HomeMy WebLinkAboutlanduse case.AP.1022 E Hyman Ave.0034.2009.ASLU A*k]
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0034.2009.ASLU
PARCEL ID NUMBERS 2737 18 110 001-2
PROJECTS ADDRESS 1022 E Hyman Ave
PLANNER JENNIFER PHELAN
CASE DESCRIPTION CONDO PLAT AMENDMENT
REPRESENTATIVE JOHN MCCORMICK
DATE OF FINAL ACTION 5.28.10
DATE OF FINAL REFUND/ CASE ABANDONED
PAYMENT
CLOSED BY ANGELA SCOREY ON: 10.15.14
Pct x ! 27 3-7 _( 8-1- _oo .�. 2 �,3 4--2009 ASLJA
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Main yakiation Custom Fields I Actions I Fees I Parcels Fee Summary I Sub Permits Attachments Routing Status I Routing 9 ►
° Permit Type laslu Aspen Land Use Permit* 0034.2009.ASLU
Address 11022 E HYMAN AVE , Apt f Suite 1'
City JASPEN State CO . Zip 81611
Permit Information
Master Permit ] Routing Queue aslu07 Applied 06102/2009 J
Project ] Status 1pencling Approved �J
Description CONDO PLAT AMENDMENT Issued —�
Final 1
Submitted STEVE WILSON 274 4109 CJock Running Days 0 Expires 0512812010
Owner
Last Name MCCORMICK J First Name JOHN PO BOX 1067
ASPEN CO 81612
Phone (970)920-4700
;W Owner Is Appke t7
Applicant- -- —� _
Last Name MCCORMICK - First Name IJOHN PO BOX 1067
ASPEN CO 81612
Phone (970)92� 0-4700 Cust# 25661
Lender ——.__ ---
Last Name First Name
Phone �-
Ii
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AspenGold(b) _j ( Record:1 of 1
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Condo Plat Checklist: Ref. City of Aspen Land Use Code, Part 400, Chapter 480, Section 090
- Case: 0034.2009.ASLU (1022 E. Hyman)
- Date: 6.16.09
- Planner assigned: Jennifer Phelan
Page 1 of the plat requires a number of corrections.
• The property description notes Parcel A and Parcel B; however, Parcel A and B do not
relate to the existing legal description (Units 1 and 2, Eubank Condominiums) nor does
it relate to any of the other plat pages or the declaration since both documents refer to
units and not parcels. Please clarify why the parcels are included. They do not appear to
relate to any other plat page and it do not appear to exist. The legal could also be
handled in the Declarant's Certificate.
A purpose statement would assist in clarifying the new plat. "The purpose of this
condominium plat is to rename the Eubank Condominiums plat, and amend the unit
descriptions."
• Three of the plat notes refer to Pitkin County rather than the City of Aspen. One plat
note outlining the condominium plat does not create a legal subdivision needs to be
reworded.
�• Only one witness corner is identified on page 1,where two are necessary.
• Why is the top of bank and high water line identified on the plats?
• Required Certificates are on the plat map; however the following changes are needed.
J - Lien Holder Consent and Subordination . All of the lien holder language refers to
Parcel A and B, which is not a legal description.
4- Surveyor's Certificate. The plat is listed as River Bank Condominiums rather than
River House Condominiums.
- Declarant's Certificate.The certificate refers to Parcel A and B and the 'John
McCormick Money Purchase Plan'; however, this description does not relate to the
legal description or ownership provided by the title work. Additionally, only title
work for one of the units (unit 2) was provided.
J- City Engineer's Approval.The plat is listed as River Bank Condominiums rather than
River House Condominiums. A notary block is not necessary and should be deleted.
V- Mortgagee's Certificate. All of the language refers to Parcel A and B, which is not a
legal description.
Other Items:
• Pages 2 and 3 do not clearly identify what a potential buyer is purchasing. What is the
outside of footprint?Clearer identification of the units by delineating 'outside of the
footprint' with a legend is necessary. The floor levels are not clearly identified; if they
were identified they would correlate with the elevation levels (basement, main, 2'd
floor) on page 5.
• Pages 1 and 4 do not have the same number of pins on each drawing and the witness
corners are not identified as such on page 1.
• The graphic scale is not to scale.
• I'm concerned that the elevations provided on page5 may not be accurate to some of
the improvements (decks). Please put some type of disclaimer on that page.
• On page 4, the plat identifies Lot 2 as 6,267 sq. ft. It appears that that is the entire lot
size of the subject property. The purpose of page 4 is to indentify LCEs and GCEs.The
square footage of the GCE should be provided rather than the entire lot size.
• Index of sheets. Include matchlines. Need to provide index on page 1
• Common access, utilities and drainage are accessible to all units benefiting from
common utilities. This issue did not appear to be addressed in the declarations or the
plat.
M
Jennifer Phelan
From: john @aspenluxury.com
Sent: Tuesday, June 23_, 2009 10:21 AM _
To: Jennifer Phelan
Subject: Re: 1022 E Hyman
I will have Sexton Survey call you TX
Sent from my Verizon Wireless B1ackBerry
-----Original Message-----
From: "Jennifer Phelan" <Jennifer.Phelan @ci.aspen.co.us>
Date: Tue, 23 Jun 2009 09:23:34
To: John McCormick<john(@aspenluxury.com>
Subject: RE: 1022 E Hyman
John: Thanks for emailing me. I just finished typing up my comments.
Attached is a pdf outlining changes and amendments that are needed on
the plat. It may be easier to sit down and go over my comments in the
office with the plat in front of us. Let me know if you want to meet.
Regards, Jennifer
Jennifer Phelan, AICP
Deputy Director
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
www.aspenpitkin.com
From: John McCormick [mailto:john @aspenluxury.com]
Sent: Monday, June 22, 2009 9:46 PM
To: Jennifer Phelan
1
Subject: 1022 E Hyman
7ennifer,
Any progress???
z
ATTACHMENT Z---LAND USE APPLICATION UN 0 2 2009
PROJECT:
61 moo.. ,
Name: 1022 E. Hyman - Condo Plat Amendment ' m
` k IV
Location: 1022 E. Hyman Ave, Aspen CO 81611
(Indicate street address, lot& block number, legal description where appropriate)
Parcel ID#(REQUIRED) 273-718-11-0002
APPLICANT:
Name: John McCormick
Address: P.O. Box 1067, Aspen CO 81612
Phone#: 948-8047
REPRESENTATIVE:
Name: Steev Wilson
Address: P.O. Box 1606 Basalt CO 81621
Phone#: 279-4109
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:Condo Plat Amendment
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.)
Condo Plat Reads "EUBANK Unit#" and shows older Plat Map and Covenants
PROPOSAL: (description of proposed buildings,uses, modilications,etc.)
Change Legal Description to, "River House Condominium: Unit#" Update Plat Map and Revise Covenants and the
designation of Limited and Greater Common Elements.
Have you attached the following? FEi1is Dvr.: S 590
❑ Pre-Application Conference Summary
❑ Attachment#l, Signed Fee Agreement
❑ Response to Attachment#3, Dimensional Requirements Form
❑ Response to Attachment 44, Submittal Requirements- Including Written Responses to Revie" 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.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
RECEIVED'
CITY OF ASPEN(hereinafter CITY)and John McCormick
(hereinafter APPLICANT)AGREE AS FOLLOWS: > 2009
1. APPLICANT has submitted to CITY an application for
��IF ASPEN
1022 E. Hyman-Condo Plat Amendment ' "' : DEVELORW
(hereinafter,THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size,nature or scope of the proposed project,it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration,unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$590 which is for 3 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above,including post approval review at a rate of$235.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By:
Chris Bendon Je-h,— -2-A-7� ems'
Community Development Director Date: S / O /� 7
Billing Address and Telephone Number:
P.O. Box 1067
Aspen CO 81621
948-8047
ATTACHMENT 3
DIMENSIONAL. REQUIREMENTS FORM J(/� o
Project: 1022 E. Hyman - Condo Plat Amendment
Applicant: John McCormick _
Location: 1022 E. Hyman Ave, Aspen CO 81611 _ y._; _
Zone District: R/MF
Lot Size:
Lot Area: 6,264 SF
(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: NA 1 ro1)ose(1- NA
Number of residential units: Existing: 2 ______Proposed.- 2
Number of bedrooms: Existing.-5 Proposed 5
Proposed % of demolition (Historic properties only):
DIMENSIONS: All below dimensions are unchanged from the original
Floor Area: Existing:_ Allowwahle: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing.-___------- Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: _ Required: Proposed.' _
% Open Space: Existing. Required. Proposed:
Front Setback: Existing: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F/R: Existing. Required: Proposed:
Side Setback: Existing: Required. Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing:_ Required: Proposed.
Distance Between Existing Required: Pro/)osed:
Buildings
Existing non-conformities or encroachments: I_eagaily established non-Conforming
Stream Margin Encroachment.
Variations requested: None
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Errin Evans, 429-2745 DATE: 04.17.2009
PROJECT: 1022 E Hyman
REPRESENTATIVE: John McCormick
Tel: 948-8047
DESCRIPTION
The Applicant would like to amend the condominiumization plat of an existing duplex structure and property
located at 1022 E Hyman. The applicant is required to submit a condominium plat and condominium
declaration documents.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominium Plat
http://www.aspenpitkin.cgM/depts/38/q#yco4p.,gfrp
Review by: - Staff for complete application
- Referral agencies for technical considerations
- Community Development Director for final determination on the Condo Plat Approval
Planning Fees: $590 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are
billed at a rate of$235/hour).
Total Deposit: $590
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
5. 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.
6. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
7. A site plan of the subject units.
8. A paper copy of the proposed plat that should ir:clude the information listed for
Condominiumization under Code Section 26.480.090 (B).
9. Additional application material as required for each specific review. (See application packet and
land use code)
10. 2 Copies of the complete application packet and maps.
11. 2 Copies of the paper plat.
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.
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of'
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less .shall he arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<
http:/fc,.ry+.ryv.cr lur.or�/>,
sewar �
title uaran
9 tY company
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All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O.Box 2029;Houston;Texas 77252.
ALTA Contntitatent(6/27106)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
stewart
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration.
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of'
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
-stemaft
Ins=:zedCounle stg: urc — -title guaranty company f I/ '7 f5 1U2t6-.�
Senlor'Chairman of Ike Boa'rd
Stewart Title of Colorado Inc.-Aspen
Division
620 East Hopkins Avenue *coAa,,m.t
me soars '
Aspen.Colorado S 1611
Phone Number: (970)925-3577 �n,
President
ALTA Commitment(6!17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
L Effective Date: October i7,2007 at 8:00 a.m. Order No.:46649
2. Policy or Policies To Be Issued: Amount of Insurance
(a)A.L.T.A. Owner's (Standard) $TBD
Proposed Insured:
To Be Determined
(b)A.L.T.A. Loan
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
John McCormick
5. The land referred to in this Conmutnient is described as follows:
Unit 2, EUBANK CONDOMINIUMS, according to the Condominium Map thereof recorded September 7,
1988 in Plat Book 21 at Page 25 as Reception No. 303635,and as defined and described in the
Condominium Declaration recorded November 1, 1988 in Book 577 at Page 262 as Reception No. 305496.
County of Pitkin, State of Colorado
Purported Address: STATEMENT OF CHARGES
1022 E Hyman Avenue 2 These charges are due and payable
Aspen,Colorado 81611 before a Policy can be issued:
To Be Detennined
Order Va.: miEme �St�—_1
ALTACommitment!b(17146)-Schedule A ��r7Yf�'T`
Page 1 of 1 title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B—Section 1
REQUIREMENTS
Order Number: 46649
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Release of Deed of Trust
Dated: October 2,2003,
Executed by: John McCormick,
to the Public Trustee of Pitkin County, to secure an indebtedness
in the amount of: $1,345,000.00,
in favor of: Washington Mutual Bank,FA.,
Recorded: October 7, 2003
as Reception No.: 489439.
4. Release of Deed of Trust
Dated: November 24, 2003,
Executed by: John McCormick,
to the Public Trustee of Pitkin County, to secure an indebtedness
in the amount of: $200,000.00,
in favor of: GreenPoint Mortgage Funding,Inc.
Recorded: December 1, 2003
as Reception No.: 491895.
5. Certificate from the management group evidencing the fact that all Condominium expenses have
been paid pursuant to the Condominium Declaration.
6. Evidence of compliance with the terms of the provision of the Condominium Declaration pursuant
to Paragraph No. 24C, relating to the first right of refusal.
7. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director
of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt
from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979)and (2)
The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
8. Deed from vested owner, vesting fee simple title in purchaser(s).
order V o afiti t9 -Wart
ALTA Coumti[utent(fill']/ofi)-Schedule B 1 w
Page 1 of 2 -title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B—Section 2
EXCEPTIONS
Order Number: 46649
The policy or policies to be insured will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements,not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the
public records or attaching subsequent to the effective date hereof, but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection,soil
conservation or other district or inclusion in any water service or street improvement area.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded October 21, 1955 in Book 180 at Page 454.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
of record and any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead
tin, copper or other valuable deposit claimed or known to exist on March 23 1885, as reserved by
Patent recorded June 17, 1949 in Boole 175 at Page 246.
11. Conditions as set forth in Deed recorded April 11, 1974 in Book 286 at Page 193 which state
Order Vi,.: 46649 ft 7ste\/H��L,A/V��
ALTA Ccnn mi[mcntl6117lO6j-Schedule B 2
Pagc 1 oF2 title guaranty company
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substantially as follows: Upkeep, maintenance and snow removal shall be the joint and mutual
responsibility of the parties hereto, their heirs, executors, administrators and assigns. Such
easement shall be accessible and open at all times. (Affects said easement across Lot Q).
12.Terms, conditions and obligations regarding maintenance and snow removal as set forth in Deed
recorded April 17, 1974 in Book 286 at Page 195 as Reception No. 166797.
13. 10 foot Trail Easement granted to the City of Aspen by instrument recorded June 10, 1974 in Book
288 at Page 144 as Reception No. 168040, and Amended Grant of Trail Easement recorded
December 19, 1983 in Book 457 at Page 542 as Reception No. 255798.
14. Terms, conditions and obligations as set forth in Molny-Eubank Subdivision Exemption Agreement
with the City of Aspen, recorded February 23, 1981 in Book 404 at Page 682 as Reception No.
231044.
15. Easements and restrictions as shown on the Condominium Map for the Eubank Condominiums
recorded September 7, 1988 in Plat Book 21 at Page 25 as Reception No. 303635, and on the Plat
for the Molny-Eubank Subdivision recorded February 23, 1981 in Plat Book 11 at Page 13 as
Reception No. 231045.
16. Terms, conditions, obligations and restrictions as set forth in the Condominium Declaration for the
Eubank Condominiums recorded November 1, 1988 in Book 577 at Page 262 as Reception No.
305496.
17. Terms, conditions, obligations and restrictions as set forth in Resolution No. 02 Series of 2001 of
the Board of Adjustment of the City of Aspen, granting a variance to John McCormick recorded
November 19,2001 as Reception No. 460983.
NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires
that"Every title entity shall be responsible for all matters which appear of record prior to the time
of recording whenever the title entity conducts the closing and is responsible for recording or filing
of legal documents resulting from the transaction which was closed." Provided that Stewart Title of
Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy
and the Lender's Policy when issued.
NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth
in the ALTA 2006 Policy form. Copies of the 2006 form Policy Jacket, setting forth said terms,
conditions and exclusions, will be made available upon request.
order >.:Commitment �S elmot
ALTA Commitmcn[(6/17/00)-$chcdulc B Z
Page 2 of 2 t1Ue guaranty company
fi
o.5 WARRANTY DEED
Zr
o THIS DEED, made April 27, 2000,
CL a_wU Between DALE EUBANK
2 y of the County of Garfield, State of CO, GRANTOR,
AND JOHN MCCORMICK, GRANTEE
a'
whose legal address is : 302 E. HOPKINS,ASPEN, CO, 81611
of the County of Pitkin, State of CO
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,the grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain,sell and convey and confirm unto the grantee, his heirs and
assigns forever,all the real property together with improvements, if any, situate and lying and being in the County
of Pitkin, State of COLORADO, described as follows:
UNIT 2,
�V EUBANK CONDOMINIUMS, according to the Condominium Map thereof, recorded September 7, 1988 in Plat Book
21 at Page 25 and further defined and described in Condominium Declaration for Eubank Condominiums, recorded
November 1, 1988 in Book 577 at Page 262.
442772
TRANSFER DECLARATION RECEIVED 84/28/2800
Z 4 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
aappertaining, and the reversion and reversions, remainders, rents, issues and profits thereof,and all the estate,
Q
(La. right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above
►�W Q bargained premises,with the hereditaments and appurtenances.TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever.And the
_ r Grantor, for himself, his heirs and assigns, does covenant,grant, bargain, and agree to and with the Grantee, his
U heirs and assigns, that at the time of the ensealing and delivery of the presents, he is well seized of the premises
above conveyed, has good, sure, perfect,absolute and indefeasible estate of inheritance, in law,in fee simple, and
has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
S aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth
on Exhibit"A"attached hereto and incorporated herein by reference.The grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs
an igns, against all and every person or persons lawfully claiming the whole'or any part thereof. The singular
mbe shall include the plural, the plural the si lar, and the use of gender shall be applicable to all genders.
I WIT ESS R gra r has exe d this deed.
ILI-
DALE EUBANK
11111111101 Bill 11111111111111111111111111111111 IN
442772 04/26/2000 10:57A WD DAVIS SILVI
i of 3 R 15.00 0 100.00 N 0.00 PITKIN COUNTY CO
STATE OF COLORADO }
ss
COUNTY OF PITKIN }
The foregoing instrument was acknowledged before me this � -4h
by DALE EUBANK. g day of APRIL, 2000,
WITNESS my hand and official seal
my commission expires: tart' Public
Jay S.Hgensfttery Pubfic y Ht Q��s
My Commission mores 4=2002
601 East Ek003 - T Ju?
Aspen,Colorado 81611 * w'
r�Gr C01.�
1111 IN
442772 04/28/2000 10:57A WD DAVIS SILVI
2 of 3 R 15.00 0 100.00 N 0.00 PITKIN COUNTY CO
r
EXHIBIT"A"
1. Taxes for the year 2000 not yet due or payable.
2. Terms,conditions,obligations and all matters as set forth in Statement of Exception from the Full Subdivision
Process recorded April 9,1974 in Bock 285 at Page 822.
3. Terms,conditions,provisions and obligations as set forth in Deed recorded April 17,1974 in Book 286 at Page 195.
4. Terms,conditions,obligations and all matters as set forth in Statement of Exception from the Full Subdivision
Process recorded February 23,1981 in Book 404 at Page 682.
5. Terms,conditions,provisions,obligations,easements,restrictions and assessments as set forth in the
Condominium Declaration for Eubank Condominiums recorded November 1,1988 in Book 577 at Page 262,deleting
therefrom any restrictions indicating preference,limitation or discrimination based on race,color,religion,sex,
handicap,familial status or national origin.
6. Terms,conditions,provisions and obligations as set forth in Amended Grant of Trail Easement recorded December
19, 1983 in Book 457 at Page 542.
7. Easements,rights of way and all matters as disclosed on Plats of subject property recorded February 23,1981 in
Plat Book 11 at Page 13 and recorded September 7,1988 in Plat Book 21 at page 25.
8. Any question,dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed
location by other than natural causes,or alteration through accretion,reliction,erosion or avulsion of the center
thread,bank,channel or flow of waters in the Roaring Fork River lying within subject land;and any question as to
the location of such center thread,bed,bank,bed or channel as a legal description monument or marker for the
purposes of describing or locating subject lands.
NOTE:There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County,
Colorado accurately locating past or present location(s)of the center thread,bank,bed,or channel of the above
River or indicating any alterations of the same as from time to time may have occured.
AND
Any rights,interest or easements in favor of the riparian owners,the State of Colorado,The United States of
America,or the general public,which exist,have existed,or are claimed to exist in and over the waters and present
and past bed and banks of the Roaring Fork River.
I III{I{111111iilli{I{1111111{II{II 11111111 illli III ill{
442772 94/28/2000 10:57A WD DAM SILVI
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