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Landuse Case.CO.308 W Hopkins Ave.0002.2015.ASLU
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 1� 2 0002 .2ots - -As1-W File fciE#�F,eeard Ziviga e Ft�rm Re'ports l Erma# Tab Help F 3 �. ��' - ,, i x� % WIN Jump 1 l E ; r �k main Custom Fields Routing Status Fee Summary ;�ttions�RouUng9Hiskory � � � _W E'Reny �j�� Aspen Land Use 'errn11,0002.201a ASLO � { ` ` reF6 MID 312 W HOPKINS AVE S ;ASPEN i ASPENS E State'CO Ztp 01611 ' is Permit Uifarmation y D t�azzwn ZM sterperm�t f Roubngqueue aslu15 Applied�01;0801� �I. > = Status pe ding Approved Z g \ n [ D st ptlon CONDOIANlfdlUMIZATION APPLICATION-THIS APPLICATION>'M RECEIVED ON � issued A Ps THE LAST DAY OF DECEMBER 2014 THE FEES REFLECT THIS /Fnr a1V Su>miffed BART JOHNSON 970 4602 Clark Running Days , fxprres 010 s 201t x ." .. -E - Last name H.LAf�6ERTAND R.C.60N First name ASPEN W CONDO 320 JULIA ST �� - TH QF NEW ORLEANS LA 70130 m ' Phone +970}5444602 " .....Ado h t ^semi .s`c �v r YPPlicant & _ Owner is app hcant? ConiracloY is a licant� °1 PP : .Last name H.LAf�1BERTAND R.C.BOW First flame ASPEN' CONDO 320 JULIA ST f JEW ORLEANS LA 70130 ` Phone,i[9701-44. 602 Cust t 2996 'kddrass. _.. Lender �.,... __ __ _ . _. Last name I First name Phone 3, ) Address al- AspenGoldS{server angelas 1 ofl c,lG 5 6q ( D ci— goo S — re- CO GIL fb -amsu.• !�� •CO V 3-76`70 9^1 ¢s 'g AAfE1VO,eO A1VO RFSF,4FZl COVOOAffM&V APAP OF e Aspen `f1 " Condominium Fz .�eeN 3D8 and 312 Kest Hopkins.avenue, Lots P and Q, Block 45 also as shown on - rtee reef®eYp� the Condominium Plat.of Aspen 'A" Condominium Recorded on April z9, 1s949 in .✓�J r.er✓a,.e plrrk.w rs RTs•Ta Plat Boob 4 at Page 106 as Reception No. 140999 and the Fisst Amendment thereof recorded .oeM My mnr W[ef K Bak b eq A rM swaw.My mnr er[ef Q Ba'k.30°' October 24, 1995 in Plat Book 3B at Page 41 as Recephbn No. SB669Y City Of Aspen, County g of Pitkin, State of Colorado s x ab rXwp ro dsermM e.nrany o b ebm... oar.Nr.rwme..o/,.fort As inbmefkn rrfeinig ro u.r+-rr{r..mnrrtr w ear enmMrvrzv r eo.bra rdtrr evn o e r kbw ey rake comfy The purpose of Mi:? map is to 4mene4 restate and supersede the prior _ neh ne, e A-zi-2 o.cm..r..wr rcrz>rrox: Condominium !laps of Aspen ':l"Condominium 8= - FneGH..vC�.O-90+x.110 Gfl W4 n�a�b wrw�...F..W��=� �'✓Aew rW 6ap ub.q�. - T/.Yae'rY 6 FrafM..an rloae rA,n,am X(ti pfre�Ir.e b A wfA".SW P ROoe pbn) �r^ y�. w A��e�n w� o • pr fFNA f)Rn MV Ne Ca0BYCO20.K MefM.bro AAr.M. gar. 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'n'�,•"b'r•,�e.e6 �•ei` � Unit 908 A 8 8 u rorJ eM be.M by"�CermY aor nc b rblcr<eM>!tl.nvmo Ce^raY Na'M 2,989 Sq..Y S. Nm rLRJAr.d me r[T1JTbR'A GM'A ec ��Xn�IwN b a.MPkrla+e/rM GT./nV(herawrl 9My ab ¢. A.O.I(0S ( -'f• �Y ..blRe T� S L{JI / � �� a ob.,r..-: ✓tea.oi�,�-�� ur.�Ns cr a. Y/C!N/TY AW 1'-500' �� I n�r"�rr n.�kr r W Aor r nr,.rr awa.'rrwnro ro breve a ear rk.w r. w"m"b..bmre s.r.w mak^•ere h+bno.ee. �Fl � L �� b 19y •via'>r-y i ta.m.mb n..kwrr�reb.ow ''4�r'/�,1r L _C J ) '�`� C �� hvM No J R.Or l � �� .Vy waarQN rM..+retlr.r RYIIr CvnW fah krc.MikA b GRAPHIC SCALE f �' ..fl fl s nsnz e.+Teasa. ..vsr..e ee err.en�� u�mrww ea a ro r a. �,� ._`F ` � eae�v w.a.rave../a.ow+ere Rwr.er a rmsr lamty cores. -•�Y f '� t- ( ��J rT y� �r'J>,rE r r.re..roea �,aee nor cr.ry rx.ti< er ^' S/T6 �e rhtre /N er,r.bl.,q� Ao zors Rw k,eryrr D7 c✓}TLh4K 1 t e ^ ® a& Z. MD r eM k. a Q'Ik.e/a. eM a RYkh Can yr' V: c y eut e•ro•.e u cro caawh aaw�JS�a°iia�-,mrs vbr 1[Li. br�� _ rxy ca,ea rn J erwk w t TUITLA'S!/RVB37NC SBRi7CNS AAfL/'NIJL/Y> ANII RL�'STATLrYJ CONIJOAfINIUAf APAP O Units 3498 3>2 722 Blake Aumue T:—F ll 1 a_we Spmgs Cdaoeo er5or 3498 and 312 Aest Hop*tns :1112 12111 9)0)928-9208 (FAX 9eT-9490)) Aspen `f4 " Condominium1 knaro,-,r Aspen Colorado 8161! of THE CITY OF 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 condominium ization application (308/312W. Ho-pkins 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: Ifthere 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 items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. nnifer he n, Deputy Planning Director City of n, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes N� Subdivision,or PD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging jam' RETAIN FOR PERMANENT s COMMUNITY DEVELOPMENT DEPARTM ENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property Aspen "A" Condominium Phone No.:970-544-4602 Owner(""'): H. Lambert and R.C. Bond Email:johnson@wcriegal.com 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) understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the.payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 ' flat fee for Select Dept $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 El 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. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. $111� 9.S(� deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Chris Bendon // / Community Development Director Name: / A/✓Vy 14y, /'Pqi/9,FR% Title: City Use: Fees Due: $ Received: $ • RETAIN FOR CITY OF ASPEN q E; 1" FILES qw Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00037690 Account Number:29964 Date: 1/8/2015 Applicant: ASPEN "A" CONDO H. LAMBERTAND R.C. BON[ Type: check # 1068 AND 8908 Permit Number Fee Description Amount 0002.2015.ASLU Planning Hourly Fees 650.00 0002.2015.ASLU Eng Referral Fee 250.00 Total: $900.00 ATTACHMENT 2—LAND USE APPLICATION OU O 2'2C)15- ' ASLA PROJECT: Name: A e A Location: 3 0 Z � �A 0 \,/e 0 (Indicate street address,lot&block nuVnber,legal description whe e appropriate) Parcel ID#(REQUIRED) 13 y SZvf7 and2�3SIZ�SZDlB APPLICANT: Name: r f A U L1_ r Address: 3`L U "1; Mew O r lew.�.s LA 70/3 -0 Phone#: 0 —S Z 2 — 2-0 Z- REPRESENTATIVE: Name: v Address: q2-V S /4G. 2- /cam Phone#: y' qjc O 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.) /wo e X s fi, �7 n['l/)yb,f w i va�_�'' f� /P/1 c CSS /-e✓Yr�7< �� O Al 2 D LA d1903r, 2-0/3..z42 ULt PROPOSAL: (description of proposed buildings,uses,,>modifications,etc.) 1 lYl e n d lam' c t,r L' C�J��.1 ��,n c� Gt9r, A263 'r4 1 a'-0 M.x40- A I-er le Lt Have you attached the following? FEES DUE: $ ,190 ❑ 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. 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%20Fees/2013%2016nd%20use%20 app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoninq/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 Subdivision/Condominiundzation 308/312 W.Hopkins 273512452017,273512452018 1 • • 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: Completed Land Use Application and signed fee agreement. E/ Pre-application Conference Summary (this document). U 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. 2 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. M/ HOA Compliance form (Attached) Mr/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 wand relevant land use approvals associated with the property. 2 Written responses to all review criteria. 10/An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 1.2 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 &VELASQUEZ9 P ? 1 20114 C; 1 Y 01 ASPEN C:01MN.> � D'_VF_J,QBart'rJohnson 970.544.4602 johnson@wcrlegal.com December 31, 2014 VIA HAND DELIVERY Sara Nadolny City of Aspen Community Development Dept. 130 South Galena Street Aspen, CO 81611 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 1 m 720-351-4700 1 ,720-351-4745 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 m 970-544-7006 F 866-492-0361 1 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 RTVERA JOHNSON&VELASQUEZ LLP Enclosures PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 1 970-925-6527 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 t 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 I)ED is dated of June 3, 2013, between RENE TORNARE ("Grantor"), whose address is _ •CS � �gr� [�,c gl let aand 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 sum of Ten Dollars($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"Property"): 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 32 1, 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 Exhibit A attached hereto and made a part hereof. ` 4�71 me7T PAI�J l4iWi"T PAID i31�/1L+Mo-�S/3/ ��j3P�.`"°.(AUU25293 2! �s�3 I WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-6-CO1045-3137340 ALTA OWNER'S POLICY(6.17.06) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE 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 t Pitkin County Title Inc. GFW/ R�k� By: � Q ��,A 601 E.Hopkins#3 womm resident Aspen,CO 81611 Attest: scutt� Secretary OP-6 ALTA 6.17.06 Owner's Policy (WLTIC Edition 2.25-08) I' 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 (b) not Known to the Company,not recorded in the Public Re- of this policy,and the Company will not pay loss or damage,costs, cords at Date of Policy,but Known to the Insured Claimant attorneys'fees,or expenses that arise by reason of and not disclosed in writing to the Company by the Insured 1. (a) Any law,ordinance,permit,or governmental regulation Claimant prior to the date the Insured Claimant became an (incldding those relating to building and zoning) restricting, Insured under this policy; regulating,prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy,use,or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy(however, (ii) the character,dimensions,or location of any improve- this does not modify or limit the coverage provided under ment erected on the Land; Covered Risk 9 and 10);or ut the subdivision of land;or (e) resulting in loss or damage that would not have been ( ) sustained if the insured Claimant had paid value for the (iv)environmental protection;or the effect of any violation Title. of these laws,ordinances,or governmental regulations. 4. Any claim,by reason of the operation of federal bankruptcy,state This Exclusion 1(a)does not modify or limit the cover- insolvency,or similar creditors'rights laws,that the transaction age provided under Covered Risk 5. vesting the Title as shown in Schedule A,is (b) Any governmental police power. This Exclusion I(b)does (a)a fraudulent conveyance or fraudulent transfer;or not modify or limit the coverage provided under Covered Risk 6. (b)a preferential transfer for any reason not stated in Covered 2. Rights of eminent domain. This Exclusion does not modify or Risk 9 of this policy. limit the coverage provided under Covered Risk 7 or S. 5. Any lien on the Title for real estate taxes or assessments imposed 3. Defects, liens, encumbrances, adverse claims, or other mat- by governmental authority and created or attaching between ters Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as (a) created, suffered, assumed, or agreed to by the Insured shown in Schedule A. Claimant; I CONDITIONS AND STIPULATIONS 1.DEFINITION OF TERMS without Knowledge. With respect to Covered Risk 5(d),"Public The following terms when used in this policy mean: Records"shall also include environmental protection liens filed in the records of the clerk of the United States District Court (a)"Amount of Insurance": The amount stated in Schedule A,as for the district where the Land is located. may be increased or decreased by endorsement to this policy, ,Title": The estate or interest described in Schedule A. U) increased by Section 8(b),or decreased by Sections 10 and I 1 ` of these Conditions. (k)"Unmarketable Title":Title affected by an alleged or apparent (b)"Date of Policy": The date designated as"Date of Policy"in matter that would permit a prospective purchaser or lessee of Schedule A. the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition (c)"Entity": A corporation, partnership, trust, limited liability requiring the delivery of marketable title. company,or other similar legal entity. 2.CONTINUATION OF INSURANCE (d)"Insured": The Insured named in Schedule A. (i) The term"Insured"also includes 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 (A)successors to the Title of the Insured by operation of an estate or interest in the Land,orholds an obligation secured by a law as distinguished from purchase, including heirs, purchase money Mortgage given by a purchaser from the Insured, devisees,survivors,personal representatives,or next or only so long as the Insured shall have liability by reason of war- of kin; ranties in any transfer or conveyance of the Title. This policy shall (B)successors to an Insured by dissolution,merger,con- not continue in forcein favor of any purchaser from the Insured solidation,distribution,or reorganization; of either(i)an estate or interest in the Land,or(ii)an obligation (C)successors to an Insured by its conversion to another secured by a purchase money Mortgage given to the Insured. kind of Entity; 3.NOTICE OF CLAIM TO BE GIVEN BY INSURED (D)a grantee of an Insured under a deed delivered without CLAIMANT payment of actual valuable consideration conveying The Insured shall notify the Company promptly in writing(i) in the Title case of any litigation as set forth in Section 5(a)of these Condi- (1) if the stock,shares,memberships,or other equity tions,(ii)in case Knowledge shall come to an Insured hereunder of interests of the grantee are wholly-owned by the any claim of title or interest that is adverse to the Title,as insured, named Insured, and that might cause loss or damage for which the Company may (2) if the grantee wholly owns the named Insured, 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 (3) if the grantee is wholly-owned by an affiliated the failure of the Insured Claimant to provide prompt notice, the Entity of the named Insured,provided the affiliated Company's liability to the Insured Claimant under the policy shall Entity and the named Insured are both wholly- be reduced to the extent of the prejudice. owned by the same person or Entity,or 4.PROOF OF LOSS (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the In the event the Company is unable to determine the amount of loss Insured named in Schedule A for estate planning or damage,the Company may,at its option,require as a condition purposes. of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect,lien,encumbrance,or (ii) With regard to(A),(B),(C),and(D)reserving,however,all other matter insured against by this policy that constitutes the basis rights and defenses as to any successor that the Company of loss or damage and shall state,to the extent possible,the basis would have had against any predecessor Insured. of calculating the amount of the loss or damage. (e)"Insured Claimant": An Insured claiming loss or damage. 5.DEFENSE AND PROSECUTION OFACTIONS (f) "Knowledge"or"Known": Actual knowledge,not construe- (a)Upon written request by the Insured,and subject to the options five knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart contained in Section 7 of these Conditions,the Company,at constructive notice of matters affecting the Title. its own cost and without unreasonable delay,shall provide for the defense of an Insured in litigation in which any third party (g)"Land":The land described in Schedule A,and affixed improve- asserts a claim covered by this policy adverse to the Insured. ments that by law constitute real property. The term"Land" This obligation is limited to only those stated causes of action does not include any property beyond the lines of the area alleging matters insured against by this policy. The Company described in Schedule A,nor any right,title,interest,estate,or shall have the right to select counsel of its choice(subject to the easement in abutting streets,roads,avenues,alleys,lanes,ways, right of the Insured to object for reasonable cause)to represent or waterways,but this does not modify or limit the extent that a the Insured as to those stated causes of action. It shall not be right of access to and from the Land is insured by this policy. liable for and will not pay the fees of any other counsel. The (h)"Mortgage": Mortgage,deed of trust,trust deed,or other secu- Company will not pay any fees,costs,or expenses incurred by rity instrument,including one evidenced by electronic means the Insured in the defense of those causes of action that allege authorized by law.. matters not insured against by this policy. (i) "Public Records": Records established under state statutes at (b)The Company shall have the right, in addition to the options Date of Policy for the purpose of imparting constructive notice contained in Section 7 of these Conditions,at its own cost,to of matters relating to real property to purchasers for value and 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 policy together with any costs, attorneys'fees,and expenses in- damage to the Insured. The Company may take any appropri- curred by the Insured Claimant that were authorized by the Com- ate action under the terms of this policy,whether or not it shall pany up to the time of payment or tender of payment and that the be liable to the Insured. The exercise of these rights shall not Company is obligated-(o pay. be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this option,all liability and policy. If the Company exercises its rights under this subsec- obligations of the Company to the Insured under this policy,other tion,it must do so diligently. than to make the payment required in this subsection,shall fermi- (c)Whenever the Company brings an action or asserts a defense as nate,including any liability or obligation to defend,prosecute,or required or permitted by this policy,the Company may pursue continue any litigation. the litigation to a final determination by a court of competent (b)To Pay or Otherwise Settle With Parties Other Than the Insured jurisdiction,and it expressly reserves the right,in its sole dis- or With the Insured Claimant. cretion,to appeal any adverse judgment or order. (i) To pay or otherwise settle with other parties for or in the 6.DUTY OF INSURED CLAIMANT TO COOPERATE name of an Insured Claimant any claim insured against (a) In all cases where this policy permits or requires the Company to under this policy. In addition,the Company will pay any prosecute or provide for the defense of any action or proceeding costs,attorneys'fees,and expenses incurred by the Insured and any appeals,the Insured shall secure to the Company the Claimant that were authorized by the Company up to the right to so prosecute or provide defense in the action or pro- time of payment and that the Company is obligated to pay; ceeding,including the right to use,at its option,the name of the or Insured for thispurpose. Whenever requested by the Company, (ii) To pay-or otherwise settle with the Insured Claimant the the Insured,at the Company's expense,shall give the Company loss or damage provided for under this policy,together with all reasonable aid(i)in securing evidence,obtaining witnesses, any costs, attorneys' fees, and expenses incurred by the prosecuting or defending the action or proceeding,or effecting Insured Claimant that were authorized by the Company up settlement,and(ii)in any other lawful act that in the opinion to the time of payment and that the Company is obligated of the Company may be necessary or desirable to establish to pay. the Title or any other matter as insured. If the Company is Upon the exercise by the Company of either of the options provided prejudiced by the failure of the Insured to furnish the required for in subsections(b)(i)or(ii), the Company's obligations to the cooperation,the Company's obligations to the Insured under Insured under this policy for the claimed loss or damage,other the policy shall terminate,including any liability or obligation than the payments required to be made,shall terminate,including to defend,prosecute,or continue any litigation,with regard to any liability or obligation to defend, prosecute,or continue any the matter or matters requiring such cooperation. litigation. (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, This policy is a contract of indemnity against actual monetary loss and copying, at such reasonable times and places as may be or damage sustained or incurred by the Insured Claimant who has designated by the authorized representative of the Company, suffered loss or damage by reason of matters insured against by all records,in whatever medium maintained,including books, this policy. ledgers,checks,memoranda,correspondence,reports,e-mails, (a)The extent of liability of the Company for loss or damage under disks,tapes,and videos whether bearing a date before or after this policy shall not exceed the lesser of Date of Policy,that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the (i) the Amount of Insurance;or Company,the Insured Claimant shall grant its permission, in (ii) the difference between the value of the Title as insured and writing, for any authorized representative of the Company to the value of the Title subject to the risk insured against by examine,inspect,and copy all of these records in the custody or this policy. control of a third party that reasonably pertain to the loss or dam- (b)If the Company pursues its rights under Section 5 of these age. All information designated as confidential by the Insured Conditions and is unsuccessful in establishing the Title, as Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of insured, the Company,it is necessary in the administration of the claim. (i) the Amount of Insurance shall be increased by 10%,and Failure of the Insured Claimant to submit for examination under (ii) the Insured Claimant shall have the right to have the loss oath,produce any reasonably requested information,or grant or damage determined either as of the date the claim was permission to secure reasonably necessary information from made by the Insured Claimant or as of the date it is settled third parties as required in this subsection,unless prohibited by and paid, law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. (c)In addition to the extent of liability under(a)and(b),the Com- pany will also pay those costs, attorneys' fees, and expenses 7.OPTIONS TO PAY OR OTHERWISE SETTLE incurred in accordance with Sections 5 and 7 of these Condi- CLAIMS;TERMINATION OF LIABILITY tions. In case of a claim under this policy, the Company shall have the 9.LIMITATION OF LIABILITY following additional options: (a) If the Company establishes the Title,or removes the alleged (a)To Pay or Tender Payment of the Amount of Insurance. defect,lien,or encumbrance,or cures the lack of a right of ac- To pay or tender payment of the Amount of Insurance under this cess to or from the Land,or cures the claim of Unmarketable ' • • Title, all as insured, in a reasonably diligent manner by any no joinder or consolidation with claims or controversies of other method,including litigation and the completion of any appeals, persons. Arbitrable matters may include,but are not limited to, it shall have fully performed its obligations with respect to that any controversy or claim between the Company and the Insured matter and shall not be liable for any loss or damage caused to arising out of or relating to this policy,any service in connection the Insured. with its issuance or the breach of a policy provision,or to any other (b)In the event of any litigation,including litigation by the Com- controversy or claim arising out of the transaction giving rise to pany or with the Company's consent,the Company shall have this policy. All arbitrable matters when the Amount of Insurance no liability for loss or damage until there has been a final deter- is$2,000,000 or less shall be arbitrated at the option of either the mination by a court of competent jurisdiction,and disposition Company or the Insured. All arbitrable matters when the Amount of all appeals,adverse to the Title,as insured. of Insurance is in excess of 52,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration (c)The Company shall not be liable for loss or damage to the pursuant to this policy and under the Rules shall be binding upon Insured for liability voluntarily assumed by the Insured in set- the parties. Judgment upon the award rendered by theArbitrator(s) tling any claim or suit without the prior written consent of the may be entered in any court of competent jurisdiction. Company. 15.LIABILITY LIMITED TO THIS POLICY;POLICY 10.REDUCTION OF INSURANCE;REDUCTION OR ENTIRE CONTRACT TERMINATION OF LIABILITY (a)This policy together with all endorsements,if any,attached to All payments under this policy,except payments made for costs, it by the Company is the entire policy and contract between the attomeys'fees,and expenses,shall reduce the Amount of Insurance Insured and the Company. In interpreting any provision of this by the amount of the payment. policy,this policy shall be construed as a whole. 11.LIABILITY NONCUMULATIVE (b)Any claim of loss or damage that arises out of the status of the The Amount of Insurance shall be reduced by any amount the Title or by any action asserting such claim shall be restricted Company pays under any policy insuring a Mortgage to which to this policy. the Insured has agreed, c An amendment of or endorsement to this tic must be in exception is taken in Schedule B or to whichg ( ) y policy assumed,or taken subject,or which is executed by an Insured after writing and authenticated by an authorized person,or expressly Date of Policy and which is a charge or lien on the Title,and the incorporated by Schedule A of this policy. amount so paid shall be deemed a payment to the Insured under (d)Each endorsement to this policy issued at any time is made a this policy. part of this policy and is subject to all of its terms and provi- 12.PAYMENT OF LOSS sions. Except as the endorsement expressly states,it does not When liabilityand the extent of loss or damage have been definitely (i) modify any of the terms and provisions of the policy, (ii) g Y modify any prior endorsement,(iii)extend the Date of Policy, fixed in accordance with these Conditions,the payment shall be or(iv)increase the Amount of Insurance. made within 30 days. 13.RIGHTS OF RECOVERY UPON PAYMENT OR 16.SEVERABILITY SETTLEMENT 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 (a)Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy, it shall be subrogated and entitled to the but all other provisions shall remain in full force and effect. rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant 17.CHOICE OF LAW;FORUM has against any person or property,to the extent of the amount (a)Choice of Law: The Insured acknowledges the Company has of any loss, costs, attorneys' fees,and expenses paid by the underwritten the risks covered by this policy and determined Company. if requested by the Company,the Insured Claimant the premium charged therefor in reliance upon the law affecting shall execute documents to evidence the transfer to the Com- interests in real property and applicable to the interpretation, pany of these rights and remedies. The Insured Claimant shall rights,remedies,or enforcement of policies of title insurance permit the Company to sue,compromise,or settle in the name of the jurisdiction where the Land is located. of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights Therefore,the court or an arbitrator shall apply the law of the and remedies. jurisdiction where the Land is located to determine the validity If a payment on account of a claim does not full cover the loss of claims against the Title that are adverse to the Insured and to P Y Y interpret and enforce the terms of this policy. In neither case of The Insured Claimant, the Company shall defer the exercise shall the court or arbitrator apply its conflicts of law principles of its right to recover until after the Insured Claimant shall have to determine the applicable law. recovered its loss. right of subrogation includes the rights of the (b)Choice of Forum: Any litigation or other proceeding brought (b)The Company's g g by the Insured against the Company must be filed only in a Insured to indemnities,guaranties,other policies of insurance, state or federal court within the United States of America or its or bonds,notwithstanding any terms or conditions contained territories having appropriate jurisdiction. in those instruments that address subrogation rights. 14.ARBITRATION 18.NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing Either the Company or the Insured may demand that the claim or required to be given to the Company under this policy must be controversy shall be submitted to arbitration pursuant to the Title given to the Company at: Westcor Land Title Insurance Company, Insurance Arbitration Rules of the American Land Title Associa- Attn.: Claims, 201 N. New York Ave., Ste. 200, Winter Park, tion ("Rules"). Except as provided in the Rules, there shall be Florida 32789. ALTA OWNER'S POLICY (6-17-06) J WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 201 N.New York Avenue, Suite 200 Winter Park, Florida 32789 Telephone:(407)629-5842 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-13-CO1045-3137341 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 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 as set 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 Court .PITKIN Acient 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 4,2013 Issued By: Authorized Signatory • Permit No 2.20(Y- COMMUNITY DEVELOPMENT 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: g/`t S Dc Lyv�G�o ID�LI v\I�l.iNl I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. !tel 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. r Owner signature: � ` � date: 01 Owner printed name: or, Attorney signature: date: Attorney printed name: 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, f Hen Lambert > , Richard Carey Bond Vicinity Map - 308 & 312 W. 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Rey. L.S. 9476 'd 3 r� 9 Courly o,K r g. a oycl9ra� i �'rnnledw Tr� 7 b .rc � nt 2_ coy b, E Be .er r rg L_rd Suryy^- s tifres d r.,c officiccltris Zt} �-i Af).. ?96= ex^:r t A 2.�F 7 LOFT ° .,_R ;r_„TE gad !r9 gU';ic`in9 state f r S S C�urty of..s,:�. 55 w �,r" --._ Know c.. men ty tr.ese preset 5 �• B �� qd� Thn'. ',i=yr� Handwerf, Norm--r- rc r:._.t r owner- '- her=,.D u ish trisn 4 .. As-per, r'^ r rr �r^ r eby iedicot. t., ,er: .,`r _. use of e _nc ..:� _. _r'sts no.,,r. hereon °-N itness s' - r..erN t n ,.. r 193' p.^. rrt'• 5 ,r 6 d 3 5... nr =rd''A'?rlc7i:.. F70ffr t2r. Y. 2nd Floor � 1 UN 2, S..O t 7 r i r^ i r is ' 'caie cs a, .:iec'g _ f r^ me I } .t Fr ,,._y * ,�-s.r vr,< 7p :beyrr;,rdte r� nr .Vorn-:c pp icier, : 5 r " c oftr , i f '4 ' • z k my r._r._ . se tri y .f - AD. 9c'""�' ��� f •nrrissr,n expires_, ;•3� s f —�- 'ST .... -bor HOPKINS ST. i 1 CnLrt :tKlr. THS - s pct w s C f;:r record rr the o f:re of the �. ty Clark e order arr Rof Fakir C•curty ._t o the _yay c. Cp.;, F 7ER7Y SURVEY- 19"r. .BLOCK 45 l �+ r'I tLPTS 1 1st Rccr t # ASPEN CCLCJRAD { C r r h rc d r 4 '• •sur.eVed Ef-P,1212-3189': drawn EFE 112:3!89: r • �' Ah Vim i rear deck a. 12, o 0 7929.48' CO NDOM I N:IUM PLAT OF ASPEN "A" CONDOMINIUM ,.:age 2 of 2 Doges ".:, stb?-froom 1Cairoom 2 'l . 4Clst 1 ` I - rm. Ist ._.....,_. cost - I kitchen t hLa 1� ' c 2 J Z` 7923.40' 3rd floor ` m m' 7922.60 ° tri: i i d) 433 ' `_•¢drecr[ 3 ! !'vin ore — g 0 5' ^ I ' i 'open lbove I UNITS 1 &2 2nd floor 7915.1 is , deck 2nd floor I o 7914 13 r I, 7_L„ 26�C•• R' I UNITS 1 8,2 "D 1st floor 777 I 1/4'= 1'-0' '077 15 I li f ti I j IN 1st floori 7,94 I ' I c GRADE M __ 7905.30" 7905.05"ms.l 5 7905.05' Ipp I I � UNITS. 1 8,.2 3rd floor (loft) TRANSVERSE SECTION 3/.4"= 1'-0" s ,r