant representing
the owner(e.g. a contract purchaser) regarding payment of fees is solely between those private parties.
.lalWai-N, 2013 CON ol'Aspen I 130 S. Galena St. 1 (970) 920-5090
July 23,2013
This document is to authorize Amos Underwood, the PBRworkshop, PO box 512
Snowmass Colorado 81654 Phone # 970-274-0481 to represent us in our application for
condo miniumizing our Park Circle property.
Garry Snook, Manager
GSS Park, LLC
PO Box 66
Carbondale, Co 81623
970-963-3517
1277 Kelly Johnson Blvd# 100,
FIDELITY Colorado Springs, 1
Phone: (7l 9)59 590-171-1711
NATIONAL TITLE COMPANY Fax: (719)531-5864
GSS Park LLC
P.O. Box 66
Carbondale,CO 81623
Date: July 19,2013
File Number: 598-FO409826-370-BBB
Property Address: 501 Park Circle,Aspen, CO 81611
Policy Number: CO-FSTG-IMP-27306-1-13-F0409826
Dear New Property Owner:
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information
about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your
other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of
future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply
give us your personal policy file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your
title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs.
Sincerely,
Fidelity National Title Company
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMT�RIC AN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land TANT,TIT[F
A„UUATIUA-
Title Association.
q�n
Fidelity National Title Insurance Company
POLICY NO.: CO-FSTG-IMP-27306-1-13-F0409826
OWNER'S POLICY OF TTTLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation(the
"Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or
damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
0) forgery, fraud,undue influence,duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) 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. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy, use,or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMFRICAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land 'AND TIT[[
Title Association.
March 23, 2013
Sara Adams
City Of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Summary of Request: Condominiumization of Parcel at 501 Park Circle RID #273707401003
Dear Mrs. Adams,
GSS Park LLC, herein known as the applicant, requests approval for the condominiumization of Lot 7,
in the Sunny Park North Subdivision. The location of the parcel is 501 Park Circle. The parcel contains
15,187 Sq. Ft. or 0.35 acres and is zoned R-15.
City of Aspen Land Use Code in small font; Applicant Response is in bold
26.480.090. Condominiumization.
A. General. Where a proposed development is to include a condominium form of ownership or if an
existing development is to be converted to a condominium form of ownership,in whole or in part, a
condominium subdivision plat reflecting all condominiumized units or that portion of the development to
be condominium ized, shall be submitted to the Community Development Director for review and approval
as a subdivision pursuant to the terms and provisions of this Section.
(a) A Condominium Map of Park Condominium Association has been attached to the Land Use
Application provided by Tuttle Surveying Services
B. Procedure.A development application for a condominiumization shall be reviewed and approved,
approved with conditions,or denied by the Community Development Director,pursuant to the procedures
and standards in this Section and Common Development Review Procedures set forth at Chapter 26.304.
No condominiumization shall be approved by the Community Development Director unless compliance
with all application portions of this Section,applicable portions of this Chapter and applicable portions of
this Title are demonstrated.
(b) Applicant agrees to the procedure. All portions of this Title are demonstrated
1. Contents of application. The contents of a development application for a condominium or
condominiumization shall include the following:
a)The general application information required in Common Development Review
Procedures set forth at Section 26.304.030.
b)A condominium subdivision plat drawn with permanent ink on reproducible Mylar.
Sheet size shall be twenty-four(24)inches by thirty-six(36) inches with an
unencumbered margin of one and one-half(1'/2) inches on the left hand side of the sheet
and a one-half('/z) inch margin around the other three(3)sides of the sheet. It shall
include:
(1)Accurate dimensions for all lines,angles and curves used to describe
boundaries,streets, setbacks,alleys,easements, structures,areas to be reserved
or dedicated for public or common use and other important features.All curves
shall be circular arcs and shall be defined by the radius, central angle,tangent,
arc and chord distances.All dimensions,both linear and angular, are to be
determined by an accurate control survey in the field which must balance and
close within a limit of one(1)in ten thousand(10,000).
1
PARCEL ID: 273707401003
(2)The plat shall be drawn at a scale of one(1) inch equals one hundred(100)
feet or larger.Architectural scales are not acceptable. If it is necessary to place
the plat on more than one(1)sheet,an index shall be included on the first sheet.
A vicinity map shall also appear on the first sheet showing the condominium
project as it relates to the rest of the City and the street system in the area of the
proposed condominium.
(3)A description of all survey monuments,both found and set,which mark the
boundaries of the subdivision and description of all monuments used in
conducting the survey. The Colorado Coordinate System may be used.
(4)A statement by the land surveyor explaining how bearings, if used,were
determined.
(5)A certificate by the registered land surveyor as to the accuracy of the survey
and plat and a statement that the survey was performed in accordance with Title
38,Article, 51, C.R.S. 1973,as amended from time to time.
(6)A certificate by a corporate Title insurer,that the person or person dedicating
to the public the public rights-of-way, areas or facilities as shown thereon are the
owners thereof in fee simple,free and clear of all liens and encumbrances.
(7)Certificates showing approval of the final plat by the City Engineer and
Community Development Director.
(8)A certificate of filing for the County Clerk and Recorder.
(9)Copies of any monument records required of the land surveyor in accordance
with Title 38,Article 53,C.R.S. 1973,as amended from time to time.
(1) The application includes a non-Mylar Plat, meeting all conditions described in
subsections; a and b (1-9), for review. The Plat will be transferred to reproducible
Mylar once reviewed and approved by the Community Development Department.
2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the
County Clerk and Recorder within one hundred eighty(180)days of its approval by the
Community Development Director.Failure on the part of the applicant to record the plat within
one hundred eighty(180)days following approval by the Community Development Director shall
render the plat invalid and a new application and approval will be required.
(2) Applicant agrees to the Recordation policy.
3. Subdivision agreement.No subdivision agreement need be prepared or entered into between the
applicant and the City pursuant to a condominium or condominiumization approval unless the
Community Development Director determines such an agreement is necessary.
(3) No Subdivision Agreement has been requested at this time.
4. Minimum lease deed restriction. Minimum lease deed restrictions imposed by the City Council
as a condition of condominium ization approval prior to July 1, 1992,shall only be modified or
removed with the consent of the City Council.
(Ord.No. 55-2000, §12)
(3) No Minimum Lease Deed Restriction has been requested at this time.
Summary
This application request letter has detailed how this project complies with the applicable City of Aspen
Land Use Code requirements for Condominiumization. If any additional information is requested, the
applicant will work diligently and timely in gathering and presenting the requested information.
2
PARCEL ID: 273707401003
July 23,2013
This document is to authorize Amos Underwood, the PBRworkshop, PO box 512
Snowmass Colorado 81654 Phone # 970-274-0481 to represent us in our application for
condominiumizing our Park Circle property.
Garry Snook, Manager
GSS Park, LLC
PO Box 66
Carbondale, Co 81623
970-963-3517
1277 Kelly Johnson Blvd# 100,
FIDELITY Colorado Springs, 59
Phone: (719)590-171-1711
1
NATIONAL TITLE COMPANY Fax: (719)531-5864
GSS Park LLC
P.O. Box 66
Carbondale,CO 81623
Date: July 19,2013
File Number: 598-FO409826-370-BBB
Property Address: 501 Park Circle,Aspen,CO 81611
Policy Number: CO-FSTG-IMP-27306-1-13-F0409826
Dear New Property Owner:
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information
about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your
other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of
future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply
give us your personal policy file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your
title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs.
Sincerely,
Fidelity National Title Company
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AM FRIC AN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land IANO TITLF
A„OI�ATION
Title Association.
=Ai9
Fidelity National Title Insurance Company
POLICY NO.: CO-FSTG-IMP-27306-1-13-F0409826
OWNER"S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation(the
"Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or
damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence,duress, incompetency, incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) 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. The term "encroachment' includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy, use,or enjoyment of the Land;
(b) the character,dimensions, or location of any improvement erected on the Land;
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AW RI(AN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land 'AND TIT`F
Title Association.
N
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce,but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks l through 9 that has been created
or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed
by its duly authorized officers.
Fidelity National Title Insurance Company
Countersigned By:
SEAL President
Attest:
Authorized Signature Secretary
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land D TIT"
11-1 IAI
Title Association. IIIN
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' fees,or expenses
that arise by reason of
1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land:or
(iv) environmental protection;
or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion I(a)does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power.This Exclusion ((b)does not modify,or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a) created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and l0);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in
Schedule A,is
(a) a fraudulent conveyance or fraudulent transfer;or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS instrument established by the Insured named in purchase, lease, or lend if there is a contractual
The following terms when used in this policy Schedule A for estate planning purposes. condition requiring the delivery of marketable title.
mean: (ii) With regard to(A),(B),(C),and(D) 2. CONTINUATION OF INSURANCE
(a) "Amount of Insurance": The amount reserving,however, all rights and defenses as to any The coverage of this policy shall continue in
stated in Schedule A, as may be increased or successor that the Company would have had against force as of Date of Policy in favor of an Insured,but
decreased by endorsement to this policy,increased by any predecessor Insured. only so long as the Insured retains an estate or
Section 8(b), or decreased by Sections 10 and I 1 of (e) "Insured Claimant": An Insured claiming interest in the Land,or holds an obligation secured by
these Conditions. loss or damage. a purchase money Mortgage given by a purchaser
(b) "Date of Policy": The date designated as (f) "Knowledge" or "Known": Actual from the Insured,or only so long as the Insured shall
'Date of Policy"in Schedule A. knowledge,not constructive knowledge or notice that have liability by reason of warranties in any transfer
(c) "Entity":A corporation,partnership,trust, may be imputed to an Insured by reason of the Public or conveyance of the Title. This policy shall not
limited liability company, or other similar legal Records or any other records that impart constructive continue in force in favor of any purchaser from the
entity. notice of matters affecting the Title. Insured of either(i)an estate or interest in the Land,
(d) "Insured": The Insured named in (g) "Land": The land described in Schedule or (ii) an obligation secured by a purchase money
Schedule A. A, and affixed improvements that by law constitute Mortgage given to the Insured.
(i) The term"Insured'also includes real property. The term"Land"does not include any 3. NOTICE OF CLAIM TO BE GIVEN BV
(A) successors to the Title of the property beyond the lines of the area described in INSURED CLAIMANT
Insured by operation of law as distinguished from Schedule A, nor any right, title, interest, estate, or The Insured shall notify the Company promptly
purchase, including heirs, devisees.. survivors, easement in abutting streets, roads.. avenues, alleys, in writing(i) in case of any litigation as set forth in
personal representatives,or next of kin; lanes,ways, or waterways, but this does not modify Section 5(a) of these Conditions, (ii) in case
(B) successors to an Insured by or limit the extent that a right of access to and from Knowledge shall come to an Insured hereunder of
dissolution, merger, consolidation, distribution, or the Land is insured by this policy. any claim of title or interest that is adverse to the
reorganization; (h) "Mortgage":Mortgage,deed of trust,trust Title,as insured,and that might cause loss or damage
(C) successors to an Insured by its deed, or other security instrument, including one for which the Company may be liable by virtue of
conversion to another kind of Entity: evidenced by electronic means authorized by law. this policy,or(iii)if the Title,as insured, is rejected
(D) a grantee of an Insured under a (i) "Public Records": Records established as Unmarketable Title. If the Company is prejudiced
deed delivered without payment of actual valuable under state statutes at Date of Policy for the purpose by the failure of the Insured Claimant to provide
consideration conveying the Title of imparting constructive notice of matters relating to prompt notice,the Company's liability to the Insured
(1) if the stock, shares, real property to purchasers for value and without Claimant under the policy shall be reduced to the
memberships,or other equity interests of the grantee Knowledge. With respect to Covered Risk 5(d), extent of the prejudice.
are wholly-owned by the named Insured, "Public Records" shall also include environmental 4. PROOF OF LOSS
(2) if the grantee wholly protection liens filed in the records of the clerk of the In the event the Company is unable to
owns the named Insured. United States District Court for the district where the determine the amount of loss or damage.. the
(3) if the grantee is wholly- Land is located. Company may,at its option,require as a condition of
owned by an affiliated Entity of the named Insured, (j) "Title": The estate or interest described in payment that the Insured Claimant furnish a signed
provided the affiliated Entity and the named Insured Schedule A. proof of loss. The proof of loss must describe the
are both wholly-owned by the same person or Entity, (k) "Unmarketable Title':Title affected by an defect, lien, encumbrance, or other matter insured
or alleged or apparent matter that would permit a against by this policy that constitutes the basis of loss
(4) if the grantee is a trustee prospective purchaser or lessee of the Title or lender or damage and shall state,to the extent possible,the
or beneficiary of a trust created by a written on the Title to be released from the obligation to basis of calculating the amount of the loss or damage.
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AM T RR]CAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land `A"D TIT"
Title Association. A1101 ATION
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
5. DEFENSE AND PROSECUTION OF maintained, including books, ledgers, checks, by the Insured Claimant who has suffered loss or
ACTIONS memoranda.. correspondence, reports, e-mails, disks, damage by reason of matters insured against by this
(a) Upon written request by the Insured, and tapes, and videos whether bearing a date before or policy.
subject to the options contained in Section 7 of these after Date of Policy, that reasonably pertain to the (a) The extent of liability of the Company for
Conditions,the Company,at its own cost and without loss or damage. Further, if requested by any loss or damage under this policy shall not exceed the
unreasonable delay, shall provide for the defense of authorized representative of the Company, the lesser of
an Insured in litigation in which any third party Insured Claimant shall grant its permission, in (i) the Amount of Insurance;or
asserts a claim covered by this policy adverse to the writing, for any authorized representative of the (ii) the difference between the value of
Insured.This obligation is limited to only those stated Company to examine, inspect, and copy all of these the Title as insured and the value of the Title subject
causes of action alleging matters insured against by records in the custody or control of a third party that to the risk insured against by this policy.
this policy. The Company shall have the right to reasonably pertain to the loss or damage. All (b) If the Company pursues its rights under
select counsel of its choice(subject to the right of the information designated as confidential by the Insured Section 5 of these Conditions and is unsuccessful in
Insured to object for reasonable cause) to represent Claimant provided to the Company pursuant to this establishing the Title,as insured,
the Insured as to those stated causes of action.It shall Section shall not be disclosed to others unless, in the (i) the Amount of Insurance shall be
not be liable for and will not pay the fees of any other reasonable judgment of the Company, it is necessary increased by 10%,and
counsel. The Company will not pay any fees, costs, in the administration of the claim. Failure of the (ii) the Insured Claimant shall have the
or expenses incurred by the Insured in the defense of Insured Claimant to submit for examination under right to have the loss or damage determined either as
those causes of action that allege matters not insured oath, produce any reasonably requested information, of the date the claim was made by the Insured
against by this policy. or grant permission to secure reasonably necessary Claimant or as of the date it is settled and paid.
(b) The Company shall have the right, in information from third parties as required in this (c) In addition to the extent of liability under
addition to the options contained in Section 7 of these subsection,unless prohibited by law or governmental (a) and (b), the Company will also pay those costs,
Conditions,at its own cost,to institute and prosecute regulation, shall terminate any liability of the attorneys' fees, and expenses incurred in accordance
any action or proceeding or to do any other act that in Company under this policy as to that claim. with Sections 5 and 7 of these Conditions.
its opinion may be necessary or desirable to establish 7. OPTIONS TO PAV OR OTHERWISE 9. LIMITATION OF LIABILITY
the Title, as insured, or to prevent or reduce loss or SETTLE CLAIMS; TERMINATION OF (a) If the Company establishes the Title, or
damage to the Insured. The Company may take any LIABILITY removes the alleged defect, lien or encumbrance, or
appropriate action under the terms of this policy, In case of a claim under this policy, the cures the lack of a right of access to or from the
whether or not it shall be liable to the Insured. The Company shall have the following additional options: Land,or cures the claim of Unmarketable Title,all as
exercise of these rights shall not be an admission of (a) To Pay or Tender Payment of the insured, in a reasonably diligent manner by any
liability or waiver of any provision of this policy. If Amount of Insurance. method, including litigation and the completion of
the Company exercises its rights under this To pay or tender payment of the Amount of any appeals, it shall have fully performed its
subsection,it must do so diligently. Insurance under this policy together with any costs, obligations with respect to that matter and shall not
(c) Whenever the Company brings an action attorneys' fees,and expenses incurred by the Insured be liable for any loss or damage caused to the
or asserts a defense as required or permitted by this Claimant that were authorized by the Company up to Insured.
policy, the Company may pursue the litigation to a the time of payment or tender of payment and that the (b) In the event of any litigation, including
final determination by a court of competent Company is obligated to pay. litigation by the Company or with the Company's
jurisdiction,and it expressly reserves the right, in its Upon the exercise by the Company of this consent,the Company shall have no liability for loss
sole discretion,to appeal from any adverse judgment option,all liability and obligations of the Company to or damage until there has been a final determination
or order. the Insured under this policy,other than to make the by a court of competent jurisdiction, and disposition
6. DUTY OF INSURED CLAIMANT TO payment required in this subsection, shall terminate, of all appeals,adverse to the Title,as insured.
COOPERATE including any liability or obligation to defend, (c) The Company shall not be liable for loss
(a) In all cases where this policy permits or prosecute,or continue any litigation. or damage to the Insured for liability voluntarily
requires the Company to prosecute or provide for the (b) To Pay or Otherwise Settle With assumed by the Insured in settling any claim or suit
defense of any action or proceeding and any appeals, Parties Other Than the Insured or With the without the prior written consent of the Company.
the Insured shall secure to the Company the right to Insured Claimant. 10. REDUCTION OF INSURANCE;
so prosecute or provide defense in the action or (i) To pay or otherwise settle with other REDUCTION OR TERMINATION OF
proceeding, including the right to use, at its option, parties for or in the name of an Insured Claimant any LIABILITV
the name of the Insured for this purpose. Whenever claim insured against under this policy. In addition, All payments under this policy, except
requested by the Company, the Insured, at the the Company will pay any costs,attorneys' fees,and payments made for costs, attorneys' fees, and
Company's expense, shall give the Company all expenses incurred by the Insured Claimant that were expenses, shall reduce the Amount of Insurance by
reasonable aid (i) in securing evidence, obtaining authorized by the Company up to the time of the amount of the payment.
witnesses, prosecuting or defending the action or payment and that the Company is obligated to pay,or 11. LIABILITY NONCUMULATIVE
proceeding, or effecting settlement, and (ii) in any (ii) To pay or otherwise settle with the The Amount of Insurance shall be reduced by
other lawful act that in the opinion of the Company Insured Claimant the loss or damage provided for any amount the Company pays under any policy
may be necessary or desirable to establish the Title or under this policy,together with any costs,attorneys' insuring a Mortgage to which exception is taken in
any other matter as insured. If the Company is fees, and expenses incurred by the Insured Claimant Schedule B or to which the Insured has agreed,
prejudiced by the failure of the Insured to furnish the that were authorized by the Company up to the time assumed,or taken subject,or which is executed by an
required cooperation, the Company's obligations to of payment and that the Company is obligated to pay. Insured after Date of Policy and which is a charge or
the Insured under the policy shall terminate, Upon the exercise by the Company of either of lien on the Title, and the amount so paid shall be
including any liability or obligation to defend, the options provided for in subsections (b)(i) or(ii), deemed a payment to the Insured under this policy.
prosecute, or continue any litigation, with regard to the Company's obligations to the Insured under this 12. PAYMENT OF LOSS
the matter or matters requiring such cooperation. policy for the claimed loss or damage,other than the When liability and the extent of loss or damage
(b) The Company may reasonably require the payments required to be made, shall terminate, have been definitely fixed in accordance with these
Insured Claimant to submit to examination under including any liability or obligation to defend, Conditions, the payment shall be made within 30
oath by any authorized representative of the prosecute,or continue any litigation. days.
Company and to produce for examination,inspection, 8. DETERMINATION AND EXTENT OF 13. RIGHTS OF RECOVERY UPON
and copying, at such reasonable times and places as LIABILITY PAYMENT OR SETTLEMENT
may be designated by the authorized representative of This policy is a contract of indemnity against (a) Whenever the Company shall have settled
the Company, all records.. in whatever medium actual monetary loss or damage sustained or incurred and paid a claim under this policy, it shall be
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMFRICAN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land 'AND T"FF
Title Association. A"°`"TI°"
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
subrogated and entitled to the rights of the Insured provision, or to any other controversy or claim 16. SEVERABILITV
Claimant in the Title and all other rights and arising out of the transaction giving rise to this In the event any provision of this policy, in
remedies in respect to the claim that the Insured policy. All arbitrable matters when the Amount of whole or in part, is held invalid or unenforceable
Claimant has against any person or property, to the Insurance is $2,000,000 or less shall be arbitrated at under applicable law,the policy shall be deemed not
extent of the amount of any loss, costs, attorneys' the option of either the Company or the Insured. All to include that provision or such part held to be
fees,and expenses paid by the Company.If requested arbitrable matters when the Amount of Insurance is invalid, but all other provisions shall remain in full
by the Company,the Insured Claimant shall execute in excess of$2,000,000 shall be arbitrated only when force and effect.
documents to evidence the transfer to the Company agreed to by both the Company and the Insured. 17. CHOICE OF LAW;FORUM
of these rights and remedies. The Insured Claimant Arbitration pursuant to this policy and under the (a) Choice of Law: The Insured
shall permit the Company to sue, compromise, or Rules shall be binding upon the parties. Judgment acknowledges the Company has underwritten the
settle in the name of the Insured Claimant and to use upon the award rendered by the Arbitrator(s)may be risks covered by this policy and determined the
the name of the Insured Claimant in any transaction entered in any court of competent jurisdiction. premium charged therefor in reliance upon the law
or litigation involving these rights and remedies. 15. LIABILITY LIMITED TO THIS POLICY; affecting interests in real property and applicable to
If a payment on account of a claim does not POLICY ENTIRE CONTRACT the interpretation,rights,remedies,or enforcement of
fully cover the loss of the Insured Claimant, the (a) This policy together with all policies of title insurance of the jurisdiction where
Company shall defer the exercise of its right to endorsements, if any, attached to it by the Company the Land is located.
recover until after the Insured Claimant shall have is the entire policy and contract between the Insured Therefore,the court or an arbitrator shall apply
recovered its loss. and the Company. In interpreting any provision of the law of the jurisdiction where the Land is located
(b) The Company's right of subrogation this policy,this policy shall be construed as a whole. to determine the validity of claims against the Title
includes the rights of the Insured to indemnities, (b) Any claim of loss or damage that arises that are adverse to the Insured and to interpret and
guaranties, other policies of insurance, or bonds, out of the status of the Title or by any action asserting enforce the terms of this policy. In neither case shall
notwithstanding any terms or conditions contained in such claim shall be restricted to this policy. the court or arbitrator apply its conflicts of law
those instruments that address subrogation rights. (c) Any amendment of or endorsement to this principles to determine the applicable law.
14. ARBITRATION policy must be in writing and authenticated by an (b) Choice of Forum: Any litigation or other
Either the Company or the Insured may demand authorized person, or expressly incorporated by proceeding brought by the Insured against the
that the claim or controversy shall be submitted to Schedule A of this policy. Company must be filed only in a state or federal
arbitration pursuant to the Title Insurance Arbitration (d) Each endorsement to this policy issued at court within the United States of America or its
Rules of the American Land Title Association any time is made a part of this policy and is subject to territories having appropriate jurisdiction.
("Rules"). Except as provided in the Rules, there all of its terms and provisions. Except as the 18. NOTICES,WHERE SENT
shall be no joinder or consolidation with claims or endorsement expressly states, it does not (i) modify Any notice of claim and any other notice or
controversies of other persons. Arbitrable matters any of the terms and provisions of the policy, (ii) statement in writing required to be given to the
may include, but are not limited to, any controversy modify any prior endorsement, (iii) extend the Date Company under this policy must be given to the
or claim between the Company and the Insured of Policy,or(iv)increase the Amount of Insurance. Company at Fidelity National Title Insurance
arising out of or relating to this policy,any service in Company,Attn:Claims Department,Post Office Box
connection with its issuance or the breach of a policy 45023,Jacksonville,Florida 32232-5023.
27306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMFRK AN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land 'AND T""
Title Association. "'
Order No.: F0409826-370-BBB Policy No.: C0-FSTG-IMP-27306-1-13-F0409826
Fidelity National Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: Fidelity National Title Company
1277 Kelly Johnson Blvd# 100,
Colorado Springs,CO 80920
Policy No.: CO-FSTG-IMP-27306-1-13-F0409826 Order No.: F0409826-370-BBB
Address Reference: 501 Park Circle,Aspen,CO 81611
Amount of Insurance: $1,450,000.00
Date of Policy: June 5,2012 at 6:00 PM
1. Name of Insured:
GSS Park LLC,a Colorado limited liability company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
GSS Park LLC,a Colorado limited liability company
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
27306A(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMCRI(AN
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land nND 1„
Title Association.
Order No.: F0409826-370-BBB Policy No.: CO-FSTG-IMP-27306-1-13-F0409826
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Lot 4, Sunny Park North Subdivision, according to the plat thereof recorded November 22, 1965 in Plat Book 3 at
Page 52,County of Pitkin,State of Colorado.
27306A(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMFNICAN
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land `AND""F
Title Association. "
Order No. F0409826-370-BBB Policy No.CO-FSTG-IMP-27306-1-13-F0409826
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims of title to water, whether or not the matters excepted under(a), (b), or(c)
are shown by the Public Records.
2. (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.
3. All taxes and assessments for the year 2012 and subsequent years, a lien but not yet due or payable.
4. Reservations contained in the Patent
From: The United States of America
Recording Date: May 20, 1949
Recording No: Book 175 at Page 168 and Book 175 at Page 171
Which among other things recites as follows:
The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be
found to penetrate or intersect the premises hereby granted as provided by law.
5. Restrictions as contained in instrument recorded March 30, 1964 in Book 206 at Page 301, providing as
follows: That no trailer camps or trailer parks shall be permitted or shall be constructed.
6. Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set
forth below:
Recording Date: September 16, 1977
Recording No.: Book 335 at Page 80
7. Easements, reservations, restrictions and notes as shown on the plat recorded November 22, 1965 in Plat
Book 3 at Page 52.
8. Terms, conditions, provisions, agreements and obligations contained in the Water Agreement between
John L. Herron, Royal Land Corporation and Antony Beruman as set forth below:
Recording Date: November 20, 1974
Recording No.: Book 210 at Page 206
27EO91 ALTA 3-06 Zoning—Unimproved Land(6-17-06) Page Iof 2
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA MVUI(AN
members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land i "','11111
Title Association.
Order No. F0409826-370-BBB Policy No.CO-FSTG-IMP-27306-1-13-F0409826
9. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by
survey,
Job No.: none given
Dated: May 25, 2012
Prepared by: Tuttle Surveying Services
Matters shown: a. encroachment of neighbors asphalt parking
b. encroachment of neighbors tier wall planter
10. Any loss or damage arising from the fact that any fence lines on or near the perimeter of the Land may
not coincide with property lines, as disclosed by improvement survey plat prepared by Tuttle Surveying
Services, dated May 25, 2012.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET
Tile CiT)or Awl N
Attached is an Application for review of Development that requires Land Use Review pursuant to
the City of Aspen Land Use Code. Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Land Use Application Form
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements/Submittal Requirements Key
5. General Summary of Your Application Process
6. Public Hearing Notice Requirements
7. Affidavit of Notice
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal
Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second
floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk,
Municipal Code, and search Title 26.
We strongly encourage all applicants to hold a pre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed,submitting one copy of the development application to the Case Planner to
determine accuracy,insufficiencies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package,we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
COMMUNITY DEVELOPMENT DEPARTMENT
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or
deposit is collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable
amount of staff time to process. Review fees for other City departments reviewing the application (referral
departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with
multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff review is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on
the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community
Development Director, the project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner.
Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for
Planning and referral agency fees must be submitted with each land use application, made payable to the City of
Aspen. Applications will not be accepted for processing without the required application fee.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of a land use application requiring a deposit. The City can provide a summary report of fees due at
the applicant's request. The applicant will be billed for the additional costs incurred by the City when the
processing of an application by the Community Development Department takes more time or expense than is
covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no
additional administrative charge. In the event the processing of an application takes less time than provided for
by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and
recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon
conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director
accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time
of final application submission. Upon final approval all billing shall again be reconciled prior to the Director
accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid
invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of
1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be
assigned by the Municipal Court Judge. All payment information is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements
and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits
already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or
issuance of a stop work order until full payment is made.
The property owner of record is the party responsible for payment of all costs associated with a land use
application for the property. Any secondary agreement between a property owner and an applicant representing
the owner(e.g. a contract purchaser) regarding payment of fees is solely between those private parties.
JaIlUai-N, 2013 CitN of Aspen I 130 S. Galena St. 1 (970) 91-0-5090
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City") and
Property Gar Snook Phone No.: 970-963-3517
Owner("I"): Garry Email:
Address of 501 Park Circle Billing PO Box 66
Property: Aspen Colorado Address: Carbondale CO 81623
(subject of 81611 (send bills here)
application) snookcolorado @gmail.com
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.
$0 flat fee for Select Dept $0 flat fee for Select Dept
$ 0 flat fee for Select Dept $ 0 flat fee for Select Review
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.
$ 650 deposit for 2 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ 265 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: Property Owner:
Chris Bendon Garry Sr400k
Community Development Director Name:
City Use:
Title: Property Owner
Fees Due: $9 5 Received: $
JaIlUary. 201-3 Cit� of Aspen � 1'10 S. Galena St. 1 (970) 920-5090
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ATTACHMENT 2-LAND USE APPLICATION
PROJECT:
Name: Sunny Park North
Location: 501 Park Circle Aspen Colorado 81611 subdivision: Sunny Park North Lot:4
(Indicate street address, lot&block number, legal description where appropriate)
Parcel ID# REQUIRED 273707401003
APPLICANT:
Name: GSS Park LLC
Address: PO Box 3377 Basalt Colorado 81621
Phone#: 970-963-3517
REPRESENTATIVE:
Name: Amos Underwood @ the PBRworkshop
Address: PO Box 512 Snowmass Colorado 81654
Phone#: 970-274-0481
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ® Subdivision Exemption(includes ❑ Final SPA(& SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
New Duplex Construction
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
Condominimization of the parcel
Have you attached the following? FEES DUE: $ 915.00
❑ Pre-Application Conference Summary
❑ Attachment#1, Signed Fee Agreement
❑ Response to Attachment#3,Dimensional Requirements Form
❑ Response to Attachment 44, 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.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Sunny Park North
Applicant: Amos Underwood @ the PBRworkshop
Location: 501 Park Circle Aspen Colorado 81611 subdivision: Sunny Park North LotA
Zone District: R-15
Lot Size: 15,187 Sq.Ft. or 0.35 acres
Lot Area: UNIT A-7,802.8 SgFt(.18 acres) UNIT B-7,384.2 SgFt(.17 acres)
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: 3 Proposed: 2
Number of bedrooms: Existing: Proposed: 8
Proposed% of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed: 4,594.75
Principal bldg. height: Existing: Allowable: 25'-0" Proposed: 25'-0"
Access. bldg. height: Existing: Allowable: N/A Proposed:
On-Site parking: Existing: Required.. 2 Proposed: 4
% Site coverage: Existing: Required: N/A Proposed:
% Open Space: Existing: Required: N/A Proposed:
Front Setback: Existing: Required: 25'-0" Proposed: 25'-8"
Rear Setback: Existing: Required: 10'-0" Proposed: 30'-0"
Combined F/R: Existing: Required: 35'-0" Proposed: 55'-8"
Side Setback: Existing: Required: 10'-0" Proposed.- 13'-0"
Side Setback: Existing: Required: 10'-0" Proposed: 13'-3"
Combined Sides: Existing: Required: 20'-0" Proposed: 23'-3"
Distance Between Existing Required: N/A Proposed:
Buildings
Existing non-conformities or encroachments: South Neighbor's Fence encroaches onto the parcel
Variations requested: None
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams 970-429-2778 DATE: 7/10/13
PROJECT: 501 Park Circle, Condominiumization
APPLICANT: GSS Park LLC
REPRESENTATIVE: Amos Underwood, 274-0481
TYPE OF APPLICATION: Condominiumization
DESCRIPTION: The Applicant proposes to condominiumize the duplex located at 501 Park Circle.
Condominiumization is a form of subdivision and requires an administrative approval pursuant to the
requirements of Aspen Land Use Code Section 26.480.090 (B), Condom iniumization.
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/2011%201and%20use
%20app%20form.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
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/
Review by: - Planning and Engineering Staff for compliance
- Community Development Director for approval
Public Hearing: No hearing required
Planning Fees: $650 Deposit for 2 hours of staff time. Additional staff time required is billed at
$325/hour
Referral Fees: $265/hour for Engineering Review
Total Deposit: $915.00 (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, as applicable.
5. Signed fee agreement.
6. Pre-application Conference Summary.
7. Proposed condominium plat. Provide paper copies for staff review land a digital PDF if
available). Once staff has reviewed the pro_ posal and made any necessary corrections, then
mylars can be created for recordation.
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, Condominiumization.
Engineering requirements are available online at:
http://www.aspenpitkin.com/Portals/0/docs/City/engineering/survey%20checklists/Condominiu
mPlatSurveyChecklist.pdf
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
DEVELOPMENT COMMUNITY '
Agreement to Pay Application Fees
JUL 2 4 2013
Anagreement between the City of Aspen ("City") and
Property Gar Snook Phone No.: 970-963-3517 COMMUNITY DHEI-0 MENT
Owner("I"): Garry Email:
Address of 501 Park Circle Billing PO Box 66
Property: Aspen Colorado Address: Carbondale CO 81623
(subject of 81611 (send bills here)
application) snookcolorado @gmail.com
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.
$0 flat fee for Select Dept $0 flat fee for Select Dept
$ 0 flat fee for Select Dept $ 0 flat fee for Select Review
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.
$ 650 deposit for 2 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ 265 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: Property O er: 7Z
Chris Bendon Garry Sllook
Community Development Director Name:
City Use:
Title: Property Owner
Fees Due: $9 5 Received: $
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