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0004.2016.ASLU/104FinalPlat3.pdf
0004.2016.ASLU/725 Cemetery Lane - Agreement To Pay Application Fees Recordation.pdf
0004.2016.ASLU/725 Cemetery Lane - BMC Planning Permission Recordation.pdf
0004.2016.ASLU/725 Cemetery Lane - HOA Compliance Recordation.pdf
0004.2016.ASLU/725 Cemetery Ln Recordation Docs - Plat Pre App.doc CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Hillary Seminick, 970.429.2741 DATE: October 9, 2015
PROJECT: 725 Cemetery Lane
REPRESENTATIVE: Brian McNellis
REQUEST: Recordation Documents Review
DESCRIPTION:
The subject property received approval for the Hutton Lot Split in Ordinance 22, Series 2015. In accordance with Section 2: Plat of the Ordinance, the Applicant shall record a lot split
that meets the requirements of the Land use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created
lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot
1 and Lot 2 shall comply with the applicable zone district provision with respect to the newly created lot boundaries and setbacks. This is not inclusive of all conditions of approval
nor the requirements of the land use code. Approval of a condo plat is an administrative function.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.pdf
Below is Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.490 Approval Documents
Review by: Staff for complete application
Engineering Dept.
Planning Fees: $975 – for three hours of Staff Review time.
Referral Fees: Engineering –$275 for one hour of review time
Total Deposit: $1250 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour)
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company,
an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf
of the applicant.
HOA Compliance form (Attached)
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 and relevant land use approvals associated with the property.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Two paper copies of the 24”x36” plat
1 Complete Copy.
If the copy is deemed complete by staff, the following items will then need to be submitted:
1 additional copy of the complete application packet and, if applicable, associated drawings.
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Upon completion of review, the following items will then need to be submitted:
2 copies of the plat on 24”x36” Mylar.
Recording fees (to be assessed by the case planner)
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
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. Evidence of approval is attached.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association
rules or bylaws. I understand that this document is a public document.
Owner signature: _________________________ date:___________
Owner printed name: _________________________
or,
Attorney signature: _________________________ date:___________
Attorney printed name: _________________________
2
ASLU
Recordation Documents Review
725 Cemetery Lane
2735-122-00-008
1
City C970
Community Development Department
0004.2016.ASLU/application cover.pdf application cover
0004.2016.ASLU/cc.approval ord.022-15.pdf
0004.2016.ASLU/Cover letter plat recordation.docx
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January 11 , 2016
Jennifer Phelan - Interim Director
City of Aspen Community Development
130 S. Galena Street, 3rd Floor
Aspen, CO 81611
RE: 725 Cemetery Lane Lot Split – Plat Recordation
Dear Jennifer:
Please accept this application to formally record the Lot Split that was approved at 725 Cemetery Lane (ID # 2735-122-00-008) and as adopted by the City Council pursuant to Ordinance
22 of 2015 (recorded at Reception #622107). The Lot Split was requested in compliance with the underlying R-15 zone and pursuant to Section 26.480.050 (A) - Minor Subdivisions of the
Land Use Code. The Lot Split results in two parcels (each 17,681 square feet net area) that conform to the urban fabric of the Cemetery Lane neighborhood. The Lot Split application
was subject to a neighborhood outreach as well as the typical public notice requirements for a Minor Subdivision.
Please see our responses to the Subdivision sections of the Code from the Lot Split application and reiterated below:
Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant
to Section 26.480.030 Procedures for Review, according to the following standards:
The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards.
Response: The request complies with the General Subdivision Review Standards (see below).
No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel.
Response: No more than 2 lots will be created by the Lot Split.
The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 Approval Documents. No subdivision agreement need
be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary.
Response: The Lot Split Plat shall be reviewed by Planning Staff and recorded pursuant to the requirements of the Aspen Land Use Code and the Clerk & Recorder’s office.
26.480.040. General subdivision review standards
All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision:
Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct
legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public
and emergency access. Security/privacy gates across access points and driveways are prohibited.
Response: The Lot Split will not obstruct access to any adjacent properties and each of the new lots shall have direct access to Cemetery Lane’s public right-of-way. This proposal will
not change or modify the 20’ wide driveway/access easement along the northern boundary of the subject parcel and it shall continue to allow access to the property located immediately
to the west. No new streets will be created and no additional road cuts along Cemetery Lane are requested. The Lot Split will eliminate the current looped driveway and therefore extinguish
an existing curb cut along Cemetery Lane. Security and/or privacy gates will not be used on any access point to the properties or adjacent properties.
Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable
to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved.
Response: Upon researching 12 properties along the western side of Cemetery Lane (on each side of the subject parcel) it was calculated that the average lot area is approximately 17,828
square feet with an average width of about 105 feet. If granted, the Lot Split would create two parcels – one at 17,681 square feet and the other (including the existing access easement)
at 22,023 square feet. The resulting property lines along Cemetery Lane will be 94 and 106 feet respectively. The proposal will foster a residential condition that is more in conformance
with the traditional lot sizes depicted on the Original Townsite Plat and those existing in the Cemetery Lane neighborhood.
Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this
Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review.
Response: The resulting lots will exceed the minimal dimensional requirements of the R15 zone district. No variances or zoning changes are requested as part of this application.
D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism
to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently.
Response: There are no non-conformities on the property currently. No non-conformities will be created by the proposed Lot Split.
Enclosed you will find the Pre-Application Conference Summary form provided by Planner - Hillary Seminick as well as the required application materials requested therein. We have also
included the recorded Ordinance of approval for your reference. Please let us know at your earliest convenience if an item was not included in the application materials or if the submitted
plat needs modification.
We appreciate you and your staff’s time in reviewing this application.
Sincerely,
Brian McNellis AICP, ASLA
BMC Planning + Design
www.bmcaspen.comP.O. Box 73 Aspen, CO 81612970-948-0002
0004.2016.ASLU/ditch easement map.pdf
0004.2016.ASLU/Land Title certificate.pdf
Customer Distribution Our Order Number: Q62007207 Date: 01-11-2016 Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611
970-927-0405 (phone) 970-925-6243 (fax) valleyresponse@ltgc.com BMC PLANNING AND DESIGN Attention: BRIAN MCNELLIS PO BOX 73 ASPEN, CO 81612 970-948-0002 (work) brian@bmcaspen.com Delivered
via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number: Q62007207 Date: 01-11-2016 Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 Buyer/Borrower:
TO BE DETERMINED Seller: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees TBD Commitment $204.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $204.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title
Insurance Company Schedule A Order Number: Q62007207 Customer Ref-Loan No.: Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 1. Effective Date: 12-31-2015 At 5:00 P.M. 2.
Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 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: SANCTUARY RESIDENCES, LLP, A COLORADO
LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST
OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST
177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH
13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2016 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. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62007207
The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS
AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR SANCTUARY RESIDENCES,
LLP, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL
WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED
IN STATEMENT OF AUTHORITY FOR SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 01, 2015 AT RECEPTION NO. 625221 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES
HARRIS A. CAHN AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS
NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. WARRANTY DEED FROM SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY 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. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order
Number: Q62007207 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights,
interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage
thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of
such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. 9. UTILITY
EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. 10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT
RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. 11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 384. 12. TERMS, CONDITIONS, PROVISIONS
AND OBLIGATIONS OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN NO. 22, SERIES OF 2015 APPROVING THE HUTTON LOT SPLIT RECORDED AUGUST 4, 2015 AS RECEPTION NO. 622107. JOINT NOTICE
OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, 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 and Meridian Land Title, LLC, as agents for Land Title
Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain
and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may
collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system;
your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with
your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies
regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees
who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your
Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal
activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant
to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction
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) C) The information regarding special districts and the boundaries
of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires
that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents
using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of
Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing
and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's
Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium
or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within
the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment
of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment,
the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination
of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note:
Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that
a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the
property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance
company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or
attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within
the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of
the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions
of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when
the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND
STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge
of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment
shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall
be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or
interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability
is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance
policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions
of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition
to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of
parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage
in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien,
for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters,
if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the
estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed
by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance
Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue
Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President INVOICE Land Title Guarantee Company 533 E. HOPKINS #102 ASPEN, CO 81611 970-925-1678 BMC PLANNING AND DESIGN
BRIAN MCNELLIS PO BOX 73 ASPEN, CO 81612 Invoice Number: ASP-3899 Date: January 11, 2016 Order Number: 62007207 Property Address: 725 CEMETERY LANE ASPEN 81611 Buyer/Borrower: To
Be Determined Invoice Charges Service: TBD Commitment Ref: 62007207 Addr: 725 CEMETERY LANE Party: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED
LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $204.00 $204.00 $0.00 $204.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company
and send to the address at the top of Page 1. Please reference Invoice Number ASP-3899 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference
Number: TBD Commitment - 62007207 Our Order Number: ASP-3899 Our Customer Number: 68855.1 Invoice Requested by: BRIAN MCNELLIS Invoice (Process) Date: January 11, 2016 Transaction Invoiced
By: Web Services Email Address: invoicing@ltgc.com
0004.2016.ASLU/Legal description.pdf Sanctuary Deed.pdf
0004.2016.ASLU/LegalDesc_Exhibit3_DitchCL.doc
Exhibit 3
Easement Legal Description
A non-exclusive easement over, upon, across, in and through the real property situate in Lots 3 and 12, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian,
City of Aspen, County of Pitkin, State of Colorado, said easement being entirely within a portion of the lands as described in that certain Warranty Deed conveyed by Robert C. Hutton
to Sanctuary Residences, LLP, a Colorado Limited Liability Partnership, which deed was recorded December 1, 2015 as Reception No. 625220, in the Office of the Pitkin County Recorder,
said easement being a strip of land lying coincident with and 10 feet on each side of the following described line:
BEGINNING at the Southwesterly corner of the lands described in the above said Warranty Deed; thence along the centerline of the Holden Marolt Ditch (as said Ditch now exists) North
15°55'00” West 29.00 feet; thence North 27°34'00” West 42.00 feet; thence North 25°19'00” West 25.97 feet; thence North 33°00'00” West 7.00 feet, thence North 23°44'00” West 16.00
feet; thence continuing along said Ditch centerline North 34°00'00” West 15.90 feet to the Westerly line of the lands as described in said Warranty Deed; thence along said Westerly
line North 25°14'00” West 13.50 feet; thence continuing along said Ditch centerline North 13°30'00” West 10.50 feet; thence North 33°30'00” West 5.80 feet; thence North 60°40'00”
West 2.24 feet to a POINT OF TERMINUS on said Westerly line, said Point of Terminus being South 25°14'00” East 37.68 feet distant from the Northwesterly corner of the lands as described
in said Warranty Deed.
The side lines of the above described strip of land are to lengthened or shortened so as to end on the boundary line of said lands as described in said Warranty Deed.
EXCEPT all lands lying within the resulting description herein being 10 feet on either side of the described centerline that are outside of the parcel of land as described in said Warranty
Deed.
0004.2016.ASLU/Sanctuary Deed.pdf
0004.2016.ASLU/signed Easement doc 725 Cemetery 010416.pdf
0004.2016.ASLU/Vicinity map and legal.docx
Property Location: 725 Cemetery Lane, Aspen, CO </w:t></w:r><w:r w:rsidR="00CC048C"><w:rPr><w:b/></w </w:t></w:rVicinity Map (City of Aspen)
Legal Description
A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK
183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNEROF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26
MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD;
THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN,STATE OF COLORADO.