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HomeMy WebLinkAboutLand Use Case.EC.905 E Hopkins Ave.0075.2015.ASLU0075 2015 ASLU 905 E HOPKINS AVE 1 /1 -ml TT Q In tf r P ck S(c�r\r\r� �117 E c • 1 7L7j7 THE CITY OF ASPEN • City of Aspen Community Development Department CASE NUMBER 0075. 2015.ASLU PARCEL ID NUMBERS 2737 182 06 002 PROJECT ADDRESS 905 E HOPKINS AVE PLANNER JUSTIN BARKER CASE DESCRIPTION LOT SPLIT REPRESENTATIVE RICHARD NEILEY ASSOC. DATE OF FINAL ACTION 04/07/2015 CLOSED BY ANGELA SCOREY ON: 12/13/2015 0 2 7 0660 Z Permits File Edit Record Navigate Form Reports Format Tab Help �r J • Jump l .0' A 4 JMain Custom Fields Routing Status Fee Summary Actions Routing History y 0b7S. 20/S En Permit type Aspen Land Use permit # 0075.2015 A.SLU J Address I905 EHOPKINSAVE ApUSuite 0 City ASPEN State CO Zp 181611 0 4, o Permit Information x Master permit Routing queue aslul5 Applied 08� 10+201� c " Project Status pending Approved Z 0 m Description APPLICATION FOR LOT SPLIT FOR 905 E HOPKINS AVE Issued Closed/Final Submitted RICHARD NEILEY 925 9373 dock EH Days F70 Expires Ca'122016 i i Submitted via Owner Last name 905 E HOPKINS, LLC First name RICHARD NEILEY 906 E HOPKINS AVE LOTS A. B. CAND D BLOCK 32 Phone (970) 925 9373 Address ASPEN CO 81611 Applicant E Over is applicant? Q Contractor is applicant? Last name 905 E HOPKINS, LLC First name RICHARD NEILEY 905 E HOPKINS AVE LOTS A. B. CAND D BLOCK 32 Phone (970) 925-9373 7 Cust t 30165 Address ASPEN CO 81611 Email Lender Last name—�� First name Phone 1) Address C,& # lDl� D N � \ M wei s rNN M* O N NT,Lis . Ln N\n s M �S.es w- rt. to ono M s.am w. rt. Lots. MOUNTAIN HOUSE LOT �4 ` No PJCINo LEGEND R NOTES IS iry s �vw ss nRRsaT wi wars SiN r ere T'°LYri T T I 'N'ift�0iii ti°t�°�'"rs • w, was ,'LaRi^a,ro n mN,RucriM ra¢ 'r wools Lo, SPIL IT C.RTIPICAT■ OP DEDICATION AND ONNER.NIP 11T I.I. :,4r . Nw, M.N1..w NUITIw L.o rx•, u o w[u w.s n Mrt nN 'a""NL°unt�`w �� °° sT o;T A IRS T tFM a•cegltvt..bi�'M"'•'*'A .uavLYoa •. GtarlrHwlr-��� - - "°'°L IS I Ti ORS- lEN GOLWOpNy ITT �PRVLLOrNLNT DIA.CTOA APPROVAL s .,sra iR�s l.� Mi°°s°,-sie�s. �Tr °LSBWniw, CITY ENGINEEa'. Ravi ii � r s' SCR-. wTsta• Clio s rxE sn�6nc nlrnar ww. wMisssRNrs L. CttTi Pl ♦iR � "' �AIhMMt �KtV Vw1., '�b Iw Iti �� ITI ASPEN CITT COUNCIL �sM!APPROVAL ^�^ Tn9a'iY'aSN' 'd iiii i °fws10n� 4 iw e. LIMN. •TTsn CL EtE R RtCORORR CERTIFICATE y �: �•il;" �>'n �s!'I�f�R'.�i Nis. vD ��Y'am"10 NAT rsa,faf.NlP.wWFN.AnNTJ •. ES�i Pww °Mwr.w ASPLN SURVEYEPLNGINLLLS. INC. 210 MTN RU.W STREET ASPER, m noR,.Nt 10)01 1 PRE-1-1-1 W E sxaar 1 OF 1 .'.$ I 8g 4ILE V L14 ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR I RICHARD Y. NEILEY III September 18, 2015 VIA HAND DELIVERY Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 RE: 905 East Hopkins Lot Split Dear Justin: I represent 905 East Hopkins LLC, the current owner of the Mountain House Lodge property located at 905 East Hopkins Avenue, Aspen, Colorado. Pursuant to Ordinance No. 10, Series of 2014, I am submitting herewith a Lot Split Plat for recordation in the Pitkin County real estate records. Two (2) copies of the mylar are delivered herewith. I previously provided you with our check in the amount of $11.00 payable to the Pitkin County Clerk & Recorder to cover recording fees. Let me know if you no longer have the check or need a replacement check. Please let me know if you need anything further with respect to this matter. We would appreciate it if you would facilitate the recordation of the Plat at your earliest convenience. Thank you. Very ly yours, N L LAW FIRM, LLC Y chard Y. Neiley, Jr. Enclosures Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 215 South Monarch, Suite 105 • Aspen, CO 81611 •970-925-9393 • C� THE CIrY OF ASPEN Land Use Application Determination of Completeness Date: August 7, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for an Approval Document Review and reviewed it for completeness. 20 (S • A-S LLJ 0075 ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. Vl _ Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Thank You, ill i is , Planner Technician ity of Aspe , ommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD /jk, — Yes No Subdivision, or PD (creating more than 1 additional lot)-6,g.1 GMQS Allotments Residential MC,%- Affordable Housing I'L� Yes No --. Commercial NL C-- E.P.F. rv.-� Lodging f1 ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR I RICHARD Y. NEILEY III July 21, 2015 VIA HAND DELIVERY Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 RE: 905 East Hopkins Lot Split Dear Justin: I represent 905 East Hopkins LLC, the current owner of the Mountain House Lodge property located at 905 East Hopkins Avenue, Aspen, Colorado. Pursuant to Ordinance No. 10, Series of 2014, I am submitting herewith a Lot Split Plat for recordation in the Pitkin County real estate records. Two (2) copies of the mylar are delivered herewith, along with our check in the amount of $11.00 payable to the Pitkin County Clerk & Recorder to cover recording fees. Finally, for your convenience, I enclose a copy of Ordinance No. 10, Series of 2014. Please let me know if you need anything further with respect to this matter. We would appreciate it if you would facilitate the recordation of the Plat at your earliest convenience. Thank you. truly yours, LAW FIRM, LLC chard Y. Neiley, Jr. Enclosures Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 •970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 215 South Monarch, Suite 105 • Aspen, CO 81611 •970-925-9393 C: ORDINANCE NO. 10 (SERIES OF 2014) RECEPTION#: 610464, 05/20/2014 at 10:29:06 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT SPLIT FOR THE PROPERTY LOCATED AT 905 E. HOPKINS AVENUE, LEGALLY DESCRIBED AS LOTS A, B, C, AND D, BLOCK 32, EAST ASPEN ADDITION, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2737-182406-002. WHEREAS, the Community Development Department received an application from Marmax Haytel LLC, represented by Stan Clauson Associates, Inc., requesting approval of a Lot Split for the property located at 905 E. Hopkins Ave, legally described as Lots A, B, C, and D, Block 32, East Aspen Addition, City and Townsite of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the property is currently zoned Residential Multi -Family (RMF) with a Lodge Preservation (LP) Overlay; and, WHEREAS, pursuant to Section 26.480.060.A, 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; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, them Community Development Department recomends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on May 12, 2014, the City Council approved Ordinance No. 10, Series of 2014, by a four to zero (4 — 0) vote, approving a Lot Split for the property located at 905 E. Hopkins Ave; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Ordinance No. 10, Series of 2014 Page I of 3 Section 1: Lot Split Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Split for the property located at 905 E. Hopkins subject to the following conditions. Section 2: Subdivision Plat . The Applicant shall submit a Lot Split Plat in accordance with Section 26.490.080 to be recorded in the Pitkin County Clerk and Recorder's Office. The Lot Split Plat shall contain the information and be in the format required by Title 29 — Engineering Design Standards, Plats. Recordation of this subdivision plat does not constitute vesting in the Land Use Code at time of approval. Future development on the two newly created lots shall be subject to the Land Use Code and all other applicable regulations effective at the time of submission for such development. Section 3: Demolition The Mountain House Lodge that currently exists on the property shall be demolished prior to recordation of the Lot Split Plat, but in no case later than two (2) years after approval of this Ordinance. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearing A public hearing on this ordinance shall be held on the 121h day of May, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 10, Series of 2014 Page 2 of 3 • P INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 7 h day of April, 2014. Attest: C L da Manning, City Cler FINALLY, adopted, passed and approved this f'L day of GL - , 2014. Attest: da Manning, City Clerk Approved as to form: ames R. True, City Attorney Ordinance No. 10, Series of 2014 Page 3 of 3 32 PAST "Owk LEGEND & NOTES IM, CERTIFICATION "M 5— M IMPROVEMENT SURVEY .. . .... ..se.. — ASPEN SURVEY.EN- G INFERS, INC. APPLICATION FOR APPROVAL OF LOT SPLIT PLAT Mountain House Lot Split 905 East Hopkins Avenue PROPERTY OWNER: 905 East Hopkins, LLC c/o Aspen Starwood LLC 0133 Prospector Road, Suite 4102B Aspen, CO 81611 (970) 920-1280 PROPERTY: Lots A, B, C and D, Block 32, East Aspen Addition, City of Aspen, State of Colorado. Parcel ID No. 273718206002 REPRESENTATIVE: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 215 South Monarch, Suite 105 Aspen, CO 81611 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw ,neileylaw.com 'IECEIVED AUG 0 7 2015 CITY OF ASPEN RETAI NIROR PERMAi'+.'ENT FILES oo7S-' 2b6'-#SLLA Agreement to Pay Application Fees Anagreement between the Uit of Aspen ..arc ana Property �b�k \�h`� �� -Eli hone No.: ' �Z53 Owner Email: ),kJCt V a tn( 1 lau k � fLA Address of L_cr�`' q P? ,C_ dll Cb 1 (, l Billing C% Q I,l�,t Property: Address: StibiPct of gyp` boo i' 1l (p� (� (send bill ei e) r application) �N S i Iti�k �Y , �-� �@1 Jj �� �, �41,/�l) Y ct I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the 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. $ 0 flat fee for Select Dept flat fee for Select Dept $.0 flat fee for Select Dept $ 0 —flat fee for Select Review 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 non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 975 -" deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275 "deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. I \ City of Aspen: Chris Bendon Community Development Director City Use: 1 250 06 Fees Due: $ Received: $ k Vpe4Owner: Name:�`�\ P' j. U_PA ' U Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 0 PROJECT: vonS20/ �-41 `4 Name: Mountain House Lot Split Location: 905 East Hopkins Avenue, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718206002 APPLICANT: Name: 905 East Hopkins, LLC Address: c/o Aspen Starwood LLC, 0133 Prospector Road, Suite 410213, Aspen, Colorado 81611 Phone #: (970) 920-1280 REPRESENTATIVE: Name: Richard Y. Neiley, Jr. Address: 6800 Highway 82, Suite 1, Glenwood Springs, Colorado 81601 Phone #: (970) 928-9393 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) V Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Lot Split Approved - Vacant Land 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) Approve Lot Split Plat ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: FH e you attached the following? FEES DUE: $ 1,250.00 Ae-Application Conference Summary Pre-Application #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-1) model. Your pre -application conference summary will indicate if you must submit a 3-1) model. APPLICATION FOR APPROVAL OF LOT SPLIT PLAT Applicant, 905 East Hopkins, LLC, the owner of Lots A, B, C and D, Block 32, East Aspen Addition and Townsite of Aspen, Pitkin County, Colorado, seeks approval of a Lot Split Plat, pursuant to Sections 26.304, 26.490 and Title 29 Engineering Design Standards, of the City of Aspen Municipal Code. The property is located at 905 East Hopkins Avenue, Aspen, Colorado. Proof of ownership is appended hereto as Attachment No. 1, comprised of the Warranty Deed by which the Applicant took title to the property and Applicant's attorney's Certificate of Ownership. The City of Aspen approved a lot split for the property located at 905 East Hopkins Avenue, Aspen, Colorado, by Ordinance No. 10, Series of 2014, recorded in the real estate records of Pitkin County on May 20, 2015, at Reception No. 610464, a copy of which is appended hereto as Attachment No. 2. In accordance with Ordinance No. 10, Series of 2014, the Applicant has prepared the "Mountain House Lot Split" plat, copies of which are appended hereto, I I" x 17" and 24" x 36", appended hereto as Attachment No. 3. The executed mylar of the Mountain House Lot Split Plat was previously submitted to the Community Development Department. An electronic pdf version is also submitted with the digital copy of this Application. A letter authorizing the Neiley Law Firm, LLC to represent the Owner in connection with this Application is appended hereto as Attachment No. 4. The City of Aspen Pre -Application Conference Summary dated July 23, 2015 is appended as Attachment No. 5. The City's Homeowner Association Compliance Policy is appended as Attachment No. 6. Also submitted herewith is the City's executed Fee Agreement and a check in the amount of $1,250.00. The Applicant respectfully requests that the City review and approve this Application and the Plat submitted herewith, and record the mylar in the records of the Pitkin County Clerk and Recorder. Page 1 of 1 ATTACHMENT NO. 1 Proof of Ownership 0 • CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner of Lots A, B, C and D, Block 32, EAST ASPEN ADDITION and Townsite of Aspen, PTTKIN COUNTY, COLORADO, is 905 EAST HOPKINS, LLC, c/o Aspen Starwood LLC, 0133 Prospector Road, Suite 4102B, Aspen, Colorado 81611. A copy of the Special Warranty Deed vesting title in 905 East Hopkins, LLC, recorded at Reception No. 619002, is attached hereto. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property or that could conflict with the approvals requested for the property. The address of the property is 905 East Hopkins Avenue, Aspen, Colorado 81611. 4. There are no mineral reservations and there are no third parties who own any mineral interests in the subject real property. 5. There is legal access to the subject real prop via East Hopkins Avenue, a public right of way. RICHARD Y. NEILEY, JR. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Certificate of Ownership was acknowledged and signed before me this'�—day of August, 2015, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. My commission expires: a NIE A. WOOD Notary Public TARY PUBLIC OF COLORADO ID #19944009825 on Expire, June 24, 2018 • RECEPTI& 619002, 04114l2015 at 01:43:28 , 1 OF 2, R $16.00 DF $1010.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED State Doc Fee: $1,010.00 THIS DEED is dated the 14th day of April, 2015, and is made between (whether one, or more than one), Marmax Haytel, LLC, a Delaware Limited Liability Company the "Grantor" of the County of Pitkin and State of Colorado and 905 East Hopkins LLC (whether one, or more than one), the "Grantee", whose legal address is Go Aspen Starwood LLC, 0133 Prospector Road, Suite 4102B, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ten Million One Hundred Thousand Dollars and No Cents ( $10,100,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Lots A, B. C and D, Block 32, EAST ASPEN ADDITION to the City and Townsite of Aspen. County of Pitkin, State of Colorado also known by street address as: 905 East Hopkins Avenue, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. MARMAX HAYTEL, LL9 A DE AWARE LIMITED LIABILITY COMPANY 1 Michael H Brown, MarldderA State of Colorado County of Pitkin The foregoing instrument was acknowledged before me this 14th day of April, 2015 by Michael H. Brown as Manager of MARMAX HAYTEL, LLC, a Delaware Limited Liability Company. VIM67r PAID EXATE t Vyitne s `my hand an fficial seal. _Y Public My commission expires: CITY (3;= miiiprfi Fr�rr +AID a,* REEP NO, 975�I') StewartTitle File Number: 01330-54670 *1P Page 1 of 2 Special Warranty Deed STCO �}� 0 EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2015, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 29, 1958 in Book 185 at Page 69 as Reception No. 106874. 4. Ordinance No. 3 (Series of 1989) by the Aspen City Council rezoning Lots A, B and West 1/2 of Lot C, as set forth in instrument recorded January 10, 1989 in Book 611 at Page 599 as Reception No 318969 b, Ordinance of the City Council of the City of Aspen, Colorado, to Rezone Specific Properties from Lodge Preservation to Underlying Zoning with a Lodge Preservation Overlay Ordinance No. 2, Series of 1997 as set forth in instrument recorded September 3, 1997 as Reception No. 407979. 6. Ordinance recorded May 20, 2014 as Reception No 610464. 7. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated February 2015 by Aspen Survey Engineers, Inc.: Fenceline along Southerly boundary and Southeast corner not located on property lines. 8. Any and all leases and tenancies Stewart Tape File Number. 01330-54670 Special Warranty Deed STCO Page 2 cf 2 • ATTACHMENT NO. 2 Ordinance No. 10, Series of 2014 • 0 ORDINANCE NO. 10 (SERIES OF 2014) RECEPTION#: 610464, 05/20/2014 at 10:29:06 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT SPLIT FOR THE PROPERTY LOCATED AT 905 E. HOPKINS AVENUE, LEGALLY DESCRIBED AS LOTS A, B, C, AND D, BLOCK 32, EAST ASPEN ADDITION, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2737-182-06-002. WHEREAS, the Community Development Department received an application from Marmax Haytel LLC, represented by Stan Clauson Associates, Inc., requesting approval of a Lot Split for the property located at 905 E. Hopkins Ave, legally described as Lots A, B, C, and D, Block 32, East Aspen Addition, City and Townsite of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the property is currently zoned Residential Multi -Family (RMF) with a Lodge Preservation (LP) Overlay; and, WHEREAS, pursuant to Section 26.480.060.A, 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; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on May 12, 2014, the City Council approved Ordinance No. 10, Series of 2014, by a four to zero (4 — 0) vote, approving a Lot Split for the property located at 905 E. Hopkins Ave; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Ordinance No. 10, Series of 2014 Page 1 of 3 0 • Section 1: Lot Split Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Split for the property located at 905 E. Hopkins subject to the following conditions. Section 2: Subdivision Plat . The Applicant shall submit a Lot Split Plat in accordance with Section 26.490.080 to be recorded in the Pitkin County Clerk and Recorder's Office. The Lot Split Plat shall contain the information and be in the format required by Title 29 — Engineering Design Standards, Plats. Recordation of this subdivision plai does not constitute vesting in the Land Use Code at time of approval. Future development on the two newly created lots shall be subject to the Land Use Code and all other applicable regulations effective at the time of submission for such development. Section 3: Demolition The Mountain House Lodge that currently exists on the property shall be demolished prior to recordation of the Lot Split Plat, but in no case later than two (2) years after approval of this Ordinance. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearin A public hearing on this ordinance shall be held on the 12t' day of May, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 10, Series of 2014 Page 2 of 3 • 0 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 7 h day of April, 2014. Attest: �J& C L da Manning, City Cler FINALLY, adopted, passed and approved this Q day of G A , 2014. Attest: Manning, City Clerk Approved as to form: 0 ames R. True, City Attorney Ordinance No. 10, Series of 2014 Page 3 of 3 ATTACHMENT NO. 3 Mountain House Lot Split Plat 0 . 0 0 U.S. SUR— FOOT VICINITY MAP l' MOUNTAHN HOUSE LOT SPLHT ISCITY OFA PEx GPS VENT NO, H SITUATED aN: LOTSBL C3 D. \ EAST ASPEN ABDI TI D. COUNTY CPIT"'. \ TIE PURPOSE OF THIS STATE OF MORAD� CONTAINING: IZ. DOD SO. FT. •/- PLAT IS TO ESTABLISH A L0T SPLIT GF THE H2, 000 S0. FT. LOT INTO YWO 6,000 SO. FT. LOTS. y CITYOF TA E«5 S •1 �7 �J°3 �PKllvc CERTIFICATE Of DEDICATION AND OTNERSHIP RHOR ALL PEOPLE BY THESE PRESENTS THAT -5 EAST NOPRINs LLc BEING OWNERS FEE SIWLE OF ALL TNAT REAL PpOFEPTT ITT IN PIIRIN C COLORABO DESCRIBED AS FOLLOWS: ors e C Aw D, 0— 31.E.VSl ASPEN ADDITION CITY OF ASPEN COUNTY OF PIIRIN STATE OF MORADO IX OT THAT SSAAND SLOCtRS -1 SHOWNTHEERE. AND E5NTS 1 AOUDGOT TE TIER SRAM AS O T I. OUSE LOT ]� SIHEI RESPONSIBILI—SIGN Y FOR THE CGMPLEITY TFONSOFRAEW'RED HMO ROvEfExT5p1A16 DOOIEREBTRDEDIGCIEPT AND SET ART L OF THE PUBLIC ROADS MD OTHER PUBLIC 'NRGAPENTS AND PLACES S SHOWN POR M71"' SSA DI MALLPROPERTTEpIOH ME CREA EDCASEASEENTSOaN THHEERECCOPF YIN5 PLATE TO 111E PUBLIC FOREVER S EASEIENTS FOR THE "ApOSES SHOWN HEREIN. UNLESS HERWI SE EXPRESSLY PROVIDED THEREON. AND DO HEREBY GRANT THE P T TO I TALL AND HA I MAIN NECESSARY STRUCTURES T� THE EAT- AEaN—eiE FW NAVVIYITI IR ac-- POI SHILL .. 1, 1-- ME Eai AWLINEU E`CUYED THIS DAY K , A.D. —SBr HMX FPIEDLAMD, MANAGER STATE I COLORADO I COUNTS OF PITRIM THE FOIECISM CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACANOWLEDGED BEFORE HE THIS DAY OF . A.D. 2015 BT MMIt FRI EDLAND, HNNAGER. m COMMAS ION EXPIRES' WI TIE55 HY NAD AND OFFICIAL SEAL. SURVEYOR'S CERTIFICATE I. 3ON M. WOR TN. WPEBY CERTIFY THAT SURVEY WAS PERFORMED UNDER HY DIRECTION AND LIIE'VIBU ILDINOTENVELOEE3, ONE 1EITIESFPOMPOVEIENTSLAND TEA3EHENT]IAS �xINDM M THE TITNEABV CON'fiENT ME NOTED HEREON AND ARE CCUATELY SHORT ON THIS PLAT MD THAT THE SUR AT WAS DONE ACCORDANCE WITH C.R.S. 973 TITLE U. ARTICLE 51 S MENDED FRON TIRE TO TIME. SURVEY CONTROL PRECISION LESS THAN 1/15.OCR, . SIDED THIS— DAY CS , 201S 30R M. MO TN, "I 2S90 CITY OP AE PEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS LOT SPLINPLAT L TYOF P ITN 1H�� WAS REVHEWY a APPROVED BT0THE CON-171 DEVELOPIETTT C 111 DEVELOPM T DIRECTOR CITY ENGINEER'S REVIEV TH15 LOT SPLIT PLAT OF HIOINTAIN HOUSE WAS REVIEXED BY THE CITY EWINFHI O: TIE CITY OF ASPER THIS _ DnT OF _. 2015. TITLE CERTIFICATE THE UNDE RSIGIED DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE WHICH S LETS STEREO CTO AND BUSINESS 3T. PEASTNASPOENT4 ITSOORN�CITYEOFREMIT CERTIFEETHAT THE OWNERS OF LE TITLE }O }HE PPOPEATr. TIE AND IS EPEE AND CLEAN OF LIENS. TNESHOLD AND ENCUIBRNKES EXCEPT FON THE HATTERS O: RECORD. ASMACT WE TITLE MM AN HIGH OF T AM TITLETHOW ATGUMµTEEPOF TITLE.NOAND IT ISCUUNNMRSTOODSAN AND OBLIGATI ATOSTEIARTL TITLE HE INFER ASS1IEs NOR WILL BE CHMOED WITH ANY FINANCIAL Br: TITLE: ASPEN CITY COUNCIL APPROVAL THIS LOT SPLIT PLAT OF HINUSTAIN HOUSE WAS PPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THE MY K 20"' Br ONDINUNE NO SERIES OF 701_ RECONOED , THE OFFICE OF THE REDS RECORDEII K PIIRIN tdNTY IN BOOR ENO P STEVEN SXADPON OI HAT aTF ATTEST CITY CLERX CLERK At RECORDER CERTIFICATE CL K tI RECORDERR OF PITKIN COUNT AT RATHEI LED FOMRECORDING, IN THE OF "1 1, AND IS REOFCORD D IN BOON _ GH PAGE _. AS RECEPTION NO. . LEGEND 6 NOTES eo. pO. ® ttFFk 6 RECONDEP O FOND SURVEY TNXNUMNT REBAB *IN CM AS NOTED L L E ♦ SPIAE OR P-R NAIL SURVEY CONTROL B CITY OF ASPEN WS HOHRRENT L O C y N /3 •o..... AT ® ELK TP IC TRMSFUNER 1•i1 32 ,M0 UTILITY BOXLIA Xyyy T 1!F S .I FER TREE CAL PEB SIZE AS NOTED ♦ A s n I. k AFC` POSTED .NDRE55 15 "905 EAST HOPNINS AVENUE' ! EN 'SZRFnA`•H/1S TITLE INFORMATION FURIIISIED BY: 17p 0J' TORN STEWART TITLE COHPMY R10E1 `W jy n EFFECTIYE DATE FFEEBRUP ARY 03. 2015PAYEDu j �61" 51TE UNDER CONSTRUCTION AT TINE OF LOT SPLIT 06/201S PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 6HOI1 PHONE/FAX (970) 925-3816 —.ASPENSURVEYENGINEER5.0011 DATE JOB SHEET 1 OF 1 07/15 13055D ATTACHMENT NO.4 Authorization to Represent 905 EAST HOPHINS LLC c/o Aspen Starwood LLC 0133 Prospector Road, Suite 4102B Aspen, CO 81611 July 28, 2015 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 RE: 905 East Hopkins, City of Aspen, State of Colorado — Parcel ID No. 273718206002 Dear Sir/Madam: Please accept this letter as authorization for Richard Y. Neiley, Jr. and the Neiley Law Firm, LLC to represent 905 East Hopkins LLC in connection with a Land Use Application for lot split approval for the above -referenced property. 905 EAST HOPKINS LLC. By: 4Y 0ex" lG�c )tark F (edland, Manager II D'O , 1 Z) ^ • ATTACHMENT NO. 5 City of Aspen Pre -Application Conference Summary • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: 7/23/15 PROJECT: 905 E. Hopkins Lot Split REPRESENTATIVE: Neiley Law REQUEST: Development Documents DESCRIPTION: The Applicant received Subdivision approval (City Council Ordinance #10, Series of 2014 for a Lot Split of the property located at 905 E. Hopkins Avenue. The conditions of approval in Resolution #10 require submission of a Lot Split Plat. The project currently has a deadline of May 12, 2016 to submit this document (two years from the date of approval of Ordinance #10). A Lot Split Plat is reviewed administratively. No public hearings are required. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.490 Approval Documents http://www.aspenpitkin.com/Departments/Community-DevelopmenuPlanning-and-Zoning/Title-26-Land-Use-Code/ Other Municipal Code Sections(s): Title 29 Engineering Design Standards Review by: Staff for completeness and approval of documents Planning Fees: Planning Deposit: Recordation Documents Review - $975 for 3 hours of staff time. Referrals: Engineering (per hour): $275 Total Deposit: $1,250 (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: ❑ 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. ASLU Development Documents 450 E. Durant St. 2737-182-21-851 0 • ❑ HOA Compliance form (Attached) ❑ Copy of the draft plat on an 11x17. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application, including the draft plat, provided in PDF file format. Disclaimer: T IlefureyuMy 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. 2 ATTACHMENT NO. 6 City of Aspen Homeowner Association Compliance Policy Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 905 East Hopkins AvPnup Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) lU 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 building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. 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: 905 East Hopkins, LLC Owner printed name: or, Attorney signature: LL date: 8/3r15 Attorney printed name: Richard Y. Neiiey, Jr. External Media Located Here M-026516 MOUNTANN HOU'SE LOT SPLHT I--lo 0 10 20 U.S. SURVEY FOOT VICINITY MAP YEL CAP 20151 CITY OF ASPEN GPS SITUATED ON: MONUMENT NO. 4 LOTS A,B,C AND D, BLOCK 32, \ EAST ASPEN ADDITION. CITY OF ASPEN COUNTY OF PITKIN \ STATE OF COLORADO CONTAINING: 12,000 SO. FT. �/- THE PURPOSE OF THIS PLAT IS TO ESTABLISH A LOT SPLIT" OF THE 12,000 SO. FT. LOT INTO TWO 6,000 SO. FT. LOTS. y .s \po s� CITY OF ASPEN GPS MO NUMENT 5 S o n LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED SPIKE OR P-K NAIL SURVEY CONTROL 6 CITY OF ASPEN GPS MONUMENT ® ELECTRIC TRANSFORMER �M❑l UTILITY BOX +� CONIFER TREE CALIPER SIZE AS NOTED qwt POSTED ADDRESS IS '905 EAST HOPKINS AVENUE - TITLE INFORMATION FURNISHED BY: STEWART TITLE COMPANY FILE NO.: 01330-54670 EFFECTIVE DATE: FEBRUARY 03, 2015 SITE UNDER CONSTRUCTION AT TIME OF LOT SPLIT 06/2015 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL PEOPLE BY THESE PRESENTS THAT 905 EAST HOPKINS, LLC BEING OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: LOTS A, B, C AND D, BLOCK 32,EAST ASPEN ADDITION CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO AND THAT SAID OWNERS HAVE BY THESE PRESENTS LAID OUT, PLATTED, AND SUBDIVIDED THE SAME INTO LOTS AND BLOCKS AS SHOWN HEREON AND DESIGNATE THE SAME AS MOUNTAIN HOUSE LOT SPLIT, A SUBDIVISION IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS: AND DO HEREBY DEDICATE AND SET APART ALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER: AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE CREATED AS EASEMENTS ON THE ACCOMPANYING PLAT TO THE PUBLIC FOREVER AS EASEMENTS FOR THE PURPOSES SHOWN HEREIN, UNLESS OTHERWISE EXPRESSLY PROVIDED THEREON: AND DO HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS DAY OF A.D. 2015 BY: MARK FRIEDLAND, MANAGER STATE OF COLORADO 1 1 SS COUNTY OF PITKIN 1 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 2015 BY MARK FRIEDLAND, MANAGER. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, JOHN M. HOWORTH, HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, BUILDING ENVELOPES, UTILITIES, IMPROVEMENTS AND EASEMENTS AS SHOWN ON THE TITLE COMMITMENT ARE NOTED HEREON AND ARE ACCURATELY SHOWN ON THIS PLAT AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH C.R.S. 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SURVEY CONTROL PRECISION LESS THAN 1/15,000. SIGNED THIS _ DAY OF , 2015 JOHN M. HOWORTH, PLS 25947 CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS DAY OF , 2015. COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S REVIEW THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 2015. CITY ENGINEER TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE WHICH IS REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTIFY THAT THE OWNERS OF LOTS A, B, C AND D, BLOCK 32, EAST ASPEN ADDITION, CITY OF ASPEN HOLD FEE SIMPLE TITLE TO THE PROPERTY. THE LAND IS FREE AND CLEAR OF LIENS, TAXES AND ENCUMBRANCES EXCEPT FOR THE MATTERS OF RECORD. ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER. BY: TITLE: ASPEN CITY COUNCIL APPROVAL THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS APPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THE DAY OF 2014, BY ORDINANCE NO. SERIES OF 201 _, RECORDED IN THE OFFICE OF THE CLERK 6 RECORDER OF PITKIN COUNTY IN BOOK AND PAGE AS RECEPTION NO. STEVEN SKADRON MAYOR DATE ATTEST: CITY CLERK CLERK & RECORDER CERTIFICATE THIS MOUNTAIN HOUSE LOT SPLIT PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY ON THE DAY OF 2015, AND IS RECORDED IN BOOK _ ON PAGE _, AS RECEPTION NO. CLERK G RECORDER PREPARED BY ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 SHEET 1 OF 1 WWW.ASPENSURVEYENGINEERS.COM DATE JOB 07/15 I3055D