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Home My WebLink AboutApplication.508 E Cooper AveATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED)___________________________________________________________ APPLICANT: Name: Address: Phone #: _______________________Fax#:___________________E-mail:_____________________ REPRESENTATIVE: Name: Address: Phone #: _______________________Fax#:___________________E-mail:______________________ TYPE OF APPLICATION: (please check all that apply): Historic Designation Certificate of No Negative Effect Certificate of Appropriateness -Minor Historic Development -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment Relocation (temporary, on or off-site) Demolition (total demolition) Historic Landmark Lot Split EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 273718224032 508 E Cooper Ave, Aspen CO 81611 Subdivision: Cooper Street Condo Unit 201 WJM508 LLC 508 E. Cooper Penthouse Remodel 126 E. 56TH ST 28TH FL, New York, NY 10022 Ben Fierstein - Vantage Construction Consulting PO Box 722 Basalt CO 81621 813-494-3959 Vantageaspen@gmail.com X Administrative Review 508 E. Cooper EXISTING CONDITIONS The property located at 508 E. Cooper Unit 201 is a private residence within a Mixed-Use Occupancy building. The property and its boundaries exists within the included Plat Map as a part of this submission. The Residential Unit was built in 2012 by PCL and designed by Poss Architecture. Historic documentation has been provided based on what the City of Aspen has within public record of permitting and the disclosed Record Drawing documents within the ongoing lawsuit been Owner (plaintiff) and Defendants. The project being proposed has utilized the existing information to the best of our ability to adhere to historic approvals. PROPOSAL The proposal looks to modify interior fixtures and finishes with very minor changes to layout. No changes are being proposed that alter the buildings overall footprint, boundary description, or general common elements within the property. Owner is requesting a redistribution of deck FAR within his property resulting in a net 0 change. Strict adherence to existing elevations, mixed-use occupancy, fire proofing, demising walls, and rated assemblies is being maintained and third-party inspection agreements have been executed and submitted as a part of this permit. Permit 0052.2021.BRES The permit consists of the following scopes: · Upgrade of Interior finishes, flooring, tile, paint, millwork, base and casework details o Updated plans in compliance with Zoning and setback compliance are being submitted · Full Kitchen remodel with fixtures staying the same and appliances reducing o This Kitchen was not a part of the original submission and is to be change ordered in. Owner recognizes this will alter valuation · Full Master bathroom remodel with adjusted framing. No change to number of fixtures · Wholesale upgrade to Lighting o Additional details provided based on early comments from community development · Redistribution Planter locations effecting Deck FAR with a net 0 change to total deck and planter area spread across the entire unit. o Further clarification provided per comments by Zoning · Window removal and replacement with a smaller fixed window on the master level within the bathroom. · Updated plans are included from Karen White Interior Design and 186 Lighting The intent of this minor building permit is to upgrade the interior of the property simultaneous with the repair permit below. The owner has experienced heavy loss of use and we respectfully submit this simple interior upgrade to capture this construction timeframe most efficiently. Administrative Review 508 E. Cooper Integration of the 0038.2020.BREP permit Permit was issued in December of 2020 to move forward with the exploratory demolition and repair of the building’s envelope. At the time, the scope of this repair included the demo of the deck and siding assemblies with a like for like replacement as well as the removal, repair and replacement/reinstallation of windows/sliders and doors at the master level. All of these areas were identified to have significant water intrusion. Over the next 8 months the scale of the water intrusion, mold growth, and construction defects only grew in scale. As a result of the construction defects, water has systemically penetrated the envelope of this building. While I cannot include any expert reports from Wiss, Janey, Elstner Associates (WJE) or the owner’s other consultants, I have included general photos detailing the existing conditions found requiring immediate demolition and overall repair. After carefully reviewing the scale of the damage, WJE produced a set of Construction Drawings which we are submitting as an addendum to the repair permit. As these two permits are inherently linked to the property, this CD set will provide you vital understanding of the property as a whole. WJE’s construction drawings will detail the full scale of the repair, the alterations to the deck assembly, window, flashing, and waterproofing details and the projects adherence to maintaining all historic elevations, land use, zoning, and building code compliance. Adjusted snowmelt information for the new deck assembly has been included showing an overall reduction in proposed snowmelt. Fenestration details have been included reducing the overall size of glazing to improve waterproofing details previously experiencing heavy failure. This submission encapsulates all documentation related to both of these permits to provide full view of the work being performed at the property. The intent of this proposal is to improve waterproofing and drainage details and restore this property’s envelope. City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Phone No.: Owner (“I”): Email: Address of Billing Property: Address: (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, 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. $ 81.00 flat fee for Certificate of No Negative Effect $____________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. Property Owner: _______________________________________________ City of Aspen: ________________________________ Phillip Supino, AICP Community Development Director Name: _______________________________________________ Title: ____________________________________________________ City Use: Fees Due: $____Received $_______ WJM508 LLC 813-494-3959 Vantageaspen@gmail.com 508 E. Cooper - Unit 201 Aspen CO 81611 Representative Benjamin Fierstein Owner's Representative 08/17/2021 12:22:57 PM COMMUNITY DEVELOPMENT DEPARTMENT October, 2013 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 improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this 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: _________________________ 508 E. Cooper Ave Unit 201, Aspen CO 81611 08/11/21 William S Macklowe WJM 508 LLC WJM508, LLC 126 E. 56th St 28th Floor, New York, NY 10022 (212) 554 5882 WMacklowe@macklowe.com September 3, 2021 City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Re: 508 E. Cooper Unit 201; PID No. 273718224032 Dear Community Development: WJM508, LLC, at the above address is the owner of the property described as Subdivision: Cooper Street Condo Unit 201 within the City of Aspen. We do hereby authorize Ben Fierstein of Vantage Construction Consulting LLC, PO Box 722 Basalt CO 81621, (813)-494-3959 to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Ben Fierstein is authorized to submit such land use applications as he shall deem appropriate concerning the Property, including an application for No Negative Effect. Further, he is authorized to represent us in any meetings or hearings with staff and the City’s decision-making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Ben Fierstein. Very truly yours, WJM508 LLC By: ________________________________ Name: William Macklowe Title: Manager Ben Fierstein <vantageaspen@gmail.com> Fwd: Regarding: Certificate of No Negative Effect Ken Citron <kcitron@kceclaw.com>Mon, Aug 9, 2021 at 3:06 PM To: Benjamin Fierstein <vantageaspen@gmail.com> From: Stacy Stanek <sstanek@garfieldhecht.com> Date: August 9, 2021 at 1:52:18 PM EDT To: "Kenneth E. Citron Esq. (kcitron@kceclaw.com)" <kcitron@kceclaw.com> Cc: Dave Lenyo <dlenyo@garfieldhecht.com>, Sasha Semple <ssemple@garfieldhecht.com> Subject:Regarding: Certificate of No Negative Effect Sent on behalf of Dave Lenyo Dear Ken Andy agrees that, because WJM has 56% of the HOA votes, that you or Mr. Macklowe are authorized to execute the Certificate of No Negative Effect on behalf of the HOA. _______________________________ David L. Lenyo Shareholder Gmail - Fwd: Regarding: Certiﬁcate of No Negative Effect https://mail.google.com/mail/u/0?ik=fe79101076&view=pt&search=all&permmsgid=msg-... 1 of 2 8/12/21, 8:46 AM Garﬁeld & Hecht, P.C. Aspen | Avon | Carbondale | Crested Butte | Denver | Glenwood Springs | Riﬂe 625 East Hyman Avenue, Suite 201 Aspen, Colorado 81611 Phone: (970) 925-1936 x206 Facsimile: (970) 925-3008 Email: dlenyo@garfieldhecht.com Webpage:www.garfieldhecht.com NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and conﬁdential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notiﬁed that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (970-925-1936) and delete this message and all copies and backups thereof. Thank you. Gmail - Fwd: Regarding: Certiﬁcate of No Negative Effect https://mail.google.com/mail/u/0?ik=fe79101076&view=pt&search=all&permmsgid=msg-... 2 of 2 8/12/21, 8:46 AM 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:Q62013210 Date: 08/06/2021 Property Address:508 E COOPER AVE # 201, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance 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 Seller/Owner WJM508 LLC Attention: WILLIAM S. MACKLOWE Delivered via: No Commitment Delivery Attorney for Seller KLEIN COTE EDWARDS CITRON LLC Attention: IVANA BASEVSKI 101 SOUTH MILL ST SUITE 200 ASPEN, CO 81611 (970) 925-8700 (Work) ivana@kceclaw.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:Q62013210 Date: 08/06/2021 Property Address:508 E COOPER AVE # 201, ASPEN, CO 81611 Parties:TO BE DETERMINED WJM508 LLC, A COLORADO LIMITED LIABILITY COMPANY COLORADO 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 01/14/2015 under reception no. 616721 Pitkin county recorded 08/16/2018 under reception no. 649601 Plat Map(s): Pitkin county recorded 12/21/2012 under reception no. 595165 at book 101 page 37 Pitkin county recorded 01/13/2014 under reception no. 607254 at book 105 page 87 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: 508 E COOPER AVE # 201, ASPEN, CO 81611 1.Effective Date: 07/30/2021 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: WJM508 LLC, A COLORADO LIMITED LIABILITY COMPANY COLORADO 5.The Land referred to in this Commitment is described as follows: PARCEL 1: UNIT 201, COOPER STREET CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 21, 2012 IN PLAT BOOK 101 AT PAGE 37 AND DESCRIBED AND DEFINED BY THE CONDOMINIUM DECLARATION FOR COOPER STREET CONDOMINIUMS RECORDED DECEMBER 21, 2012 UNDER RECEPTION NO. 595164, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL 2: UNIT P-3, ACCORDING TO THE CONDOMINIUM MAP OF ASPENHOF, RECORDED NOVEMBER 27, 1970 IN PLAT BOOK 4 AT PAGE 136 AND FIRST AMENDED CONDOMINIUM MAP OF ASPENHOF (A CONDOMINIUM), RECORDED JULY 29, 1977 IN PLAT BOOK 6 AT PAGE 10 AND SECOND AMENDED CONDOMINIUM MAP OF ASPENHOF (A CONDOMINIUM) RECORDED JANUARY 13, 2014 UNDER RECEPTION NO. 607254, COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62013210 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62013210 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 TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.CERTIFICATE OF RIGHT OF FIRST REFUSAL IN COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF CONDOMINIUM DECLARATION. 3.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF WJM508 LLC, A COLORADO LIMITED LIABILITY COMPANY COLORADO AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4.WARRANTY DEED FROM WJM508 LLC, A COLORADO LIMITED LIABILITY COMPANY COLORADO 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 DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7, 1887 IN BOOK 59 AT PAGE 13 AND RECORDED JANUARY 10, 1888 IN BOOK 59 AT PAGE 256 AND RECORDED FEBRUARY 29, 1888 IN BOOK 59 AT PAGE 368, 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.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 02, 1953 IN BOOK 180 AT PAGE 113. 10.TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGEMENT RECORDED MAY 02, 1969 IN BOOK 240 AT PAGE 805. 11.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 17, SERIES OF 2006 RECORDED JULY 28, 2006 AT RECEPTION NO. 526958. 12.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 6, SERIES OF 2007 RECORDED AUGUST 08, 2007 AT RECEPTION NO. 540763. 13.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 28, SERIES OF 2007 RECORDED DECEMBER 10, 2007 AT RECEPTION NO. 544754. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013210 14.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 24, SERIES OF 2008 RECORDED JANUARY 21, 2010 AT RECEPTION NO. 566377. 15.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED APRIL 20, 2011 AT RECEPTION NO. 579272. 16.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT, SUBSURFACE ENCROACHMENT EASEMENT AND RECIPROCAL ENCROACHMENT EASEMENT RECORDED MAY 27, 2011 AT RECEPTION NO. 580198. 17.TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AND EASEMENT AGREEMENT RECORDED JUNE 15, 2012 AT RECEPTION NO. 589841. 18.TERMS, CONDITIONS AND PROVISIONS OF SCRIVENER'S AFFIDAVIT RECORDED JULY 24, 2012 AT RECEPTION NO. 590843. 19.TERMS, CONDITIONS AND PROVISIONS OF FIREWALL EASEMENT RECORDED JULY 06, 2012 AT RECEPTION NO. 590418. 20.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS RECORDED OCTOBER 30, 2012 AT RECEPTION NO. 593554 AND AMENDED AND RESTATED DECLARATION OF COVENANTS RECORDED NOVEMBER 7, 2012 UNDER RECEPTION NO. 593771. 21.CONDOMINIUM DECLARATION FOR COOPER STREET CONDOMINIUMS, 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 DECEMBER 21, 2012, UNDER RECEPTION NO. 595164 AND AMENDMENT RECORDED JANUARY 14, 2015 AS RECEPION NO. 616710. SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 18.1 OF SAID DECLARATION. 22.EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE CONDOMINIUM MAP OF COOPER STREET CONDOMINIUMS RECORDED DECEMBER 21, 2012 IN PLAT BOOK 101 AT PAGE 37. 23.TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE APPLICATION RECORDED FEBRUARY 14, 2013 AT RECEPTION NO. 597026. 24.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF STORMWATER BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT RECORDED JUNE 9, 2016 AS RECEPTION NO. 629889. (ITEMS 8-23 AFFECT PARCEL 1) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013210 25.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7, 1887 IN BOOK 59 AT PAGE 13, RECORDED JANUARY 4, 1888 IN BOOK 59 AT PAGE 248 AND RECORDED JANUARY 18, 1888 IN BOOK 59 AT PAGE 301, 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. 26.TERMS, CONDITIONS, PROVISIONS, RESERVATIONS AND RESTRICTIONS CONTAINED IN DEEDS RECORDED OCTOBER 10, 1957 IN BOOK 182 AT PAGE 390, RECORDED MARCH 4, 1958 IN BOOK 183 AT PAGE 292, RECORDED JANUARY 16, 1959 IN BOOK 186 AT PAGE 382, RECORDED JANUARY 10, 1959 IN BOOK 186 AT PAGE 354, RECORDED JANUARY 10, 1959 IN BOOK 186 AT PAGE 355, RECORDED FEBRUARY 16, 1965 IN BOOK 211 AT PAGE 493, RECORDED FEBRUARY 16, 1965 IN BOOK 211 AT PAGE 495, RECORDED SEPTEMBER 16, 1969 IN BOOK 243 AT PAGE 279, RECORDED MARCH 20, 1970 IN BOOK 247 AT PAGE 480. 27.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 23, 1965 IN BOOK 211 AT PAGE 551. 28.TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGMENT RECORDED MAY 02, 1969 IN BOOK 240 AT PAGE 805. 29.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 20, 1970 IN BOOK 247 AT PAGE 480. 30.CONDOMINIUM DECLARATION FOR ASPENHOF CONDOMINIUMS, 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 NOVEMBER 27, 1970, IN BOOK 252 AT PAGE 49 AND AS AMENDED IN INSTRUMENT RECORDED JULY 29, 1977, IN BOOK 332 AT PAGE 606 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 03, 1977, IN BOOK 332 AT PAGE 903, AND RECORDED JUNE 22, 1982 IN BOOK 428 AT PAGE 238 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 26, 2014 UNDER RECEPTION NO. 608230. 31.TERMS, CONDITIONS AND PROVISIONS OF STATEMENT OF EXEMPTION RECORDED JULY 26, 1977 IN BOOK 332 AT PAGE 397. 32.EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PLAT OF ASPENHOF CONDOMINIUMS RECORDED NOVEMBER 27, 1970 IN PLAT BOOK 4 AT PAGE 136 AND FIRST AMENDMENT RECORDED JULY 29, 1977 IN PLAT BOOK 6 AT PAGE 10 AND SECOND AMENDED PLAT RECORDED JANUARY 13, 2014 IN PLAT BOOK 105 AT PAGE 87. 33.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RECIPROCAL EASEMENT AND JOINT MAINTENANCE AGREEMENT RECORDED SEPTEMBER 12, 2014 AS RECEPTION NO. 613484. 34.TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED JANUARY 22, 1982 IN BOOK 420 AT PAGE 172. (ITEMS 24-32 AFFECT PARCEL 2) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013210 35.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 36.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13, 1979 IN BOOK 363 AT PAGE 374. 37.TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENT AND JOINT MAINTENANCE AGREEMENT RECORDED MARCH 25, 2014 AT RECEPTION NO. 608889. (ITEMS 33-35 AFFECT PARCELS 1 AND 2) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013210 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. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. 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 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, 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 Craig B. Rants, 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) I ■ I ��I A�•�I� � ■��I I 11 I I 1 1 1 I I !11 I A�� CONDOMINIUM MAP OF: COOP R STR T CONDOMINIUMS F T L THE SOUTHERLY 7 FEET F LOT M ALL OF PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE ALL OF THE EASTERLY 18 INCHES OF THE SOUTHERLY 68 FEET 0 LOT SOU 0 O O , LOT N EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CITY AND TOWNSITE OF ASPEN TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH IN DEED RECORDED AUGUST 22, 1969 IN BOOK 243 AT PAGE 279, ALSO KNOWN AS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 5 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, COOPER STREET DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNER OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS: THE EASTERLY 18 INCHES OF THE SOUTHERLY 68 FEET OF LOT L, THE SOUTHERLY 70 FEET OF LOT M, ALL OF LOT N EXCEPT THE EASTERLY 23.75 FEET, BLOCK 95, CITY AND TOWNSITE OF ASPEN TOGETHER WITH THE PARTY WALL RESERVATIONS AND RIGHTS AS SET FORTH IN DEED RECORDED AUGUST 22,1969 IN BOOK 243 AT PAGE 279 COUNTY OF PITKIN, STATE OF COLORADO. HAS BY THESE PRESENTS LAID OUT, PLATTED, CREATED AND SUBDIVIDED THE SAME AND ALL IMPROVEMENTS THEREON AS A CONDOMINIUM COMMON INTEREST COMMUNITY AS SHOWN ON THIS CONDOMINIUM MAP OF COOPER STREET CONDOMINIUMS (AS SUPPLEMENTED, FROM TIME TO TIME, THE "MAP"), INITIALLY CONSISTING OF ONE (1) RESIDENTIAL UNIT, TWO (2) COMMERCIAL UNITS, AND APPURTENANT CO MON ELEMENTS, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE CONDOMINIUM DECLARATION FOR THE COOPER STREET CONDOMINIUMS, RECORDED < • 01 __, 2012, AT RECEPTION NO. CT0XIA (AS AMENDED FROM TIME TO TIME, THE "DECLARATION"). CAPITALIZED TERMS USED ON THIS MAP WITHOUT FURTHER SPECIFIC DEFINITION HAVE THE MEANINGS GIVEN TO THEM IN THE DECLARATION. EXECUTED THIS 17 +-k DAY OF 2012. OWNER: COOPER STREET DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY BY: COOPER STREET PIER, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGER BY: ANDREW V. HECHT, MANAGER STATE OF COLORADO) ) SS COUNTY OF PITKIN) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS. I t DAY OF y �� 2012, BY ANDREW V. HECHT AS MANA COOPER STREET PIER, LLC, AS MANAGER OF COOPER STREET DEVELOPMENT LLC. WITNESS MY HAND AND OFFICIAL SEAL STACY STANEEK NOTARY PUBLIC N0 PUBLI STATE OF COLORADO NOTARY 10 #20024032730 My ComnlipOn Expies October 7, 2014 MY COMMISSION EXPIRES: MY ADDRESS IS: �� N . b` fir W ��Z~ TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, F ASPEN M NI MUNICIPAL ODE THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE DOES HEREBY CERTIFY, PURSUANT TO SECTION 2015 (J) 0 THEU C CODE, SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE LAND TITLE COMMITMENT ISSUED BY LAND TITLE GUARANTEE COMPANY, UNDER ORDER NO. Q62004917-2, EFFECTIVE DATE NOVEMBER 30, 2012. 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 LAND TITLE GUARANTEE COMPANY, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY: DATE 2• , 2012. AS: *r? Tie M11 eK ADDRESS: 533 HOPKINS #102 ASPEN, CO 81611 STATE OF COLORADO) COUNTY OF kI ) ' THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF'DtCf*+f.A , 2012, BY Xiltr4 Eeere-6m AS TITLE OFFICER OF LAND TITLE GUARANTEE COMPANY, INC. WITNESS MY HAND AND OFFICIAL SEAL TAMMY J. SOMMERFELD TARY I NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104012476 My Commission Expires April 12, 2014 DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL THE APPLICATION FOR CONDOMNIUMIZATION SET FORTH N THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLI WITH THE ==, PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 012. TO THEEXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR 1N CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUI IN CODES, SUCH ER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. C64MUNITY DEVELOPMENT DIRECTOR CITY ENGINEER REVIEW THIS CONDOMINIUM MAP OF COOPER STREET CONDOMINIUMS , SHOWN HEREON, WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS I —q'ry DAY OF 2012. CI WENGINEER NOTI ti RDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFT>xR Y hRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BA i! ; ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN F , HE DATE OF CERTIFICATION SHOWN HEREON. LEGEND - CITY OF ASPEN STREET MONUMENT Q. - FOUND PROPERTY CORNER Q - SET PROPERTY CORNER FOUND BRASS DISK LS #28643 `4] G L MARCIN CONTROL GALENA & HOPKINS G PS-5 ur W rn� ti m CO O O o FOUND BRASS DISK m f— LS #28643 1) CERTIFICATES, NOTES, CONTROL, EXTERIOR BOUNDARY, AND VICINITY MAPS 2) BUILDING DIMENSIONS, EASEMENTS AND ENCROACHMENT DETAIL 3) PLAN VIEWS 4) PLAN VIEWS 5) ELEVATION VIEWS a S � , ricer (;CLJR,;F. � a...�4 !4 3 .,'t at�r ;v'g_� Ate„ ya :� tl cr*%In, JrY G S 1? te! 1� �irnne L ,air. ..+� �� `�. r.. � r , 'a --a..' � 4 � ,y""- ; •�J � �< �a�lc.VNN- +. ,r # , S{ ,.k. +,�`....� �..d'' "_��'•y �°bq • raj,. tt«: �,K�,4' Water..... �� r't # i tt{�� ' �4 `ls`t, �;i �,�� f,�4�', &�:k. -(;.r. #r. r�• ,.i?� � i:�:l;°.`t , to - u.,. s .I+�ir`. � i .'"}r 1; il+ �f}� . �� \. }` � t'1t'. ' '`�'1 a ^a �Y',.t i It• • ."�AR4 ,� �g�ro,». :.r!`t"..,( }I t/, ;}+ �, , iz i1. tjt'.� i�Xd �. "� tgflpi"yn•�p �:�, „j �I yr jj •Pi HYMgN q VENU SCALE:1" = 2000' E (74'80, 141E GENERAL NOTES NT OF INgY FOUND REBAR & CAP A) DATE OF SURVEY: JUNE-OCTOBER 2012. LS #2376 FOUND BRASS DISK B) DATE OF PREPARATION: AUGUST-DECEMBER 2012. V WC LS #28643 C) BASIS OF BEARING: A BEARING OF N 14°50'49" E BETWEEN THE SOUTH WESTERLY CORNER OF BLOCK 95 AND THE NORTH WESTERLY CORNER OF SAID BLOCK 95. D) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15,1959, CITY OF ASPEN GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING LLC, DATED DECEMBER 2, 2009, THE MAP OF ASPENHOF REC #143297, THE FIRST AMENDED CONDOMINIUM MAP OF ASPENHOF REC #196227, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. E) BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7926.43 FEET ON SOUTH WESTERLY CORNER OF THE PROPERTY BOUNDARY (ALSO THE BUILDING UNIT TIE CORNER). .OT C F) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR _ SOT ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED 1N NOTE 4 ' A S�5°p9'11 SET 3' WC PK SHINER O AND THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, UNDER Q62004917-2, EFFECTIVE DATE NOVEMBER 30, 2012. 2,737 82 LOTL 9� 28' LS #28643 S75°09'11"E 6.34' LOTF G) THE LINEAR UNIT USED IN THE PREPARATION OF THIS MAP IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, C/0 G/ ADA vSA CORP 9 E SET 3 WC PK SHINER NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. fo RP otM � g COTS E610 Y BEST 2NE�l• CFO f COCK 95 q<<E� H) ALL OFFICE. RECEPTION NUMBERS REFERENCED HEREON ARE FOR DOCUMENTS RECORDED IN THE PITKIN COUNTY, COLORADO CLERK AND RECORDER'S O K, NV ST M OT lV S7S � °Sp 9�19 f 6 LOT O 1) SCHEDULE B-2 EXCEPTIONS FROM TITLE COMMITMENT ORDER NO, Q62004917-2. Og11 EI.Sp� c� 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7,1887 IN S,S° p9,11 „F 3 COT P BOAT PAGOK 59 E 3 8, PROVIDING AS FOLLOWS: NO TIT PAGE 13 AND RECORDED JANUARY 10, TLE SHALL BE HEREBY ACIN BOOK 59 AT PAGE QUIRED UIRED TO ANY MINE OF GOLD, SILVAND RECORDED FEBRUARY VEER IN BOOK p,p9, 59 G Q , 0 0 0 0 y 27371 g9 VOCK Cq2 4006 CgR80Nazi �V . N DR # C E CO 816201 6 57 FOUND PK NAIL & SHINER LS #24302 CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 02,1953 N BOOK 180 AT PAGE.113. 10. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGEMENT RECORDED MAY 02,1969 IN BOOK 240 AT PAGE 805. 0 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13,1975 IN BOOK 295 AT o PAGE 515. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13,1979 IN BOOK 3 q$P 2 3718 363 AT PAGE 374. //tyjU EN of C� 24800 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 17, SERIES OF 2006 RECORDED JULY 28, 2006 AT RECEPTION NO. C T/ o C NQ 526958. eti� ©RV ry SZ E OWN ARr.ASSOC 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 6, SERIES OF 2007 RECORDED AUGUST 08, 2007 AT RECEPTION NO. li�G (> qS E OPER q 540763. 40 N7 5°p9,11-W S8 g9, y�O '-' O PROJECT BENCHMARK MM EL=7926.43 Nag°p9'11"W SET PK SHINER 3793 LS #28643 MARCIN CONTROL COOPERAVENU GALENA & DURAN 2 E (�3, ��, RfGyT OF wq Y) CONTROL MAP LIENHOLDER'S SUBORDINATION N, Co 8161 VE 15. 16. 17. 18. 19. 20. 21. SET BRASS DISK 22. LS #28643 THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.590842 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS CONDOMINIUM MAP OF COOPER STREET 20 CONDOMINIUMS AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS � D Y OF 4 , 2012. ANB B ®" BY. AS: II41. `� STATE OF C[ IIS COUNTY OF )` THE FOREGOING INSTRUMENT S ACKNOWLEDGED BEFORE ME THIS DAY OF pe2012, BY NVIn C "Ir d AS eO" OF ANB BANK. WITNESS MY HAND AND OFFICIAL SEAL. S O P R I S ENGINEERING - MY COMMISSION EXPIRES: My Commission Expims 10120/2014 CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOTARY PUBLIC CARBONDALE, COLORADO 81623 (970) 704-0311 TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 28, SERIES OF 2007 RECORDED DECEMBER 10, 2007 AT RECEPTION NO. 544754. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 24, SERIES OF 2008 RECORDED JANUARY 21, 2010 AT RECEPTION NO. 566377. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED APRIL 20, 2011 AT RECEPTION NO.579272. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT, SUBSURFACE ENCROACHMENT EASEMENT AND RECIPROCAL ENCROACHMENT EASEMENT RECORDED MAY 27, 2011 AT RECEPTION NO. 580198. TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AND EASEMENT AGREEMENT RECORDED JUNE 15, 2012 AT RECEPTION NO.589841. TERMS, CONDITIONS AND PROVISIONS OF SCRIVENER'S AFFIDAVIT RECORDED JULY 24, 2012 AT RECEPTION NO.590843. TERMS, CONDITIONS AND PROVISIONS OF FIREWALL EASEMENT RECORDED JULY 06, 2012 AT RECEPTION NO.590418. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS RECORDED OCTOBER 30, 2012 AT RECEPTION NO. 593554 AND AMENDED AND RESTATED DECLARATION OF COVENANTS RECORDED NOVEMBER 7, 2012 UNDER RECEPTION NO. 593771. 23. EXISTING LEASES AND TENANCIES, IF ANY. SURVEYOR'S CERTIFICATE I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF COOPER STREET CONDOMINIUMS; 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 GRAPHIC SCALE SURVEYS PERFORMED UNDER MY SUPERVISION IN JUNE THROUGH OCTOBER 2012; 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 (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION o io 20 ao 80 38-33.3-209 OF THE COLORADO REVISED STATUTES, AND (ii) 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. ( IN FEET) RECORDED EASEMENTS, RIGH - RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT 1 inch = 20 ft. PREPARED BY LAND TITLE r �1 EE UNDER CASE NO. Q62004917-2, EFFECTIVE DATE NOVEMBER 30, 2012. c , :-' MARK S. �ECKLER, P.LjyS 3 �, ,� ••• 0,10J•.• �� RECEPTION#: 595165, 12/21/2012 at C>: I �j �'��• • • ... • ° � J` 11:38:58 AM, 1 OF 5, R $51.00 Janice K. is DATED G �/ 2 ANAL LVos Caudill, Pitkin County, COif PLAT BK 101 PG 37 •' CLERK AND RECORDER'S ACCEPTANCE LLC THIS CONDOMINIUM MAP OF COOPER STREET CONDOMINIUMS IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT eZX_O'CLOCK .M., THIS DAY OF �� 2012, IN PLAT BOOIS/��, AT PAGES �_, RECEPTION NO. S PITKIN COLIN K AND RECORDi sb 12023.12/12/12 12023-CONDO.DWG LEGEND GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT OF - UNFINISHED FLOOR UC - UNFINISHED CEILING OR STRUCTURAL ELEN INTERIOR COLUMNS (STRUCTURAL ELEMENTS) P BUILDING UTILITIES, IF ANY, WITHIN A CONDOMI� LCE BOUNDARY ARE GENERAL COMMON ELEMEI ELEMENTS, IF ANY, AND ANY INTERIOR WALLS R EXCLUDED FROM THE UNIT SQUARE FOOT CALC N14050'49"E NORTH -SOUTH -EXTERIOR WALL[ N75009'11"w EAST -WEST -EXTERIOR WALL BE A N14050'49"E NORTH -SOUTH -INTERIOR WALL B N75009'11"w EAST -WEST -INTERIOR WALL BEA] — — — — — — — — DENOTES UNIT AREA CHANGE IN FLOOR EL - - --- -- CHANGE IN CEILING E ti. GCE (TYP.) LCE (TYP.) AREA SUBJECT TO FIF (REC #590418) AREA SUBJECT TO TF OCONSTRUCTION G� EASE ENCROACHMENT EAS ENCROACHMENT EA,c O AREA SUBJECT TO G/ EASEMENT AGREEME GENERAL NOTES A) DATE OF SURVEY: JUNE-OCTOBER 2012. B) DATE OF PREPARATION: AUGUST-DECEMBER 2012. C) BASIS OF BEARING: A BEARING OF N 14050'49" E BETWEEN THE SOUTH WESTERLY CORNER OF BLOCK 95 AND THE NORTH WESTERLY CORNER OF SAID BLOCK 95. D) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15,1959, CITY OF ASPEN GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING LLC, DATED DECEMBER 2, 2009, THE MAP OF ASPENHOF REC #143297, THE FIRST AMENDED CONDOMINIUM MAP OF ASPENHOF REC #196227, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. E) BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7926.43 FEET ON SOUTH WESTERLY CORNER OF THE PROPERTY BOUNDARY (ALSO THE BUILDING UNIT TIE CORNER). F) 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 PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, UNDER Q62004917-2, EFFECTIVE DATE NOVEMBER 30, 2012. G) THE LINEAR UNIT USED IN THE PREPARATION OF THIS MAP IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. H) ALL RECEPTION NUMBERS REFERENCED HEREON ARE FOR DOCUMENTS RECORDED IN THE PITKIN COUNTY, COLORADO CLERK AND RECORDER'S OFFICE. 1) SCHEDULE B-2 EXCEPTIONS FROM TITLE COMMITMENT ORDER NO. Q62004917-2. 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED OCTOBER 7,1887 IN BOOK 59 AT PAGE 13 AND RECORDED JANUARY 10,1888 IN BOOK 59 AT PAGE 256 AND RECORDED FEBRUARY 29,1888 IN BOOK 59 AT PAGE 368, 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. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 02,1953 IN BOOK 180 AT PAGE 113. 10. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGEMENT RECORDED MAY 02,1969 IN BOOK 240 AT PAGE 805. 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13,1975 IN BOOK 295 AT PAGE 515. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED FEBRUARY 13,1979 IN BOOK 363 AT PAGE 374. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 17, SERIES OF 2006 RECORDED JULY 28, 2006 AT RECEPTION NO.526958. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 6, SERIES OF 2007 RECORDED AUGUST 08, 2007 AT RECEPTION NO.540763. 15. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 28, SERIES OF 2007 RECORDED DECEMBER 10, 2007 AT RECEPTION NO. 544754. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 24, SERIES OF 2008 RECORDED JANUARY 21, 2010 AT RECEPTION NO.566377. 17. TERMS; CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED APRIL 20, 2011 AT RECEPTION NO.579272. 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT, SUBSURFACE ENCROACHMENT EASEMENT AND RECIPROCAL ENCROACHMENT EASEMENT RECORDED MAY 27, 2011 AT RECEPTION NO.580198. 19. TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AND EASEMENT AGREEMENT RECORDED JUNE 15, 2012AT RECEPTION NO.589841. 20. TERMS, CONDITIONS AND PROVISIONS OF SCRIVENER'S AFFIDAVIT RECORDED JULY 24, 2012 AT RECEPTION NO.590843. 21. TERMS, CONDITIONS AND PROVISIONS OF FIREWALL EASEMENT RECORDED JULY 06, 2012 AT RECEPTION NO.590418. 22. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS RECORDED OCTOBER 30, 2012 AT RECEPTION NO.593554 AND AMENDED AND RESTATED DECLARATION OF COVENANTS RECORDED NOVEMBER 7, 2012 UNDER RECEPTION NO.593771. 23. EXISTING LEASES AND TENANCIES, IF ANY. CONDOMINIUM MAP OF: COOPER STREET CONDOMINIUMS 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. 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHFFT 9 nF 5 MAIN LEVEL EXTERIOR PLAN VIEW scale 1 =5' 5 QUALITY ICE FILED AS GRAPHIC SCALE 0 2.5 5 10 ( IN FEET) 1 inch = 5 ft. MAIN LEVEL GCE DETAIL SOPRIS ENGINEERING - LLC scale 1"=6' CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 20 sb 12023 12/12/12 12023-CONDO.DWG CONDOMINIUM MAP OF: MAIN LEVEL PLAN VIEW scale I"=5' COOPER STREETC - ONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY F PITKIN, STATE OF COLORADO SHEET 3 OF 5 PLAN VIEWS UC=7941.32 ILi 11 a3.f n qNIT0 u �I I UC-19 SF 7144.77 2 6' �n (STAIRS) \ M ��-E , UC=7947.69 - , AC=7947.01 SC=7947.10 I 110.681 1 1 1 1 FEET T-E---JII iSTII IS I I I (5011RSI) I I )1 I f }r.------- L5�7_5 _ _ I_' UC=7947.50 � �.7y- - --- ( - UC=7947.68 UC=7 8.18 - N - -.I _ __ _..i ei 4 F,36':::JI UC=7947.36 I _ ...__ UC=7947.60 UC=7947.66 UC=7967.86 UF=7914.40 % 939 40 , 8. 9 UNIT TIE CORNEK/PROJECT"� --- E\��\�� BENCHMARK BEARS 1 S48"08'24"W 44.48' 1 jI1 tG UC=7947.84 .�,� y�'y UNIT 201 uc 7947 \\~ E - 1,416 SF of .; 2.8 UC=7947.36 \. ' - _ Ln \ \.. UC=7946.45 TIE CO ER/ UNIT INN - ------ PROJECT BENEOI ARIC-BEARS � O - S68' 00 4 3 W 17.92' 9.24'. v� UNIT TIE CORNER/PROJECT O I UC=7947.34 BENCHMARK BEARS UC=7947.35 S33°26'45"W 54.09' UC=7947.56'`O UC=7947.58 I I UNIT 101 UC-7946.19 UC=7947.65 .� .. ' N 250 SF 7.88 i MC-7946.12 7.87' SC=7946.59 unCq m u�i \ _ t x, UC=7947.42 - -- -- -. i _-2312- 26.32' 0 - - `'- - -'55' - - - _ UNIT TIE CORNER/PROJECT BENCHMARK BEARS S54"00'56"W 2.65' SECOND LEVEL PLAN VIEW scale 1"=5' © UNIT 201 _ 49 SF r, (ELEVATOR) a MAP NOTES: 1) PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION 2) UNIT DIMENSIONS ARE FROM UNFINISHED PERIMETER WALL SURFACE TO UNFINISHED PERIMETER WALL SURFACE; CEILING DIMENSIONS ARE FROM UNFINISHED FLOOR TO UNFINISHED DRYWALL CEILING OR LOWEST CEILING STRUCTURAL ELEMENT 3) ALL LCE AREAS ASSOCIATED WITH UNIT 201 FINISHED FACADE ON THE EXTERIOR AND FINISHED DRYWALL TO FINISHED DRYWALL INSIDE, UNLESS NOTED OTHERWISE 4) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE COOPER STREET CONDOMINIUMS UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. THE TERM GCE IS INTENDED TO INCORPORATE AND NOT LIMIT THE COMPONENTS INCLUDED IN THE DEFINITION OF "COMMON ELEMENTS" UNDER THE DECLARATION, UNLESS OTHERWISE IDENTIFIED AS LCE. 5) WINDOWS AND DOOR FRAMES ARE PART OF THE UNIT AND NOT CONSIDERED GCE 6) EASEMENT FOR EMERGENCY ACCESS AS SET FORTH IN SECTION 4.1(a) OF THE CONDOMINIUM DECLARATION. 7) ELEVATORS WITH UNITS ARE DESCRIBED AS BOUNDED BY THE INTERIOR WALL OF THE ELEVATOR SHAFT FROM THE FLOOR ELEVATION OF THE LOWEST ACCESS LEVEL TO THE CEILING ELEVATION OF THE HIGHEST ACCESS LEVEL. THE FLOOR AREA OF THE INTERIOR ELEVATOR SHAFT IS ADDED TO THE UNIT AREA ON EACH LEVEL THE ELEVATOR ACCESS. 8) FOUNDATION WALL OPENING AS SET FORTH IN SECTION 3.1 OF THE CONDOMINIUM DECLARATION. 9) UNIT 001 IS SUBJECT TO THE RESTRICTIONS FOUND IN THE AMENDED AND RESTATED DECLARATION OF COVENANTS RECORDED AS RECEPTION NUMBER 593771. AREA TABLE (SF) ../� LCE UNIT USAGE 001 0 1,687 COMMERCIAL 101 0 1,764 COMMERCIAL 201 1,933 41415 RESIDENTIAL GRAPHIC SCALE 5 0 2.5 5 10 20 ( IN FEET) 1 inch = 5 ftf LEGEND GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT OF - UNFINISHED FLOOR UC - UNFINISHED CEILING SC - CEILING STRUCTURAL ELEMENT INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14050'49"E NORTH -SOUTH -EXTERIOR WALL BEARING (TYP.) N75°0911 "w EAST -WEST -EXTERIOR WALL BEARING (TYP.) N14050'49"E NORTH -SOUTH - INTERIOR WALL BEARING (TYP.) N75°09'11"w EAST -WEST -INTERIOR WALL BEARING (TYP.) DENOTES UNIT AREA BETWEEN LEVELS FOR STAIRWAY (TYP.) CHANGE IN FLOOR ELEVATION (TYP.) CHANGE IN CEILING ELEVATION (TYP.) ~E�~E �E GCE (TYP.) rE��// �LCE (TYP:) BASEMENT LEVEL PLAN VIEW scale 1 =5 SOPRIS ENGINEERING - LLC it CIVIL CONSULTANTS 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 sb 12023 t2/?2/12 12023-CONDO:DWG YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. FOURTH LEVEL PLAN VIEW scale 1"=5' CONDOMINIUM MAP OF: COOPER STREET CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 4 OF 5 PLAN VIEWS ROOF LEVEL PLAN VIEW scale 1"=5' 15/o/ P44/fo 8.00 1 10.18 4U.UU - „ - � I STjAI / ( ,I � MAP NOTES: UC=7957.93 j `" ''"I✓'C / %+ / ` 1) PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION �' — // j j /1j 2) UNIT DIMENSIONS ARE FROM UNFINISHED PERIMETER WALL SURFACE TO UNFINISHED PERIMETER WALL SURFACE; CEILING DIMENSIONS ARE FROM UNFINISHED FLOOR TO �+�� UNFINISHED DRYWALL CEILING OR LOWEST CEILING STRUCTURAL ELEMENT _3_95, o UNIT 201 _ {� 3) ALL LCE AREAS ASSOCIATED WITH UNIT 201 FINISHED FACADE ON THE EXTERIOR AND FINISHED DRYWALL TO FINISHED DRYWALL INSIDE, UNLESS NOTED OTHERWISE 49 SF o ; 4rn UC=7958.38 16 ELEVATOR 1 f, / ti ( ) I 1 4) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE COOPER STREET CONDOMINIUMS UNLESS IDENTIFIED AS A LIMITED (: UC=7967.86 ! /� I COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. THE TERM GCE IS INTENDED TO INCORPORATE AND NOT LIMIT THE UF=7914.40 °' j ! / COMPONENTS INCLUDED IN THE DEFINITION OF "COMMON ELEMENTS" UNDER THE DECLARATION, UNLESS OTHERWISE IDENTIFIED AS LCE. _7 56, �'f �I1. fj/ ~� 5) WINDOWS AND DOOR FRAMES ARE PART OF THE UNIT AND NOT CONSIDERED • GCE. UNIT TIE CORNER/PROJECT UF=7954.55 UC=7958.23 I I I' " BENCHMARK BEARS / jj / / 6) EASEMENT FOR EMERGENCY ACCESS AS SET FORTH IN SECTION 4.1(a) OF THE CONDOMINIUM DECLARATION. S48°08'24"W 44.48'� ��•, UC=7958.20 w f , ji j 7) ELEVATORS WITH UNITS ARE DESCRIBED AS BOUNDED BY THE INTERIOR WALL OF THE ELEVATOR SHAFT FROM THE FLOOR ELEVATION OF THE LOWEST ACCESS LEVEL TO THE CEILING m UC=7957.58 / fELEVATION OF THE HIGHEST ACCESS LEVEL. THE FLOOR AREA OF THE INTERIOR ELEVATOR SHAFT IS ADDED TO THE UNIT AREA ON EACH LEVEL THE ELEVATOR ACCESS. Ln 1 UC=7959.31 �„ ~ ~ 8) FOUNDATION WALL OPENING AS SET FORTH IN SECTION 3.1 OF THE CONDOMINIUM DECLARATION. I I UNIT 201 UC=7957.26 1,631 SF'`' I 7 j % 9) UNIT 001 IS SUBJECT TO THE RESTRICTIONS FOUND IN THE AMENDED AND RESTATED DECLARATION OF COVENANTS RECORDED AS RECEPTION NUMBER 593771. UF=7949.72 I UC=7957.69 4 AREA TABLE (SF) ° ° r LCE UNIT USAGE 001 0 1,687 COMMERCIAL 101 0 1,764 COMMERCIAL 201 1,933 4,415 RESIDENTIAL 1 UF=7948.57 � GRAPHIC SCALE UC=7958.37 5 0 2.5 5 10 20 UC=7958.24 UC--7957.16 j j f UNIT TIE CORNER/PROJECT.BENCHMARK BEARS S23°09'14"W 9.16' IN FEET UC=7957.48� UC-7957.36 ------------------------------- 1 inch = 5 ft. t 48.00' THIRD LEVEL PLAN VIEW scale 1"=5' 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. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 LEGEND GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT OF - UNFINISHED FLOOR UC - UNFINISHED CEILING SC - CEILING STRUCTURAL ELEMENT S( (STRUCTURAL COLUMN INTERIOR AND ATTACHED U ELEMENTS) BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14050'49"E NORTH -SOUTH -EXTERIOR WALL BEARING (TYP.) N75009'11 "w EAST -WEST -EXTERIOR WALL BEARING (TYP.) N14050'49"E NORTH -SOUTH -INTERIOR WALL BEARING (TYP.) N75009'11"w EAST -WEST -INTERIOR WALL BEARING (TYP.) — — — — — — — — DENOTES UNIT AREA BETWEEN LEVELS FOR STAIRWAY (TYP.) -- - - CHANGE IN FLOOR ELEVATION (TYP.) CHANGE IN CEILING ELEVATION (TYP.) GCE (TYP.) J// f �/` �� LCE (TYP.) sb 12023 12/12/12 12023-CONDQ.DWG NORTH ELEVATION VIEW SCALE 1"=10' MAP NOTES: 1) PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION 2) UNIT DIMENSIONS ARE FROM UNFINISHED PERIMETER WALL SURFACE TO UNFINISHED PERIMETER WALL SURFACE; CEILING DIMENSIONS ARE FROM UNFINISHED FLOOR TO UNFINISHED DRYWALL CEILING OR LOWEST CEILING STRUCTURAL ELEMENT 3) ALL LCE AREAS ASSOCIATED WITH UNIT 201 FINISHED FACADE ON THE EXTERIOR AND FINISHED DRYWALL TO FINISHED DRYWALL INSIDE, UNLESS NOTED OTHERWISE 4) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE COOPER STREET CONDOMINIUMS UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. THE TERM GCE IS INTENDED TO INCORPORATE AND NOT LIMIT THE COMPONENTS INCLUDED IN THE DEFINITION OF "COMMON ELEMENTS" UNDER THE DECLARATION, UNLESS OTHERWISE IDENTIFIED AS LCE. 5) WINDOWS AND DOOR FRAMES ARE PART OF THE UNIT AND NOT CONSIDERED GCE. 6) EASEMENT FOR EMERGENCY ACCESS AS SET FORTH IN SECTION 4.1(a) OF THE CONDOMINIUM DECLARATION. 7) ELEVATORS WITH UNITS ARE DESCRIBED AS BOUNDED BY THE INTERIOR WALL OF THE ELEVATOR SHAFT FROM THE FLOOR ELEVATION OF THE LOWEST ACCESS LEVEL TO THE CEILING ELEVATION OF THE HIGHEST ACCESS LEVEL. THE FLOOR AREA OF THE INTERIOR ELEVATOR SHAFT IS ADDED TO THE UNIT AREA ON EACH LEVEL THE ELEVATOR ACCESS. 8) FOUNDATION WALL OPENING AS SET FORTH IN SECTION 3.1 OF THE CONDOMINIUM DECLARATION. 9) UNIT 001 IS SUBJECT TO THE RESTRICTIONS FOUND IN THE AMENDED AND RESTATED DECLARATION OF COVENANTS RECORDED Bonn AS RECEPTION NUMBER 593771. 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. CONDOMINIUM MAP OF: COOP R STR T CONDOMINIUMS 508 E. COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 5 OF 5 ELEVATION VIEWS BASEMENT LEVEL (I I� �— — — — — — — — — — — — — — — — — — — — — — — — — — — —� — -� — — — — — — �TTT EAST ELEVATION VIEW SCALE 1"=10' SECTION VIEW B SCALE 1"=10' BASEMENT LEVEL — — — — — — — — — — — — — — — — SOUTH ELEVATION VIEW SCALE 1"=10' T UC=7959.31 NIT 2d, d E/=7+.8877 THIRD LEVEL UNIT 201 �— UF=7949.72 UC=7947.84 UC=7947.42 SECOND LEVEL UC=7947.36 UNIT 201 r— UF=7939.40 Z SC=1137.83 MAIN LEVEL UNIT 101 U F=7926.40 UN 001 SC=7919.24 BASEMENT LEVEL = UNIT 001 UF=7914.47 —UL SECTION VIEW A SCALE 1"=10' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 i d V41 f pq/ BASEMENT LEVEL WEST ELEVATION VIEW SCALE 1"=10' SECTION KEY NTS 4 d V41 f pq/ BASEMENT LEVEL WEST ELEVATION VIEW SCALE 1"=10' SECTION KEY NTS 4 F" F i;« .43Ar .i ! sb 12023 12/12/12 12023-CONDO.DWG