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Home My WebLink AboutApplication.300 S Spring St.LPA-21-107.2021116CITVOF ASPE.~ PRE-APPLICATION CONFERENCE SUMMARY DATE:October 7,2021 PLANNER:Kevin Rayes I kevin.rayes@cityofaspen.com I 970.429.2797 PROJECT NAME AND ADDRESS:300 S.Spring Street I Condominiumization PARCEL 10#2737-182-27-804 REPRESENTATIVE:David Myler I The Myler Law Firm I dmyler@mylerlawpc.com DESCRIPTION:The subject property is in the Mixed-Use (MU)zone district and is improved with a commercial building containing several offices.A demising wall between Units 300 and 301 was recently removed to create a single office.The applicant is interested in condominiumizing the new unit to memorialize the new configu ration. The property is currently condominiumized via the Condominium map of 300 S.Spring Street (Book 98,Page 1).To memorialize the new unit configuration and ownership,the existing condo plat should be amended pursuant to Land Use Code Section 26.480.050,Administrative Subdivisions.The amendment will depict the revised design of the new units and update any change in ownership. Section Title Common Development Review Procedures Condominiumization -links to the Land Use Application,and the Land Use Code are provided below: Land Use Application I Land Use Code ity Development staff for complete application &content. ng Department for content. for 2 hours of staff time (additional or Lesshours will be billed or rate of $325 per hour) 325 for one hour of review time. ICATION TO:KEVIN.RAY CITYOFASPEN.COM ication and signed Fee Agreement. nce Summary (this document). address and phone number,within a letter signed by the applicant stating the s and phone number of the representative authorized to act on behalf of the applicant o A draft plat that meets the requirements of Chapter 26.490,Approval Documents David Myler to hand deliver Page 11 D 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.See prior approval from City of Aspen ~HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff,the following items will then need to be submitted: []I 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 mayor may not be accurate.The summary does not create a legal or vested right. Page I 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN Agreement to Pay Application Fees An agreement between the City of Aspen ("City")and Add f P t 300 S Spring St Units 300&301ress0ropery:_ Pleasetype or print in all caps Art Museum LLCPropertyOwnerName:'...David MylerRepresentativeName(If different from Property Owner)_,_:-=--_ $.flat fee for _$.flat fee for _ Billing Name and Address -Send Bills to: Family Office PO Box 24540 Oklahoma City,OK Contact info for billing:e_mail:familyoffice@loves.cOm Phone:405-242-2479 I understand that the City has adopted,via Ordinance No.20,Seriesof 2020,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,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 servicesindicated.I understand that these flat fees are non-refundable. $.flat fee for _$.flat fee for _ For deposit casesonly:The City and I understand that becauseof 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 processingthe 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 sent 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 consequencesfor 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 processingmy application at the hourly rates hereinafter stated. $650 deposit for2 hours of Community Development Department staff time.Additional time above the deposit amount will be billed at $325.00 per hour. s 325 deposit for 1 hours of Engi deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino,AICP Community Development Director City Use: FeesDue:$Received$_ PRINT Name: Title:Manager Case#___ April 2020 City of Aspen 1130 S.Galena St.I (970)920 5090 --_._-- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN LAND USE APPLICATION Project Name and Address:300 S Spri ng St Units 300&301 ParcellD #(REQUIRED)2737-182-27-804 APPLICANT: Name:Art Museum,LLC Address:PO Box 24540 Oklahoma City,OK 73124 Phone #:405-242-24 79 email:familyoffice@loves.com REPRESENTIVATIVE: Name:David Myler Address:211 Midland Avenue,Suite 201 Basalt,CO 81621 Phone#:970-927 -0456 email:dmyler@mylerlawpc.com Description:Existingand ProposedConditions The subject matter is in the Mixed-Use (MU)zone district and is improved with a commercial building containing several offices. A demising wall between Units 300 and 301 was recently removed to create a single office.The applicant is interested in condominiumizing the new unit to memorialize the new configuration. The property is currently condominumized via the Condominium map of 300 S Spring Street (Book 98,page 1).To memorialize the new unit configuration and ownership,the existing condo plat should be amended pursuant to Land Use Code Section 26.480.050,Administrative Subdivisions.The amendment will depict the revised design of the new units and update any changed in ownership. Review:Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS)required fields: Net Leasable square footage 19.5 Lodge Pillows Free Market dwelling units _ Affordable Housing dwelling units __Essential Public Facility square footage _ Have you included the following?FEESDUE:$__6"-,5",,,0 _ §Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form DAII items listed in checklist on PreApplication Conference Summary April 2020 City of Aspen 1130 S.Galena St.1 (970)920 5090 ART MUSEUM,LLC PO BOX 24540 OKLAHOMA CITY,OK 73124 405-242-2479 October 15,2021 City of Aspen Attn:Kevin Rayes Dear Kevin: Please accept this letter as authorization for David Myler to represent Art Museum,LLC as it relates to the process of memorializing the new unit configuration of Units 300 &301 at 300 S Spring St.David's contact information is as follows: David Myler dmyler@mylerlawpc.com 211 Midland Avenue,Suite 201 Basalt,CO 81621 970-927-0456 Si\: Doug Stus I Manager,A Dstussi@lo s.com 405-302-6695 .------------------------ This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. Thi s Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Pa rt I-Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 1 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado Commitment ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1052724-CO COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY 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, First American Title Insurance Company, a Nebraska 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 six months after the Commitment Date, t his Commitment terminates and the Company's liability and obligation end. If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 2 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “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. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “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. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “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. (g) “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. (h) “Title”: The estate or interest described in Schedule A. 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, this 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: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions. 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 (a) 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: (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. (b) 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. (c) 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. (d) 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. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) 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. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 3 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) 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. (d) 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. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) 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. 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. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 4 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1052724-CO Transaction Identification Data for reference only: Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office: 1380 17th Street, Denver, CO 80202 Commitment No.: NCS-1052724-CO Phone Number: (303)876-1112 Property Address: 300 Spring Street #300 and #301, Aspen, CO Issuing Office File No.: NCS-1052724-CO Revision No.: 1 SCHEDULE A 1. Commitment Date: October 07, 2021 at 5:00 PM 2. Policy or Policies to be issued: None, See Schedule B, Part I (a) ☐ ALTA® Owner's Policy (6-17-06) Proposed Insured: Proposed Policy Amount: $ (b) ☐ ALTA® Loan Policy (6-17-06) Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Art Museum, LLC, an Oklahoma limited liability company 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 5 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1052724-CO Commitment No.: NCS-1052724-CO The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Units 300 and 301, 300 South Spring Street, A Condominium, according to the Condominium Plat thereof recorded May 31, 2011 in Plat Book 97 at Page 1 and the Supplemental Condominium Plat recorded April 24, 2012 in Plat Book 99 at Page 79 and as described in the Declaration of Covenants, Conditions, and Restrictions for 300 South Spring Street, a Condominium recorded May 27, 2011 as Reception No. 580190, Amendment No. 1 recorded August 1, 2011 as Reception No. 581586, Amendment No. 2 recorded December 14, 2011 as Reception No. 585109, Amendment No. 3 recorded April 24, 2012 at Reception No. 588448 and Supplemental Declaration recorded April 24, 2012 as Reception No. 588449, Amendment No. 4 recorded February 5, 2015 at Reception No. 617212, Amendment No. 5 recorded June 27, 2016 at Reception No. 630266, County of Pitkin, State of Colorado. For informational purposes only: APN: 273718227117 as to Unit 300; and APN: 273718227108 as to Unit 301 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 6 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1052724-CO Commitment No.: NCS-1052724-CO SCHEDULE B, PART I Requirements LIMITATION OF LIABILITY FOR INFORMATIONAL REPORT IMPORTANT – READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN’S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS-IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN’S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT’S USE OF THE INFORMATION HEREIN. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 7 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule BI & BII (Cont.) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1052724-CO Commitment No.: NCS-1052724-CO SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 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 land survey and 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, material or equipment, unless such lien is shown by the Public Records at Date of Policy and not otherwise excepted from coverage herein. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights, claims of title to water, in, on or under the Land. 8. Any existing leases or tenancies. 9. Reservation of minerals as set forth in Deed recorded Book 59 at Page 150. 10. Terms, conditions, provisions, obligations and agreements as set forth in the Agreement recorded October 2, 1985 in Book 496 at Page 371. 11. Terms, conditions, provisions, obligations and agreements as set forth in the Subdivision Agreement recorded October 2, 1985 in Book 496 at Page 409. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 8 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado 12. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Condominium Map of Hannah Dustin Condominium, recorded October 2, 1985 at Reception No. 271969, First Amendment recorded June 29, 2006 at Reception No. 527927. 13. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Hannah Dustin Subdivision Plat, recorded September 25, 2006 at Reception No. 528934. 14. Terms, conditions, provisions, obligations and agreements as set forth in the Ordinance No. 16, Series of 2006 recorded July 12, 2006 at Reception No. 526319. 15. Terms, conditions, provisions, obligations and agreements as set forth in the Subdivision Agreement for Hannah Dustin Subdivision recorded September 25, 2006 at Reception No. 528933, and Amendment thereto recorded November 9, 2006 at Reception No. 530875 and Amendment recorded May 2, 2012 at Reception No. 588709. 16. Covenants, conditions, restrictions, provisions, easements and assessments as set forth in Condominium Declaration for Hannah-Dustin Condominiums recorded October 2, 1985 at Reception No. 271967 and Amended and Restated Condominium Declaration of Hannah Dustin, a Condominium recorded August 29, 2006 at Reception No. 527925, Second Amended and Restated Condominium Declaration of Hannah Dustin, a Condominium recorded September 25, 2006 at Reception No. 528971, Amendment to Second Amended and Restated Condominium Declaration of Hannah Dustin, a Condominium recorded March 10, 2008 at Reception No. 547246 , but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status, or national origin, and any and all amendments, assignments, or annexations thereto. 17. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Revocable Encroachment Agreement recorded September 25, 2006 at Reception No. 528932. 18. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 09, Series of 2006 recorded October 26, 2006 at Reception No. 530237. 19. Terms, conditions, provisions, obligations and agreements as set forth in the Non Disturbance Agreement recorded November 9, 2006 at Reception No. 530910. 20. Terms, conditions, provisions, obligations and agreements as set forth in the Memorandum of Agreement Concerning Parking Garage Subdivision Agreement recorded January 2, 2007 at Reception No. 532934. 21. Terms, conditions, provisions, obligations and agreements as set forth in the Use and Occupancy Restriction recorded March 20, 2007 at Reception No. 535572. 22. Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded July 30, 2007 at Reception No. 540462. 23. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Agreement recorded August 9, 2007 at Reception No. 540841. 24. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 4, Series of 2008 recorded March 28, 2008 at Reception No. 547895. 25. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 12, Series of 2008 recorded June 26, 2008 at Reception No. 550530. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 9 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado 26. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 13, Series of 2009 recorded March 5, 2009 at Reception No. 556911. 27. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 37-B, Series of 2009 recorded September 4, 2009 at Reception No. 561638. 28. Covenants, conditions, restrictions, provisions, easements and assessments as set forth in Declaration of Covenants and Restrictions for 300 South Spring Street, a Condominium recorded May 27, 2011 at Reception No. 580190, Amendment No. 1 recorded August 1, 2011 at Reception No. 581586, Amendment No. 2 recorded December 14, 2011 at Reception No. 585109, Amendment No. 3 recorded April 24, 2012 at Reception No. 588448 and Supplemental Declaration recorded April 24, 2012 at Reception No. 588449, and Amendment No. 4 recorded February 5, 2015 at Reception No. 617212, and Amendment No. 5 recorded June 27, 2016 at Reception No. 630266 , but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status, or national origin, and any and all amendments, assignments, or annexations thereto. Partial Assignment of Declarants Rights in connection therewith recorded August 1, 2011 at Reception No. 581587, Assignment of Declarant Rights recorded December 12, 2014 at Reception No. 615990, and Assignment of Declarant Rights recorded December 16, 2017 at Reception No. 643862. 29. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Condominium Map 300 South Spring Street, recorded May 3, 2011 at Reception No. 580230 and Supplemental Condominium Map of 300 South Spring Street recorded April 24, 2012 at Reception No. 588450 . 30. Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded December 3, 2019 at Reception No. 660874. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 10 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) 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 will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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: 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 Colorado Division of Insurance Regulations 8-1-2, 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 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First Am erican Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. 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. Form 50004008 (8-23-18) Page 11 of 11 ALTA Commitment for Title Insurance (8-1-16) Colorado 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 C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. 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 an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. 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. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY:----'-,/'-')~(::::::;l;::::..._,-s...::L..).--,,-::::"qjf..ll."..l.:1..,!...:.\r4,l--,,::,.i:.')t~,"'--_ Aspen,CO (_} STATE OF COLORADO ) )ss. County of Pitkin ) /1 I !\ I,!.·I t {i(),_a L}uivu (name,please print) being or representing an Applicant to the City of Aspen,Colorado,hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)or Section 26.306.010 (E)ofthe Aspen Land Use Code in the following manner: __Publication of notice:By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14)days after final approval of a site specific development plan.A copy of the publication is attached hereto. __Publication of notice:By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15)days after an Interpretation has been rendered·z~_cA,Jth:pUb~.~a.7 is attached hereto . .",:,//w:tr:;../r:P //.#'/'pz.0t /""1''''.>17[/'''''/ Signature/' The foregoing "Affidavit of Notice"was acknowledzed before me this \~day of Qec_~\061 ,20 V\by ~o.Y-d\.~Y"\Ne;..~ WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS:SARA ANN NESTER .NOTARY PUBLIC STAle CF COLORADO NOTARY ID 201940422S7 MY COMMISSOf EXPIRES NOVeMBER 7,2023COPYOFTHEPUBLICATION --------------------------- DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order,hereinafter "Order",is hereby issued pursuant to Section 26.304.070, "Development Orders",and Section 26.308.010,"Vested Property Rights",of the City of Aspen Municipal Code.This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals,described herein.The effective date of this Order shall also be the initiation date of a three-year vested property right.The vested property right shall expire on the day after the third anniversary of the effective date of this Order,unless a building permit application submittal is accepted and deemed complete by the Chief Building Official,pursuant to Section 26.304.090,or unless an exemption,extension,reinstatement,or a revocation is issued by City Council pursuant to Section 26.308.010.After Expiration of vested property rights,this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470,but shall be subject to any amendmentsto the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Art Museum,LLC,represented by Seth Hmielowski 15 W 6th ST #2400,Tulsa,OK 74119 Property Owner's Name,Mailing Address A parcel ofland situated in Section 18,Township 10 South,Range 84 West of the 6th P.M.Lot A &B,Block 105,City and Townsite of Aspen,County of Pitkin,State of Colorado 300 South Spring Street (Hannah Dustin Building) Legal Description and Street Address of Subject Property The applicant has received approval to combine units 300 and 301 within the Hannah Dustin Building.Approximately 19.5 square feet are now included in the building'S net leasable calculation. Written Description of the Site Specific Plan and/or Attachment Describing Plan Minor Expansion of Commercial.Lodge or Mixed Use Development,Administrative Approval; Reception #660874 (12/03/2019) Land Use Approval(s)Received and Dates (Attach Final Ordinances or Resolutions) December 12,2019 Effective Date of Development Order (Date of Publication) December 12,2022 Expiration Date of Development Order (The extension,reinstatement,exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of a site-specific approval,and the existence of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24,Article 68, Colorado Revised Statutes,pertaining to the following described property:Parcel ID 2737-182- 27 -804 legally described as:A parcel of land situated in Section 18,Township 10 South,Range 84 West of the 6th P.M.Lot A &B,Block 105,City and Townsite of Aspen,County of Pitkin, State of Colorado;commonly known as 300 S Spring Street (Hannah Dustin Building).The approval grants a Minor Expansion of a commercial,lodge or mixed-use building;relating to Municipal Code Chapter:26.470.090.C.This approval allows for the combining of units 300 and 30 I within the Hannah Dustin Building.Approximately 19.5 square feet will be added to the net leasable space of the building.The change is depicted in the land use application on file with the City of Aspen.The variation was approved by the Community Development Director in a Notice of Approval,dated 12/02/19 and recorded by The Pitkin County Recorder (Reception No.660874 12/03/19).For further information contact Jeffrey Barnhill at the City of Aspen Community Development Dept.,130 S.Galena St.,Aspen,Colorado,Jeffrey.barnhill@cityofaspen.com,(970) 429-2752. City of Aspen Published in The Aspen Times on December 12,2019. NOTICE OF APPROVAL MINOR EXPANSION OF A COMMERCIAL,LODGE,OR MIXED-USE DEVELOPMENT FOR COMMERCIAL UNITS 300 AND 301 AT THE PROPERTY COMMONLY KNOWN AS 300 SOUTH SPRING STREET (HANNAH DUSTIN BUILDING),LEGALLY DESCRIBED AS:A PARCEL OF LAND SITUATED IN SECTION 18,TOWNSHIP 10 SOUTH,RANGE 84 WEST, OF THE 6TH P.M.CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO. Parcel ID No.2737-182-27-804 APPLICANT:Art Museum,LLC,Manager Frank Love 15 W 6TH ST#2400,TULSA,OK 74119 REPRESENTATIVE:Seth Hmielowski,Z-Group Architects SUBJECT &SITE OF APPROVAL: The applicant proposes to combine and remodel commercial units 300 and 301 within the Hannah Dustin Building.An opening is proposed in a non-structural partition wall that combines unit 300 with unit 301. The proposal is requesting to be considered Exempt Development under GMQS,specifically related to "Minor Expansion of a commercial,lodge or mixed-use development"(Section 26.470.090.C). SUMMARY: The subject property is developed with a mixed-use building.Commercial units 300 and 301 are the subject of this application.The proposed remodel entails interior renovations and complete removal of the existing wall between Unit 300 and Unit 301.The proposed opening in the non-structural partition wall measures approximately 19'6"long and 12"wide.Pursuant to Land Use Code Section 26.575.020.i,the proposed opening results in an increase in net leasable space of approximately 19.5 square feet.The proposed opening does not result in an increase in floor area. STAFF EVALUATION: The Land Use Code allows for minor expansions of commercial units to be exempt from affordable housing mitigation if the proposed expansion involves no more than five-hundred (500)square feet of net leasable area,and no more than two-hundred-fifty (250)square feet of floor area.Any increase in net leasable or floor area approved administratively are tracked cumulatively.Community Development Staff reviewed the building permit records and historic land use approvals and determined that no previous additions to commercial net leasable space have occurred.Although 300 South Spring Street has received increases in Floor Area and net leasable area from City Council,there has been no increase via administrative approval. The penetration in the demising wall increases the total net leasable area by approximately 19.5 square feet. This is within the five-hundred (500)square feet of net leasable area available for minor expansion.This approval assumes thatthe 19.5 sq.ft.is an accurate representation,but ifthe calculation of the area occupied by the demising wall varies from this number,this approval remains in effect.The net leasable calculation will be confirmed at building permit. Staff finds that the request meets the requirements of a minor expansion of a commercial,lodge,or mixed- use development,and that the proposed change meets all review criteria for an administrative approval of a minor increase in commercial net leasable space. 1111111111111111111111111111111111111111111111111111111nlllll~111111I1 1 RECEPTlON#:660874,R:$28.00,0:$0.00 DOC CODE:APPROVAL Pg 1 of 4,12/03/20193101:21:16 PM Janice K.Vos Caudill,Pitkin County,CO DECISION: The Community Development Director finds the application for a minor expansion of a commercial, lodge,or mixed-use development (26.470.090.C)meets the review criteria and hereby APPROVES combining units 300 &301 at 300 S Spring Street with an increase in commercial net leasable space of approximately 19.5 sq.ft.: APPROVED BY: ~Date r J Interim Community Development Director Attachments: Exhibit A -Floor plans (recorded) Exhibit B -Review Criteria (not recorded) Exhibit C -Application (not recorded) 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN 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 that 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. Email:familyoffice@loves.com Phone No.:405-242-2479 Property Owner ("I"): Name:Art Museum,LLC Address of Property: (subject of application) 300 S Spring St Units 300&301 Aspen,CO 81611 I certify as follows:(pick one) D This property is not subject to a homeowner association or other form of private covenant. D This property is subject to a homeowner association or private covenant,and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. Gl 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. Owner Signature: he City of Aspen does not interpret,enforce,or manage the I ate covenants or homeowner association rules or bylaws.I lic document. Owner printed name: or, Attorney signature:___________Date.,_ Attorney printed name:_ April 2020 City of Aspen 1130 s.Galena St.1 (970)9205090 SECOND SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 300 SOUTH SPRING STREET, A CONDOMINIUM This Second Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for 300 South Spring Street, a Condominium (the "Supplemental Declaration") is made this day of , 2021, by the 300 South Spring Street Condominium Association (the "Association"). RECITALS: A. This Supplemental Declaration is intended to amend and supplement the Declaration of Covenants, Conditions and Restrictions for 300 South Spring Street, a Condominium, recorded May 27, 2011 as Reception No. 580190 in of the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Declaration"). B. The Declaration governs the mixed -use residential and commercial development (the "Project") located at 300 South Spring Street, Aspen, Colorado 81611 and further described in the Declaration and the Condominium Map for 300 South Spring Street recorded May 31, 2011 as Reception No. 580230 in of the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Map"). C. The Association is authorized pursuant to Section 15.6 of the Declaration to review and approve requests from Owners of Condominium Units to combine adjacent Units. D. The Association received a request from Art Museum, LLC for authorization to combine said Units into a single Condominium Unit to be numbered 301. The Association desires to approve said request in accordance with and subject to the Declaration, as more particularly set forth herein. DECLARATION: NOW THEREFORE, the Association declares as follows: I. Combination of Units. Pursuant to Section 15.6 of the Declaration, the Association approves and authorizes the combination of Condominium Units 300 and 301, resulting in a new Condominium Unit 301, as shown on the Second Supplemental Condominium Map of 300 South Spring Street recorded 2021 in Plat Book at Page in the office of the Clerk and Recorder of Pitkin County (the "Supplemental Map"), including the Common Elements also shown thereon, to be owned, held, used and conveyed subject to the terms, provisions, conditions, easement and restrictions contained in the Declaration, which terms, provisions, conditions and restrictions shall constitute covenants running with new Unit 301, shall be binding upon and inure to the benefit of new Unit 301 and upon any person or legal entity acquiring any interest in new Unit 301 and/or improvements situated therein. Allocated Interests. The Allocated Interest of new Unit 301 shall be 16.21% which is equal to the total of the Allocated Interests for Units 300 and 301 before being combined pursuant to this Supplemental Declaration. General. In the event of any conflict or inconsistency between the provisions of the Declaration and this Supplemental Declaration, the provisions of this Supplemental Declaration shall control. Any reference to the Declaration or Map in any documents or instrument shall be deemed to include this Supplemental Declaration and the Supplemental Map without any further or specific reference thereto. 300 SOUTH SPRING STREET CONDOMINIUM AS Cl TIO By: President STATE OF COLORADO ) ) ss. COUNTY OF k1/0 ) The foregoing instr nt was acknoW10ged before me this 0 day of t , 2021, by--�LC�� 1� "� r��%tiiS, as President of 300 South Spring t Condo trminium Association. Witness my hand and official seal. My commission expires:` ASIA S JENKINS NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20124028779 MY COMMISSION EXPIRES MAY 10, 2024 2 CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, ART MUSEUM, LLC, BEING THE OWNER OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS: UNITS 300 AND 301 300 SOUTH SPRING STREET, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED MAY 31, 2011 IN PLAT BOOK 97 AT PAGE 1 AND THE SUPPLEMENTAL CONDOMINIUM PLAT RECORDED APRIL 24. 2012 IN PLAT BOOK 99 AT PAGE 79 AND AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS, RECORDED MAY 27 2011 AS RECEPTION NO. 580190 THE "CONDOMINIUM DECLARATION" A RESTRICTIONS FOR 300 SOUTH SPRING STREET A CONDOMINIUMRECOR ND E( ). NO 68158fi AMENDMENT NO. RECORDED DECEMBER 14 2011 AS RECEPTION NO. 585190 AMENDMENT NO. 1 RECORDED AUGUST 1, 2091 AS RECEPTION , AMENDMENT NO. 3 RECORDED APRIL 24, 2012 AT RECEPTION NO. 588448 AND SUPPLEMENTAL DECLARATION RECORDED APRIL 24, 2012 AS RECEPTION NO. 588449, AMENDMENT NO. 4 RECORDED FEBRUARY 5, 2015 AT RECEPTION NO. 617212, AMENDMENT NO. 5 RECORDED JUNE 27, 2016 AT RECEPTION NO.630266, COUNTY OF PITKIN, STATE OF COLORADO O THE 00 SOUTH SPRING STREET CONDOMINIUM ASSOCIATION COMBINED UNITS 300 AND 301 INTO A SINGLE HAS BY THESE PRESENTS, AND WITH THE APPROVAL F 3 I , T O ELEMENTS APPURTENANT TO IT S DEPICTED AND DESCRIBED HEREON PURSUANT TO AND FOR THE PURPOSES UNIT DESCRIBED AS UNIT 301, AND HE COMMON E ME P A , SET FORTH IN THE CONDOMINIUM DECLARATION AND SUBJECT TO THE SECOND SUPPLEMENTAL DECLARATION TO THE CONDOMINIUM DECLARATION RECORDED . 2021 AS RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO; E 30 SOUTH SPRING STREET I THE STRUCTURES AND IMPROVEMENTS E Y RE -INSTATE A BLANKET EASEMENT UPON ACROSS OVER IN AND UNDER 0 H N i N AND DOES HERB RE I UTILITY O 1NGR SS AND EGRESS INSTALLATION, REPLACING REPAIRING AND SITUATED THEREON FOR THE BENEFIT OF THE ASSOCIATION AND IL TY F R E N. MAINTAINING ALL UTILITIES INCLUDING, BUT NOT LIMITED TO WATER SEWER GAS TELEPHONE CABLE TV AND ELECTRICITY. SAID BLANKET EASEMENT INCLUDES REQUIRED t THE FUTURE. THE LOCATION OF'ANY SUCH EASEMENT WITHIN THE INTERIOR OF A UNIT SHALL BE UTILITY SERVICES WHICH MAY REASONABLY BE EQUI N E RESTRICTED TO LOCATIONS WHERE UTILITIES NOW EXIST OR ARE INSTALLED BY DECLARANT IN CONNECTION WITH THE EXERCISE OF A RIGHT RESERVED UNDER ARTICLE 15 OF THE CONDOMINIUM DECLARATION AND LOCATIONS APPROVED BY THE OWNER OF SUCH UNIT IN SUCH OWNER'S REASONABLE DISCRETION (THE EXECUTIVE BOARD TO BE THE FINAL ARBITER OF ANY UNRESOLVED DISPUTE AS TO WHAT CONSTITUTES A REASONABLE LOCATION). EXECUTED THIS DAY OF , 2021. OWNER: ART MUSEUM, LLC, AN OKLAHOMA LIMITED LIABILITY COMPANY - - BY: STATE OF ) ) SS. COUNTY OF ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2021, BY AS OF ART MUSEUM, LLC. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: CONDOMINIUM ASSOCIATION APPROVAL: - - PURSUANT TO THE SECOND SUPPLEMENTAL DECLARATION REFERENCED ABOVE, THE 300 SOUTH SPRING STREET CONDOMINIUM ASSOCIATION HAS AUTHORIZED AND APPROVED THE PROVISIONS OF THIS SECOND SUPPLEMENTAL CONDOMINIUM MAP. 300 SOOT RING REE-tvilNtUM-ASSQCIATION BY: ''!Y - ,ITS PRESIDENT STATE OF COA-611^98) ) SS. N i COUNTY OF �� ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS tL DAY OF 2021, BY E I_ DEjJT OF 300 SOUTH SPRING STREET CONDOMINIUM ASSOCIATION. WIT S MY D NO OFFICIAL SE F i4 P tFA // S'_ : UI VPaD'0 - N wW PUBLIC Y 20l L,79 10, 2024 N MY COMMISSION EXPIRES: MY ADDRESS IS: �.AJ • V -- `Y �s;, t/ TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF FIRST AMERICAN TITLE INSURANCE COMPANY, DOES HEREBY CERTIFY PURSUANT TO SECTION 26.304.030(3) OF THE ASPEN MUNICIPAL CODE THAT THE ENTITY LISTED AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE INFORMATIONAL REPORT REFERENCED IN SURVEY NOTE 6 HEREON ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT FIRST AMERICAN TITLE INSURANCE COMPANY NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY: DATE ,2021. - FIRST AMERICAN TITLE ATTN: MARISSA CULLEN 1125 17TH STREET, SUITE 500 DENVER, CO 80202 STATE OF COLORADO ) ) SS. COUNTY OF ) THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS -.... DAY OF _ , 2021, BY AS OF FIRST AMERICAN TITLE INSURANCE COMPANY WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SECOND SUPPLEMENTAL CONDOMINIUM MAP OF: 300 SOUTH SPRING STREET A PARCEL OF LAND SITUATED IN SECTION 18; TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS CONDOMINIUM MAP IS TO COMBINE CONDOMINIUM UNITS 300 AND 301, INTO ONE UNIT NAMED UNIT 301 SHEET 1 OF 3 , NOTES, CONTROL AND VICINITY MAPS CERTIFICATES T FOUND #5 REBAR I lii I i i i 700 E. CR'RNDALL C HYMAN BL)ILDING CONDOMINIUMS LOT R S LOT , 1 O FOUNQ #5 REBAR V CHATEAU ASPEN CONDO BASIS OF ELEVATION FOUND 1.25" CAP ON #5 REBAR L.S. #28643 FLUSH WITH GROUND - P- Lt.t Ui I-- L) 2 D_ Ct) FOUND REBAR AND CAP L.S.#37935 76,29' R,O.Yi1_ _ FOUND P.K. NAIL ASPEN ATHLETIC 700 E. CLUB HYPviAN CONDOMINIUM& SUPPLEMENTAL / w / 6� / HYMAN AVENUE = s / 6 U' FOUND 3.5" ALUMINUM CAP (2009 COA GPS4) AT THE APPROXIMATE INTERSECTION OF WEST END STREET AND HOPKINS AVENUE FOUND REBAR AND CAP L.S.#16129 oN -) DE# 7 1b' CAP UN 110- FOUND #5 REBAR REBARL.S._#28643 -_ N t 'Id o 31 ASPEN 76, 1, in r r f BRO>NN (ONES - - f2.01t11. 4 zTTY BEAIEDICT COPJfIOi s z Cf3N[}7�JMtNIUt IS susclL�Sto ; CON DON-1INiui is UNfTA = \ m -' HANNAH-DUSTIN \ U)LU o SUBDIVISION REC.#5289341 \ ' FOUND REBAR AND CAP C s O_R -' L.S. #ILLEGIBLE- -- -_- -- - - N 75°09'1V W 120.00' 20,2a z FOUND 0.T WC \ \ ALLEYx t - . _ ._ .. _-._- -._- . _-_.:_. .._-.-. _.__.--_- FOUND P.K. NAIL 1,25" CAP ON #5 REBAR a C FLUSH WITH GROU \ LOT R Lv 3 AND 1.25"ALUMINUM SHINER L S. #28643 /r� \ IN CONCRETE F L.S. #28643 BUC;ct ORN (SELL MOUNTAIN (9k AFTi(x,5 LLC RESIDENCES `�9�� R N4V�3d I \ I \ 7 \ \ FOUND #5 REBAR FOUND REBAR AND ALUMINUM CAP FOUND REBAR AND CAP \ // CITY MONUMENT L.S. #2376 COOPERAVENUE 737U FOUND 3.5" ALUMINUM CAP (2009 COA GPS-1) AT THE APPROXIMATE INTERSECTION OF WEST END STREET AND _ --_ — -------_ __ _ _ __ . DURANTAVENUE GRAPHIC SCALE (IN FEET) 1 inch = 40 ft. SHEETINDEX 1) CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS 2) UNIT 301 PLAN VIEWS PORTION OF THIRD FLOOR MODIFIED BY THIS SECOND �f? SUPPLEMENTAL CONDOMINIUM MAP (SEE SHEET 2 FOR DETAILS) L_LJ 1 / � F 1 ) SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704-0311 #/ s as tJJJr^^•---s---£.. l} -*-A, «` iya�y��'r'+,� • s r ,� m s�. a� y}j y � _ �N u {a s: • a/i",ya ii urj; R j rr �3" t q C tY t ) }si. #�R� ., �►}7"qnra --ttii-ff} R.(at c- al�-- t a � ♦ 'a r---. ,. *..x t ^..., 1 k ♦a 3l i a �� +{jf��f M" 'z�' .��i� ''y .w%'r ¢ r Pt.,Jc�... rR s M `�'''�"-a"x.3. `$;2 O ► f . �fili'�.,�a t'pt ��Za �f a. -.._,- „�- ��7= ._��'"`' 3� ' 2 eta �� fs>, Gi rig e t tom•-.`. �A._ � 4+ a; a .,,+, a '"g" } 1�a`F`�^``r �`4i.. .�» "ka a s a>t�'Ri'`' ai • • +I".L m i � � -. e • tl,�''� � z•.,�.-,,....� �f'"' ,, v-.r._ ,- �.., e`' .b )£ r'aa+� _ "-- . �. �} �. r i/ �qP a ra r 4-.4:... , a.... � +a'.+a,'. ': `�`" �, -i a`,`s a. oI{* t.• � ..•.la � � #, #q k. Vie« $ �-�•,.,;��. : jf J r r aY "F $ .d a r �-qm Lr < J�. ,j s44' � ,''p{ 't., • '�' it�;�a � T 'wr'"�aa ? ti�'.,"�a $. +,�'.i- pip ( 1 # a`J ix g ,,xy• .gF, r' a t e� it }} Fi. s S , :t 4 c � d 5 S y r, , r (�,: ? ;. , t > G'i •_,C.::` --rye., ai'^^ r + ti'1 >s': t) tt�� "``��,rl��\ 4� • av,lit �{ '„� '��..'a. "a.. •�' � �L � �x° �:»x.�„`e." � , � `4 3'i<e� �5�a.,a' i..:- a�?/ t, qq)yi s� �'"i = �,y �,+.,-,.a "v. '� ,.-.-, �1*.;;. ^�• P Z*,'°,.�.,..m '"� .ems. A , �, . tlyR' ��'i p€ ,' 4 * �l `}s' ti,:'.�'.'�zi.. ..... +.-'., f�,f `"hv "�"e',pk"•t�+.,,,i'+� .}.."� S,i``w'-s''�"`,. ,pi'f VICINITY MAP SCALE: 1"=1000' 1) DATE OF SURVEY: FEBRUARY AND MARCH 2O21 2) DATE OF PREPARATION: MARCHJUNE 2021 3) BASIS OF BEARING: A RECORD BEARING OF N 14"50'49" E ( ACCORDING TO THE OFFICIAL MAP OF THE CITY AND TOWNSITE OF ASPEN) BETWEEN THE SW CORNER OF BELL MOUNTAIN PUD, MONUMENTED BY A REBAR AND ALUMINUM CAP CITY MONUMENT, AND THE NW CORNER OF 700 E. HYMAN CONDOMINIUMS MONUMENTE4 BY A FOUND #5 REBAR, AS SHOWN HEREON. 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY AND TOWNSITE OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, 1959, GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING, DATED DECEMBER 12, 2009 (REV. 2010), THE AMENDED PLAT OF HANNAH DUSTIN CONDOMINIUMS, THE CONDOMINIUM MAP OF 300 SOUTH SPRING STREET, AND ALL SUPPLEMENT THERETO, BENEDICT COMMONS CONDOMINIUMS, BELL MOU° NTAIN RESIDENCES CONDOMINIUMS, LOCATION MAP OF CHATEAU ASPEN APARTMENTS, CONDOMINIUM MAP OF THE ASPEN ATHLETIC CLUB, 700 EAST HYMAN CONDOMINIUMS, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. - 5) BASIS OF ELEVATION: GPS OBSERVATION OF AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159", PER THE 2009 CITY OF ASPEN GPS CONTROL SURVEY. THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7926.25 FEET ON THE #5 REBAR AND 1.25" PLASTIC CAP MONUMENTING THE NW CORNER OF 300 SOUTH SPRING STREET CONDOMINIUMS, AS SHOWN. - 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID ITEMS DESCRIBED IN NOTE 4 AND THE INFORMATIONAL REPORT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY UNDER FILE NO. NOS-1052724-CO, DATED FEBRUARY 22, 2021. 7) SNOW DEPTH WAS ONE TO THREE FEET AT THE TIME OF THIS SURVEY. 8) THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. MAP NOTES 1.) PURSUANT TO THAT NOTICE OF APPROVAL OF MINOR EXPANSION OF A COMMERCIAL, LODGE OR MIX -USE DEVELOPMENT FOR COMMERCIAL UNITS 300 AND 301 AT THE PROPERTY COMMONLY KNOWN AS 300 SOUTH SPRING STREET (HANNAH DUSTIN BUILDING), RECORDED DECEMBER 3, 2019 AS RECEPTION NO. 660874, THE INCREASE IN NET LEASABLE SPACE IS APPROXIMATELY 18 sq.ft. (SEE AREA TABLE ON SHEET 2). CITY ENGINEER APPROVAL - THIS 2ND SUPPLEMENTAL CONDOMINIUM MAP OF 300 SOUTH SPRING STREET, WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF _. -. _.._...-.. ,2021. CITY ENGINEER SURVEYOR'S CERTIFICATE I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT CHAVE PREPARED THIS 2ND SUPPLEMENTAL CONDOMINIUM MAP OF 300 SOUTH SPRING STREET; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNITS IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN FEBRUARY AND MARCH 2O21; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THE CONDO MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE ACT, AND (u) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED, IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE INFORMATIONAL REPORT REFERENCED IN SURVEY NOTE 6 HEREON. �r 'PT tt.• , DATED t' �(S21 =.•••• r��% NAL LAND CLERK AND RECORDER'S ACCEPTANCE THIS 2ND SUPPLEMENTAL CONDOMINIUM MAP OF 300 SOUTH SPRING STREET IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT.. -O'CLOCK _.M., THIS DAY OF '2021, IN PLAT BOOK , AT PAGES , RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER 31035.01 CL 6/14/2021 G:\2621\3.1035 300SSpringCondo\SURVEMurvey DWGs\Survey Plots\2ND SUPP CONDO 2021\31035_CONDO-2NDSUPP.dwg w Z) z w z SUPPLEMENTAL CONDOMINIUM MAP OF: .300 SOUTH SPRINIG STREET A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS CONDOMINIUM MAP IS TO COMBINE CONDOMINIUM UNITS 300 AND 301, AND THEIR RESPECTIVE LICE, INTO ONE UNIT NAMED UNIT 301 SHEET 2 OF 2 UNIT 301 PLAN VIEWS ASPEN BROWNSTONES m 4.4' s - — _...17,9' BE=7955.38 . �_ .. �......._e lV 06 \ CE = 7955.05' CE = 7956.07 UNIT 301 E� _ ' ` SF = 794T32' I .4' __. .- __� ;--1��2' _moo -. _ .._. -- - -- - ---_-.-.. o6 BE = 7955.46' BE = 7955,38 BE = 7954.94' UNIT 301 CE = 7956.21' SF = 7947.45' 1284 sq.ft.t CE = 7956.63' CEILING BEAM (TYP.) v 1s' _ o BE = 7955.46' STRUCTURAL COLUMN (TYP} TBE = 7955 36' w N � iI! 5.0' BE = 7955.46' �I GCE WALKWAY i (COVERED) 18.6' a GCE GCE LCE ELEVATOR STAIRWAY CE = 7955.81' UNIT 301 (COVERED) ►3�6' wr P'y G M Nam' y SPRING STREET PLAN VIEW THIRD LEVEL GRAPHIC SCALE ( IN FEET) 1 inch = 5 ft. 20 Q GCE WALKWAY GCE GCE SOPRIS ENGINEERING- LLC CIVIL CONSULTANTS PLAN VIEW ROOF LEVEL GRAPHIC SCALE ( IN FEET) 1 inch = 5 ft. GENERALNOTES 1) PLAN, ELEVATION AND CROSS-SECTION VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION. 2) INTERIOR COLUMNS AND OVERHEAD BEAMS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GCE. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. 3) AREAS NOT SPECIFICALLY DESIGNATED AS A UNIT, RESIDENTIAL UNIT, PARKING UNIT, STORAGE UNIT, LCE OR GCE ARE GCE. 4) INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE, UNLESS NOTED OTHERWISE. THE INTENT OF THIS MAP IS TO DIMENSION PER THE CONDOMINIUM DECLARATION. 5) INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM THE TOP OF UNFINISHED CONCRETE SUBFLOOR TO THE UNFINISHED DRYWALL SURFACE OF CEILING/BEAMS, UNLESS NOTED OTHERWISE, THE INTENT OF THIS MAP IS TO DIMENSION PER THE CONDOMINIUM DECLARATION. 6) CONDOMINIUM UNIT DIMENSIONS EXCLUDE STRUCTURAL ELEMENTS OF THE BUILDING, BUT INCLUDE SLIDING DOORS TO EXTERIOR PATIOS AND ROOF SKYLIGHTS. ALL HARDWARE, INCLUDING TRACK ASSEMBLY FOR SLIDING DOORS ARE TO BE CONSIDERED A PART OF THE PARTICULAR UNIT. HOWEVER, SLIDING DOORS AND ROOF SKYLIGHTS, IF ANY, HAVE NOT BEEN INCLUDED IN UNIT SQUARE FOOTAGE. BUILDING TABLE: GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR ELEVATION GF - GRAVEL SURFACE ELEVATION CE - CEILING ELEVATION BE - BOTTOM OF BEAM ELEVATION N14°58'49"E NORTH -SOUTH EXTERIOR WALL BEARING (TYP.) S75001'11"E EAST -WEST EXTERIOR WALL BEARING (TYP.) AREA TABLE SQ.FT.± PREVIOUS APPROVALS UNIT300(REC. #588450) COMMERCIAL 683 UNIT301(REC. #580230) COMMERCIAL 589 TOTAL 1,272 PER THIS MAP SQ. FT.± UNIT301(DRAFT) COMMERCIAL 1,284 TOTAL 1,284 NET COMMERCIAL GAIN (LOSS) 12 502 MAIN STREET, SUITE A3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS - CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311 - BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN - YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 31035,01 CL 6114/2021 G:\202lk3lO3530OSSpringCondo\SURVEY\Survey DWGs\Survey Plots\2ND SUPP CONDO 2021\31035_CONDO-2NDSUPP.dwg -