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Home My WebLink AboutLand Use Case.257 Park Ave.0032.2005.ASLU ... ....~ ..- " City of Aspen Community Development Dept. CASE NUMBER 0032.2005.ASLU PARCEL 10 NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER JAMES LINDT CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE MICHAEL FEIGENBAUM DATE OF FINAL ACTION 4/29/2005 CLOSED BY Denise Driscoll -b 1 19-1 Pa~Â«- Rv-1- 257 Park&1180 Dale Subd Exemption -2-73718133055 Case 0032.2005.ASLU - 0-a~06 15 4 biA j ,Â»6345 1 33055 - I- (Zi Permits .180 irrir 111 0 I J tile Edit &ecord Navigate FQrm Reports Format Iab Melp -- 7 J_Molt'le Help-~ i.ev~|'*-I~iÂ®006'--OU@(DRO.~ 4 , Mi~Miklumpl *-I 1 9 & 4 e clear_~I~ Routing History ~ Conditions ~ Sub Permits I Valuation ~ Public Comment ~ Attachments ~ Main ~ Routing Status | Arch/Eng | Parcels | Custom Fields | Feei ~ Fee SummarM ~ Actions ~ Permit Type Bslul ~~-i~*en Land Use 200,~ Permit# |0032.2005.ASLU 4 1 Address |OZERO 21 Apt/Suite | Cil, |ASPEN State|CO 1| Zip |81611 ~ Pe,mit Illfull,laliu, 1 Master Permt | g| Routing Queue |aslu Applied ~04/12/2005 0 Proiect ~ 11 Status ipending Approved 1 3 Description ~SUBDIVISION EXEMPTION Issued 1 0 Final 1 3 Submitted jMICHAEL FEIGENBAUM Clock [Running- Days r--0 Expires |04/07/2006 0 E Visible on the web? Permit ID: ~ 33763 Owriei Last Name |PARK/DALE RESIDENCES gl Fist Name ~A CO COMMON INT COMM 257 PARK & 1180 DALE AVE ASPEN CO 81611 Phone | [970] 925-5196 17 01*iner le AnnlirAn,7 ~ . .. 1/#lill'll.'ll'-1 *1 Enter the permit type code /~iew/71 Record: 3 of 3 3 4 R_Â£ ceud E.& 804 72 49* ItcÂ«45095/2 MEMORANDUM To: Michael Feigenbaum From: James Lindt, Planner Date: April 13,2005 Re: Lot 3, ParldDale Subdivision Condominium Map- Community Development Department's Comments Please make the following modifications to the proposed plat: 1. Clearly indicate LCE and GCE. ~ 2. Amend the title to read "Plat of Park/Dale Residences, Lot 3 of the Park/Dale Subdivision, a common interest community, City of Aspen,U Pitkin County, Colorado. 3. Include a purpose statement below the plat title that indicates that the / purpose of the plat is to condominiumize the property pursuant to the V procedures established in City Land Use Code Section 26.480.090. 4. Change Com Dev Engineer's signature block to City Engineer' s ~ signature block. 5. Include encroachment license reception number for the concrete wall - constructed in right-of-way. 4 6. Show easement recording information for the drywell that encroaches 4- onto Lot 2. 7. Identify true point of beginning that is tied to a government survey monument. 8. Include the width ofthe abutting right-of-ways on the plat. U 9. Include a plat note indicating the HOA's common access easement l/ that was negotiated between the City Engineer and the developer in order to clean and dredge the site's drainage facilities if needed. 10. Obtain all signatures with the exception o f the City Community Development Director, City Engineer, and Pitkin County Clerk and Recorder prior to submitting two (2) mylar copies to the Community Development Department. A recording fee of $11 is due upon submittal of the mylars. If recording the declaration in conjunction with the plat, please also include a check for $6 for the first page and $5 for each additional page to be recorded. Bill Boehringer, Managing Partner Dale/Park Avenue, LLC 330 Park Avenue, Aspen, CO 81611 March 31,2005 Mr. James Lindt City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 Re: Lot 3 Park/Dale Subdivision Condominiumization Dear Mr. Lindt: Concerning the application for above referenced matter, the undersigned hereby authorizes Michael Feigenbaum and the law firm of Brandt+Feigenbaum, P.C., 132 Midland Avenue, Suite 4, Basalt, CO 81621 (Phone: 970.925.5196), to represent us and act on our behalf in this matter. DALE/PARK AVENUE LLC -Lu,LI fr/--1- ---Bill Boehrifier, Klanaging-Partner Cc: Michael Feigenbaum, BRANDT+FEIGENBAUM, PC Shane Harvey, HOLLAND & HART BRANDT + FEIGENBAUM, P.C. ATTORNEYS AT LAW CHARLES I BRANDT (1939-2001) MIDLAND MALL ASPEN CONFERENCE ROOM: 132 MIDLAND AVENUE, SUITE 4 US BANK BUILDING GARRET S. BRANDT BASALT, COLORADO 81621 420 EAST MAIN, 2ND FLOOR MICHAEL FEIGENBAUM TELEPHONE. 970.925.5196 ASPEN, COLORADO 81611 ----- FAx: 970.925.4559 LUCAS PECK, ASSOCIATE www.brandt-law.com MICHAEL FEIGENBAUM PETER R DELANY, PARALEGAL mfeigenbaum@brandt-law.com April 11,2005 By Hand Delivery James Lindt City ofAspen Community Development Department 130 South Galena St. Aspen, CO 81611 Re: Lot 3, Park/Dale Subdivision: Application for Condominiumization of Park/Dale Residences, a Colorado Common Interest Community Dear James: This application for subdivision approval is submitted on behalf of Dale/Park Avenue, LLC, pursuant to Code Sections 26.480.090 and 26.304.030. With respect to this application. please note the following: â€¢ The applicant is Dale/Park Avenue, LLC, a Colorado limited liability company. For purposes of this application, the applicant's duly authorized agent is Michael Feigenbaum, Brandt Feigenbaum. PC, 132 Midland Avenue, Suite 4, Basalt, CO 81621; telephone: (970) 925-5196. â€¢ The property submitted for approval is located at Park Avenue and Dale Avenue, Aspen, Colorado: more particularly described as Park/Dale Lot 3, ParldDale Subdivision, according to the Plat thereof recorded in Plat Book 66 at Pages 5 and 6 as Reception #486838 (Parcel No. 273718133055). In addition, please find enclosed a check in the amount of $546, payable to the City of Aspen Community Development Department, together with two copies of the following items: 1. Pre-Application Conference Summary dated March 31,2005. 2. Proof of ownership - Title Insurance Commitment No. 42269 issued by Stewart Title of Aspen, Inc. 3. Laiid use agreement. 4. Fee Agreement signed by the applicant. 5. Consent letter signed by the applicant. 6. Draft condominium plat (24" x 36"), dated April 7,2005, prepared by Jonathan M. Kobylarz, P.L.S. as Job No. 3012-025. If there is anything further tliat you require to complete this application, please let me know as soon as possible. Sincerely, All 00 2726 - Michael Feigenbaum of BRANDT + FEIGENBAUM, P.C. Encls. CC: Bill Boehringer Paul Nicoletti Shane Harvey, HOLLAND & HART 2 IP : BRANDT FEIGENBAUM, P. C. 104731 132 MIDLAND AVE. SUITE 4 BASALT, CO 81621 82-340/1021 :~;,1.1.Â§.~l'..9 J,4. f..: - 11, '04..W DATF 9;905 '.1 i ~1 C (Fi'fic,Â¥ to I $ li_ 4 6, 60 ;2! u,(X~ oj Â·nfuÂ· *Â° C 14 9 0 f /15 311 ( 02., A .v,. j-j j~~evij or,'Â»4 k 09 1 1 :18 > A Secul,ly - 171 Details 0,1 ; '. Eve j-Whtl (66 41% 4,0 Too - DOLLARS Fe'lies 4 L.-1 'a ck ' t) Alpine Bank F NJ 600 East Hopkins, suite 001 F -v Aspen, CO 81611 (970) 920-4800 â€¢ Alplne Inlo-L[ne (970) 945-4433 1 . 1 -P ~ FOR Nb | 04 ti - 0(.9.A 60 Al.Â»Â«Ly bel- wi Il'1047 3 14 i 10 2 103407&~ 2020022519 * ~Â·.Â·mey'lyâ‚¬*yÂ«91Â«ALÂ·'*rg/ah '* #uÂ¥ 4 Yo 'Ye,%'\'T~'4Â«"br CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt. 429-2763 DATE: 3/31/05 PROJECT: Lot 3 Park/Dale Subdivision Condominiumization REPRESENTATIV-E Michael Feigenbaum OWNER: TYPE OF APP-LICATION: 0 Step. Condominiumization DESCRIPTION: The Applicant would like to condominiumize the duplex that is nearing completion on Lot 3 of the Park-Dale Subdivision. L.and Use Code Section(s) 26.480.090 Condominiumization Review by: Community Development Staff for appropriate plat contents and signatures on Plat. Public Hearing: No. Referral Agencies: Engineering. Planning Fees: $546 Flat Fee Total Deposit: $546 To apply, submit the following information: 1. Fee. 2. Proof of ownership or a letter of consent from the owner allowing for a condominiumization application to be sought. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Applicant's name. address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behal f o f the applicant. 6. 24" x 36" draft condominium plat prepared by a professional surveyor licensed in the State of Colorado.. 7. 2 Copies of entire application package (items 2-6 above). Review Process: Apply. Then the Community Development Staff and Engineer will review the proposed plat and return required corrections. Applicant's surveyor then will make corrections to plat and the Applicant will submit 2 mylar copies of the corrected plat to obtain signatures from the Community Development Director, Community Development Engineer, and the Pitkin County Clerk and Recorder prior to the plats recordation at the Pitkin County Clerk and Recorder's Office. Recordation fee of $11 for first page and $10 for each additional page to be recorded shall be submitted when mylar plats are submitted for signature. Disclaimer: T]le foregoing summary is advisory ill 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. American Land Title Association Commitment- 1 982 TITLE INSURANCE COMMITMENT BY -stewart . title guaranty company Order Number: 42269 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A. this Commitment becomes effective as of the Commitment Date shown iii Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under tile Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions iIi Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF. Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. -stewart -- title guarant' compar:v At 144* (Ong Fr 41162,1 AM 040 543 LE GUX AÂ»,fA Chairmon of tho !Bcard ;F\ - 1 Prooidon: L 5<1908/9/ f Countersigned: 40 4lk-> '/ / / \A 9 9 Authorized/Countersigpature Ste,vitrt Title 01 Aspen. Inc. 620 East Hopkins Avenue Aspen. CO 81611 Order Number: 42269 Page 1 of 2 Commitment - 235 W/O Disclosure 1 L CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records' means title records that five constructive notice of matters affecting yotir title - according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between tile Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS Ifany defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do aniend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below untess you knew of this Information and did not tell us about it in writing. - 4. LIMITATION OF LIABILITY Our only obligation IS to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I. or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms oftile Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence. which you may have against us concerning the title to the land must be based on this Commitment Order Number: 42269 Page 2 of2 Commitment - 235 W/O Disclosure COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: March 23.2005 at 7:30 a.iii. Order Number: 42269 2. Policy or Policies To Be Issued: ( X ) ALTA (1992 1 Owner's Policy Amount: TO BE DETERMNED ( 1 Standard (X) Extended Premium: Proposed Insured: To Be Determined C ) ALTA 1992 Loan Policy* Amount: C ) Standard C ) Extended Premium: 3. The estate or interest in the land described or refen-ed to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereofvested in: Date/Park Avenue. LLC. a Colorado limited liability company 5. The land referred to in this Commitment is described as follows. Lot 3, PARK-DALE SUBDIVISION, according to the Plat thereof recorded August 13, 2003 in Plat Book 66 at Page 5 as Reception No 486838. COUNTY OF PITKIN, STATE OF COLORADO Statement o f Charges Examiner Name: Tom Twitchell Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Reissue Rate Tax Certificate $ 20.00 Form 110.1 (Owners) S 150.00 SCHEDULE B - Section 1 REQUIREMENTS Order Number: 42269 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Release of Deed of Trust Dated July 15, 2003,Executed by: Coast Pacific Asset Management, Inc., to the Public Trustee of Pitkin County. to secure an indebtedness in the amount of$1,000,000.00, in favor of Jonathan H. Monkarsh. Recorded July 16. 2003 as Reception No.485470. Subordination of Deed of Trust recorded March 22,2004 as Reception No. 495680. Loan Assumption Agreement recorded October 21,2003 as Reception No. 490088 2. Release of Deed of Trust dated March 12.2004. executed by Date/Park Avenue LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County. to secure an indebtedness of $4.900.000.00. in favor of WestStar Bank, recorded Marcli 22.2004 as Reception No. 495681. 3. Duly executed Indemnity Agreement by Dale/Park Avenue, LLC, a Colorado limited liability company indemnifying Stewart Title of Aspen. Inc. against any and all loss or damage due to rights and claims ofparties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title). 4, Duly executed affidavit by the chief executive officer or general partner of J.D. Black Construction, Inc. stating that: 1. They are tile general contractor for all improvements constructed on the subject property. 2. All construction has been completed. 3. They have been paid in full. 4. All subcontractors and/or any parties which provided lienable services or materials for said construction project have been paid. 5. A complete list of names. addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 5, A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445 o f the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Eternal Revenue Code requires withholding oftax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds ifthe seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. 6. Indemnity and Affidavit as to Debts. Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. 7: Deed from vested owner. vesting fee simple title in purchaser(s). 8. Evidence satisfactory to Stewart Title Guaranty Company. furnished by the Office of the Director of Finance. City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). SCHEDULE B - Section 2 EXCEPTIONS Order Number: 42269 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties iii possession, not shown by the public records. 2. Easements, or claims ofeasements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines. shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are 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. Unpatented mming cialms; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Any and all unpaid taxes and assessments and any unredeemed tax sales. 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. 7, Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 17.1949 ill Book 175 at Page 246. 8. Any vein or lode of quartz. or other rock in place bearing gold. silver, cinnabar. lead, tin. copper or other valuable deposits daimed or known to exist on March 23.1885. as reserved by Patent recorded June 17, 1949 in Book 175 at Page 246. 9. Terms. conditions. provisions and obligations as set forth iii Ordinance No. 20 (Series of 2003) of the Aspen City Council, approving the subdivision of Lots 4A and 5A of the Independence No. 2 Subdivision recorded May 14, 2003 as Reception No. 482692. 10. Terms, conditions, provisions and obligations as set forth in Right o f Way I mprovements Agreement recorded July 21, 2003 as Reception No. 485661 and re-recorded September 25, 2003 as Reception No. 488901. 11. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement for the Park-Dale Subdivision recorded August 13, 2003 as Reception No. 486837, 12. Easements. rights of way and other matters as shown on the Plat of Park-Dale Subdivision recorded August 13, 2003 in Plat Book 66 at Page 5 as Reception No 486838. Note: Ten foot aerial utility easement shown on above Plat was vacated through Abandonment of Easements recorded December 5,2003 as Reception No. 492090,492092 aiid 492094. 13. Terms, conditions, provisions and obligations as set forth in Ordinance No. 011-2004 of the Board of County Commissioners of Pitkin County, Colorado recorded June 25, 2004 as Reception No. 499038. 14. Terms. conditions, provisions. obligations and easements as set forth in Drainage Improvements Easement and Cost Sharing Declaration recorded February 7, 2005 as Reception No. 506795. NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms. conditions, and exclusions set forth in tiie ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms. conditions and exclusions, will be made available upon request. DISCLOSURES Pursuant to C.R.S. 1 0-11-122. notice is hereby given that: A, The subject real property may be located iii a Special Taxing District; B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent. C. Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County' Commissioners, tile County Clerk and Recorder. or the County Assessor. Note: Colorado Division of Insurance Regulations 3-5-1. Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen. Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction. exception number 5 will not appear on the Owners Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B. Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B, No labor or materials have been furnished by mechanics or materiatmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmens liens. D. The Company must receive payment ofthe appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: discjosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and. any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVE:RAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File Number: 42269 Slewan Title 01- Aspen. Inc. Disclosures Page tof 1 PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Granim-Leach-Bliley Act (GLBA) generally prohibits any financial institution. directly or through its affiliates, from sharing nonpublic personal mformation about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document. which notifies you of the privacy policies and practices of Stewart Title of Aspen, Inc. and Stewart Title Guaranty Company We may collect nonpublic personal information about you from the following sources: â€¢ Information we receive from you. such as on applications or other forms. â€¢ Information about your transactions we secure from our files. or from our affiliates or others. â€¢ Information we receive from a consumer reporting agency. â€¢ Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice. no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have Joint marketing agreements: â€¢ Financial service providers such as companies engaged in banking, consumer finance, securities ancl insurance. â€¢ Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 42269 Stewart Title of Aspen, mc. Privacy Policy Notice Page I of ! ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Naiue: Dale/Park Avenue, LLC Location: Lot 3, Park/Dale Subdivision. Aspen, CO (See enclosed title commitment) (indicate street address. lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2/3/18133055 REPRESENTArrnfE: Name: Michael Fpigenhatim Address: Brandt Feigenbaum, PC, 132 Midland Ave, #4, Basalt, CO 81621 970-925-5196 Phone #: PROJECT: Nanie: Park/Dale Residenceâ‚¬, a Color'arin Common Tntprect Cnmmunity Address: 257 Park Ave & 1180 Dale Ave, Aspen, CO 81611 Phone #: 970-925-5196 TYPE oF APPLICATION: (please check all that apply): E Conditional Use U Conceptual PUD C Conceptual Historic Devt E Special Review U Final PUD (& PUD Amendment) U Final Historic Development Â£ Design Review Appeal 2 Conceptual SPA U Minor Historic Devt. E GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition E GMQS Exemption U Subdivision U Historic Designation U ESA - 8040 Greenline, Stream E Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, colidominiumization) Expansion Mountain View Plane Lot Split 2 Temporary Use D Other: Lot Line Adjustment E Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Plat of Park/Dale Subdivision recorded 8/13/03 in Plat Book 66 at Page 5 as Reception No. 486838; Subdivision Imorovements Aqt: See title commitment for more info. PROPOSAL: (description of proposed buildings, uses. modifications. etc.) Condominiumization of Lot 3, Park/Dale Subdivision, into two separate lots, pursuant City of Aspen Municipal Code and applicable Colorado statutes. Have you attached the following? FEES DUE: S 546 ill Pre-Application Conference Summary G Attachment #1. Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" r 11" must befolded and a floppy diskwith an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. U El CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and DALE/PARK AVENUE, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS; APPLICANT has submitted to CITY an application for (hereinafter THE PROJECT). 2. . APPLICANT understands and agrees that City of Aspen Ordinance No, 51 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of all the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals, APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to citable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of $546 which is for FLAT FEE hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT DALE/PARK AVENEJE, LOUP '53,0,~- By: Chris Bendon - - William Bgpllringer, Managing Paggeâ€¢/ Community Development Director Date: March 31,-2 C/o Shane Harvey Holland & Hart 600 E. Main Street Aspen, CO 81611 970-925-3476 Billing Address and Telephone Number: Required Bill Boehringer, Managing Partner Dale/Park Avenue, LLC 330 Park Avenue, Aspen, CO 81611 March 31,2005 Mr. James Lindt City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 Re: Lot 3 Park/Dale Subdivision Condominiumization Dear Mr. Lindt: Concerning the application for above referenced matter, the undersigned hereby authorizes Michael Feigenbaum and the law firm of Brandt+Feigenbaum, P.C., 132 Midland Avenue, Suite 4, Basalt, CO 81621 (Phone: 970.925.5196), to represent us and act on our behalf in this matter. DALE/PARK AVENUE LLC L_ Bill Boehr14er, KianagingPartner CC: Michael Feigenbaum, BRANDT+FEIGENBAUM, PC Shane Harvey, HOLLAND & HART ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Dale/Park Avenue, LLC Location: Lot 3, Park/Dale Subdivision. Aspen. CO (See enclosed title commitment) (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2/3/18133055 REPRESENTAI IVE: Name: Mirhapl Feigenhaum Address: Brandt Feigenbaum, PC, 132 Midland Ave, #4, Basalt, CO 81621 970-925-5196 Phone #: PROJECT: Name: Park/Dale Residencpo, a Cninrarln Common Tntprect Commi,nity Address: 257 Park Ave & 1180 Dale Ave, Aspen, CO 81611 Phone #: 970-925-5196 TYPE OF APPLICATION: (please check all that apply): El Conditional Use U Conceptual PUD U Conceptual Historic Devt. D Special Review U Final PUD (& PUD Amendment) U Final Historic Development Â£ Design Review Appeal 01 Conceptual SPA U Minor Historic Devt. 01 GMQS Allotment I) Final SPA (& SPA Amendment) U Historic Demolition 01 GMQS Exemption U Subdivision U Historic Designation U ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use E Other: Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Plat of Park/Dale Subdivision recorded 8/13/03 in Plat Book 66 at Page 5 as Reception No. 486838; Subdivision Imorovements Aqt; See title commitment for more info. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumization of Lot 3. Park/Dale Subdivision, into two separate lots, pursuant City of Aspen Municipal Code and applicable Colorado statutes. Have you attached the following? FEES DI TE: S 546 C31 Pre-Application Conference Summary 7 Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD mm CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and DALE/PARK AVENUE, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS; APPLICANT has submitted to CITY an application for (hereinafter THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No, 51 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of all the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals, APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to citable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of $546 which is for FLAT FEE hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT DALE/PARK AVENEJE, LIP 1.liv< 1.0~ 3 Chris Bendon William ByFIringer, Managing parlIle:/ Community Development Director Date: March31,-20 C/o Shane Harvey Holland & Hart 600 E. Main Street Aspen, CO 81611 970-925-3476 Billing Address and Telephone Number: Required RETAIN FOR PERMANENT RECORD 55 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 DATE: 3/31/05 PROJECT: Lot 3 Park/Dale Subdivision Condominiumization REPRESENTATIVE: Michael Feigenbaum OWNER: TYPE OF APPLICATION: 0 Step. Condominiumization DESCRIPTION: The Applicant would like to condominiumize the duplex that is nearing completion on Lot 3 of the Park-Dale Subdivision. Land Use Code Section(s) 26.480.090 Condominiumization Review by: Community Development Staff for appropriate plat contents and signatures on Plat. Public Hearing: No. Referral Agencies: Engineering. Planning Fees: $546 Flat Fee Total Deposit: $546 To apply, submit the following information: 1. Fee. 2. Proo f o f ownership or a letter of consent from the owner allowing for a condominiumization application to be sought. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. 24" x 36" draft condominium plat prepared by a professional surveyor licensed in the State of Colorado. 7. 2 Copies of entire application package (items 2-6 above). Review Process: Apply. Then the Community Development Staff and Engineer will review the proposed plat and return required corrections. Applicant's surveyor then will make corrections to plat and the Applicant will submit 2 mylar copies of the corrected plat to obtain signatures from the Community Development Director, Community Development Engineer, and the Pitkin County Clerk and Recorder prior to the plats recordation at the Pitkin County Clerk and Recorder's Office. Recordation fee of $11 for first page and $10 for each additional page to be recorded shall be submitted when mylar plats are submitted for signature. 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. ........ PLAT OF PARK/DALE RESIDENCES, a Colorado Common Interest Community CITY OF ASPEN, PITKIN COUNTY, COLORADO ~~~ AUGUST 13, 2003 \M PLAT BOOK 66 AT PAGE 5 AS RECEPT\ON NO. 486838 RD %1 '---\ LOCATION -1.....I= PROJECT \ 7( -16 1f CERTIFICATE OF OWNERSHIP AND DEDICATION EUEQRDiNAILQiDE-LENCER 1 0 1 =21|AVE. 1 5 that certain deed recorded September 23, 2003 as Reception No. 488776 ond 1 /d KNOW ALL MEN BY THESE PRESENTS that Dde/Pork Avenue, L.L.C., 0 Colorado Limited The undersigned lender does hereby grant its consent to the subdivision created Liability Company, being the sole owner of Lot 3, Park-Dole Subdivision, according to hereby and does subordinate their interest in the property subdivided as fully os 41'E. " 1 -~NhÂ· re-recorded October 7, 2003 as Reception No. 489425 in the office of the though the undersigned liens recorded in Book at Page , Clerk and Recorder of Pitkin County, Colorodo, does hereby certify thot this were recorded after this Plal of Park/Dole Residences and the Plat of Pork/Dole Residences hos been prepared pusuont to the purposes stated in the the Declaration of Pork/Dole Residences and any additional declaration to which the Declaront submits the property hereby subdivided. Declaration for Park/Dole Residences recorded simultaneously with this Plat of Park/Dde Residences in Book at Pages - in the office of the Clerk and Recorder of Pitkin County, Colorado. WestStar Bonk, VICINITY MAP By PROPERTY DESCRIPTION N.T.S LOT 3, PARK-DALE SUBDIVISION ACCORDING TO l'HE PLAT THEREOF RECORDED Title: LOT 2 FACE OF CONCRETE COUNTY OF PITKIN, WALL CLEAR OF STATE OF COLORADO. PARK-DALE SUBDIVISION 48" 0 PROPERTY LINE ACKNOWLEDGMENT OFLENDER DRY\NELL -NER State of Colorado ) Dole/Park Avenue, L.L.C., > SS. 48' 0 DRYWELL \ FEET 10 0 10 FEET a Colorado Limited Liability Company County of Pitkin ) ENCROACHES ON EAVES 3 TO LOT 2 (TYP.) b ~ lit,iltinl I The foregoing instrument wos acknowledged before me this 50.77' .\ 0\ GRAPHIC SCALE day of , A.D., 2005 by an authorized signatory N 79' 56' 00" E (R) (M) 104.01' (R) (M) LIGHT- t.ft WELL By Shane Harvey as Attorney-In-Fact, (for the purposes thereof) of WestStar Bank. for William Boehringer, Manager 4 1 1 inch = 10 ft. 53.24' ; 9 -1-1 15.7' 0 T - u\ 1 1 1 \L IN WITNESS WHEREOF, I hereunto offix my hand and official seal. 21.1' C \0\ CONCRETE 821(iLJU,QbAUC-fdi)/Fawil D 0% ) 0 11 WALL My commission expires: p = c\*--0, 0. 1 4 State of Colorado ) > SS. m -0- A ie m 1 1\ County of Pitkin ) _ 1 - CULVERT O 43.7' 00. 18 L.-,& Eli 9-41 The foregoing owner's certificate was acknowledged before me this day Notary Public 47.1 CONCRETE of April, 2005, by Shane Harvey os Attorney-In-Fact for William Boehringer, SECOND 9,7' 2 â‚¬ll WALL 5 5 Manager of Dole/Park Avenue, L.L.C., a Colorado Limited Liability Company, 9 4.3' LEVEL .-,1 1 7 as owner of Lot 3, Park-Dole Subdivision. 5.1'< 90 0 CD 04 1 1, S P IN WITNESS WHEREOF, I hereunto affix my hand and official seal. Hz RESIDENCE UNDER CONSTRUCTION ..,_ ~ \ â‚¬A My commission expires: I 0.9. i. e 16' 2 10.0' 3 Â£ c 11.2' M \ 1 11.1' Notary Public 28.6' \L--4 - 1 -1 L-- A \ COMMUNITY DFVFI OPMFNT DEPARTMENT APPROVAL. 43.7, // c 3.3, \...3 9 This Plat of Pork/Dole Residences wos approved by the + SECOND 5 //a 5 ~ City of Aspen Community Development Director on this ___ day of LEVEL UNIT 2 M //m. 0Â® 4.5' April, 2005. m 8.9, EXTENSION w m 3.1, CR 44,7' 00 0 3237 SQ.FT.* CONCRETE LA ge z SECOND N ~ LIGHT 09 g \ G 8 LEVEL tt ~ L EAVES (TYP.) WELLS A I Notes: ~8 0 3 - w Chris Bendon 4 Director 1. Notice: According to Colorado low you must commence any legal 5 79'57' 47" W 27.16' 5.9 ~ 4.0' M oction based upon any defect in this survey within three years 1.9 20 after you irst discover such defect. In no event may any action 0 4 COMMUNITY DFVF-1 OPMFNT ENGINEER APPROVAL based upon any detect in this survey be commenced more than ten 22.3, r EAVES 5763 SQ.FT.* years from the dote of the certification shown hereon. / (TYP.) COVERED 3 PORTION Or This Plat of Pork/Dole Residences was opproved by the 2 ENTRY \ DRAINAGE MPROVEMENTS City of Aspen Community Development Engineer on this day 2. Posted address: Address not posted. 8 n REC. NO. 506795 of April, 2005. 0 34.4' \-0 - ~ SECOND N N 1 3. Property description provided by Stewart Tilte of Aspen, Inc., 0 3 Order No. 42277 dated March 22, 2004 and research for eosements of record were provided by Stewart Tilte of Aspen, Inc., DRIVE~Y LEVEL k'. 5. \ 0Â«300 ba STPOCTURE UNDER CONS,ROCDON ;? -7' 60" 0 EXTENSION 1.5,\ Order No. 43600-C2 dated February 25, 2005. John Niewoehner L CONCRETE \ Community Development Engineer 4. BASIS OF BEARINGS The westerly line of Lot 3, monumented as DRYWELL EXISTING ~ shown hereon is assumed to have a bearing of N 03' 13' 00" W 000 ~ - 2 205, 1 with all other bearings shown hereon being relative thereto. Â¢33.27, e N - P\ This Plat as shown hereon was accepted for filing in the office of .he Clerk ond N 75.06'004 23.5, 11.6, \ ~ - SWALE 5. Plat Book, Book, Page and Reception No. references cited hereon ACCEPTANCE FOR RECORDING 4 - - 1 \ UNDER refer to documents recorded in the office of the Clerk and Recorder - 36.2, lbÂ·Â·Â· - ~~ ~ 0 CONSTRUCTION of Pitkin County, Colorado. EX/ST/NG ASPHALT 112.30' (R) ( W (R) (M) 6. This Plat of Park/Dole Residences is based on field survey data collected - -324 Recorder of Pitkin County, Colorado on the day 01 April, AD. 2005 45.2' -\ 5.0, FIRE and was duly filed in Plat Book at Page under December 12 through December 15, 2004. HYDRANT Reception Number CONCRETE 4 STEMWALL 0 BELOW GROUND ~ CONCRETE l 79.09' PARCEL 3A LIGHT REC. Ne. 499038 Clerk and Recorder WELL \ \ ILILE-CERILELCAIE Stewart Title of Aspen, Inc. does hereby certify that it has examined the title \ to 011 lands shown upon this Plat and that Dole/Park Avenue L.L.C., o Colorado Limited Liability Company is the owner in fee simple ond is free and clear of all liens ond encumbrances, except those listed below, subject to 011 matters disclosed in order No. 43600-C2 dated 2-25-05. ASPHALT DALE 6 = 114' 58' 27" 1, Jonathan M. Kobylarz, being a duly registered and licensed CURVE DATA (R) (M) (PUSUC AVENUE RIGHT- LEGEND - *My) R = 6.39' responsibility, supervision and checking and is true and correct op L = 12.82' Professional Land Surveyor in the State of Colorado, do hereby certify that this Plat shown hereon was prepared under my direct ~ FOUND NO. 5 REBAR AND ALUMINUM CAP CHORD BEARING = to the best of my knowledge and belief. This survey complies STAMPED L.S. 25954 with applicable sections of C.R.S. 38-51-101, et sqq. S 47' 25' 06" W Stewart Title of Aspen, Inc. CHORD DIST. = 10.78' Title Examiner - EXISTING EDGE OF ASPHALT IN WITNESS WHEREOF, I hereunto affix my hand and official seal ACKNOWLEDGMENT OF TITLE EXAMINER -O- EXISTING FENCE this day of April, A.D. 2005. State of Colorado ) > SS. (M) INDICATES FIELD MEASURED DISTANCE OR BEARING County of Pitkin ) This Title Certificate hereon was acknowledged before me this - day Jonathan M. Kobylarz, P.L.S. (R) INDICATES DIMENSION OF RECORD AS SHOWN ON THE of April 2005, by the above stated Title Examiner for Stewart Title of Aspen, Inc., Registration No. 25954 PLAT OF PARK-DALE SUBDIVISION an authorized signatory (for the purposes thereof). IN WITNESS WHEREOF, I hereunto affix my hand and official seal. L C E. LIMITED COMMON ELEMENT My commission expires: Notary Public DRAWN BY: DALE/PARK AVENUE, L.L.C. ASPEN, COLORADO SCALE: ~ JOB NO: DATE: J.M.K. JONATHAN M. KOBYLARZ, P.L. 1"=10' 3012-025 04-07-05 FIELD BY: h=-1 CONSULTING LAND SURVEYOR PLAT OF PARK/DALE RESIDENCES, SHEET NO: J.M.K./H.E.B. CHECKED BY: ~ ~ -- 4 P.O. BOX 40893, GRAND JUNCTION, CO 815(M ---~~~ a Colorado Common Interest Community 1 OF 1 J.M.K. CITY OF ASPEN, PITKIN COUNTY, COLORADO ~~ Ph/Fx: (970) 434-3109 - email: jmk_pls @ bresnan.net 0 0 - --.,Ill-'--~..-I.....I=.'.....-- - 0 0 0 - -rGU~VE. FENCE INDEPENDE CE UBDIVISION (BASIS OF BEARINGS) N 03' 13' 00Â» W (R) (M) 57.74' (R) (M) American Land Title Association Commitment- !982 TITLE INSURANCE COMMITMENT BY -stewart , title guaranty company Order Number: 42269 We agree to issue policy to you according to the terms of tlie Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown iii Schedule A. If the Requirements shown in this Commitment have not been met within siX months after the Commitment Date, our obligation under this Commitment will end. Also. our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. stewart L--â€¢ title guarantv companv >fli*- Oml# 1 L.fhuk, 1>11 109*0 #-- Chairman of tbo licard fil prosidont L ip.ytty''Ali 15,i 1908 200 1 L 04;00 Countersigned: 4,0 42-j L--â€¢ â€¢4' 1,>1 99 Authorized/Countersigpatme Ste\,11-1 Title oj Aspen. Inc. 620 East Hopkins i\venue Aspen. CO 81611 Order Number: 42269 Page I of 2 Commitment - 235 W/O Disclosure CONDITIONS 1. DEFIFITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that five constructive notice of matters affecting your title - according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in tile public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation ts to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error iIi this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown m Schedule B - Section I. or Elimmate with our written consent any Exceptions shown iii Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence. which you may have against us concerning tile title to tlie land must be based on this Commitment Order Number: 42269 Page 2 of2 Commitment - 235 W/O Disclosure COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: March 23.2005 at 7:30 a.iii. Order Number: 42269 2. Policy or Policies To Be Issued: ( X ) ALTA (1992) Owner's Policy Amount: TO BE DETERMINED ( 1 Standard (X) Extended Premium: Proposed Insured: To Be Determined C ) ALTA I 992 Loati Policy* Amount: ( ) Standard ( ) Exteiided Premium: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Dale/Park Avenue, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows. Lot 3, PARK-DALE SUBDIVISION, according to the Plat thereof recorded August 13, 2003 in Plat Book 66 at Page 5 as Reception No 486838. COUNTY OF PITKIN STATE OF COLORADO Statement of Charges Examiner Name: Tom Twitchell Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Reissue Rate Tax Certificate $ 20.00 Form 110.1 (Owners) $ 150.00 SCHEDULE B - Section 1 REQUIREMENTS Order Number: 42269 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Release of Deed of Trust Dated July 15. 2003,Executed by: Coast Pacific Asset Management, Inc., to the Public Trustee of Pitkin County, to secure an indebtedness in the amount 01$1,000,000.00, in favor of Jonathan H. Monkarsh. Recorded July 16.2003 as Reception No.485470. Subordination of Deed of Trust recorded March 22,2004 as Reception No. 495680. Loan Assumption Agreement recorded October 21, 2003 as Reception No. 490088 2. Release of Deed of Trust dated March 12.2004. executed by Dale/Park Avenue. LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County. to secure an indebtedness of $4.900.000.00. in favor of WestStar Bank, recorded March 22,2004 as Reception No. 495681. 3. Duly executed Indemnity Agreement by Date/Park Avenue, LLC. a Colorado limited liability company indemnifying Stewart Title of Aspen, Inc. against any and all loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title). 4, Duly executed affidavit by the chief executive officer or general partner of J.D. Black Construction, Inc. stating that: 1. They are the general contractor for all improvements constructed on the subject property. 2. All construction has been completed. 3. They have been paid iii full. 4. All subcontractors and/or any parties which provided lienable services or materials for said construction project have been paid. 5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 5, A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445 o f the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding oftax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title, 6. Indemnity and Affidavit as to Debts. Lens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen. Inc. 7 Deed from vested owner. vesting fee simple title in purchaser(s). 8. Evidence satisfactory to Stewart Title Guaranty Company. furnished by the Office of the Director of Finance. City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). SCHEDULE B - Section 2 EXCEPTIONS Order Number: 42269 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1, Rights or claiins of parties iii possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts iii boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are 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. Unpatented mining claims; reservations or exceptions in patents. or an act authorizing the issuance thereof. water rights, claims or title to water. 6. Ally and all unpaid taxes and assessments and any unredeemed tax sales. The effect ofinclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street Improvement area. 7, Right of way for ditches or canals constructed by the authority of the United States. as reserved in United States Patent recorded June 17. 1949 111 Book 175 at Page 246. 8. Any vein or [ode of quartz, or other rock ill place: bearing gold. silver, cirmabar. lead, tin, copper or other valuable deposits claimed or known to exist on March 23, 1885, as reserved by Patent recorded June 17, 1949 in Book 175 at Page 246. 9. Tenns. conditions. provisions and obligations as set forth In Ordinance No. 20 (Series of 2003) of the Aspen City Council, approving the subdivision of Lots 4A and 5A of the Independence No. 2 Subdivision recorded May 14,2003 as Reception No. 482692. 10. Terms, conditions. provisions and obligations as set forth in Right o f Way I mprovements Agreement recorded July 21. 2003 as Reception No. 485661 and re-recorded September 25, 2003 as Reception No. 488901. 11. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement for the Park-Dale Subdivision recorded August 13, 2003 as Reception No. 486837, 12. Easements, nghts of way and other matters as shown on the Plat of Park-Dale Subdivision recorded August 13. 2003 111 Plat Book 66 at Page 5 as Reception No 486838. Note: Ten foot aerial utility easement shown on above Plat was vacated through Abandonment of Easements recorded December 5,2003 as Reception No. 492090,492092 and 492094. 13. Terms, conditions, provisions and obligations as set forth in Ordinance No. 011-2004 of the Board of County Commissioners of Pitkin County, Colorado recorded June 25, 2004 as Reception No. 499038. 14. Terms, conditions, provisions, obligations and easements as set forth in Drainage Improvements Easement and Cost Sharing Declaration recorded February 7, 2005 as Reception No. 506795. NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms. conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms. conditions and exclusions, will be made available upon request. DISCLOSURES Pursuant to C.R.S. 10-1 1-122. notice is hereby given that: A, The subject real property may be located m a Special Taxing District; B, A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or tile County Treasurer's authorized agent: C. Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder. or the County Assessor. Note: Colorado Division of Insurance Regulations 3-5-1. Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever tile title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transactioii and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on tile Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B. Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A ofthis commitment must be a single family residence. which includes a condomInium or townhouse unit. B, No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. Tlie Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialinen's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction. improvements or major repairs undertaken on the property to be purchased. within six months prior to tlie Date of Commitment. the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller. the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and. any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which tile insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVE:RAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFLED. File Number: 42269 Stewart Title of Aspen. Inc, Disclosures Page [ of I PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V oftize Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution. directly or through its affiliates, from sharing nonpublic personal Information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices. such as tlie type of information tliat it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document which notifies you of tile privacy policies and practices of Stewart Title of Aspen, Inc. and Stewart Title Guaranty Company We may collect nonpublic personal information about you from the following sources: â€¢ Information we receive from you. such as on applications or other forms. â€¢ Information about your transactions we secure from our files. or from our affiliates or others. â€¢ Information we receive from a consumer reporting agency. â€¢ Information that we receive froni others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice. no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to lionaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: â€¢ Financial service providers such as companies engaged in banking, consumer finance, sectintles and insurance. â€¢ Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards tliat comply with federal regulations to guard your nonpublic personal information. File Number: 42269 Stewart Title of Aspen, inc. Privacy Policy Notice Page I of I