HomeMy WebLinkAboutLanduse Case.CO.1035 Cemetery Ln.0091.2015.ASLU0091.2015.ASLU 1035/1037 CEMETERY LANE
CONDOMINIUMIZATION
23501322031 & 273501322032
S M E A DR
No. ET2-150C
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THE CrrY of ASPEN
Land Use Application
Determination of Completeness
Date: October 21, 2015
Dear City of Aspen Land Use Review Applicant,
oo�1.�ffl �5L�
We have received your land use application for 1035 Cemetery Ln — Condominiumization and
reviewed it for completeness.
❑ 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.
fJ 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.
• One electronic copy, in PDF format to Hillary. seminick@cityofaspen.com
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,
rlz�
1 ick, Planner Technician
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New PD
Yes No_ V— Subdivision, or PD (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes — No—k Commercial E.P.F. Lodging
0
PATH: G/DRIVE / MASTER FILES/PLANNING/
0
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0091.2015.ASLU
PARCEL ID NUMBERS 2735 013 220 31, 2735 013 220 32
PROJECT ADDRESS 1035/1037 CEMETERY LANE
PLANNER SARAH NADOLNY
CASE DESCRIPTION BUILDING ENVELOPE ADJUSTMENT
REPRESENTATIVE BART JOHNSON
DATE OF FINAL ACTION 11.25.2015
CLOSED BY KARLA HENRICHON 8.3.2016
0
•
273So�2.zo31 d. 2755o/32zo3Z
Permits
File Edit Record Navigate Form Reports Format Tab Help
J IX � 12 21
jump
Main Custom Fields Routing Status Fee Summary Actions Routing History —
o Permit type �slu EPn Lang Use P O0912015ASLU
Address '�lli3-:1ii3' CEI�IETERr� LII ApvSuite
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City ASPEII State C'� Zip 81�52
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o Permit Information
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o Master permit Routing queue aslulJ Applied tOV2211O15 •
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Project status riding Approved
0
1 , Description JAPPLICATIOII FOR CONDOhf1111UMIZAT1ON I Issued
Closed/Final
Submitted BART JOHIISOI1544 4602 Clock Running Days F70 Expires 10'16`2016
Submitted via
Owner
Last name CENIPLEk: LLC First name MICHA.EL 605 ti"l NNN ST
2
Phone (970) W4187 Address ASPEN CO 81611
Applicant
E] Owner is applicant? ❑ Contractor is applicant?
Last name JOHNSON iFirst name BA.RT
Phone i 1 Cust >` 29682 Address
Email
Lander
Lad name First name
Phone ) Address
'Displays the permit owner's first name
0,(- #/a 5-7
AspenGoldS (server. angelas _ 1 of 1
w�
N CONDOMINIUM PLAT OF
0
3M CEMPLEX CONDOMINIUMS eyio
l00 � B 60
� r
0 LOT 3, BLOCK 1, PITKIN MESA SUBDIVISION, ACCORDING TO THE PLAT RECORDED DECEMBER 17, 1965 IN PLAT BOOK 3 AT PAGE 58
W 2M w % E SITUATED IN THE SW1/4SW1/4, SECTION 1, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
2a Im THE PURPOSE OF THIS CONDOMINIUM PLAT IS TO RE-CONDOMINIUMIZE THE SUBJECT PROPERTY AND IMPROVEMENTS SHOWN HEREON
PARCEL NO.2735-013-22-800
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GRAPHIC SCALE
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VICINITY MAP
.,. .�..,, zo�oo• H
ADN)P®t
BUD DDIO -
ffi710.50
2 STORY w000 FRAME
DWELLNo
WITH BASEMETI
UNIT 1037
AREA - 7,069 SFs
PL'•: IAnD I.SE REG T
NOTES
RNE coNDOMQJ111113
1015 CEMETERY LANE
PARm NO.
2n5-0D-23pOt
204.94'
111.75'
y1
L
13w• ACCESS EAovExr
FOR THE HPNEETTT of UNIT IBn
J
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wE1(TYPJ II II
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CONOOMNIUN
1025 CEMETERY LANE
PARCEL NO.
ZT3f0132Y00
2 STORY WOOD FRAME
DWE21D C
wTIH BASE.BTT
SIS
UNIT 1035
AREA - 8,246 SF.t
_ T—
FENCE
�(TYP.1
1) TNLS PROPERTY IS SUBIECT TO RESERVATIONS. RESTRICTIONS, ODVENANIS BUEIMN()
SETBACKS A.Np FASE4EnS OF RECORD, OR M PUCL AND Dt[]Yil(SliS l01TIIE SHOWN IN
THE TITLE COIAUTI.ffNT PREPARED BY STIMART TRUE GUARANTY C(MPANY, FILE NO.
OI J� DATED ETPCLTVE NNE N, m14.
21 THE DATE OFTNIS SURVEY WAS FEBRUARY 5, NNE 1A, mll, OP1F.A®EA 6, 201 J AND AlIG11ST
6, mis.
Jl BASIS OF BEARDgS FOR THIS SURVEY S A BEARDI&NIUKNA O RE BETWEEN THE
SOU N MOPENER OF IIEBT IOUs, @ CO CONDO 103, A fs RERAR a UP DIJ?GM. E
POUND N nACE AND TTff SOU1nR'6T CDRTIDt OF UNR IOIT CE.QLIX WNDOI@BUM, A fs
REBAR a CAP LS. NO. %it PiDIIND N PLACE
f) UNITS OP MGSLRE FOR ALL DB.ffNS10N5 SHOWN FQBEDN S US SURVEY FEET
5)TEESSURVEY SBASED(N59. TICEDAMESAER CONDO PLAT RECORDEDDECT:MBFR II,
NO E PLAT BOOR) AT PAGE Oiff T PAU DEI CONDOImN111N MAP RBODRDED
1
NOVEMBER 26, 19m N PUT BOOK 10 AT PACE T4 Tiff AMENDED CONDOMNRIM MAP
RECORD®DBCBI.tBBR IT. 1980 N PLAT BOOK 10 AT PACd %ANDJJSB NO'DCE OF CORRECOON
10 COEIDOMINN74II.AP RECORDED APED. IQ 1%t N BOOK 3]3 wT PAGE NO N THE PTRN
COUNTY CLERK AND RECORDERS OFFICE AND CORNERS POLND N PUCE
6) TNLS PROPERTY Is SLBIECT TD A.V IINDFROROUND UIRIIY USEAffNTS PFR BOOK TN PAGE
J02 AND l%. fl3E LOGTON OF SAE) EASFAff.Y1S ABE NOT DE4NID WInQi SAE) BOOK AND
PAGES
>) BUEDLNG SETBACKS AS SHOWN ARE ACCORDDIG To TTTE CITY OF ASPS' LAND USE CODE
BUDDING SEEBACRS SHOULD BE VFR/F® PRM0. TO ANY C044TRIICDON.
e1 Ar THE m.lE of SURVEY T'HE suBlecrslTE wAs uN� oDNSTRurnoN, nmTEVRE,
ADDDIONAL NON-STRiKTIIRAL 0.0'ROV@.ffin5 MAY EXIST THAT NAVE NOTBEEN SHOWN ON
YIDS SURVEY.
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UTB.TIY EASETOII'T (M.)�
RF�iSON NO G1s111 0 l
FOAUNR lOYi
COMMPID-
71.bd' --0
n R®AR a
¢I.eemLE GSP
SITE BEICIOIAR[
EEV-T634n'
C.O A. OP9
MCAJIIMEFTTfI I
N Bus LANE
® ffIAEIERY LANE
e5
--SS—
55—
CAP
COMMUNITY
COMMUNITY DEVEWPMF.NT (HRECTORS APPROVAL:
TEE APP9lCAT10N FOR CVNTXIMNIUMVATION SET FORTH N THIS OINIIIOECNIUN MT XAS
B@1REVBW'ED AND APPROVED FOIL COAfP1IwNCE ASP THE AR1lCABiPPROV6TOTSDi
THE CRY OF ASPEN LAND USE D BY 1�I�CTIY ITOTNNOOAMITNATAVYTHTNG T
DM:z THIS IfI DAYOF 3TOTHEPFASFENDE ANYTHRIG IN
THISMAP[S _G 6ITIESE NCONRICTWRH ANY
CRYOFASPEN: DEVELOPMENT
ORDERS RELIT W. TO THESE CONOONOEDUMS OR ANT' DEER PRO— U
REGULATION A.INCLUDINGBLTNOTLOOTED TO OIHFR APPDGBIPNAND USE
REGULATION AND BUDDING CODES, SUCH OnDR DEVE.OPMFIn ORDERS OR APPLIGBIF
uw4 sHAu corrTna_
BY:�
CHRS BFNOON
AS: C061MUNITY DEVELOPA9EIT D
TrrIR cERTTFTCATE
I KEKT OCCT[iO.ARY'T ADULY-AUIHOR® REPRE3]TTATTVE OF
STEWARTTRIE GUARANTY COMPANY, D014RFBY CERTDY LEERY I {LIVE EXAABFhD n1E
11TLE lO ALL CANOES HEREIN SHOWN ON AND DEDICATED BY THIS PUT A`IDTHATITHR 1'O
SAC) BRA i5 S, THE OWNER AND DEDiCATOA PRFE AND CIFAR OF.ALLIllPNNS, TAMES AND
ENCUMgRANCFS, IXCFPT AS SHOWN INRFA'.
STEW ART TITLE GUARANTY COAWANY
BY !Y/ U DATE : /•S
RIl2 ERM@JEl
MONUMENTf10
NORTD SDff OF
CF.Ah'IFRY ENTRAN(i
is CFI3ETPRY LOPE
BRAss cAP
LENDERS CONSENT:
US RAHIS NA. BRING TIRE BRNEE(2ARY OF THAT UESTAN DEED OF TRUST RHOROPD IN
THE REAL PROPERTY REiWRDS OF —IN COUNTY. MLORADO, ON JUNE N. W14. AT
RECEPTION NO. 6113M HEREBY CONSENTS TO THE MAKBJO AND REODRI NG OF 'THIS
CONDOMNRIM PLAT AND AGREES THAT NO FO EnnamE OR OTFQB ENFORCEAQNL
ACTION PURSUANT TO SUCH DEED OF TRUST SHALL RESULT N THE TERMNATION OR
US BANNS—
BY --IL t L)
TRUE
STATE OE COLORADO 1
COUNTY OF PCDON I
NraMwbc! f"Il5 SB -- T.. SACWOwi(FDG tk71115RYOF
c�mLw
MY OD6D.1690N
NTINE55 MY HAND AND SEAT_
BARBARA I vD'AUTREONY C.L
ARY NRUC N
PEAK
Surveying, Inc.
P.O. Box 1746 - Rifle, CO 61650
Pi— (970) 625-1954 - Tex (970) 625-2954
www.praLa�l'ty1p�C.L'�
CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMBNIUM OWNERSHIP
KNOW ALL MEN BY TNESE PRESENTS THAT THE UNDERSIGNED BEING THE SOIE OWHFR OF ALL TEAT
REAL PROPERTY SI'NATID N T11E CITY OF ASPEN. COUNTY Df PRKIN, SLATE OF COIDRADO, 9AIU
REAL PROPERTY BEN- MORE PAR SLY DESCRIBED AS MU,,OWS:
LOT 3. T BON) 1, ATPA ATBSA SIMDMSION, ACCORDNG TOME PUT RE(YRIDEDI)Em4BPA I l,1%5
M PLAT BOOK 3 ATPAGE 3R:
HEREBY CERTIFIES THAT R NAS CAUSEDTHE SAm REAL PROPERTY TO BE IAm 0".
LntIDOA0�B11®.VfO Sl1RVEYFD AS UNR 1015 AEID UMTIOJT, CEMPJF.XCONWM!dUM3 AS
SXDWN AND NOTED IIDOY)N AND AS DESCRIBED N nIE DECLARATON AS DEINID BEgW:
THE UNDERSIGNED HEREBY SUBMITS SAm REAL PROPERTY, ToUTIDR WITH ALL DRROVETU] '
APPIIRTENA"X£S AVD FAc11InES E%LSTDIG NOW OR HEUAF'IER T1IEREDN. TOCONDOLINIUM
UWNERSIIB UFIDEt nJE COLOMDO COMMON NTERESf OWNFASIUP ACT, CAS l&)J1101 AS THE
SAME R AMENDEDROOM nRTi TO —ANTS.
MDIffAFS, MPOSES .R ALL OFn@REAL PROPERTY
THE TERMS. CONDIOBIJO COONS DES , RFSIRINT HE EASF).¢SlIS, RESEA A TI N£ USES,
LIMITAnO1:S, AND OBLIGATONS DESIXB®N THE CONDOMINIUM DECLARATION MR CFMPIF,X
CDOECNUDOMM/NnIOlTNM
IXnADmnDS RECN�MITON ND . ft B=OWHICH
DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BURDEN AND
A BENEFIT TO SAE) O'ANFR ITS SUCCESSORS ASSIGNS AND ANY PELSON ACQUIRING OR OWNING AN
DTIEREST IN SUCH REAL PROPERTY, THEM GRANTEES. SIiCYTSSORS HEIRS, PERSONAL
REISFSFMATNPS, EXFLTTIORS, ADIANISIRwtO0.S, DEV@ES OP ASSIGNS.
FJRCilTFD TIES ($� DAY OF ,m15.
CE—ER, LLC J
BY
TIRL
STATE OFQjpvaii. )
mum oPl�yi g_�
T}1E R)RFLK)DIG OWNERS CFR�FI(' TE WAS AIXNOWIRIX:ED BERME MF. THIS I1m DAY OF
forts BY �A1IW Y•�MM ws MAIJ.4�.FR OF CENTRE%.
WTINC4 MY HAND ANDOFTICTAL SEAL MY (bAM6WN FXPMES:
.)n.r-�-Cf1.�KofdA� BARRARAJ.DpAUKT�oXY
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE:
I. IA30N a NED_ A REQSRIID LAND SLRVEYOR OFTHE STATE OF COLORADD. DO-1
CERTIFY 1HAT1NAVEPREPAREDTHISOOFmOAfATfMPIATOF CENFUEXCOND061NR A
CONDOMINNM: THAT THE LOCATION OF THE OUTSE E BOfNOAR65. ROADS EXISTDM
SRU1C7 MES, FACdRiPd AND OTHER FEATURES ARE ACCURATELY AND CORRH'H.Y SHOWN
HEREON: THAT ITTE SAME ARE BASED ON FIELD SLRYEnSI PFRFOE UNDER MY SUPERVISION:
AND THAT TTRIS MAP MEETS THE RE QUIRFMENIS OF A— SURYBY FLAT AS SET FORTH N C.S.
secnoNJt-sl-I%.IIRED BYl XS.SETHAr THISC OF TNINRIAIMM coNr OAu. of nff
NFORMAIYA REQUIRED EYCASsER ER 18-OF OF Tiff IS LSS THAN 05,MINTEREST'
OWNFASHA ACT AND HEAT TT@ LN'PAR ERROR OF LIASL% IS LESS niAti I;IS.Om.
0 REGI
O�sr
F
BY. .NN GOO,Tr`
PIS. A � '•�
atiN DF �; SEAL ;
s• F
DNA L O (' �`•.,
T1D4 PLAT WAS REVRIYID FOR REPICTON E'NC42BHtRNG DFPAR'INQNT
SURVEY RPoIIIXER�nS 11LLS DAYOP m15.
BY i[ifV Y
CIA
AS: CnT OF ASPEN ENGINEER
HIES CONDOMINM4PUT WAS PILED POR RBCORDN OFFlCE OP CIJ]tK AND RBNADER OF
THIUNCOUNTY, COIDMOO,ATII: SB OaDCA ZRCEU DAY OF
mis AND 6 DULY REODRDED N BOOK 1 I O M R6CEPIHIN
No
BY:
CLERK AIID RECORDER RECEPTION/: 625181), 1112512015.t
11:60:10 AM, 1 OF 1, R 111.00 Janice K.
BY: - Vos Ceuditl, PUkin County, CO
PLAT BK 112 PG 99
Pm,e NO.
CEMPLEX, IS•C.
CITY OF ASPEN, COI.ORADO
13009
CONDOMINIUM PLAT
CEMPLEX CONDOMINIUMS
1035/1037 CEMETERY LANE
I OF (
N CONDOMINIUM PLAT OF
0
330 30
300 e Y 1 n g' 60
CEMPLEX CONDOMINIUMS
LOT 3, BIOCK`, PITKIN MESA SUBDIVISION, ACCORDING TO THE PLAT RECORDED DECEMBER 17, 1965 IN PLAT BOOS 3 PAGE 58
W 270 a 90 E SITUATED IN THE SWI/4SW1/4, SECTION 1, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN
CITY OF ASPEN , COUNTY OF PITKIN, STATE OF COLORADO
240 120
THE PURPOSE OF THIS CONDOMINIUM PLAT IS TO RE-CONDOMINIUMIZE THE SUBJECT PROPERTY AND IMPROVEMENTS SHOWN HEREON
210 150 PARCEL NO. 2735-013-22-800
180
S ADJOINER
BUILDING v
REBAR • -
N 90°00'00" E
X
R
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U
rn
0
RED BUTTE PARK
CITY OF ASPEN
PARCEL NO.
273502400851
1
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16.1'
w iC
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#5
#5 REBAR & CAP
L.S. NO 9018
23.2,
/T A�
FENCE)
(TYP.)
N
23.2'
2 STORY WOOD FRAME
DWELLING
WITH BASEMENT
�e
GRAPHIC SCALE
10 0 s 1020 40
( IN FEET )
1 inch = 10 ft.
8.9,
PEN LAND USE REG.
26-710-50 ..
t
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If
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NomC€tJke n
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,Compa ne TOnnei Nti q>'
VICINITY MAP
SCALE: 1" = 2000'
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 THE
CERTIFICATION SHOWN HEREON.
NOTES:
RNR CONDOMINIUMS
1045 CEMETERY LANE
PARCEL NO.
2735-013-22-002
CITY OF ASPEN LAND USE REG.
26-111-10
e
°
O
WINDOW
WINDOW—Till
M
WELL
22.05'
32.95'
M
O
°
S 89°54'29" E
z
3.55'
24.15'
" UNIT 1037
PARCEL AREA =
7,069 S.F.f
N 90°00'00" W
CI'RIANO-TAYLOR
CONDOMINIUM
1025 CEMETERY LANE
PARCEL NO.
273501324800
2 STORY WOOD FRAME
DWELLING
WITH BASEMENT
51.5'
UNIT 1035
PARCEL AREA =
8,246 S.F.f
204.94'
13.4' ACCESS EASI
FOR THE BENEFIT OF
(SEE DECLARAI
U
SEE DECLARATION
FOR EASEMENT
FENCE FOR UNIT 1037
T X (TYP') X X 91.64' x
1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING
SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN
THE TITLE COMMITMENT PREPARED BY STEWART TITLE GUARANTY COMPANY, FILE NO.
01330-40294 DATED EFFECTIVE JUNE 24, 2014.
2) THE DATE OF THIS SURVEY WAS FEBRUARY 5, JUNE 14, 2013, DECEM 3ER 6, 2013 AND AUGUST
6, 2015.
3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S90°00'00"W BETWEEN THE
SOUTHEAST CORNER OF UNIT 1035, CEMPLEX CONDOMINIUM, A 45 REBAR & CAP ILLEGIBLE
FOUND IN PLACE AND THE SOUTHWEST CORNER OF UNIT 1037 CEMPLEX CONDOMINIUM, A #5
REBAR & CAP L.S. NO.9018 FOUND IN PLACE.
4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
5) THIS SI Y IS BA ON THE PITKIN MESA SUBDIVISION PLAT RECORDED DECEMBER 17,
1965 IN PL OOK 3 A AGE 58, THE DAHLANDER CONDOMINIUM MAP RECORDED
NOVEMBER 26, 1980 IN PLAT BOOK 10 AT PAGE 76, THE AMENDED CONDOMINIUM MAP
RECORDED DECEMBER 17, 1980 IN PLAT BOOK 10 AT PAGE 90 AND THE NOTICE OF CORRECTION
TO CONDOMINIUM MAP RECORDED APRIL 10, 1987 IN BOOK 533 AT PAGE 270 IN THE PITKIN
COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE.
6) THIS PROPERTY IS SUBJECT TO AN UNDERGROUND UTILITY EASEMENTS PER BOOK 728 PAGE
302 AND 306. THE LOCATION OF SAID EASEMENTS ARE NOT DEFINED WITHIN SAID BOOK AND
PAGES.
7) BUILDING SETBACKS AS SHOWN ARE ACCORDING TO THE CITY OF ASPEN LAND USE CODE.
BUILDING SETBACKS SHOULD BE VERIFIED PRIOR TO ANY CONSTRUCTION.
8) AT THE TIME OF SURVEY THE SUBJECT SITE WAS UNDER CONSTRUCTION, THEREFORE,
ADDITIONAL NON-STRUCTURAL IMPROVEMENTS MAY EXIST THAT HAVE NOT BEEN SHOWN ON
THIS SURVEY.
0 •
ifFLWA1
/ `36S,
25X2tYROADEASL FN1
-7
Td
PLAT BK 3 PG 58
ASPHALT
4
•
jYP.)
N 715 RI -BAR
i F
� I
o UNDERGROUND
o
253 S.F.f I
4t
CABLE L
(TYP.)
25 6
TELE'
PED.' �
COMM. PEA:
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� J
#5 REBAR
/
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d d
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/
ILLEGIBLE CAP
SITE BENCHMARK
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Po
ELEV=7838.71'
J
ASPHALT(TYP)
N
/a
w
((
C.O.A. GPS
MONUMENT #I1
nth;'.%L:
IN BUS LANE
C.O.A. GPS
@ CEMETERY LANE
MONUMENT #10
& SILVER KING
NORTH SIDE OF
DRIVE BRASS CAP
CEMETERY ENTRANCE
@ CEMETERY LANE
BRASS CAP
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL:
LENDER'S CONSENT:
THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM PLAT HAS
BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF
CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT
DE
US BANK N.A., BEING THE BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDED IN
OF RECORDED
DIRECTHE
OR THIS DAY OF , 2015. TO THE EXTENT THAT ANYTHING IN
THE REAL PROPERTY RECORDS OF PITBENEFICIARY
COUNTY, COLCERTAIN
DO, ON DUNE 24, AT
THIS M
THIS MAP IS INCONSISTENT OF CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT
RECEPTION NO. 611336 HEREBY CONSENTS TO THE MAKING AND RECORDING OF THIS
ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF OF
O
CONDOMINIUM PLAT AND AGREES THAT NO FORECLOSURE OR OTHER ENFORCEMENT'
APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE
ACTION PURSUANT TO SUCH DEED OF TRUST SHALL RESULT IN THE TERMINATION OR
REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE
CANCELLATION OF THIS CONDOMINIUM MAP.
LAWS SHALL CONTROL.
US BANK, N.A.
BY:
BY:
NAME:
CHRIS BENDON
TITLE:
AS: COMMUNITY DEVELOPMENT DIRECTOR
STATE OF COLORADO }
COUNTY OF PITKIN }
THE FOREGOING LENDER'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
_
2015 BY AS OF US BANK, N.A.
TITLE CERTIFICATE:
I, A DULY -AUTHORIZED REPRESENTATIVE OF
MY COMMISSION EXPIRES:
STEWART TITLE GUARANTY COMPANY DO HEREBY CERTIFY THAT I HAVE EXAMINED THE
WITNESS MY HAND AND SEAL.
TITLE TO ALL LANDS HEREIN SHOWN ON AND DEDICATED BY THIS PLAT AND THAT TITLE TO
SAID LANDS IS IN THE OWNER AND DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES AND
ENCUMBRANCES, EXCEPT AS SHOWN HEREIN.
STEWART TITLE GUARANTY COMPANY
BY:
TITLE EXAMINER
DATE:
NOTARY PUBLIC
CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP:
KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE SOLE OWNER OF ALL THAT
REAL PROPERTY SITUATED IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, SAID
REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 3, BLOCK 1, PITKIN MESA SUBDIVISION, ACCORDING TO THE PLAT RECORDED DECEMBER 17, 1965
IN PLAT BOOK 3 AT PAGE 58;
HEREBY CERTIFIES THAT IT HAS CAUSED THE SAID REAL PROPERTY TO BE LAID OUT,
CONDOMINIUMIZED AND SURVEYED AS UNIT 1035 AND UNIT 1037, CEMPLEX CONDOMINIUMS. AS
SHOWN AND NOTED HEREON AND AS DESCRIBED IN THE DECLARATION AS DEFINED BELOW:
THE UNDERSIGNED HEREBY SUBMITS SAID REAL PROPERTY, TOGETHER WITH ALL IMPROVEMENTS,
APPURTENANCES AND FACILITIES EXISTING NOW OR HEREAFTER THEREON, TO CONDOMINIUM
OWNERSHIP UNDER THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. 38-33.3-101 AS THE
SAME BE AMENDED FROM TIME TO TIME, AND HEREBY IMPOSES UPON ALL OF THE REAL PROPERTY
THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS, USES,
LIMITATIONS, AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CEMPLEX
CONDOMINIUMS ON 2015 AS RECEPTION NO. (THE
DECLARATION) TOGETHER WITH ANY OTHER AMENDMENTS OR SUPPLEMENTS THERETO, WHICH
DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BURDEN AND
A BENEFIT TO SAID OWNER, IT'S SUCCESSORS, ASSIGNS AND ANY PERSON ACQUIRING OR OWNING AN
INTEREST IN SUCH REAL PROPERTY, THEIR GRANTEES, SUCCESSORS HEIRS, PERSONAL
REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, DEVISEES OR ASSIGNS.
EXECUTED THIS DAY OF .2015
CEMPLEX, LLC.
BY:
TITLE:
STATE OF )
)SS.
COUNTY OF )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2015 BY AS OF CEMPLEX, LLC..
WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE:
I, JASON R. NEIL, A REGISTERED LAND SURVEYOR OF THE TE 0 LO DO HEREBY
CERTIFY THAT I HAVE PREPARED THIS CONDOMINIU PLAT F CE X NDOMINIUMS A
CONDOMINIUM: THAT THE LOCATION OF THE 0 0 ARIES, S, EXISTING
STRUCTURES, FACILITIES AND OTHER FEA A ELY CORRECTLY SHOWN
HEREON: THAT THE SAME ARE BASED ON RRVEY ORMED UNDER MY SUPERVISION:
AND THAT THIS MAP MEETS THE REQU NTS F A LAND VEY PLAT AS SET FORTH IN C.R.S.
SECTION 38-51-106. I FURTHER CERTIFY N OMINIUM MAP CONTAINS ALL OF THE
INFORMATION REQUIRED BY C.R.S. CT10 3-209 THE COLORADO COMMON INTEREST
OWNERSHIP ACT AND THAT THFF ERR F C URE IS LESS THAN 1;15, 000.
BY. r
JAS VYS%W
5
F AF
SURV
ENGINEERING DEPARTMENT REVIEW:
THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT
SURVEY REQUIREMENTS. THIS DAY OF , 2015.
BY:
TRICIA ARAGON, P.E.
AS: CITY OF ASPEN ENGINEER
CLERK AND RECORDER'S CERTIFICATE:
THIS CONDOMINIUM PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO, AT O'CLOCK .M., ON THE DAY OF
2015, AND IS DULY RECORDED IN BOOK , PAGE , AS RECEPTION
NO,
BY:
CLERK AND RECORDER
BY:
DEPUTY
9
WAAS CAMPBELL RIVERA
JOHNSON &VELASQUEZa
Octrober 13, 2015
J. Bart Johnson
970.544.4602
johnson@wcrlegal.com
Hilary Seminick 13
City of Aspen Community Development Dept. �O�s
130 South Galena Street
Aspen, CO 81611
Re: Application for Condominium Plat for 1035 Cemetery Lane, Aspen, CO
Dear Hillary:
I am delivering with this letter a Land Use Application and supporting materials for the
purpose of obtaining approval of a condominium plat for two duplex dwelling units that are
nearing completion on the property located at 1035 Cemetery Lane within the City of Aspen.
The property is owned by CemPlex LLC, a Colorado limited liability company, with an address
of 605 W. Street, Suite 2, Aspen, CO 81611 and a phone number of 970-544-4187.
The property was formerly condominiumized as Units A and B of the Dahlander
Condominium but the prior condominium regime was terminated for the purpose of redeveloping
the property with new residential improvements. The termination of the prior condominium map
was documented by a Notice to Vacate Condominium Map .that was signed by Chris Bendon on
June 13, 2014 and recorded in the real estate records of Pitkin County on June 24, 2014 at
Reception No. 611332. A copy of this Notice to Vacate Condominium Map is enclosed with this
application.
Please note that on June 24, 2015, S2 Architects (as the applicant's project architect)
submitted an application requesting that the rear unit be given the address of 1037 Cemetery
Lane, with the understanding that the front unit would have the existing address of 1035
Cemetery Lane. Thus, some of the attached application materials refer to the property as
1035/1037 Cemetery Lane. For this same reason, we are proposing that the two units would be
designated as Unit 1035 and Unit 1037 on the proposed condominium plat.
The proposed condominium map complies with the requirements of Section
26.480.050.A of the Aspen Land Use Code. Specifically, please note as follows: (a)
condominium map is limited to allocating ownership interests of a single parcel and will not
effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, or
a change in use of the property, and does not operate as an abatement of other applicable
regulations affecting the property; and (b) the proposed condominium map complies with the
style and formatting requirements of the Land Use Code and is consistent with the Engineering
Department's standards.
1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 r 720-351-4700 s 720-351-4745
420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 M 970-544-7006 s 866-492-0361 WCRLEGAL.COM
i 0
Hillary Seminick
October 13, 2015
Page 2
Thank you for your assistance with this matter.
Sincerely,
J. Bart Johnson
for
WAAS CAMPBELL RIVERA
JOHNSON & VELASQUEZ LLC
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
OCT 13 2015
Name:
Location:
Indicate street address, lot & block nu , legal descri tion where appropriate)
Parcel ID # (REQUIRED)
iPPLICANT:
Name: C�
Address: LocC fS c\ -2
Phone #: -4o
REPRESENTATIVE:
Name:
Address: f�-o t-.ff)],r, `J� . �j�; 210 n C C)
Phone #: 9 --4Q
TYPE OF APPLICATION: (please check all that apply):
❑
GMQS Exemption
❑
Conceptual PUD
❑
Temporary Use
❑
GMQS Allotment
❑
Final PUD (& PUD Amendment)
❑
Text/Map Amendment
❑
Special Review
❑
Subdivision
❑
Conceptual SPA
❑
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
❑
Final SPA (& SPA
Margin, Hallam Lake Bluff,
condominiumization)
Amendment)
Mountain View Plane
❑
Commercial Design Review
❑
Lot Split
❑
Small Lodge Conversion/
Expansion
❑
Residential Design Variance
❑
Lot Line Adjustment
❑
Other:
❑
Conditional Use
EXISTING CONDITIONS:
(description of existing buildings,, uses,
previous approvals,
etc.)
f\c, wo
D �
`ROPOSAL: (description of proposed buildings, uses, modifications, etc.) `
Have you attached the following? FEES DUE: $ 6) c�_ S
Pre -Application Conference Summary
ttachment #1, Signed Fee Agreement
LJ Response to Attachment #3, Dimensional Requirements Form
esponse 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-D model. Your pre -application conference summary will indicate if you must submit a 3-D model.
0
009I.201S•4�LLA of T 1 3
Agreement to Pay Application Fees
An agreement between the Uly of Aspen t-L ay ) ano
Property Cemplex LLC Phone No.: 970-544-4187
Owner ("I*): Email: michael@haymax.com
Address of 1035/1037 Cemetery Lane Billing 605 W. Main St., Ste. 2
Property: Aspen CO 81611 Address: Aspen CO 81611
(subject of (send bills here)
application)
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
$0
flat fee for Select Dept
flat fee for Select Dept
S_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.
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.
$ 650 deposit for 2 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.
City of Aspen: Property Owner -
Chris Bendon Michael &own
Community Development Director Name:
City Use:
Title: Authorized Representative
Fees Due: $ 925 Received: $
Rr. I WN 1'Ut?. P�tirRMA; ' ' ��"! i L73
• 00-q1 - 201C.
t
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Hillary Seminick, 970.429.2741
PROJECT: 1035 Cemetery Lane
REPRESENTATIVE: Bart Johnson
REQUEST: Subdivision - Condominium Plat
DATE: October 12, 2015
DESCRIPTION:
The subject property is a duplex located in the Cemetery Lane neighborhood within the R-15 zone district. The
RNR Condos were first condominiumized on February 15, 1980 at Reception No. 221926. The condo plat was
subsequently amended on February 26, 1990 at Reception No. 320333 and November 5, 1998 at Reception
No. 424186. The applicant seeks to amend the plat again to reflect changes to the subject property, making
this the third amended plat for the RNR Condos. 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°o20and°/020Fees/2013%2Oland%20use%20a
pp%20form.pdf
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 - -••
26.480.050.A Condom iniumization OCT 1 3
2015
Review by: Staff for complete application
Engineering Dept.
Planning Fees: $650 - for two hours of Staff Review time.
Referral Fees: Engineering -$275 for one hour of review time
Total Deposit: $925 (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:
i
ET" Completed Land Use Application and signed fee agreement.
IT/Pre-application Conference Summary (this document).
Ef 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
ASLU
Subdivision
1035 Cemetery Lane
2735-013-22-800
•
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.
Q' 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.
G ' HOA Compliance form (Attached)
2' 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.
Cf" Written responses to all review criteria (26.480.050.A)
d An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. ✓
13/Two paper copies of the 24"x36" plat
D/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.
2
0
•
CemPlex LLC
605 W. Main St., Ste. 2
Aspen, CO 81611
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
To Whom it May Concern,
This letter confirms that Bart Johnson of the firm Waas Campbell Rivera Johnson & Velasquez LLP is an
authorized representative of CemPlex LLC for the purpose of processing approval of a condominium plat
for the duplex condominium units located at 1035/1037Cemetery Lane, Aspen, Colorado. The Tax
Parcel ID Numbers for the property are: 273501322031 and 273501322032.
Thank you for your assistance with this matter.
Sincerely,
CemPlex LLC/
I i
Michael Bro n, Authorized Representative
Vicinity Map - 1035 Cemetery Lane
Pitkin Maps & More
Map Created on 1:52 PM 10/13/15 at http://www.pitkinmapsandmore.com
Legend
State Highway
Road Centerline 4K
o Primary Road
Secondary Road
-- Service Road
Rivers and Creeks
Continuous
.. Intermittent
River, Lake or Pond
Town Boundary
Federal Land Boundary
r BLM
13 State of Colorado
13 USFS
Notes
752 2 0 376.08 752.2 Feet THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
1: 4,513 concerning the completeness, accuracy, or reliability
WGS_1984_Web_Mercator_Auxiliary_Sphere 0 of the content represented.
i
0
•
Permit No.
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: 45\Oc ������«�c)c
1O 35�i o3� (� aQkerc� L,n . QSax�
�c,rest� )50�3 ' 3\ < L7_o32_
I, the property owner, 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 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:
Owner printed name:
date:
or,
Attorney signature- 4— — date
Attorney printed name k�14-
10—/7 -2y(S
•
•
WAAS CAMPBELL RIVERA
JOHNSON &VELASQUEZ9
October 13, 2015
City of Aspen Community Development Dept.
130 South Galena Street
Aspen, CO 81611
Re: Proof of Ownership for1305 Cemetery Lane, Aspen, CO
Community Development Department:
J. Bart Johnson
970.544.4602
johnson@wcrlegal.com
I am licensed to practice law by the State of Colorado. By this letter, I am confirming
that the property located at 1305 Cemetery Lane in Aspen, Colorado, is owned in fee simple by
CemPlex LLC, a Colorado limited liability company, subject to a Deed of Trust to secure a loan
from US Bank, N.A. recorded on June 24, 2014. The legal description of the property is:
Lot 3, Block 1, Pitkin Mesa Subdivision, according to the plat thereof recorded December
17, 1965 in Plat Book 3 at Page 58,
Together with:
Road Easement over Lot 4, Block 1, Pitkin Mesa Subdivision, according to the plat
thereof recorded December 17, 1965 in Plat Book 3 at Page 58.
County of Pitkin, State of Colorado
The title insurance policy for such property issued to CemPlex LLC when it purchased
the property is enclosed with this letter. Because this insurance policy is more than 6 months
old, I am submitting this letter to verify the ownership of the property.
Sincerely,
J. Bart Johnson
for
WAAS CAMPBELL RIVERA
JOHNSON & VELASQUEZ LLP
Enclosure
1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 M 720-351-4700 s 720-351-4745
420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 M 970-544--7006 F 866-492-0361 WCRLEGAL.COM
0 •
CemPlex LLC, a Colorado Limited Liability Company
605 W. Main Street
Suite 2
Aspen, CO 81611
Ikr
0
stewart title
July 21, 2014
CemPlex LLC, a Colorado Limited Liability Company
605 W. Main Street
Suite 2
Aspen, CO 81611
Priscilla Prohl-Cooper
File No: 01330-40294
Property Address: 1035 Cemetery Lane, Aspen, CO 81611
Dear Customer
Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
(970) 925-3577 Phone
(866) 277-9353 Fax
pprohl@stewart.com
Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy
premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard.
Please review and retain your policy with your other valuable records.
We have a permanent file regarding your property and can offer expedient and cost efficient service with your
future transactions. In the event you decide to sell or refinance your property in the future, please contact us
for special discounts and faster service.
You may access all your closing documents through the Internet on SureClose by visiting
www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information.
Sincerely,
Stewart Title - Aspen
0
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under
your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at htto://www.stewart.com.
ALTA Owner's Policy (6/17/06)
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) 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. The term "encroachment" includes encroachments of existing improvements
located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land,
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned by:
stewart
title guaranty company
Authorized Countersignature
Stewart Title
97 Main Street, Suite W201
Edwards, CO 81632
Agent ID: 06011A
Copyright 2006-2009 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.
File No. 01330-40294
Page 1 of Policy Serial No.: 0-9301-003141299
oV-Z
Matt Morris
President and CEO
Denise C rraux
Secretary
0 s
COVERED RISKS (Continued)
Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court
order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the
transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency, or similar creditors'
rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
(i) to be timely; or
(ii) to impart notice of its existence to a purchaser for value or to
a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records
subsequent to Date of Policy and prior to the recording of the deed or
other instrument of transfer in the Public Records that vests Title as
shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this Policy, but only
to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Records
at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
(a) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk
9 of this policy.
Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule
A.
CONDITIONS
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy' in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) the tens "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next of
kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured.
Insured named in Schedule A for estate planning
purposes.
(ii) with regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(a) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "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 insured by this
policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
(2) if the grantee wholly owns the named Insured.
(3) if the grantee is wholly -owned by an affiliated Entity
of the named Insured, provided the affiliated Entity Q)
and the named Insured are both wholly -owned by (k)
the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed in
the records of the clerk of the United States District Court for the
district where the Land is located.
"Title": The estate or interest described in Schedule A.
"Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the obligation to
purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
Copyright 2006-2009 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. AMr RICAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND r I r L t
Asscx iAr wN
File No. 01330-40294
Page 2 of Policy Serial No.: 0-9301-003141299
0 •
CONDITIONS (Continued)
CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured, or
only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secured by a
purchase money Mortgage given to the Insured.
NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 5(a) of these Conditions, (ii) in
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the extent
of the prejudice.
PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of
loss. The proof of loss must describe the defect, lien, encumbrance,
or other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This
obligation is limited to only those stated causes of action alleging
matters insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured
as to those stated causes of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not
pay any fees, costs, or expenses incurred by the Insured in the
defense of those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If
the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name of
the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to furnish the
required cooperation, the Company's obligations to the Insured
under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and places as
may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports,
e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative
of the Company, the Insured Claimant shall grant its permission,
in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the
Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably necessary
information from third parties as required in this subsection,
unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this policy as to that
claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay
or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay. Upon the exercise by the
Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make the
payment required in this subsection, shall terminate, including
any liability or obligation to defend, prosecute, or continue any
litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attomeys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay;
(ii) to pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any
costs, attomeys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
Copyright 2006-2009 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 dale of use. AAA E rt 1 c Iry
All other uses are prohibited. Reprinted under license from the American Land Title Association. IANn t 111 t
A\\l# IAr IC1N
File No. 01330-40294
Page 3 of Policy Serial No.: 0-9301-003141299
0 •
CONDITIONS (Continued)
DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attomeys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under
this policy, it shall be subrogatod and entitled to the rights of the
Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to evidence
the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these
rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising
out of or relating to this policy, any service in connection with its
issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this
policy. 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. All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator(s) may
be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does
not (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy, or
(iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given
to the Company at Claims Department at P.O. Box 2029, Houston,
TX 77252-2029.
Copyright 2006-2009 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. AM I alc AN
All other uses are prohibited. Reprinted under license from the American Land Title Association. 1A.0 t r t 1 t
A-X W KI.
File No. 01330-40294
Page 4 of Policy Serial No.: 0-9301-003141299
C�
•
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
Name and Address of Stewart Title Guaranty Company
Title Insurance Company: P.O. Box 2029, Houston, TX 77252
File No.: 01330-40294 Policy No.: 0-9301-003141299
Address Reference: 1035 Cemetery Lane, Aspen, CO 81611
(For Company Reference Purposes Only)
Amount of Insurance: $6,891,752.00
Date of Policy: June 24, 2014 at 9:49 AM
1. Name of Insured:
CemPlex LLC, a Colorado Limited Liability Company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
CemPlex LLC, a Colorado Limited Liability Company
4. The Land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
Premium: $5,540.00
Copyright 2006-2009 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.
File No. 01330-40294 Page 1 of 2 STEWART TITLE
CO STG ALTA Owner's Policy Sch A STCO GUARANTY COMPANY
L
0
ALTA OWNER'S POLICY (6/17/06)
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel A (Fee Simple Interest):
Lot 3, Block 1, Pitkin Mesa Subdivision, according to the plat thereof recorded December 17, 1965 in Plat Book 3 at Page
58.
County of Pitkin, State of Colorado
Parcel B (Easement Interest):
Road Easement over Lot 4, Block 1, Pitkin Mesa Subdivision, according to the plat thereof recorded December 17, 1965
in Plat Book 3 at Page 58.
County of Pitkin, State of Colorado
Copyright 2006-2009 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.
File No. 01330-40294 Page 2 of 2 STEWART TITLE
CO STG ALTA Owner's Policy Sch A STCO GUARANTY COMPANY
•
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
File No.: 01330-40294 Policy No.: 0-9301-003141299
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of:
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. 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and
that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,
whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in
Schedule B.
6. Water rights, claims or title to water.
7. All taxes for 2014 and subsequent years, which are a lien not yet payable.
8. 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.
9. The 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, as reserved in United States Patent recorded in Book 55 at Page 5.
10. Rights -of -Way and easements as shown on the Plat of Pitkin Mesa Subdivision recorded December 17, 1965 in
Plat Book 3 at Page 58 and Amended Plat of Pitkin Mesa Subdivision recorded in Plat Book 4 at Page 190, Plat
Book 4 at Page 191 and in the Annexation Map thereof recorded in Plat Book 5 at Page 77.
11. Improvements Agreement recorded January 21, 1977 in Book 323 at Page 636.
12. Ordinance No. 76 (Series of 1976) of the City of Aspen recorded April 12, 1977 in Book 327 at Pam and
as set forth in Agreement for Annexation of Real Property into the City of Aspen recorded April 12, 1977 in Book
327 at Page 228.
13. Covenants between Nils-Bertil Dahlander and The City of Aspen recorded April 8, 1980 in Book 387 at Page 248
as Reception No. 223194, and in the Statement of Exemption from The Definition of as Subdivision, recorded
April 3, 1980 in Book 385 at Page 985 as Reception No. 223000.
14. Agreements by Homeowner To Assume Responsibility For Burying Secondary Overhead Utility Lines recorded
October 27, 1993 in Book 728 at Page 302 as Reception No. 362489 (Unit A) recorded in Book 728 at Page 306
as Reception No. 362490 (Unit B) and as set forth in Aspen City Council Ordinance No. 81 (Series of 1992)
creating special improvement district, as disclosed in said Agreements.
Copyright 2006-2009 American Land Title Association. Ali rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-40294 Page 1 of 2 STEWART TITLE
CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY
0 •
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
15. Liability hereunder at the date hereof limited to $1,522,727. Liability shall increase as contemplated improvements
are made so that liability hereunder shall be limited to that sum plus the amount actually expended by the insured
in improvements, including, without limitation, amounts disbursed pursuant to the loan secured by the deed of trust
described in exception 15 of the owner policy, in good faith and without knowledge of any defects, liens or
encumbrances on the title at the time the expenditure occurs. In no event shall the liability of the Company
hereunder exceed the face amount of this Policy. Nothing contained in this paragraph shall limit any exception or
any printed provision of this Policy. NOTE: Owner's Policy
16. Notice of Approval recorded May 7, 2014 as Reception No. 610075.
17. Deed of Trust executed by CemPlex LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin
County, dated June 18, 2014, in the principal amount of $4,619,025.00, payable to U.S. Bank National
Association, and recorded June 24, 2014 as Reception No. 611336.
Copyright 2006-2009 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 prohibded. Reprinted under license from the American Land Title Association.
File No. 01330-40294 Page 2 of 2 STEWART TITLE
CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY
•
0
File No.: 01330-40294
Anti -Fraud Statement
CRS 10-1-128
"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."
0 0
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title
Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-40294 Page 1
Revised 11-19-2013
Reasons we can share your personal information.
Do we share
Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
Yes
No
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
For our marketing purposes— to offer our products and services to
Yes
No
you.
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
Yes
No
non -financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information
No
We don't share
about your creditworthiness.
For our affiliates to market to you —For your convenience,
Yes
Yes, send your first and last name, the
Stewart has developed a means for you to opt out from its affiliates
email address used in your transaction, your
marketing even though such mechanism is not legally required.
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies
No
We don't share
not related by common ownership or control. They can be financial
and non -financial companies.
How often do the Stewart Title Companies notify me
We must notify you about our sharing practices when you request a
about their practices?
transaction.
How do the Stewart Title Companies protect my
To protect your personal information from unauthorized access and use, we
personal information?
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
personal information?
request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
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ALTA Endorsement 17-06 (Access and Ent*
•
File No.: 01330-40294
ENDORSEMENT
ATTACHED TO POLICY NUMBER 0-9301-003141299
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Charge: $500.00
The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and
have both actual vehicular and pedestrian access to and from Cemetery Lane using Road Easement shown of the plat of
Pitkin Mesa Subdivision recorded December 17, 1965 in Plat Book 3 at Page 58. (the "Street'), (ii) the Street is not
physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that
portion of the Street abutting the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date: June 24, 2014
Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
Countersigned by:
stewart
_e t title guaranty company
Authorized Countersignature
Stewart Title
97 Main Street, Suite W201
Edwards, CO 81632
Agent ID: 06011A
Endorsement
Serial No.
E-9361-760866511
Copyright 2006-2009 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.
File No. 01330-40294
ALTA Endorsement 17-06 (Access and Entry) (6/17/06) 0
Page 1 of 1
Matt Morris
President and CEO
Denise C rraux
Secretary