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Application.109 E Hyman Ave.
300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 9, 2021 Ms. Amy Simon Planning Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Condo Plat Vacation – 109 E Hyman Avenue, Units A and B Ms. Simon: Please accept the attached application for the vacation of the existing condominium plat for the property located at 109 E Hyman Avenue. The property is an approximately 6,000 square foot lot located in downtown Aspen. The property contains a legally established single-family residence that was converted from a duplex in 2015. The property is zoned RMF, which allows for single family, duplex, and multi-family uses. The current owners of the property, HBN Family Trust, submitted a building permit in 2015 to renovate the existing building and combine the two units into a single home. The property was reviewed by the Building and Zoning Departments and was deemed to be compliant with underlying zoning dimensional requirements1. The property is considered to be both a conforming structure and a conforming use where all property records were updated with the exception of the outstanding condominium plat which should have been vacated subsequent to the Certificate of Occupancy in 2018. While the separate title commitments do not have any impact on the day-to-day use of the property, they do have a significant impact on the title chain, property taxes, and the ability to finance/refinance the home. The application proposes to vacate the existing Condominium Plat (Bk. 22 Pg. 58) in order to file single-ownership and amend associated home ownership documentation to reflect the current status of the property. The Land Use Code allows for condominiumization to “establish, amend, or vacate separate ownership interests of a single property in a Condominium or Common Ownership Interest Community for of ownership to be approved or approved with conditions by the Community Development Director.” 1 Of note, the renovation reduced the Floor Area of the duplex to be within the allowable thresholds for a single-family residence and confirmed compliance with dimensional requirements for the RMF Zone District. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM This proposed vacation of the condominium plat for 109 E Hyman Avenue meets the applicable standards within the Land Use Code and demonstrates good cause for the request. The additional attachments should provide everything outlined in the pre-application summary. If you have any questions, or we can provide you with further information to assist with your review please let us know. Kind Regards, Anna Reilly Thimons BendonAdams LLC Attachments: 1. Pre-Application Summary 2. Review Standards 3. LU Application Form 4. Agreement to Pay Form 5. HOA compliance 6. Authorization to represent 7. Proof of ownership 8. Vicinity Map 9. SFR CO 2018 10. Condo Plat to be Vacated 11. Notice to Vacate Condo Declarations and Covenants 12. Notice to Vacate Condo Plat 1. This was reviewed and approved (Permit #0095.2015.ARBK). PRE-APPLICATION CONFERENCE SUMMARY DATE: February 19, 2021 PLANNER: Kevin Rayes | kevin.rayes@cityofaspen.com | 970.429.2797 PROJECT NAME AND ADDRESS: 109 E. Hyman |Central View Townhome Condominiums | Condo Plat Vacation PARCEL ID# 2735-124-72-800 REPRESENTATIVE: Reilly Thimons | Bendon Adams DESCRIPTION: The subject property is in the Residential Multi-Family (R/MF) zone district and is improved with a free-market residence. The building was previously used as a duplex and has since been converted into a single- family dwelling.1 According to City records, only one address is associated with the property, which is consistent with the current use. However, County records still depict two distinct parcels, suggesting that separate ownership of the duplex was never vacated. A condo plat was approved by City Council and signed by the mayor in May 1989 (Book 22, Page 58). An accompanying subdivision exemption was also approved by Council shortly after (Book 593, Page 640). The condo plat needs to be vacated to memorialize a single -family dwelling on the property. This is an administrative action, to be reviewe d and approved by the Planning & Engineering Departments. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.480.050.A Condominiumization For your convenience – links to the Land Use Application, and the Land Use Code are provided below: Land Use Application | Land Use Code REVIEW BY: Community Development staff for complete application & content. Engineering Department for content. PUBLIC HEARING: None. PLANNING FEES: $3,250 Deposit for 10 hours of staff time (additional or less hours will be billed or refunded at a rate of $325 per hour) REFERRAL FEES: None. TOTAL DEPOSIT: $3,250 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: KEVIN.RAYES@CITYOFASPEN.COM Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Applicant’s name, address and phone number, within a letter signed by the applicant stating the name, address and phone number of the representative authorized to act on behalf of the applicant A draft plat that meets the requirements of Chapter 26.490, Approval Documents 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. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case. 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. HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted: Total fee for review of the application. 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. Sec. 26.480.090. - Subdivision amendments. (e) Plat Vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be reviewed by the individual or review body established in this Chapter as having jurisdiction for approving the plat or document. The individual or review body shall apply the applicable standards of review established in this Chapter and shall also consider whether the applicant has demonstrated good cause. If no review body has established jurisdiction, the document may be vacated by the City Council if good cause is demonstrated. RESPONSE: Condominiumization applications are reviewed by City staff and approved by the Community Development Director and it is the applicant’s understanding that this review will be undertaken by the Community Development Director as stated in Section 26.480.050 Condominiumization. Building permit files available date back to the 1950s and indicate the property has seen improvements over time – the most recent of which received a Certificate of Occupancy in 2018. This remodel converted the existing duplex into a conforming single-family residence and should have served as the trigger to vacate the existing condominium map. However, this was not pursued likely out clerical error. The applicant recently reached out to City staff to determine the status of the property and was told that while the City of Aspen understood the property to be a single-family residence, the County Assessor’s office still had the property listed as two separate units and parcels. This discrepancy is affecting the property’s ability to attain an updated legal description, title in single ownership, and accurate assessments and records of the property. The applicant would like to request to vacate the existing Condominium Plat from 1989 (Bk 22 Pg 58) and nullify the associated condominium documents in order to formally revert the property to single ownership to reflect its existing conditions and use. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 109 E Hyman Avenue 273512472800, 273512472001, 273512472002 Benjamin Nazarian rep HBN Family Trust Units A/B, Central View Townhomes Condo Common Area 109 E Hyman Avenue 9709252855 chris@bendonadams.com Chris Bendon, BendonAdams LLC 300 South Spring Street Suite 202 9709252855 chris@bendonadams.com Applicant is proposing to vacate the existing condo plat and nullify the associated documents in order to revert the property to a single ownership. The property is currently a duplex and will revert to a single family use which is allowed within the RMF Zone District. Condo Plat Vacation Administrative X XX X 3,250.00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner) Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and 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. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for 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 no-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 and 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. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 109 E Hyman Avenue, Aspen CO 81611 Benjamin Nazarian rep HBN Family Trust Units A/B, Central View Townhomes Condo Common Area Benjamin Nazarian rep HBN Family Trust, 9420 Wilshire BLVD #400, Beverly Hills, CA, 90212 310.801.2087 3,250.00 10 hannah.solton@therabodycorp.com nadia@omninet.com ben@therabodycorp.com Benjamin Nazarian Property Owner Document Ref: FEPA9-O7FC4-HCNMJ-JJPBZ Page 1 of 1 Signature Certificate Document Ref.: FEPA9-O7FC4-HCNMJ-JJPBZ Document signed by: Benjamin Nazarian Verified E-mail: ben@therabodycorp.com IP: 174.204.145.14 Date: 03 Mar 2021 20:00:11 UTC Document completed by all parties on: 03 Mar 2021 20:00:11 UTC Page 1 of 1 Signed with PandaDoc.com PandaDoc is the document platform that boosts your company's revenue by accelerating the way it transacts. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 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”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners association or covenant beneficiary. 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 document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: Benjamin Nazarian Benjamin Nazarian rep HBN Family Trust Units A/B, Central View Townhomes Condo Common Area hannah.solton@therabodycorp.com 310.801.2087 109 E Hyman Avenue, Aspen CO 81611 03/03/2021 Document Ref: KHWZY-VYMVP-NVAKY-JS7AK Page 1 of 1 Signature Certificate Document Ref.: KHWZY-VYMVP-NVAKY-JS7AK Document signed by: Benjamin Nazarian Verified E-mail: ben@therabodycorp.com IP: 174.204.145.14 Date: 03 Mar 2021 20:01:15 UTC Document completed by all parties on: 03 Mar 2021 20:01:15 UTC Page 1 of 1 Signed with PandaDoc.com PandaDoc is the document platform that boosts your company's revenue by accelerating the way it transacts. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM February 15, 2021 Phillip Supino Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 109 East Hyman Avenue, Condo Plat Vacation Mr. Supino: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in the 109 East Hyman application and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact us. Property – 109 East Hyman Avenue, Parcels A + B ; Aspen, CO 81611 Parcel IDs - 273512472800, 273512472001, 273512472002 Owners – HBN Family Trust / Benjamin Nazarian (Authorized Trustee) Kind Regards, Benjamin Nazarian 9420 Wilshire BLVD #400, Beverly Hills, CA 90212 Exhibit 6 Legal description – Parcel A - Condominium units A and B, Central View Townhomes Condominiums, according to the condominium map thereof recorded June 1, 1989 in Book 22 at Page 58 and as defined and described in the Condominium Declaration for Central View Townhomes Condominiums, recorded June 1, 1989 in Book 593 at Page 642. Parcel B - Common Area, Central View Townhomes Condominiums, according to the condominium map thereof recorded June 1, 1989 in Book 22 at Page 58 and as defined and described in the Condominium Declaration for Central View Townhomes Condominiums, recorded June 1, 1989 in Book 593 at Page 642. Document Ref: YWGSD-7C6KW-HIVRU-KI9DK Page 1 of 1 Signature Certificate Document Ref.: YWGSD-7C6KW-HIVRU-KI9DK Document signed by: Benjamin Nazarian Verified E-mail: ben@therabodycorp.com IP: 174.204.145.14 Date: 03 Mar 2021 19:59:36 UTC Document completed by all parties on: 03 Mar 2021 19:59:36 UTC Page 1 of 1 Signed with PandaDoc.com PandaDoc is the document platform that boosts your company's revenue by accelerating the way it transacts. Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62012418-2 Date: 02/24/2021 Property Address:109 E HYMAN AVE # B, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Processor For Title Assistance Kimberly Szczesny 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (303) 393-4870 (Work Fax) kparham@ltgc.com Contact License: CO414945 Company License: CO44565 Marc Obadia 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mobadia@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower TO BE DETERMINED Delivered via: Electronic Mail REILLY THIMONS Attention: REILLY THIMONS REILLY@BENDONADAMS.COM Delivered via: Electronic Mail Seller/Owner HBN FAMILY TRUST Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:Q62012418-2 Date: 02/24/2021 Property Address:109 E HYMAN AVE # B, ASPEN, CO 81611 Parties:TO BE DETERMINED HBN FAMILY TRUST DATED JULY 8, 2008 ( AS TO PARCEL A) AND CENTRAL VIEW TOWNHOMES HOMEOWNERS ASSOCIATION (AS TO PARCEL B) Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 03/31/2014 under reception no. 609027 Pitkin county recorded 04/09/2014 under reception no. 609320 Plat Map(s): Pitkin county recorded 06/01/1989 at book 22 page 58 Copyright 2006-2021 American Land Title Association. All rights reserved. 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. Property Address: 109 E HYMAN AVE # B, ASPEN, CO 81611 1.Effective Date: 02/12/2021 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 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: HBN FAMILY TRUST DATED JULY 8, 2008 ( AS TO PARCEL A) AND CENTRAL VIEW TOWNHOMES HOMEOWNERS ASSOCIATION (AS TO PARCEL B) 5.The Land referred to in this Commitment is described as follows: PARCEL A CONDOMINIUM UNITS A AND B, CENTRAL VIEW TOWNHOMES CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED JUNE 1, 1989 IN BOOK 22 AT PAGE 58 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CENTRAL VIEW TOWNHOMES CONDOMINIUMS, RECORDED JUNE 1, 1989 IN BOOK 593 AT PAGE 642. COUNTY OF PITKIN, STATE OF COLORADO PARCEL B COMMON AREA, CENTRAL VIEW TOWNHOMES CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED JUNE 1, 1989 IN BOOK 22 AT PAGE 58 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CENTRAL VIEW TOWNHOMES CONDOMINIUMS, RECORDED JUNE 1, 1989 IN BOOK 593 AT PAGE 642. COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62012418-2 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62012418-2 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.RELEASE OF DEED OF TRUST DATED APRIL 29, 2015 FROM HBN FAMILY TRUST DATED JULY 8, 2008 ( AS TO PARCEL A) AND CENTRAL VIEW TOWNHOMES HOMEOWNERS ASSOCIATION (AS TO PARCEL B) TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF U.S. BANK N.A. TO SECURE THE SUM OF $2,647,000.00 RECORDED MAY 08, 2015, UNDER RECEPTION NO. 619637. (AFFECTS UNIT A) 3.RELEASE OF DEED OF TRUST DATED APRIL 29, 2015 FROM HBN FAMILY TRUST DATED JULY 8, 2008 ( AS TO PARCEL A) AND CENTRAL VIEW TOWNHOMES HOMEOWNERS ASSOCIATION (AS TO PARCEL B) TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF U.S. BANK N.A. TO SECURE THE SUM OF $2,568,000.00 RECORDED MAY 08, 2015, UNDER RECEPTION NO. 619638. (AFFECTS UNIT B) 4.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR HBN FAMILY TRUST DATED JULY 8, 2008 ( AS TO PARCEL A) AND CENTRAL VIEW TOWNHOMES HOMEOWNERS ASSOCIATION (AS TO PARCEL B) RECORDED MARCH 31, 2014 AT RECEPTION NO. 609026 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES BENJAMIN NAZARIAN AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 5.THE FULLY EXECUTED TRUST AGREEMENT OF HBN FAMILY TRUST DATED JULY 08, 2008, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD. 6.WARRANTY DEED FROM HBN FAMILY TRUST DATED JULY 8, 2008 ( AS TO PARCEL A) AND CENTRAL VIEW TOWNHOMES HOMEOWNERS ASSOCIATION (AS TO PARCEL B) TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 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.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED JANUARY 31, 1888 IN BOOK 59 AT PAGE 334, 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. 9.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JUNE 01, 1989, IN BOOK 593 AT PAGE 642. 10.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JUNE 01, 1989, IN BOOK 593 AT PAGE 675. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62012418-2 11.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF CENTRAL VIEW TOWNHOMES CONDOMINIUMS RECORDED JUNE 01, 1989 IN BOOK 22 AT PAGE 58. 12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF REVOCABLE ENCROACHMENT AGREEMENT RECORDED MARCH 12, 2018 AS RECEPTION NO. 645747. 13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF MAINTENANCE AGREEMENT RECORDED APRIL 18, 2018 AS RECEPTION NO. 646690. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62012418-2 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: 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 8-1-2 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: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) 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. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) 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. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 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 as agent 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 your 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 obtain either 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 may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. 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 assess 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 STATED ABOVE OR 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. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation 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: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) Certification of Trust TRUST Name of Trust INFORMATION I HBN Family Trust Date of Execution of Trust Instrument The Trust is: July 8, 2008 ® Revocable" ElIrrevocable Initial Settlor(s): Current Trustee(s): Benjamin Nazarian and Hedyeh Nazarian Benjamin Nazarian and Hedyeh Nazarian Initial Trustee(s): *If the Trust is revocable, the person(s) having the power to revoke the Trust is/are listed below: Benjamin Nazarian and Hedyeh Nazarian Benjamin Nazarian or Hedyeh Nazarian TITLE TO TRUST ASSETS SHOULD BE TAKEN AS FOLLOWS: HBN Family Trust ATTACHED IS A COPY OF THE TRUSTEES' POWERS EXCERPTED FROM THE TRUST. THE TRUSTEE(S) OF THE TRUST IS/ARE AUTHORIZED TO EXERCISE SUCH POWERS. THE FOREGOING POWERS OF THE TRUSTEES MAY BE EXERCISED UPON: ❑ the signature of all of the Trustees. ® the signature(s) of one of the Trustees. I/WE HEREBY CERTIFY THAT THE ABOVE AND FOLLOWING INFORMATION IS TRUE: 1) The Trust is in full force and effect; 2) The Trust has not been revoked, modified or amended in any manner that would cause the representations contained in this Certification of the Trust to be incorrect; and 3) The undersigned are qualified to act under the Trust and are authorized to exercise the power described above. The undersigned declare(s) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SIGN HERE ® Benjamin Nazarian 9/11/2012 Beverly Hills, CA IDSigna a (Tres Print Name Date City, State Signature (Trustee) Print Name Date City, State ID Signature (Trustee) Print Name Date City, State Signature(Trustee) Print Name Date City, State NOTARIZATION IS REQUIRED State of California LDt ) County of S On 11. 20Z, before me, S1 e pkz i e D. ACi-e— Notary Public, personally appeare who proved to me on the basis of satisfactory evidence to be the persons} whose name(e) is subscribed to the within instrument and acknowledged to me that he/aheAhey executed the same in his/4e#their authorized capacity0ee), and that by his/4erat+► 4"f Inature(4on the instrument the persons, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /ITNESS my hand and official seal. STEPHANIE D. ACRE G� c COMM, #1964999 Z ignature (Seal) ° Notary Public - California c Los Angeles County Came. Expires Dec. 29, 2g15 sate of California ) ounty of Los Angeles ) LA1542729.1 053049-01229 Exhibit 8 109 East Hyman – Vicinity Map Certificate of Occupancy Aspen Community Development Department This certificate issued pursuant to the requirements of the 2009 edition of the International Residential Code, section R110. It certifies that at the date of issuance, the structure as described below was in compliance with the various resolutions and ordinances regulating building construction and use in this jurisdiction. Use Classification: Building Permit: Legal Description: Building Address: Owner of Building: Owner Address: Group: Type of Construction: Use Zone: Description: SFR 0095.2015.ARBK SUB: CENTRAL VIEW TOWNHOMES UNITS: A, B 109 E HYMAN ASPEN, CO 81611 HBN FAMILY TRUST 9420 WILSHIRE BLVD #400 BEVERLY HILLS, CA 90212 NUM plc RIME LOWER LEVEL: 2 BEDROOMS, 4'% BATHROOMS, PLAYROOM, LAUNDRY ROOM, MECHANICAL ROOM, STORAGE ROOM, ELEVATOR, ATTACHED 2 CAR GARAGE MAIN LEVEL: MASTER BEDROOM, 3 BEDROOMS, 1 FULL BATHROOM, 3 % BATHROOMS UPPER LEVEL: DINING/KITCHEN/GREAT AREA, POWDER ROOM, OFFICE Comments: BUILDING INCLUDES: NFPA 13D FIRE SUPPRESSION SYSTEM 1362 SQUARE FEET OF SNOWMELT ELEVATOR Building Official MIKE METHENY oI 6 Date .Am= O 5 10 20 30 FEET {1 Y M A N IA\ Y < 74. ao t=T. W(M) o ""— NEV/ C.ONCRET� 5(MWAL r J"'O' FoUNt7 REf? ri PLAST l G CAP, L . 5. 9 l 84 C 1 TK f✓10NUM ENJT N. W. CDR • (; plAS15 OF e,F� INS 4.0' 14� G I i�EPJ►4fz s4 n-•4. ar S 75�Oq'll'�� 7 9 , Coo Oo ' N d J C. I`-. r UI �y A - I 4.I 014 LD j4 2 ° ♦fig' '5 j Ji i a I �I V I Two 17rm'i flUPL E.X I 8IN WATER ME f�C Z owl wa:rm "ere& I I w MEGT c &4E.TRt5/P(7Tif I.NIM � I V I� I r-- — — — — 2•7F!-1 I rAVEP PA1r,0-& KAMP J 1� Z Co, x 5' LIT ILIT•1 ' 60 co, I to Tr-L • N 541011)' 11 it W 5ET > 10Eryi�IC 1'LA • `- 5ET ' K E 17^1'C 4 PCA, GAP • L,�i. ZO151 C.AP, L•'�- 20(51 L L L Y - Io L K. 20, 2 FT W( Pr-) �-- Al L- UNb�C�ROUNp CTi (L M f E5 • I ►v ALLEY P z QI0 NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within 3 years after you first discover such defect. In no went may any action (Hued upon any defect in this survey be commenced more than ten years from the date of the certification shown woom Alpine Surveys, Inc. Post Office Sac im � 81612 303 925 VIGIN ITY MA'P O'W F-x47 FRAMC K0O ,6 it K(G4�D R LEw(5 1150 v►E AYE, ASPEN, C nLC WrV , ' tf 1 Co 1 I ��03) q2o • 3aO�F• tJE5f6NF-R,: NWZK WAKKEN (52fi5 ST. ; SU(Tt- 3CO P50LX-DEK, COI_DlCAI" , 90302. (303) 44 2 - 1201 d1pUKVF-Y0R, ; ALFINZ sc�v rt•�c, f 0• P. 1'7�0 A�a'`f, COI-GICi�IX�, b l t:12 NIOKT czw�''S m K'T n GATE. : THE UNt7EK5I&NEt7 ON PSEf-IALF OF 7K \TCHM I'SNJt�, FFl�EIG�I_ 5A�/l(VGS 1'.arWIC, A5 HOLDF-K (Z)FA T,)EEID CT TRUST THE. KCAL_ PICOPl=1KTzf UPON WHICH CE,NTKAL. VIaW T0WtAH0N -V-* C-CNP( Xv11NIUN1�� AXE 51TUATG, HEKEI5-1 C.ONSENCT� is THE F(L II`,& of REC-pKp OF TH(4i CDN0C)MIUM N Ar AND 7HF C01'�fi NI LJM I ZAMON CF F* lP Kr -AL. PKorr-mT'1, THA SK, FEDERAL WIl`Y� mAjN `, A,-rE OF GOl-OKAJx'> C OUt-rrq (::)F PI TKI(mil 744E RCRF_GOI NCB MORT 1✓'S GEI�Tt F ICAT WA fC FOr mr- TN 1'S L rA l OF I`f 8°l',it EmbasM WIT S Mti r-tAlgp AND FICIit1 SE�'ot._. NWt ( PIECES U IM1 + • .• �1ra(wal. y61 C.C. Plevisione S • 18 - b 9 m b . K . /// (go : '9' CENTRAL VIEW TOWNHOMES CONDOMINIUMS O'WNEiZ'� CE.l�TI FIC�\TE KNOW ALL M1=.N f5-1 TI-tESE f RE5ENT5 THAT FFAN1<, K0� A1412 RIC41APCD a LEW15, ft'El N(STHE I`EfECeDK0 DWNme? bF GF-szTF' IN IN THE CIT�f or ASPEN PITK(N COUNT`1, C 1_0K YO, ,j,- I�ESCI�fr�Es� HERFIN, PO F-IEREP�1 CEK7ff-1I TI-{AT T"I--3 FLAT OF CENTfz/A.l_ VIEW T01✓NHOMES C-ONt�X�f�i I t�tl UMr'� t i/�5 PJE(=t�l PRE FARED PL)P t'UANT TO FAT GEK-TA I N "')TATEMENT OF FXP-M PT(ON II FKOM THE FULL 12-0')f7N PKDGE55 GKA"TiED rrf THE- ,OPEN CITh COU) 4G(L. ON MAY 22-, 11"tt" ANQ KECokUEp 1V5(OI , IqM IN 1`51� "-f AT PA6r- ! yo OF THE 9ECc>KP'5 OF PI T KI N COON Tit, ar^po At4p F L)K'5L r TV -rHF- FUK r'05E .,TA -FtD IN It-jF GCNMM I N I C>f vt D1=C L MCAT I ON FZJ}C -j}{ £ GIJJTf_ I E yW -rp�i yN H O M E.� CONt'�O M I N I U (� Iet=LDRr7Et� Q.v+�i - .�, 118`i IN 1700Kc A-[ O�%A117 KECo4ZQ5. n r, MCHAW b.L-tEwlt' STATE OF COL.ORAfXD GDUNT't OF PITKIN THE OKE6©ING OWNEI!'"J CEr-TIFICATr- WA\,-) Ac<NOWLE(XrEt7 nE:FOZE ME THIS t Y7�4`f of I`i 89, " FK^NK RoS-5 A QV K I D. L W pWN FIK-5 . WITNt� M`l 1-1i':NI"7 AN17 OFFIGI/lL,� . Mj COMM1N PI N OTNZ41 �FU IC A�t7IClE`i'i� 05UKVEY0IC'3 Gi12TIFIG^T : DAMIEL F. M`KEt-(Z(E, CF-rMF41 TI-•V\T IN NIAXICH pF I'101, A SUKVE°I WA-7 PERFC)KMEV UNn1 fC MN tDIIrFrTION ANt'? 5(JPI✓fZ\,/151c-)N OF LOTS C ANt7 0, (-)LOCK. G'I, Cl" ANI'D TChYNy1TE OF A4? PEN, CPL.OICA ; T>;-LAT THE TWO Srrr->K 1 YvtCP Fr^MF- At -JD W, 7CNK"1 VUPLEX V✓A`i FCC"D 70 M LOCATEf7 AS 4iOwN ON N AF THE L.aCAT107 4 ANI7 r) I AAE•NS(ON1:5 Or THF- r-aOUN17AKq L I NL1i, CIT I f T (E.`), I MPRC,/EM EM� /Wr EASE METCCS IN EV (DENCE or KNOWN 'Ta f''1E A}C)✓ ACCUIC^T>`L�i iDWN Ol�l THIS Nf/�t' ANt� THE t�1AP ACCUK/�TZi-`( A4V SUD`JTANT(AL.L`f r7E.PIC� TI-e L-CSC^T(OtN OF T1H11: 17UILtOINC' Alb THE VEKT(G�.L. A V THE HORIZONTAL PIMEN71t � OF 7HF- INrDI\/l pUAI • �.I R SrAGE uN I-7') OF THE CENTKAL V lfW -TAW N "0MErj CONC"X�)MI N f Utz TH"EfN AJWt7 THCfKF-Ot-4, THE UNIT DE5(GKATICPI'� T;-IrKZCF UNt7E1r T+fE lN5T1[UGTI(j4`j P90V(tDE 0 ME t 1 THt CWNirlt, 1--iE M1=A`�I EMEI�tT'S OF �1, UN I T" aN1•j Ti- ELEV/I.TiDNS or 7+4r, F-LCCRo) AND Ce 1 t_ iNG>"':). SAm l l-5o ^C- KATEL"f rDn I'(c-T,) ALL Et,4cr 0/^c-- Njffrcr" " Cr, dN THE ,7CJ60ECCT KF-FEKEJJCF- lh H>=.KEI7�1 M%t�E TO PlTKI1J CAUNTLI TtTLG, 1NG. lZf-TITLE t b( IUq (A17 e I - ee) 65-DI-097�3(4- FDIC. MEN► OF REGc�) ( THr- ONLH EA�ME,NT qC IZtCOKt7 V�/A5 f�bCplCt7£f� IN TtjU01< I'" AT PKOE •d4Co AND IS NO L-��NC�E.IC IN EFFEGTJ E.xF.�c uTEn T1-+I� �_ C7iE'1 Or_��✓ • ALPINE t7`I p/'WIEL F. M`KENZIE, L.�. 2015t ASPEN GIT'1 COUNCIL. ArPW0 ,,%-. 7H"5 C0ND0MINIC>f'4 PLAT Or CENTIeAL VIE.ut/ `TOWNHOME`) C THE CIT4 OF /\SPEN C(T`f COUNCIL ON -TFt£ I L SlGNE17 -P41`7 —Z 17AK OF 7 _,) �10 �OAI ' ATTM: CfTq CLC.J G ITti EN&I N F-Ft" APP lC,IC VAL, : N(L*� WAS APrRCNET7 r,,l I41 M. _, 6"as F ,^GIT�I ENGINE-EJC FOR THE CIT`t OF , TASPEN, C_OL.DRA Ao too HE�P)ti ArMC>y N(5 CD>,IUOMfN(OM f LAT C--r GENTKAL �',(E N>"�OMINlUMS �i C" ENGINEER - IN'TW(&j • GLERhC � 1lCEC.ORf�F�C'7 /1GGEPTi,IVC� iNlS PLAT wAo) FfLEv f=or, KECOK O IN Tie OFFICE oF Ti44 t✓Lr=KK D KFCORIDM Of= f ITICIN CC.trH, CDLc�tZAl-�O, AT�L�C LOCrC , M • , THEt�'t OF IN TH `1 EA1C. Iga"i, AHP 15 KfC.0Kr-)FIN PLAT rz�c_�� AT PAGES .'sue 1-- f,p . 3 / 19 Y -_ . -YjAi'k/ - CLEICK 4 K DCrw, TITL.r- GCftTIFjc^TZ: 1'ITKIN CahrT'f TITLE, INC., A DUL'f LlCEN'5ED T(TLC IN`ILC Icy ACC"r• IN THE. 7TATI= OF 40CM 1 CEKTI F I E7 Tf- Kr : F KAN K rot Al`t D K 1 C-H/* CD V. L EYVt'7 TE THE O JERK, I N FYZ 5 ('Mf'LF-, OF Ca4DOf41NIUM UNITS A 4 F!�, GENIKAt- YIE.W `TDWNHOMES CtNoomINIUM-rj , nxmeRL-h 1DE5GC (17ED A`2 LOT7 C 4 T7 , PAL tx'.K Co q , C f T`1 A TDWN'S I r- OF AWN, cOL oMAPO, �tJhcOEGT TD MENT'7,ES OIL R.EC,oRt�, toQ.T1En 1 AN I� 8'I, i jVTKIN C;r 4-r-i -T ITLr-, INC, FYI: V I NCEiIrr STATE OF COW KA%� S. h COL*4M OF r rT K I N THE WL- -r(Tl-E CF-KTJ F 6C^TE. VA"? ACK(y C7F l9t39, h-I V(cv-TT iT H(GEN`i, A5 f K r � wl'iN�j r..>wt �••Kl�rj � �Ff"1CIAL S�aL.. f'I CO fLti ►► S<il Oly EX P EKES : t�C71 TRIO C-oNr-omjNI ENS, PRtcSlf7t�T' O Oma I - AV!- -� 333 Job No 89 - )? CIi" A.C.>7. March 9, 2021 City of Aspen Planning & Zoning Attn: Phillip Supino 130 S. Galena Street Aspen, CO 81611 Re: Notice to Vacate All Covenants for Central View Townhomes Condominiums HBN Family Trust, owner of record of Parcels A (Units A and B) and B (Common Area), of Central View Townhomes Condominiums, Pitkin County, Colorado, hereby vacates all declarations and covenants for Central View Townhomes Condominiums, as recorded on June 1st, 1989, in Book 593 at Page 642, Reception #: 311944 and as recorded on June 1st, 1989, in Book 593 at Page 675, Reception #: 311946. __________________________________________ _____________________________ Owner: HBN Family Trust Date Authorized Trustee: Benjamin Nazarian STATE OF } COUNTY OF } I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared BENJAMIN NAZARIAN, as the Authorized Trustee of HBN Family Trust, who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and who produced ________________________________________ as identification. WITNESS my hand and official seal in the County and State last aforesaid, this ___________ day of March 2021. ____________________________________ NOTARY PUBLIC STATE OF Name: _______________________________ My commission expires: THE CITY OF ASPEN ACKNOWLEDGES the vacation of certain declarations and covenants associated with the Central View Townhomes Condominiums and the plat map thereof vacated by the City of Aspen pursuant to reception no._______________, Pitkin County Recorder. __________________________________________ _____________________________ City of Aspen Date By: March 9, 2021 City of Aspen Planning & Zoning Attn: Phillip Supino 130 S. Galena Street Aspen, CO 81611 Re: Notice to Vacate Condominium Plat: Parcels A (Units A and B) and B (Common Area), Central View Townhomes Condominiums HBN Family Trust, owner of record of Parcels A (Units A and B) and B (Common Area), of Central View Townhomes Condominiums, Pitkin County, Colorado, (109 East Hyman Avenue, Aspen, CO 81611) hereby requests that the City of Aspen vacate the condominium plat for Parcels A (Units A and B) and B (Common Area), Central View Townhomes Condominiums, Colorado 81611 as recorded on June 1st, 1989, BK 22 PG 58, Reception No. 311945. Legal Description: PARCEL A CONDOMINIUM UNITS A AND B, CENTRAL VIEW TOWNHOMES CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED JUNE 1, 1989 IN BOOK 22 AT PAGE 58 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CENTRAL VIEW TOWNHOMES CONDOMINIUMS, RECORDED JUNE 1, 1989 IN BOOK 593 AT PAGE 642. COUNTY OF PITKIN, STATE OF COLORADO PARCEL B COMMON AREA, CENTRAL VIEW TOWNHOMES CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED JUNE 1, 1989 IN BOOK 22 AT PAGE 58 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CENTRAL VIEW TOWNHOMES CONDOMINIUMS, RECORDED JUNE 1, 1989 IN BOOK 593 AT PAGE 642. COUNTY OF PITKIN, STATE OF COLORADO __________________________________________ _____________________________ Owner: HBN Family Trust Date Authorized Trustee: Benjamin Nazarian STATE OF } COUNTY OF } I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared BENJAMIN NAZARIAN, as the Authorized Trustee of HBN Family Trust, who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and who produced ________________________________________ as identification. WITNESS my hand and official seal in the County and State last aforesaid, this ___________ day of March 2021. ____________________________________ NOTARY PUBLIC STATE OF Name: _______________________________ My commission expires: Pursuant to Aspen Municipal Code 26.480.090 and the above request to vacate, the plat map for Parcels A (Units A and B) and B (Common Area), Central View Townhomes Condominiums recorded at Plat Book 22, Page 58, as Reception No. 311945 with the Pitkin County Recorder is hereby vacated by the City of Aspen. __________________________________________ _____________________________ City of Aspen Date By: