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HomeMy WebLinkAboutOwnership Certificate (204 South Galena Street)(2022) (54583791v1) 54583761.1 730 East Durant Avenue, Suite 200, Aspen, CO 81611 Telephone: 970.925.6300 shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com March 18, 2022 City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Re: 204 South Galena Street, LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 204 South Galena Street, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 204 South Galena Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lots A, B and C, Block 94, City and Townsite of Aspen, County of Pitkin, State of Colorado. The entity 204 South Galena Street, LLC owns the Subject Property, subject only to the following matters of record: 1. Reservations or exceptions as to any mine of gold, silver, cinnabar or copper, or to any valid mining claims or possession held under existing laws, contained in Deeds recorded October 6, 1887 in Book 59 at Page 3 and November 21, 1887 in Book 59 at Page 101. 2. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution #18, Series of 2012 recorded August 27, 2012 at Reception No. 591643. 3. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution #34, Series of 2012 recorded January 8, 2013 at Reception No. 595906. 4. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution #3, Series of 2013 recorded February 25, 2014 at Reception No. 608191. 2 54583761.1 5. Terms and provisions of Occupancy and Use Deed Restriction Agreement Regarding Subgrade Space dated April 9, 2014 from 204 South Galena Street, LLC, recorded April 14, 2014 at Reception No. 609434. 6. Terms and provisions of Revocable Encroachment License Application recorded May 1, 2014 at Reception No. 609960. 7. Terms, conditions, provisions, obligations and agreements as set forth in the Stormwater Best Management Practices Operations and Maintenance Agreement recorded January 4, 2016 at Reception No. 626084. 8. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated November 6, 2019 between and 305-7 Mill Street LLC, recorded November 7, 2019 as Reception No. 660253. 9. Assignment of Leases and Rents dated November 6, 2019 between LoanCore Capital Credit REIT LLC, a Delaware limited liability company and 305-7 Mill Street LLC, recorded November 7, 2019 as Reception No. 660254. 10. Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of July 6, 2020 between Loancore Capital Credit REIT LLC, a Delaware limited liability company as assignor and LCC Warehouse I LLC, a Delaware limited liability company as assignee recorded July 6, 2020 as Reception No. 7665615. 11. UCC Financing Statement between 305-7 Mill Street LLC, as debtor, and LoanCore Capital Credit REIT LLC, as secured party, recorded November 7, 2019 as Reception No. 660255. 12. Assignment of Assignment Leases and Rents dated July 6, 2020 between LoanCore Capital Credit REIT LLC, a Delaware limited liability company as assignor and LCC Warehouse I LLC, a Delaware limited liability company as assignee recorded July 6, 2020 as Reception No. 665622 and as Reception No. 665623. 13. Amendment of UCC Financing Statement between LoanCore Capital Credit REIT LLC, a Delaware limited liability company as assignor and LCC Warehouse I LLC, a Delaware limited liability company as assignee recorded July 7, 2020 at Reception No. 665802. 14. Omnibus Amendment to Deeds of Trust, Assignments of Leases and Rents and Security Agreements dated July 12, 2021 to be effective as of March 19, 2021 between 414-422 East Cooper Avenue, LLC, 434 Eat Cooper Avenue, LLC, 730E. Cooper, LLC, 419 East Hyman Avenue, LLC, 232 East Main Street, LLC, 305-7 Mill Street LLC, 312 East Hyman Avenue, LLC, 517 East Hopkins Avenue, LLC, 411 East Hyman Avenue, LLC, 413 East Hyman Avenue, LLC, 204 South Galena Street, LLC and West Hallam Holdings, LLC and LCC Warehouse I LLC, a Delaware limited liability company recorded July 26, 2021 as Reception No. 678834. 3 54583761.1 15. Omnibus Amendment to Assignment of Leases and Rents dated July 12, 2021 to be effective as of March 19, 2021 between 414-422 East Cooper Avenue, LLC, 434 Eat Cooper Avenue, LLC, 730E. Cooper, LLC, 419 East Hyman Avenue, LLC, 232 East Main Street, LLC, 305-7 Mill Street LLC, 312 East Hyman Avenue, LLC, 517 East Hopkins Avenue, LLC, 411 East Hyman Avenue, LLC, 413 East Hyman Avenue, LLC, 204 South Galena Street, LLC and West Hallam Holdings, LLC and LCC Warehouse I LLC, a Delaware limited liability company recorded July 26, 2021 as Reception No. 678835. This letter shall further confirm that as the owner of the Subject Property, 204 South Galena Street, LLC has the right and authority to file and pursue land use applications, building permit applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. Sincerely, Curtis B. Sanders