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HomeMy WebLinkAboutcoa.lu.co.1635 Silverking Dr.0091.2014.ASLU0091. 2014. ASLU 1655 5ILVERKING DRIVE CONDOMINIUMIZATION 2735 024 01 014 I ►oi THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: 0091.2014.ASLU PARCEL ID NUMBERS: 27#-024-01-014 PROJECT ADDRESS: 1655 SILVERKING DRIVE ASPEN PLANNER: HILLARY SEMINICK CASE DESCRIPTION: CONDOMINIUMIZATION REPRESENTATIVE: C EPT DATE OF FINAL ACTION: 12/30/2014 CLOSED BY: ROBERT GREGOR ON: 06/02/2015 • 0 ,;7- -7 35 p2c v/ — 01 4 Edit Record Navigate Form Reports Format Tab Help w ;X jump 1 I A 4 Custom Fields Routing Status Fee Summary Aeons Routing History retype M00912014AKU '):5)q�' 20'/Z( .e'qS Lq Address ' S 'dE�k;'',� D- City r FE'i CO 81611 mit Information Master permitRouting queue aslu07 Applied 12�30 2017 Project Status �'g Approved j Description APPLICATION FOR CONDOMINIUMEATI0`I Issued Closed; Final Submitted ti"+1LLIS PEN1BER . , 9201'2' ad Running D* I 0I0012,2612016 Last name IPEMBER First name WLUS PO BOX 8073 ASPEhI CO 81612 Phone j970; 92C 1121 Address Applicant Owner is applicant? r Contrador is applicant? Last PEh1BER First name 'eY'LLIS PO BOX 8013 ASPEN CO 81612 Phone i9701920-1721 7 Cults 128076 Alkl m Lender Lass name First name Phone () Address Aspen&16 (server) angelas =,I of 1 0 006#204 �GG/ 13 THE CRY of ASPEN Land Use Application Determination of Completeness Date: December 24, 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application for a condominiumization mlication (1655 Silver Kin Drive) 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. Your 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 $900,00. 2) Digital copy of the application. 3) 2 hard copies 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. Th You, ennifer Phelan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No_Subdivision, or PD (creating more than 1 additional lot)__ GMQS Allotments Residential Affordable Housing Yes No_,.< Commercial E.P.F. Lodging __ 0 r� LJ CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 12.11.2014 PROJECT: 1635/1655 Silver King Dr. REPRESENTATIVE: Willis Pember, willispa@comcast.net REQUEST: Condom iniumization (Subdivision) DESCRIPTION: The Applicant is interested in creating and filing a new condominium plat for the duplex at 1635/1655 Silver King Dr. This parcel is Lot 27 of the West Aspen Subdivision, and is located in the R-15 zone district. The original plat for this subdivision was recorded in 1967 (Book 3, Pg 252), with subsequent updates through 2001. Condominium ization 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 aspen pitkin com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%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/O/docs/City/engineering/Engineering%20Standards%20dec%202013%2 Ofinal.pdf Condominium Plat Survey Checklist: http://www aspenpitkin com/Portals/O/docs/Condominium%20Plat%20%20Survev%20Checklist rev2013011 5. pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050.A Condominiumization 26.710.050 Moderate -Density Residential (R-15) Review by: Staff for complete application Engineering Public Hearing: None Planning Fees: Planning Deposit — Administrative Review, $650 for 2 hours Referral Fees: Engineering, $250 for 1 hour of review time ASLU Subdivision/Condominiumization 1635/1655 Silver King Dr. 273502401014 • • 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: D Completed Land Use Application and signed fee agreement. t Pre -application Conference Summary (this document). 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. / L7 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. �HOA Compliance form (Attached) VA 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. 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 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner ("I"): Address of Property: (subject of application) Name: rvo L. 44J � (A_P_A4/ P6-yt, /Z &-A — Email:cL p C.Ou^CA_ l j !.-C>yt Iz' V_ L r /' I1 , w �; 14 / l I certify as follows: (pick one) Phone No.: q 7p _ q Za , 07- 7 ❑ 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 land use application do not require approval by the homeowners association or covenant beneficiary. y A ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and 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 docume ublic document. Owner signature: date: 2 -'L;• Owner printed name: or, Attorney signature: Attorney printed name: date: 0 DE 2 3 2014 ATTACHMENT 2 —LAND USE APPLICATION t ,V PROJECT: Name: Condom iniumization Location: 1655 Silverking Drive, Lot 27 , west aspen subdivision, filing #2, aspen, co 81611 Parcel ID#(REQUIRED) PID#2735-024-01-014 kPPLICANT: Name: Willis and Sarah Pember Address: 1655 Silverking Drive Phone #: office: 970 920 1727, Cell: 970 379 6074 REPRESENTATIVE: Name: Willis Pember Address: same as above Phone #: 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: condominiumization ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) two story single family residence ROPOSAL: (description of proposed buildings, uses, modifications, etc.) conversion of an existing single family residence into a duplex lot via a land condominiumization .,K.,..1 -A +h f 11....I;_ 9 ri rrC nur• % 900.00 x] Pre -Application Conference Summary x❑ Attachment # 1, Signed Fee Agreement x❑ 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. u ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: condominiumization Applicant: willis and sarah pember Location: 1655 Sllverking Drive, Aspen, CO Zone District: R-15 Lot Size: 16,500 SF Lot Area: 15,561.50 SF net (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: 0 Proposed: Existing: 1 Proposed: Existing: 3 Proposed: Proposed % of demolition (Historic properties only): na DIMENSIONS: I 1 3 Floor Area: Existing: 4,077.81 Allowable: 4,533.70 Proposed.• na Principal bldg. height: Existing: 22' Allowable: 25' Proposed.• na Access. bldg. height: Existing: na Allowable: na Proposed.• na On -Site parking: Existing: 4 Required: 2 Proposed: na % Site coverage: Existing: na Required: na Proposed: na % Open Space: Existing: na Required: na Proposed.• na Front Setback: Existing: 30' Required.• 25' Proposed.• na Rear Setback: Existing: 10' Required.• 10' Proposed.• na Combined F/R: Existing: na Required.• na Proposed.• na Side Setback: Existing: 11'-6" Required: 10' Proposed.• na Side Setback: Existing: 34'-6" Required.• 10' Proposed: na Combined Sides: Existing: na Required.• na Proposed: na Distance Between Existing na Required. 10' Proposed: na Buildings Existing non -conformities or encroachments: none Variations requested: none • ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements See key on page 9. Process Type (See Process Description in Att.S) Number of Required Submittal Packets 8040 GREENLINE REVIEW 1-7 -8-10-,35 P & Z 10 8040 GREENLINE EXEMPTION 1-7 8-10, 35 ADMINLSTRATIVE REVIEw 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12, 35 P & Z OR ADMINISTRATIVE (Based on location 2 for 0 Admin., 10 for P &Z STREAM MARGIN EXEMPTION 1-7 10, 11, 12,35 ADMINISTRATIVE REVIEW 2 I a.sM LAKE BLUR REviEw 1-7 13 14, 35 P & Z 10 MOUNTAIN VIEW PLANE 1-7 15, 16, 35 P & Z 10 CONDITIONAL USE 1-7, 9, 17 P & Z 10 SPECIAL. REVIEW* 1-7, Additional Submission Req. depend on nature of the Special Review Request. P & Z 10 SUBDIVISION 1-7 18 19, 20, 21 35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7 18 19, 20, 21, 35 CITY CouNCH. 10 LOT LINE ADJUSTMENT 1-7 22 ADMINISTRATIVE REvEFW 2 LOT SPLIT 1-7 22 CITY COUNCIL 10 CODE AMENDMENT 147, 23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16, 24, 25, 26 27, 35 ADMIN.OR P & Z 2 for Admin., 10 for P & Z SATELLITE DISH OVER 24" IN DIAMETER 1-7 ADMIN. OR P & Z 2 for Admin., 10 for P & Z RES. DESIGN STANDARDS VARIANCE 1-79 9, 28, 29, 30 P & Z OR DRAG 10 GMQS EXEMPTION* 1-7, Additional Submission Req. depend on nature of the Exemption Request ADMIN., OR P & Z, AND/OR CC BASED ON EXEMPTION TYPE 2 for Admin., 10 for P & Z, 20 for P & Z and CC CONDOMINIUMITATION 1,31 ADMINISTRATIVE 2 PUD 1-7, 32, 33, 35 CONCEPTUAL- P & Z, AND CC FINAL -P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7935 P & Z, AND CC 1 20 1-7 ADMOV„ OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P PUD AMENDMENT ASED ON AMENDMENT TYPE & Z and CC SPECIALLY PLANNED AREA 1-7, 3S CONCEPTUAL—P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final SPA) SPA FINAL- P & Z, AND CC AMENDMENT TO SPA 1-7 ADMIN„ OR P & Z AND CC 2 for Admin., 20 for P & Z and CC (BASED ON SIGNIFICANCE OF AMENDMENT TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON 2 for Admin., 10 for City Council DURATION TIME ACCESSORY DWELLING UNIT 1-7, 9 ADMIN OR P &Z(BASED ON IF 2 for Administrative Review THE PROPOSAL MEETS REVIEW STANDARDS RmNING 1-7 P & Z AND CC 20 DMUNSIONAL REQUIREMENTS 1-7, 34 BOARD OF AD]USTMENT 9 VARIANCE ' Consult with a Planner about submittal requirements. •' A pre -application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre -application conference. 0 • ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Land Use Application with Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" a 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 8. Plan with Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain tine and the high water line. 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 16. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terns of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one -hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at 1"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candies and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half(I 1/2) inches on the left hand side of the sheet and a one-half (1 /2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off' -street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. 0 0 ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. 0 0 ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CITY of ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. Agreement to Pay Application Fees qn aareement between the U11V Ot Aspen c uity ) ano Property Willis and Sarah Pember Phone No.: 970- 920 1727 Owner ("I"): Email: willispa@comcast.net Address of 1655 silverking drive Billing po box 8073 Property: Address: (subject of aspen, co 81611 aspen, co 81612 application) condominiumization (send bills here) - I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 250 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property wner: Name: Willis pember owner, 1655 Silverking Drive, Aspen, CO City Use: Title: Fees Due: $ 900 Received: $ Aft rI Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. • • PqqCustomer Distribution Land Title GUARANTEE COMPANY —since 1967— Property Address: 1655 SILVER KING DRIVE, ASPEN, CO 81611 For Closing Assistance Kimberly Parham 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 (phone) 303-393-4870 (fax) kparham@Itgc.com Buyer/Borrower DARYL B CRAMER AND HEATHER R CRAMER Delivered via: Delivered by Realtor Seller/Owner WILLIS O. PEMBER AND SARAH P. PEMBER Delivered via: Electronic Mail Closer's Assistant Nikki Durrett 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 (phone) 800-318-8202 (fax) ndurrett@ltgc.com Our Order Number: Q62005903-10 Date: 12-19-2014 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) kshultz@ltgc.com Other WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP Attention: BARB DAUTRECHY 420 E MAIN ST #210 ASPEN, CO 81611 970-544-7006 (work) 866-492-0361 (work fax) dautrechy@wcriegal.com Delivered via: Electronic Mail Other ASPEN SURVEY ENGINEERS INC Attention: JOHN HOWORTH 210 S GALENA ST ASPEN, CO 81611 970-925-3816 (work) aspensurveyors@gmail.com Delivered via: Electronic Mail Attorney for Buyer Lender GENSHAFT CRAMER LLP FIRSTBANK Attention: DARYL CRAMER Attention: BRENDAN MATTHIAS 420 E MAIN ST 2014 GRAND AVE ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 970-925-9450 (work) 970-928-5982 (work) dcramer@genshaftcramer.com,dmarkowski@genshaftcramer.com brendan.matthias@efirstbank.com, clordering@efirstbank.com Delivered via: Electronic Mail Delivered via: Electronic Mail Attorney for Seller WAAS CAMPBELL RIVERAJOHNSON & VELASQUEZ LLP Attention: CHERYL VELASQUEZ 420 E MAIN ST #210 ASPEN, CO 81611 970-544-4612 (home) 970-544-7006 (work) 866-492-0361(work fax) velasquez@wcrlegal. com Delivered via: Electronic Mail Closer LAND TITLE GUARANTEE COMPANY Attention: Kimberly Parham 533 E HOPKINS #102 ASPEN,CO 81611 970-925-1678 (work) 303-393-4870 (work fax) kparham@ltgc.com �n J Land Ttle GUARANTEE COMPANY —Since r967— Wire Instructions Bank: ALPINE BANK Address: 600 E HOPKINS ASPEN, CO 81611 ABA No: 102103407 Account: 2020010529 Attention: Kimberly Parham Reference Q62005903-10 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Tide can not accept buyer funds in the form of personal checks, and buyer funds delivered using ACH payment systems may result in the delay or cancellation of your closing. i 0 Land Title Guarantee Company Estimate of Title Fees Land Title GUARANTEE COMPANY —Since 1967-- Order Number: Q62005903-10 Date: 12-19-2014 Property Address: 1655 SILVER KING DRIVE, ASPEN, CO 81611 Buyer/Borrower: DARYL B. CRAMER AND HEATHER R. CRAMER Seller: WILLIS O. PEMBER AND SARAH P. PEMBER Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Tide Insurance Fees ALTA Owners Policy 06-17-06 $1,796.00 Deletion of Standard Exception(s) $65.00 Endorsement Patent-06 $50.00 ALTA Loan Policy 06-17-06 $2,063.00 Endorsement 100-06 $50.00 If Land Tide Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $4,024.00 THANK YOU FOR YOUR ORDER! • ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62005903-10 Customer Ref -Loan No.: Property Address: 1655 SILVER KING DRIVE, ASPEN, CO 81611 1. Effective Date: 12-01-2014 at 05:OOPM 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $780,000.00 Proposed Insured: DARYL B. CRAMER AND HEATHER R. CRAMER "ALTA" Loan Policy 06-17-06 $2,000,000.00 Proposed Insured: FIRSTBANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WILLIS O. PEMBER AND SARAH P. PEMBER 5. The Land referred to in this Commitment is described as follows: LOT 27, WEST ASPEN SUBDIVISION, FILING NO. 2, ACCORDING TO THE PLAT RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308 AS RECEPTION NO. 132135. COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2014 American Land Title Association. All Rights Reserved � AN LAND D TITLE TITII The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62005903-10 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. RELEASE OF DEED OF TRUST DATED MAY 12, 2004 FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WELLS FARGO BANK, NATIONAL ASSOCIATION TO SECURE THE SUM OF $325,000.00 RECORDED MAY 14, 2004, UNDER RECEPTION NO. 497617. DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 14, 2004, UNDER RECEPTION NO. _497618. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED JANUARY 18, 2005 UNDER RECEPTION NO. 506118. 3. RELEASE OF DEED OF TRUST DATED JANUARY 07, 2005 FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WELLS FARGO BANK, N.A. TO SECURE THE SUM OF $343,000.00 RECORDED JANUARY 12, 2005, UNDER RECEPTION NO. 505938. 4. RELEASE OF DEED OF TRUST DATED JULY 10, 2007 FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TIMBERLINE BANK TO SECURE THE SUM OF $1,750,000.00 RECORDED AUGUST 06, 2007, UNDER RECEPTION NO. 540698. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 5. WARRANTY DEED FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO DARYL B. CRAMER AND HEATHER R. CRAMER CONVEYING SUBJECT PROPERTY. 6. DEED OF TRUST FROM DARYL B. CRAMER AND HEATHER R. CRAMER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $2,000,000.00. REQUIREMENTS TO PROVIDE DELETIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTIONS NO. 5, 7(A) AND 7(B) OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM THE OWNERS POLICY 0 0 Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62005903-10 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENTS RECORDED OCTOBER 26, 1892, IN BOOK 55 AT PAGE 33 AND FEBRUARY 8, 1955 IN BOOK 180 AT PAGE 334. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF WEST ASPEN SUNDIVISION, FILING NO. 2 RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308. 10. TERMS, CONDITIONS AND PROVISIONS OF SEWER EASEMENT AND RIGHT OF WAY RECORDED JANUARY 10, 1972 IN BOOK 260 AT PAGE 614. 11. (ITEM INTENTIONALLY DELETED) Land Title GUARANTEE COMPANY JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. • 0 LAND TITLE GUARANTEE COMPANY F" LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY DISCLOSURE STATEMENTS --Since 1967-- Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. the company to provide any of the coverages referred to herein unless the above Nothing herein contained will be deemed to obligate conditions are fully satisfied. • 0 Commitment to Insure .��P�TITL,F�'•, ZO aP * may/: ALTA Commitment - 2006 Rev. it * 0 - OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable rit consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the Proposed * Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, /•odd * * * b; 0.- upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A '•, �7o ANd�.` and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserte d In Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS L. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. other matter affecting the estate or 2. if the proposed Insured s or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, and hall fail to disclose such knowledge to om liability for any loss or damage resulting from any act of reliance hereon to the extent the Company in writing, the Company shall be relieved fr Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition o Insured in the form of policy or policies committed for and only for actual loss incurred in relian ehoereo r create the estate orin undertaking rote s orh (a) to Comply thereon with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c)acquire covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. title insurance policies and is not an abstract of title or a report of the condition of title. Any action 4. This commitment is a contract to issue one or more or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. rJ. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.aiw.org. STANDARD EXCEPTIONS ulations and Exclusions from Coverage above referred to, this Commitment is also subject to the In addition to the matters contained in the Conditions and Stip following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land woul d disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Recor s. in the Public 5 other matters, it any, created, first apearng ffefects,ctive Idate hereof butprior to therdatelthe prse caims oposed ed insured acquires of record forrP alel the estate or interest orRecordsmortgageor lthe subsequeto the eon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. r r r • Old Republic National Title Insurance Company Issued by: •, a Stock Company Land Title Guarantee Company �. �P` TITL4 � •,� 400 Second Avenue South 3033 East First Avenue �\O * * * S+G Minneapolis, Minnesota 55401 Suite 600 2Q * 41 p (612)371-1111 Denver, Colorado 80206 7 303-321-1880 * 2 U * 0' J o Mark Bilbrey9Z - * n President AMERICAN O * � LAND TITLE John E.Freyer //J. * J 1 ASSOCIATION President • V V V Ren°� 'a9" Opp , �N �• Secretary Authorized Officer or Agent • 9 Customer Distribution Land Title GOARAMEE COMPANY —Since r967— Property Address: 1655 SILVER KING DRIVE, ASPEN, CO 81611 For Closing Assistance Kimberly Parham 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 (phone) 303-393-4870 (fax) kparham@Itgc.com Buyer/Borrower DARYL B CRAMER AND HEATHER R CRAMER Delivered via: Delivered by Realtor SellerlOwner WILLIS O. PEMBER AND SARAH P. PEMBER Delivered via: Electronic Mail Closer's Assistant Nikki Durrett 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 (phone) 800-318-8202 (fax) ndurrett@ltgc.com Our Order Number: Q62005903-10 Date: 12-19-2014 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) kshultz@Itgc.com Other WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP Attention: BARB DAUTRECHY 420 E MAIN ST #210 ASPEN, CO 81611 970-544-7006 (work) 866-492-0361 (work fax) dautrechy@wcrlegal.com Delivered via: Electronic Mail Other ASPEN SURVEY ENGINEERS INC Attention: JOHN HOWORTH 210 S GALENA ST ASPEN, CO 81611 970-925-3816 (work) aspensurveyors@gmail.com Delivered via: Electronic Mail Attorney for Buyer Lender GENSHAFT CRAMER LLP FIRSTBANK Attention: DARYL CRAMER Attention: BRENDAN MATTHIAS 420 E MAIN ST 2014 GRAND AVE ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 970-925-9450 (work) 970-928-5982 (work) dcramer@genshaftcramer.com,dmarkowski@genshaftcramer.com brendan.matthias@efirstbank.com, clordering@efirstbank.com Delivered via: Electronic Mail Delivered via: Electronic Mail Attorney for Seller WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP Attention: CHERYL VELASQUEZ 420 E MAIN ST #210 ASPEN, CO 81611 970-544-4612 (home) 970-544-7006 (work) 866-492-0361(work fax) velasquez@wcrlegal.com Delivered via: Electronic Mail Closer LAND TITLE GUARANTEE COMPANY Attention: Kimberly Parham 533 E HOPKINS #102 ASPEN,CO 81611 970-925-1678 (work) 303-393-4870 (work fax) kparham@ltgc.com 0 • Land Title GUARANTEE COMPANY —Since r967— Wire Instructions Bank: ALPINE BANK Address: 600 E HOPKINS ASPEN, CO 81611 ABA No: 102103407 Account: 2020010529 Attention: Kimberly Parham Reference Q62005903-10 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Title can not accept buyer funds in the form of personal checks, and buyer funds delivered using ACH payment systems may result in the delay or cancellation of your closing. 0 Land Title Guarantee Company F" Estimate of Title Fees Land Title GUARANTEE COMPANY —Since rg67— Order Number: Q62005903-10 Property Address: 1655 SILVER KING DRIVE, ASPEN, CO 81611 Buyer/Borrower: DARYL B. CRAMER AND HEATHER R. CRAMER Seller: WILLIS O. PEMBER AND SARAH P. PEMBER Date: 12-19-2014 Visit Land Title's website at www.Itcic.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 $1,796.00 Deletion of Standard Exception(s) $65.00 Endorsement Patent-06 $50.00 ALTA Loan Policy 06-17-06 $2,063.00 Endorsement 100-06 $50.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $4,024.00 THANK YOU FOR YOUR ORDER! • ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62005903-10 Customer Ref -Loan No.: Property Address: 1655 SILVER KING DRIVE, ASPEN, CO 81611 1. Effective Date: 12-01-2014 at 05.00PM 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $780,000.00 Proposed Insured: DARYL B. CRAMER AND HEATHER R. CRAMER "ALTA" Loan Policy 06-17-06 $2,000,000.00 Proposed Insured: FIRSTBANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WILLIS O. PEMBER AND SARAH P. PEMBER 5. The Land referred to in this Commitment is described as follows: LOT 27, WEST ASPEN SUBDIVISION, FILING NO. 2, ACCORDING TO THE PLAT RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308 AS RECEPTION NO. 132135. COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2014 American Land Title Association. All Rights Reserved I The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN FAND TITIF 0 • ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62005903-10 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. RELEASE OF DEED OF TRUST DATED MAY 12, 2004 FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WELLS FARGO BANK, NATIONAL ASSOCIATION TO SECURE THE SUM OF $325,000.00 RECORDED MAY 14, 2004, UNDER RECEPTION NO. 497617. DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 14, 2004, UNDER RECEPTION NO. 497618. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED JANUARY 18, 2005 UNDER RECEPTION NO. 506118. 3. RELEASE OF DEED OF TRUST DATED JANUARY 07, 2005 FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WELLS FARGO BANK, N.A. TO SECURE THE SUM OF $343,000.00 RECORDED JANUARY 12, 2005, UNDER RECEPTION NO. 5059.3.8. 4. RELEASE OF DEED OF TRUST DATED JULY 10, 2007 FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TIMBERLINE BANK TO SECURE THE SUM OF $1,750,000.00 RECORDED AUGUST 06, 2007, UNDER RECEPTION NO. 540698. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 5. WARRANTY DEED FROM WILLIS O. PEMBER AND SARAH P. PEMBER TO DARYL B. CRAMER AND HEATHER R. CRAMER CONVEYING SUBJECT PROPERTY. 6. DEED OF TRUST FROM DARYL B. CRAMER AND HEATHER R. CRAMER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $2,000,000.00. REQUIREMENTS TO PROVIDE DELETIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTIONS NO. 5, 7(A) AND 7(B) OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM THE OWNERS POLICY 0 • ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62005903-10 The following are the requirements to be complied with: C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2014 AND SUBSEQUENT YEARS. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62005903-10 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENTS RECORDED OCTOBER 26, 1892, IN BOOK 55 AT PAGE 33_ AND FEBRUARY 8, 1955 IN BOOK 180 AT PAGE 334. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF WEST ASPEN SUNDIVISION, FILING NO. 2 RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 30$. 10. TERMS, CONDITIONS AND PROVISIONS OF SEWER EASEMENT AND RIGHT OF WAY RECORDED JANUARY 10, 1972 IN BOOK 260 AT PAGE 614. 11. (ITEM INTENTIONALLY DELETED) • 0 Pq Land Title GUARANTEE COMPANY W W W. LT CC. C OM JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ('Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. F" Land Title GUARANTEE COMPANY —Since 1967— LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. 0 0 Commitment to Insure ,,•�PLTITLF�'., rP * #* ➢ : ALTA Commitment - 2006 Rev. - U Z - 9Z m _- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of tide insurance, as identified in Schedule A, in favor of the Proposed * * 0. dr07o Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, Schedule A ^Nda��� upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.orlY. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records, 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: , \ \ r r , Old Republic National Title Insurance Company Land Title Guarantee Company � ` PL TI T(F ' •� a Stock Company 3033 East First Avenue �` r1 /4, , 400 Second Avenue South Suite 600 r,�° * * tr Minneapolis, Minnesota 55401 Denver, Colorado 80206 Q * Gp (612)371-11-U 303 321-1880 Q * * Z -7 J * * no- t/ f}t Mark Bint — ,,t1 yl— President �`//7 AMERICAN JohnE.Freyer ',���* * * y1° LAND TITLE President ', p dbi •\ ASSOCIATION 70 /•t \\ Rentle Veaper Authorized Officer or Agent \ seUe e y Y CONDOMHNHUM 0 10 20 U.S. SURVEY FOOT VICINITY MAP I--500' cu< YELLOW 20151 14 LEGEND 0 m YELLOW 2376 OO STORAGE SHED MAP OF WEST S HLVERKHNG SITUATED ON LOT 27, WEST ASPEN SUBDIVISION, FILING NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308 AS RECEPTION NO. 132135. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO CONTAINING 16,500 SQ. FT. -/- 10.379 ACRES +/-] THE PURPOSE OF THIS CONDOMINIUM MAP IS TO CONDOMINIUMIZE THE PROPERTY AND IMPROVEMENTS THEREON INTO THE CONDOMINIUMS. PARCEL ID #1 2735-024-01-014 SILeq 1 AT p 60 19.0 W G ��J( cgA�F( \ V \ ___1` CONC. DRIVE ___1N 66. /0 U S2 °0 W l \ \ T/CITYF lSF�1FNT x ?� c / o a 4 L O T 2 8 0 h o 3 \ C) o a / UNIT I / e LAND AREA - 9,000 SQ. FT. / h / PATIO WOOD DECK 00. \ \ `< \ ALUM. 7168 S 0 FOUND SURVEY MONUMENT RE -BAR WITH CAP AS DESCRIBED SURVEY CONTROL e o FENCE ❑ UTILITY BOX ® MAIL BOX / 0 YARD LIGHT COMMON BOUDARY ICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS ER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION ED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN IRS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE TIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 66, S2 00. L O T 2 7\ \ CONC. DRIVE \ GRAVEL PARKING P \ SFT B,gCK \ cn \ COMMON BOUNDARY 4, 3 BETWEEN UNITS \ P � / co N / PARTY WALL / 3 , P a UNIT 2 LAND AREA - 7,500 SO FT. a " CONC. �' ~ PATIO � £� PATIO h 27.6 0 ~ 41j O / J LOT 2 6 ti / h 0 ti a / 2 o' �c CITY OF ASPEN G P S MONUMENT NO 5-159 /e` h / ,yP Z5 / URIED UNDER BUSH 4, Sg B 6J CITY OF ASPEN GPS MONUMENT NO. 11 \ LINE BEARING DISTANCE \ \/p. / LI N 66°59'I6' W 4.7' L3 S 23°00'44' W 4.5' \ ` L4 N 67°13'03" W 0.3' �p 9/ \ \ \ 15 ASEI JOB 5323 \ ALUM. 7168 CONDOMHNHUMS CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE SOLE OWNERS OF ALL THAT REAL PROPERTY SITUATED N THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 27, ASPEN WEST SUBDIVISION, FILING NO. 2, ACCORDING TO THE PLAT RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308, COUNTY OF PITKIN, STATE OF COLORADO, HEREBY CERTIFY THAT * HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT, CONDOMINIUMIZED AND SURVEYED AS UNIT I AND UNIT 2, WEST SILVERKING CONDOMINIUMS, AS SHOWN AND NOTED HEREON AND AS DESCRIBED IN THE DECLARATION AS DEFINED BELOW: WE HEREBY SUBMIT 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. 38-33.3-101 AS THE SAME 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 CONDOMINIUM DECLARATION FOR WEST SILVERKIAI�C� M IU20S1 0^DERECEPTHONRNOL PROPERTY�ljoJ4DS OF PITKIN THEOUDECLAR�T�OND�, TOGETHER ON JIG VV ll 33++11 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 I OR OWNING AN INTEREST N SUCH REAL PROPERTY, THEIR GRANTEES, SUCCESSORS HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADM NI DEVISEES OR ASSIGNS. EXECUTyr-y* I S Wk DA F Ul AfAf 20157. BY: l( _ _A_ G� WI IS 0. PEMBER BY: —�/l/VA/(J, r GS/Ww4w% SARAH P. PEMBER TITLE CERTIFICATE 1,(M A DULY -AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS HEREIN SHOWN ON AND DEDICATED BY THIS MAP AND THAT TITLE TO SAID LANDS IS IN THE OWNER AND DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES, EXCEPT AS SHOWN HEREIN. LAND TITLE GUARANTEE COM ANY BY: I Ztk DATE: TITLE E AMI 4R SURVEYOR'S CERTIFICATE I, JOHN HOWORTH, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF WEST SILVERKING CONDOMINIUMS, A CONDOMINIUM: THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON: THAT THE SAME ARE BASED ON FIELD SURVEY(S) PERFORMED UNDER MY SUPERVISION: AND THAT THIS MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S SECTION 38-51-106. 1 FURTHER CERTIFY THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33- COLORADO COMMON INTEREST OWNERSHIP ACT AND THAT THE LINEAR ERROR OF CLOSURE 1 :15,0 0a:�F SIGNED: TH,WWI 25947 COMMU 14i lY..:. LOPMENT DIRECTOR'S APPROVAL: THE APPLICATI MINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR IANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF , 201 _ TO THE EXTENT THAT ANYTHING IN THIS MAP IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDIMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL, BY: COMMUNITY DEVELOPMENT DIRECTOR ACCEPTANCE FOR RECORDING: THIS CONDOMINIUM MAP OF WEST 51LVIER KING CONDOMINIUMS HAS BEEj WCEPTED FOR FIL ING IN THE OFFICE OF T CLERK AND RECORDER DF PITKIN COUNTY, COLORADO THIS _ DAY OF 201 IN PLAT BOOK IAft AT PAGE Imo— AS RECEPTION NO. 61703s BY: CLERK & RECORDER ENGINEERING DEPARTMENT REVIEW: THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 20_. BY: CITY ENGINEER NOTES SETBACKS TO BE VERIFIED BY THE ARCHITECT TITLE INFORMATION FURNISHED BY: LAND TITLE GUARANTEE COMPANY ORDER NO. 062005903-10 EFFECTIVE DATE: 12/01/2014 POSTED ADDRESS "1655 SILVER KING DRIVE" THIS PROPERTY IS SITUATED IN ZONE 'X" (AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A., FOR PTKIN COUNTY COLORADO, COMMUNITY -PANEL NUMBER 08097CO204 C, EFFECTIVE DATE: JUNE 4, 1987 THIS PROPERTY LIES ENTIRELY OUTSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, FIGURE ES-15. THE BASIS OF BEARING FOR THIS SURVEY LIES BETWEEN REBAR WITH CAP NO. 2168 AT THE N.W. PROPERTY CORNER OF LOT 24 AND REBAR WITH CAP NO. 20151 AT THE N.E. PROPERTY CORNER OF LOT 24. N 66°52'00" W 140.00' THIS CONDOMINIUM MAP ESTABLISHES DISCRETE OWNERSHIP INTERESTS WITHIN A SINGLE FAMILY HOME. UNIT 2 DOES NOT MEET THE DEFINITION OF DWELLING UNIT AS DEFINED IN SEC. 26.104.100, DEFINITION. A CERTIFICATE OF OCCUPANCY WOULD BE DEFINED IN PRIOR TO OCCUPANCY OF UNIT 2. THIS CONDOMINIUM MAP DEPICTS EXISTING CONDITIONS. THE PROPERTY HAS APPROVALS TO ALTER THE DRIVEWAY CONFIGURATION. ONCE WORK IS COMPLETED, THE ALTERED DRIVEWAY SHALL BE DEPICTED IN A SUBSEQUENT MAP. PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE JOB 01/15 5184F r � 1 qw