HomeMy WebLinkAboutLanduse Case.CO.308 W Hopkins Ave.0002.2015.ASLUr
0002.2015.ASLU 308 & 312 W. HOPKINS AVE
CONDO REVIEW
2735 124 520 17 & 18 f
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0002.2015.ASLU
PARCEL ID NUMBERS 2735 124 520 17 &18
PROJECTS ADDRESS 308 AND 312 W HOPKINS AVE
PLANNER JUSTIN BARKER
CASE DESCRIPTION CONDO
REPRESENTATIVE BART JOHNSON
DATE OF FINAL ACTION 1.30.15
DATE OF FINAL REFUND/ 1.30.15
PAYMENT
CLOSED BY ANGELA SCOREY ON: 3.4.15
273s' 1-2-4 S;?-(D 0 * I B 0
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Permits
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Permit type jAspen Land Use Permit #100022015.ASLU
Address 1306 AND 312 `A' HOPKINS AVE ApVsuite ;ASPEN
"Flo City ASPEN State —63 Zip 61611
y Permd lydormat on
master permit Routing queue aslul5 Applied Ot'082015
Z Project status pending Approved
o
N Description COIJDOfdI1JIIJIUhAIZATIONAPPLICATION THIS APPLICATION lti'A5 RECEIVED ON issued
THE LAST DAY OF DECEMBER 2014 THE FEES REFLECT THIS
Closed/Final
submitted BARTJOHNSON 970 W. 4602 clod Rn01/0I 32016
Ovmer
Last name H LAMBERTAND R C. BON First name ASPEIJ "A" CONDO 320 JULIA ST
NEW ORLEANS LA 70130
Phone i970j 5444602 Address
Applicant
] Owner is applicant? ] Contractor is applicant?
Last name H LAMBERTAND R.0 BO1J First name ASPEN "A" CONDO 320 JULIAST
tJEa"d ORLEANS LA 70130
Phone (970)544.4602 1 Cust r 299i Addrm
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13
THE C[rY aF ASPEN
Land Use Application
Determination of Completeness
Date: January 6, 2015
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for a condominiumization application 308/312W.
Hopkins Ave.) and reviewed it for completeness.
❑ Your Land Use Application is incomplete:
Please submit the following missing submission items so that we may begin reviewing your
application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing
the land use application.
our Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete.
Please submit the following to begin the land use review process.
1) Deposit of $915.00.
2) Digital copy of the application.
Other submission 'terns may be requested throughout the review process as deemed necessary by
the Community evelopment Department. Please contact me at 429-2759 if you have any
questions.
'rha You,
fifer he , Deputy Planning Director
City of n, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New PD
Yes No Subdivision, or PD (creating more than l additional lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F. Lodging
RETAIN FOP
'REPW-Ai+tfl,FEMT FI ES
CC. ZoIS. kt>"
Agreement to Pay Application Fees
An agreement between the Uity of Aspen ("tarty" I and
Property Aspen "A" Condominium Phone No.:g70-544-4602
Owner ("I"): H. Lambert and R.C. Bond Email:johnson@wcrlega1.corn
Address of 308 & 312 W. Hopkins Ave. Billing 320 Julia St.
Property: Aspen, CO 81611 Address: New Orleans, LA 70130
(subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$0 Elflat fee for Select Dept $ 0 a flat fee for Select Dept
$ 0 Elflat 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
�lthe deposit amount will be billed at $325 per hour.
$* -1S L deposit for 0 J. hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at $265 per hour.
City of Aspen:
Chris Bendon
Community Development Director
City Use:
Fees Due: $Iaoftp Received: $
Property Owner:
Name: 14�E,✓�/ '0W, /p/yi /g'ii i
Title: �.� R
•
THE CITY OF ASPEN
CITY OF ASPEN
Permit Receipt
RECEIPT NUMBER 00037690
Account Number:29964
Applicant: ASPEN "A" CONDO H. LAMBERT AND R.C. BONI
Type: check # 1068 AND 8908
Permit Number Fee Description
0002.2015.ASLU Planning Hourly Fees
0002.2015.ASLU Eng Referral Fee
• RETAN FOR
PER,A.WA �!j'R,��� 1170-.-s
w;
Date: 1 /8/2015
Total
Amount
650.00
250.00
$900.00
0
0
ATTACHMENT 2 —LAND USE APPLICATION OU O 2. 20 6-- ASLIB
PROJECT:
Name: prY� , ,,v� map I ` A t�
Location: Q Z W • tA p 1- , ^ r 14tve
Indicate street address, lot & block nuVnber, legal descri tion whe e appropriate)
Parcel ID # (REQUIRED) 1 3 S Z 0 / 7 Z? 36-I Z `i 5- L 01Y
APPLICANT:
Name: r t f A w //2, c - r% e4 i
41
Address: j "L U u. L A t Alew U rr r e a. s' e
Phone #: - S Z z - yv
REPRESENTATIVE:
Name: / ,,-
Address: qZu r S /e. Z %v /
Phone #: C;7D -- 5-5( 41 - 466 0
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.)
/ 1ue X
ZG013..,IRau
ROPOSSAL: (description of proposed buildings, uses, modifications, etc.) /
/Y /Yl L' n ( !/ C 7� ,� e C� l� i J AZZ33 1 .n 11A e" M e/41L T7�
ave you attached the following? FEES DUE: $ Di;
❑ Pre -Application Conference Summary
❑ Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model.
• 0
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Nadolny, 970.429.2739 DATE: 12.11.2014
PROJECT: 308 / 312 W. Hopkins
REPRESENTATIVE: J Bart Johnson
REQUEST: Condominiumization (Subdivision)
DESCRIPTION: The Applicant is interested in creating and filing a new condominium plat for the duplex at
308/312 W. Hopkins. This parcel contains units 1 and 2 of the Aspen A Subdivision, and is located in the R-6
zone district. These A -frame units have recently gone through a series of minor structural changes that have
been accomplished without adding floor area, which are documented through building permits. The Applicant
would like to memorialize these changes to the building footprints, as well as redefine the limited common
elements through the creation of a new condominium plat.
Condominiumization is an administrative review. The Applicant will need to meet the requirements found in
Section 26.480.050.A. For specific plat content information, please refer to the Engineering Design Standards
(pg 19) and the Condominium Plat Survey Checklist.
Below are links to the Land Use Application form, Land Use Code, and Engineering documents for your
convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2013%2Oland%20use%20
app%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-
Use-Code/
Engineering Design Standards (see pg 19):
http://www.aspenpitkin.com/Portals/0/docs/City/engineering/Engineering%2OStandards%20dec%202013%
20final.pdf
Condominium Plat Survey Checklist:
http://www.aspenpitkin.com/Portals/0/docs/Condominium%20PIat%20%2OSurvey%2OChecklist rev201301
15.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.050.A Condominiumization
26.710.040 Medium -Density Residential (R-6)
Review by: Staff for complete application
Engineering
Public Hearing: None
ASLU
Subdivisimi/Condominimnization
308/312 W. Hopkins
273512452017,273512452018
•
•
Planning Fees: Planning Deposit — Administrative Review, $650 for 2 hours
Referral Fees: Engineering, $250 for 1 hour of review time
Total Deposit: $900 (additional planning hours over deposit amount are billed at a rate of
$325/hour; additional engineering hours over deposit are billed at a rate of
$265/hour)
To apply, submit the following information:
dCompleted Land Use Application and signed fee agreement.
Cad Pre -application Conference Summary (this document).
E Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, 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.
e Applicant's name, address and telephone number in a letter signed by the applicant that states the
name, address and telephone number of the representative authorized to act on behalf of the
applicant.
d HOA Compliance form (Attached)
[2" A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application
and relevant land use approvals associated with the property.
Written responses to all review criteria.
I/ An 8 1 /2" by 11 " vicinity map locating the parcel within the City of Aspen.
1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to
be submitted:
❑ 2 Copies of the complete application packet and, if applicable, associated drawings.
❑ Total deposit for review of the application.
❑ A digital copy of the application provided in pdf file format.
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.
2
•
WAAS CAMPBELL RIVERA
JOHNSON &VELASQUEZ-;
December 31, 2014
VIA HAND DELIVERY
Sara Nadolny
City of Aspen Community Development Dept.
130 South Galena Street
Aspen, CO 81611
tECEIVED
r '91?014
('j1lA���UZY� J. Bart Johnson
970.544.4602
johnson@wcrlegal.com
Re: Application for Condominium Map Amendment for 308 and 312, W. Hopkins
Ave., Aspen, CO
Dear Sara:
I am delivering with this letter a Land Use Application and supporting materials for an
amended and restated condominium map for the existing two -unit condominium located at 308
and 312 W. Hopkins Avenue. The property is currently condominiumized and described as
Units 1 and 2, Aspen "A" Condominium, according to the Condominium Map appearing in the
records of the County Clerk and Recorder of Pitkin County, Colorado recorded April 29, 1970 in
Plat Book 4 at Page 106 and the First Amendment thereof recorded October 24, 1995 in Plat
Book 38 at Page 41 and as defined and described in that Condominium Declaration of Aspen
"A" Condominium recorded May 6, 1970 in Book 248 at Page 321.
The two units are owned by Henry M. Lambert and Richard Carey Bond. "Their address
is 320 Julia St., New Orleans, LA 70130.
The proposed amendment is to amend and restate the existing condominium map (and
amendment) for the units to redefine the boundary line between the units and to more accurately
show the as -built location of the two residences based on remodeling work that occurred this
year.
The proposed amended and restated condominium map complies with the requirements
of Section 26.480.050 of the Aspen Land Use Code. Specifically, please note as follows: (a) the
property is already condominiumized; (b) the amended condominium map is limited to allocating
ownership interests of a single parcel and will not effect a division of the parcel into multiple
lots, an aggregation of the parcel with other lands, a change in use of the property, and does not
operate as an abatement of other applicable regulations affecting the property; and (c) the
proposed amended and restated condominium map complies with the style and formatting
1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 m 720-351-4700 F 720-351-4745
420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 m 970-544-7006 F 866-492-0361 WCRLEGAL.COM
Hillary Seminick
December 31, 2014
Page 2
requirements of the Land Use Code and is consistent with the Engineering Department's
standards.
Thank you for your assistance with this matter.
Sincerely,
J. Bart Johnson
for
WAAS CAMPBELL RIVERA
JOHNSON & VELASQUEZ LLP
Enclosures
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3rd Floor
ASPEN, COLORADO 81611
970-925-1766 1970-925-6527 FAX
June 19, 2013
Henry M. Lambert and Richard Carey Bond
c/o Bart Johnson
Hand delivered
RE: PCT23707W6 -- UNIT 2, ASPEN "A" CONDOMINIUMS
Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to
the above mentioned file:
Endorsement Form: 110.1
Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality
product which will serve your needs.
In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please
contact us and we will gladly handle any request you may have as efficiently and quickly as possible.
We have assigned the above number to your records to assure prompt processing of future title orders involving the
property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure
re -issue rates which may be available to you.
Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you.
Sincerely,
Kim Shultz
Enclosures: Original Policy
RECORDING REQUESTED BY AND RECEPTION#: 600046, 06/04/2013 at
WHEN RECORDED MAIL TO: 10:30:39 AM,
1 OF 3, R $21.00 DF $110.00 Doc Code
Waas Campbell Rivera Johnson & Velasquez LLP WD
Attn: J. Bart Johnson. Esq. Janice K. Vos Caudill, Pitkin County, CO
420 E. Main St.. Ste. 210
Aspen, CO 81611
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY 1FED is dated a� of June 3, 2013, between RENE
TORNARE ("Grantor"), whose address is _ O31�>--x ,}\S�Su` e.o SILcfa,and HENRY
M. LAMBERT, an individual, and RICHARD CAREY BOND, an individual, as joint tenants
with right of survivorship (collectively, "Grantees"), whose address is 320 Julia Street, New
Orleans, LA 70130.
WITNESSETH, that Grantor, for and in consideration of the stun of Ten Dollars (S 10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
h bargain, sell, convey and confirm unto Grantees, their heirs, successors and assigns forever, all
of the following described real property in the County of Pitkin, State of Colorado, together with
all rights, privileges and easements appurtenant thereto and all improvements located thereon
(collectively, the "Prooertv" ):
(� UNIT 2, ASPEN "A" CONDOMINIUM, according to the Condominium Map appearing
in the records of the County Clerk and Recorder of Pitkin County, Colorado recorded
April 29, 1970 in Plat Book 4 at Page 106 and the First Amendment thereof recorded
October 24, 1995 in Plat Book 38 at Page 41 and as defined and described in that
Condominium Declaration of Aspcn "A" Condominium recorded May 6, 1970 in Book
248 at Page 321,
COUNTY OF PITKIN, STATE OF COLORADO,
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever, of Grantor, either in law or equity, of, in and to the Property, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the Property unto Grantees, their heirs, successors and
assigns forever.
AND Grantor, for himself, and his successors and assigns, covenants and agrees that he
shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable
possession of Grantees, their heirs, successors and assigns against all and every person or
persons who lawfully claims the Property or any part thereof, subject to the matters set forth on
Exhilzit A attached hereto and made a part hereof.
DVAETT PAI10 i-iW'i-T PAID
)AT4 FfEP tao-�/s/ 3 / j�rl r 3 Phi l,,o.
LAP025295 l2 ��
WESTCOR
LAND TITLE INSURANCE COMPANY
ALTA OWNER'S POLICY (6-17-06)
ISSUED BY
WESTCOR LAND
TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
POLICY NO.
OP-6-CO1045-3137340
Any notice of claim and any other notice or statement in writing required to be given to 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, WESTCOR LAND 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.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A,
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
C01045 ` PCT23707W 1
Pitkin County Title Inc. ou rv, By: Q O�
601 E. Hopkins #3 a resident
Aspen, CO 81611 t, i . 7 i
I Secretary
OP-6 ALTA 6.17.06 Owner's Policy (wLTIC Edition 2-25-08)
Cm
C`
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;
(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 in 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.
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
(incldding 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 improve-
ment 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 cover-
age 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 mat-
ters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Re-
cords 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 AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 1 I
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(B) successors to an Insured by dissolution, merger, con-
solidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying
the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly -
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not construc-
tive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improve-
ments that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways,
or waterways, but this does not modify or limit the extent that a
right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu-
rity instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court
for the district where the Land is located.
0) "Title": The estate or interest described in Schedule A
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason ofwar-
ranties in any transfer or conveyance of the Title. This policy shall
not continue in force in favor of any purchaser from the Insured
of either (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these Condi-
tions, (ii) in case Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by
the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall
be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at
its own cost and without unreasonable delay, shall provide for
the defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall not be
liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
CONDITIONS AND STIPULATIONS - CONTINUED
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropri-
ate action under the terms of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not
be an admission of liability or waiver of any provision of this
policy. If the Company exercises its rights under this subsec-
tion, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole dis-
cretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or pro-
ceeding, including the right to use, at its option, the name of the
Insured for this purpose. Whenever requested by the Company,
the Insured, at the Company's expense, shall give the Company
all reasonable aid (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act that in the opinion
of the Company may be necessary or desirable to establish
the Title or any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured under
the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representa-
tive of the Company and to produce for examination, inspection,
and copying, at such reasonable times and places as may be
designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or dam-
age. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of
the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses in-
curred by the Insured Claimant that were authorized by the Com-
pany up to the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall termi-
nate, including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or Otherwise Settle With Parties OtherThan the Insured
or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay;
or
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together with
any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including
any liability or obligation to defend, prosecute, or continue any
litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
0) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the Com-
pany will also pay those costs, attorneys' fees, and expenses
incurred in accordance with Sections 5 and 7 of these Condi-
tions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of ac-
cess to or from the Land, or cures the claim of Unmarketable
•
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including litigation by the Com-
pany or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final deter-
mination by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in set-
tling any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs,
attomeys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under
this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or properly, to the extent of the amount
of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the Com-
pany of these rights and remedies. The Insured Claimant shall
permit the Company to sue, compromise, or settle in the name
of the Insured Claimant and to use the name of the Insured
Claimant in any transaction or litigation involving these rights
and remedies.
If a payment on account of a claim does not fully cover the loss
of the Insured Claimant, the Company shall defer the exercise
of its right to recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained
in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Associa-
tion ("Rules"). Except as provided in the Rules, there shall be
no joinder or consolidation with claims or controversies of other
persons. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Insured
arising out of or relating to this policy, any service in connection
with its issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to
this policy. All arbitrable matters when the Amount of Insurance
is S2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount
of Insurance is in excess of S2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon
the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY, POLICY
ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted
to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provi-
sions. Except as the endorsement expressly states, it does not
(i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance
of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and to
interpret and enforce the terns of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles
to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be
given to the Company at: Westcor Land Title Insurance Company,
Atin.: Claims, 201 N. New York Ave., Ste. 200, Winter Park,
Florida 32789.
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Owner's Policy of Title Insurance - Schedule A
Issued by
Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue,
Suite 200, Winter Park, Florida, 32789
State: CO
County: PITKIN
Address Reference: 308 W HOPKINS AVE, ASPEN, CO 81611
File No.: PCT23707W6
Policy No.: OP-6-CO1045-1317340
Amount of Insurance: $1,100,000.00 Premium: $ 2,370.00
Date of Policy: June 4, 2013 @ 10:31 AM
Simultaneous #: LP-1 3-CO1 045-3137341
1. Name of Insured: HENRY M. LAMBERT AND RICHARD CAREY BOND
2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE
3. Title is vested in: HENRY M. LAMBERT AND RICHARD CAREY BOND
4. The Land referred to in this policy is described as follows:
UNIT 2,
ASPEN "A" CONDOMINIUM, according to the Condominium Map appearing in the records of the County Clerk and
Recorder of Pitkin County, Colorado recorded April 29, 1970 in Plat Book 4 at Page 106 and the First Amendment thereof
recorded October 24, 1995 in Plat Book 38 at Page 41 and as defined and described in that Condominium Declaration of
Aspen "A" Condominium recorded May 6, 1970 in Book 248 at Page 321.
Issued By
Authorized Signatory
•" '11 . •
SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT23707W6 June 4, 2013 @ 10:31 AM OP-6-CO1045-1317340
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
SPECIAL EXCEPTIONS:
8. Taxes and assessments (not including condominium or homeowners association assessments or dues)
for the year 2013 and subsequent years only, a lien not yet due and payable.
9. Reservations and exceptions asset forth in the Deed from the City of Aspen recorded in Book 59 at Page
51 providing as follows: 'That no title shall be hereby acquired to any mine of gold, silver, cinnabar or
copper or to any valid mining claim or possession held under existing laws".
10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for Aspen "A" Condominium recorded May 6, 1970 in Book 248 at Page 321,
deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin.
11. Easements, rights of way and all matters as disclosed on Plats of subject property recorded April 29, 1970
in Plat Book 4 at Page 106 and Plat Book 38 at Page 41 recorded October 24, 1995.
12. Terms, conditions, provisions and obligations as set forth in License Agreement recorded October 3, 1996
as Reception No. 397736
13. Deed of Trust from : HENRY M. LAMBERT and RICHARD CAREY BOND
To the Public Trustee of the County of PITKIN
For the use of : JPMORGAN CHASE BANK, N.A.
Original Amount : $715,000.00
Dated : June 3, 2013
Recorded : June 4, 2013
Reception No. : 600047
EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d)
UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS).
State: CO County: PITKIN A ent Number: C01045 Order Number:PCT23707W6
CLTA FORM 110.1
DELETION OF ITEM FROM POLICY
Attached to and forming a part of
Policy No. LP-13-CO1045-3137341
Issued by
WESTCOR LAND TITLE INSURANCE COMPANY
The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B except for subsection (d) under
paragraph number 5 (Water Rights).
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Dated June 4, 201
Issued By:
Homeowner Association Compliance Policy
All applications for a building permit within the City of Aspen are required to include a certification of
compliance with applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner. The following certification
shall accompany the application for a permit.
Subject Property: S Qc rA A L cir S o m 1 A iU�Y►�
�fFsD�'w
I, the property owner, certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
This property is subject to a homeowners association or private covenant and the improvements
proposed in this building permit do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this building permit have been approved by the homeowners association or
covenant beneficiary. Evidence of approval is attached.
I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or
effect of private covenants or homeowner association rules or bylaws. I understand that this document
is a public document.
Owner signature: Adate:
Owner printed name: j2
or,
Attorney signature:
Attorney printed name:
date:
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
To Whom it May Concern,
This letter confirms that Bart Johnson of the firm Waas Campbell Rivera Johnson & Velasquez LLP is an
authorized representative of Henry M. Lambert and Richard Carey Bond for the purpose of processing
an amendment to the condominium map and condominium declaration for the Aspen "A"
Condominium units located at 308 and 321 W. Hopkins Avenue, Aspen, Colorado.
Thank you for your assistance with this matter.
Sincerely,
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SURVEYOR'S CEr?-;9CATE
I E. a Bearer, Jr:, a Reg.stered Ord S.:rveyo.. rereb} certify
that :ns ^Ict •represents f:ed candrtior,.s �s loird by re =e^em Sar
2na ^r;_ 3rd, .959. I further r-erU` that •r s .c•. -
ly
dep,cts the 1 - ts, p1 �cperzr-
r ors aC Ot improvements, ',re cerdo:-s:r:wr cpcnr-er.t
oral aesgr.clbrs and tre 4renslons of su r ur s.
Edg r -reeericx Per^er, Jr Ota. Rey. L.S. 9478
Stat> )' Co:orar^ ; s5
COurty 0i',K-r
re 'n^°yn,.',� f:ertlfl_atc 'Was CCKrow;edged before rre tn15 ,2
ofDec 9G'3, try E. ' Be: ^ _ y ^. ef, .r, ." ir�gi5!erea l..nd �JrV ey'a.
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•,'y cen r:-ss or. exp:%s"WAy1.f, :W1.
e
OANER'S CER ;EICATE
State of .-- ,, -
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County of `�. _ ;
Know a" men 5y these presents:
That Acne A. HandwerK arc \�crr:^-
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Lots 0 b,ocK 45. C,ty of
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heraoy pucnsh tris plat cs cr.c. - -
- Asper. 'A
an. do haret•y :4er1lcat= tc - - ..
_�„ of ..e
shown hereor,
Ire. .e 5 wt,erE ' L, c _ _
_
_ _ _
t i 1��^cp
re •cr-gc:rr owr-r's Cert'+cate .vas acev,c ledrgr_'_' bEfer^ me
'his : Y,c, cay •-.;.. '9'T." O} .tiayre ., Handwerx >rd \orrr,
.40ifri&ter,
WAness Pry nev;r arc offie,ai Leo: this�TAC.19„�
fry corrm:Isslon expires.;r, snaw, Jd:
- 1 State '; Co.cf
_ 55
C:^ur_} iKlr
I THIS plat was filed for record it the off.ce of tte Cvurty Cie- F
and Recorder of Fitkm Ccuety at j:-.a.j0„ t`e-
��
Recarded X. Fiat Booie__4_ Page4f,&_ Receot.rn. r:c. z r;_a ri
1 st Floor 1"". " r.. _
0
UNITS 182
2nd floor
T-
UNITS 1 & 2
3rd floor (loft)
TRANSVERSE SECTION 3—W=- 1'-0"
E
0
•
Legend and Notes:
— o indicates found monument as described
— O indicates set #5 rebor with red plastic cap L.S. #33638
— Bearings are based upon a No. 5 Rebor with a yellow plastic cap L.S. #16129 found at the
southwesterly comer of Lot M, Block 45 and at the southeasterly comer of Lot 0, Block 45
using a bearing of S75109'11 E between the two described monuments
— This survey does not represent a title search by
this surveyor to determine ownership or to discover
easements or other encumbrances of record. All
information pertaining to ownership, easements or
other encumbrances of record has been taken from a
title insurance commitment issued by Pitkin County
Title, Inc., dated April 23, 2012 as Case Number PCT2347OW.
— The unit of measurement used in this survey was the U.S. Survey Foot.
— Elevations are based upon NA VD 88.
— This property is located within Flood Plain Zone X (ores determined to be outside 500 year flood plain)
per FEMA FIRM Panel No. 08097CO203C, effective date June 04, 1987
Lender's Consent
JP Morgan Chase Bank, NA, being the beneficiar) of that certain Deed of Trust recorded in the
real property records of Pitkin County, Colorado, on June 4, 2013 at Reception No. 600047,
hereby eoiwi* to the making and recording of this Amended and Restated Condominium Mop
of Aspen A" Condominium and agrees that no foreclosure or other enforcement action pursuant
to such Deed of Trust shall result in the termination or cancellation of this Amended and
Restated Condominium Map.
✓PMorgan Chase Bank, NA
By.
Name: LO t N
7it/e:
State of Louisiana )
Parish of Orleans )
The foregoing Lender's Consent was acknowledged before me this _ day of
2015 by as _
✓PMorgan Chase Bank, NA.
My Commission expires.
Witness my hand and seal.
Notary Public
Surveyors Certificate
1, ✓EFFREY ALLEN TUTTLE, do hereby certify that / am a Professional Land Surveyor licensed
under the laws of the State of Colorado, that this Amended and Restated Condominium Map of
Aspen 'A" Condominium fully and accurately depicts the condominium units, and identifies
location, layout, dimension and boundaries; that such map was prepared subsequent to
substantial completion of the improvements,• and that such map complies with and contains al/
of the information required by C.R.SJ8-33.J-209 and o0 other statutes and regulations
applicable to maps of condominium common interest communities, and that such map was
prepared from an actual monumented land survey of the property comer monuments, both
found and set, under my direct supervision and checking that it is correct to the best of my
knowledge and belief and that a// dimensions, both linear and angular were determined by an
accurate control survey in the field which balanced and closed within a limit of 1 in 15,000.
This survey does not represent a title search by Tuttle Surveying Services, L.L.C. to determine
ownership or easements of record. A// information shown hereon regarding ownership, easements,
and other encumbrances of record has been taken from the ALTA Owner's Policies dated June 4,
2013 and issued by Pitkin County Fit/e Inc. for Westcor Land Title Insurance Company under File
Nos. PCT23707w6 and PCT23708W4.
/n witness thereof, l have set my hand and seal
this day of , A.D. 2014.
Jeffrey Allen Tuttle, L.S.33638
VICINITY A9P
Natzae.
According to Colorado law, you must commence
any legal ¢coon based upon any defect a"n
this survey arithin three years after you
first discover such defect In ne event may
any legal action based upon any defect w
than survey be commenced more than ten years
from the date of the cerAf—hon shown
TIlTTl�' SURY�'YI1YC SS'RYICffS
727 Blake Avenue
Glenwood Springs, Colorado 81601
(970) 928-9708 (FAX 947-9007)
jeffotss—us. com
of
Rec. No. 397736
Lot 0
5' Bldg.
Setback
,MMN ffP 4V-P RZST14TZ7jO C0 OJIIN117Jf J 4P OF
-,4sP ern f�f4 " Condomizzium
d08 and Y12 Nest Hopkins Avenue, Lots P and Q, Block 45 also as shown on
the Condominium Plat of 4spen `14 " Condominium Recorded on April ,9N, 1,970 in
Plat Book �/ at Page 106' as Reception No. 1-�(033N and the First ,4mendment thereof recorded
October ,21, 1995 in Plat Book 38 at Page -/1 as Reception No. 386671 City of -4spen, Countiy
of Pitkin, ,S"ta to of Colorado
The purpose of this map is to 14mend, restate
Maps of�4spen `�4 " Condominium.
Found No. 5 Rebarwith Yellow Plastic Cop7--.Condominium
gible)
C
?O•sj E Of
10' Bldg. `39 33
l v Setback
/ d
;l Lois �Pc Q
�l 6000 s ft 1� acres/—�
5.30' !
l J. 00 /
! N6720597W l
a ! Unit SM h o° IIn2t 912
c /
3, O» Sg Ft m Z 983 Sy Ft o0
/ 0.069 �.Ac. O.06B .4c. /
/ 3 !
% M /
r N /
l 10' Bldg.
Setback
c
10'Bldg.
¢ ..00 Setback I o �
N�g09 i7 U
Found No. 5 Rebar
with Yellow Plastic Cap
L.S. #16129, Elev. 7898.34
S>2y3, -F
C'ify G,onBO, ig2,
of GPS 6
City Con trot GPS 3
and supersede the prior
Know all men by these presents that the undersigned, being sole owners, of all that real property
situated in the City of Aspen, Pitkin County, Colorado, more particularly described as follows:
UNITS 1 AND 2,
ASPEN A" CONDOMINIUM, according to the Condominium Map appearing in the records of the County
Clark and Recorder of Pitkin County, Colorado recorded April 29, 1970 in Plot Book 4 at Page 106 and the
First Amendment thereof recorded October 24, 1995 in Plat Book 38 at Page 41 and as defined and
described in that Condominium Declaration of Aspen A' Condominium recorded May 6, 1970 in Book 246
at Page 321 and Arbitration Covenant Agreement recorded March 23, 1995 in Book 776 at Page 950, deleting
therefrom any restrictions indicating prei'erence, limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin.
Certificate of Ownership and Submission to Condominium Ownership
Said owners have caused the said real property to be laid out, re—condominiumized
and re —surveyed as Units 3O& and 312, Aspen A" Condominium, according to this
Amended and Restated Con7'omhnium Map of Aspen "A" Condominium as shown and
noted hereon and as descrbed in the "Declaration" as defined below, a part of
Pitkin County, Colorado.
We hereby submit the said real property, together with all improvements,
appurtenances and facilities existing now or hereafter thereon, to condominium
ownership under the Colorado
Common Interest Ownership Act, C.R.S. 38-33.3—f01 et seq. as the some may be
amended from time to time,.; and hereby impose upon all of the real property the
terms, conditions, covenants restrictions, easements, reservations, uses, limitations,
and obligations described in the Amended and Restated Condominium Declaration
for Aspen A" Condominium recorded in the real
property records of Pitkin County, Colorado on � 2015 at
Reception No.
(the "Declaration), together with any other
amendments or supplements thereto, which Declaration shall be deemed to run with
the real property and shall be a burden and a benefit to said owners, their
successors, assigns, and any person acquiring or owning an interest in such real
property, their grantees, successors heirs, personal representatives, executors,
administors, devisees or assigns.
Executed this _____— day of 2015.
By. ------ — -----------
Henry M. Lambert
BY---------
Richard Carey Bond
State of — —)
County/Parish of
The foregoing certificate war acknowledged before me this _ day of
— 201:
by Henry M. Lambert and Rchord Carey Bond.
GRAPHIC SCALE My Commission expires.
Witness my hand and seal.
10 0 0 10 20 +0
Notary Public
iInch =10 ra
City Engineer's Review
This Map was reviewed for he depiction of the Engineering Department Survey
Requirements
this — day of 2015.
BY--------------
City Engineer
,off VPF- P 4zV-P RFST14T-'1� CONIPOf12VZrjLI ff,4P OF
plc/�`�/en e� " condominiu;�
i
This Amended and Restated Gondominium Map has been reviewed and approved for
compliance with the applicable provisions of the City of Aspen Land Use Code by the
City of Aspen Community Development Director this __day
of 2015 To the extent that anything in this Plat is
inconsistent or in conflict with any City of Aspen Development Orders relating to
these Condominiums or any other provisions of applicable law, including but not
limited to other applicable lard use regulations and building codes, such other
Development Orders or applicable haws shall control.
By.
Community Development Director
Tit/e Certificate
1, the undersigned, a duly —authorized representative
of Pitkin County Fit/e, Inc. do hereby certify that / have
euamined the title to all lees %erein dedicoled and si own on )iris p)a) and
that title to such lands is in the dedicator free and clear of oll liens, taxes,
and encumbrances, except as shown hereon.
Doted this day of A.D. 2015.
Tit/e Examiner
Clerk and Recorder's
This Map is accepted for fling /n the Office of the Clerk and Recorder of Pitkin County,
Colorado, this day o` 2015, Plot Book on Page
and Reception no.
BY Clerk and Recorder
Ifni is 308 9- 312
308 and 31,9 Xest Hopkins
,4spen, Colorado 81611
Drawn by.- IT
Date. 1212JI2014 000* OF