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HomeMy WebLinkAboutcoa.lu.ec.Kessler Condominiumization .""" ~ -., .- MEMORANDUM FROM: Stan Clauson, Community Development Director Julie Ann Woods, Deputy Director r Mitch Haas, Planner4-&:' Kessler Condominiums, Insubstantial Plat Amendment TO: THRU: RE: DATE: July 29, 1997 On behalf of the Kessler Condominium' Association, Mark Kwiecienski has applied for an insubstantial plat amendment for the Kessler Condominiums, which are located at 950 and 960 East Durant Avenue. In 1995, the applicant applied for and was granted a building permit (permit #5-466) to make various improvements on the subject property. The construction commenced in October of 1995 and was completed in June of 1996. Due to the changes that were made, the plat currently on file with the City is inaccurate. This amendment is being requested in order to reflect the changes that were approved and constructed. The applicant is now in the process of selling one or several of the units on the property and wants to make sure the legal record accurately reflects the actual property. The application was referred to the Engineering Department, who examined the proposed plat and found it to be. acceptable as submitted. The application is consistent with an insubstantial amendment to a subdivision order, pursuant to Section 26.88.060, and there are no other land use issues involved. Staff recommends that the Community Development Director approve this insubstantial amendment with the condition that the applicant submit two (2) signed mylars and a recording fee of eleven dollars ($11) to the City Engineering Department. APPRO\fE.O APPROVED: ~ JUL291l91 . . . m~~OO - -~ -"~~ Stan Clauson, Community Development Director ..-... ~ Chuck Roth, 11:03 ~" 7/28/97 , Kessler Condo X-Sender: chuckr@comdev.ci.aspen.co.us Date: Mon, 28 Jul 1997 11:03:26 -0600 To: mitchh@ci.aspen.co.us From: Chuck Roth <chuckr@ci.aspen.co.us> Subject: Kessler Condo I have examined proposed plat amendment. It is acceptable as submitted. We need 2 mylars and recording fee of $11. Is proposed amendment acceptable to you? Shall I call Mark or you?? Ipr1nted tor M1tch Haas <m1tchh@c1.aspen.co.us> 1 .' ~} 2} -. :rAND~F<H! ,t""'\ a.7j7-,g~-3Lj-;)'o3 P.roject Nama Kp.c:c:. \t.Y (' F)f\(')("JM~V\\d M C, Pl:cject ~ticn-35() + erG!) E. 1'JJa~A-t . Ac:.~f'./l I (,0 9{0C( .' (;m;..m;e ...t....d...d:h. -, lot: Ii: hl",y ,.~, ~~ 'oltIeI:e GJ:'1o'L..."...lat:e) p.&. S ,1:1.ariD;r ~ 4) IDt: size IO,Q.3Z- , ar;pH----'SName,.lll:l:h. r.'Clh......#_~ess.\e.r' (,...,AdCiVV\:ll'IilJIM h~"C\.-/-,OV1 9 66 r;.' /) I)ra. A-+ .=# :7J) A&f' e, /l ('j) f." ItO J I Rq,... ,. .1 ~I ;;ye'S Name, .lll:l:h. Ii: l'bale # M rk T lA. /(' w" PI.; p, A t:: ~ ; ..35"n r:;. btJrro..l'tl -:!:l: .[ . Type of AJ;:pl..icaticn (pJ ---- .:bedt.all that lIRllY): 3) S) 6) 7) _ O:n:ll..H,..",l Use _ Q..a~Ulal SPA _ Q..a&oq,lWal Historic Dev'. . _ Final lJistcric Dev'. _ KiD:lr ~...c Dev'. _ ~"l 1leYiew _ Fjnal SPA 8040 GteeDline _ n..... -""LJa.l. 1tJD 5..... ..........;~ - ~ .-~... _ Fjnal 1'OD _ Hist:cric nonnl ;:t:ia1 1f"'oI1nI-;o;n View Plane Sl~;v.isi.a1- - . - _ Rh.'".....;.:! Designa.tial _ - .J--Z_,',-.:___.:_ ""-""~ .. ,. .... .........~.II__~itOIQ.~.I. ~ ~~ .....--. -II- _ GKJ; AllcbDent _ GKJ; Exalpticn _ IDt: Spli1;/IDt LiIle ~ tl\0Vb. ~.\- ~ Adju",L..=Jt 8) Desr:ipt:icn of Ex:ist::iD;; Uses (,..~ and type of e:x:i.stm:J sb:ucb1J:es: apprcximt:e sq. ft.: 1"'- of 1:l.:dL.......: any pmvi.c:ms appr:cvals granted to the p:t:perty) . s'el' 'Rlli\diV\j ?erMi-k ::t:ts 5-fl.~t, . . 9) . . 1 I ~~H~_ Desc:C.pt:ial of De!\.- -1. ,- " ~- . .s,.,.l> ]<u;\;i:1 t:>er'VVI<-r:; ...frX'n o:t:t.s, ~O) Have :yen ~ the foll.cwin1? . _ -~.:nse to A'l""':' ,I:. 2, Hini:a:aIl9.......;~.......Qmtents _ - I- 'aa 1:0 .Af ( _I .t,. 3, ~.p;~ ~""';ad';" ~--.I~A... F yllJSe to Ail- J..-.L 4, awi.ew SI~..1...,:s far YaIr AI;:p1.i.c::at:. ''''~:'-:"".,;;--:.~,i\!.~~''''";,);\€':)~';~:.''\~;'::'''''-?';~:'"'::'''':::~Y'~.::''::',~,?' ;"'~:C;~:-:"~"":":';:;;~';ilF'iF~,~;t~,\jJ:;1ff;.r~':';tt/.:-::~ "Y':_'~'>'.."(;;'0:;:S,:-:i,r:if~w;~S:;::";~\~';:S::;:,-;;:: ;:~\T:;"~:.\'.:n~.",'~~';;';"","~"<,':'r,~~.~<4'irt'Z;.~.j~V;lf,Jf1f,.;";::.Vl~.).,;;l'C:.?;" ...-., .~ Kessler Condominium Association %0 East Durant St. #5 Aspen, CO 81611 July 1, 1997 To: AspenlPitkin Community Development From: Jay L~er, President: Kessler Condominium Association To whom it may concern: 1) Mark Kwiecienski is authorized to act on behalf of the Kessler Condominium Association in the filing of materials associated with the plat ammendment. His address is 950 E. Durant #1 Aspen, CO 81611. Phone 920-3572. 2) Kessler Condominiums are located on 950 and 960 East Durant, Aspen, CO. The legal description is: The Kessler Condominiums, City of Aspen, Pitkin County, Colorado as shown on the condominium Map therefor recorded in Plat Book 15 at page 67. The development has been completed according to building permit # 5-466, The construction period commenced 10/95 and was completed approximately 6/96. 3) See attached title policy 4) See Attached map 5) Plat amendment is needed to reflect the development which occurred pursuant to building permit #5-466. Thank you for you help. '.. ~...... ' ,.,1 ('\ ,.-., LAND TITLE GUARANTEE COMPANY ,'- .s C U S TOM E R D 1ST RIB UTI 0 N July 15, 1997 Our Order No.: Q371750 Property Address; KESSLER CONDOMINIUMS MARK KWIECIENSKI ----C/O ASPEN CLUB PROPERTIES 730 E. DURANT ASPEN, CO 81611 Attn: 970 920-2000 Copies; 2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurallce, as identified in Schedule A, in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor: all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. ThisCommitmem shall be effective only when the identitY of the proposed Insured 8rJd the amount of the policy or policies commined for have been inserted in Schedule A hereof by the Company, either at the '[ime of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary 10 the issuance of such policy or policies of litle insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided thaI the failure 10 issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mol1gage", when used herein, shall include deed of trust trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matler affecting the estate or interest or mOl1gage thereon covered by this Commitment other than those shown in Schedule B hereof. and shall fail to disclose such knowledge to the Company in writing, lhe Company shall be relieved from liabililY for any loss or damage resulting from any act of reliance hereon 10 lhe extentlhe Company is prejudiced by failure of the proposed Insured to so disclose such krlOwledge. If the proposed Insured shall disclose such knowledge 10 the CompallY, or if the CompallY otherwise acquires aelUal knowledge of allY such defect liell, encumbrance, adverse claim or other matter, the CompallY at its optioll may amelld Schedule B of lhis Commitment accordingly, but such amendment shall not relieve the Company from liability previOUSly incurred pursuant to paragraph 3 of these Conditions alld Stipulations. 3. Liability of Ihe Company under this Commitment shall be only to the Ilamed proposed Illsured and such parties included under the definition of Insured in the form of policy or policies committed for and only for acwalloss incurred in reliance hereon in undenaking in good faith (a) 10 comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) 10 acquire or create the estate or interest or mortgage thereon covered by this Commitment. III no event shall such liability exceed the amount staled in Schedule A for the policy or pOlicies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies commined for in favor of the proposed Insured which are hereby incorporated by referellce and made a part of this Commitmelll except as expressly modified herein. 4. Any action or actions or rights of action that Ihe proposed Insured may have or may bring against the Company arising ou! of the status of the litle to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ...** * h\... i'* i' 'ft .. .. *...** STANDARD EXCEPTIONS III addition to the malters comained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to Ihe following; 1. Rights or claims of parties in possession no! showll by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicls in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of Ihe premises would disclose alld which are not shown by the public records. 4. Any lien, or right 10 a lien, for services, labor or material theretofore or hereafter furnished, imposed by law alld not shown by the public records. 5. Defecls, liens, encumbrances, adverse claims orolhermatters, if ally, created, first appearing in the publiC records or anaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estale or illterest or mortgage thereon covered by Ihis Commitment. IN WITNESS WHEREOF, Old RepubliC National Tille Insurance Company has caused its corporate name and seal 10 be hereunto affixed by its duly authorized officers 011 the dale shown in Schedule A, to be valid when countersigned by a validalillg officer or other authorized signatory. /lJ~ AutHQflied Signatory ORTForm 2582 OLD REPUBLIC NATIONAL TiTlE INSURANCE COMPANY A Slock Company 400 Second Avenue SOutH, Minneapolis, Minnesota 55401 (612) 371-1111 By Presldem Attest ;+;~~;~.'"1 /' ~<~~, .., 7 Secretary L068-11>0 (808) XV, / 6S68',,0 (808) ~OS ~e08 'UOl1.ounr pueJ8 OG~a\!ns "\S l.\tS"N Sc:c: NOIJ.ONnr ONVll9 6S06-L1'0 (808) XV~ 09SS- L'o (808) ~08~9 08 'o6ueJnO u!eV\l ~~Z~ 09NVllna 0680-090 (808) XV, / 8SS ~-090 (808) 98'\708 0:) 'Uall!G S e~!ns ,.~S u!ejIV 98 ~ 89<::'\7 xoS 'OC! HONVllS NOll'a ",09-8SI' (808) XV, / SSo<-8S' (808) vC:vQS 0::> 'a6ppue>paJ8 a6p!H 4lJON DOC: 09C:Z xOS '00 390111N3>t0311S SJ.N39V .r--.. '8S'-9LI' (808) XV, / ~So<-9L' (808) 899 ~8 00 'l!eA L98 xoS 'OCl SOC: 8l!ns "M 'Pl::l a6elUOJ.:l 'S 90 ~ 1'V^ <~Ok,"S XV, /006H'S t8~08 00 'JEl)jJed O~~ 81!ns "Pl::l J8)jJEd"S ~vS<H 113>tllVd MlL'-S'6 (808) XV, o ~9<'S'6 (808) G09~S 0:::> 's6updS POOMU618 GO~G xos 'OC:! GO ~al!ns '"SAIr:/ opeJOlo:) L ~B S9N'lldS aOOMN319 06 ~8-'89 (6 ~L) XV, 8~,"-S6S "'.JIG / ~<S'-1'88 (6~L) 80608 00 's6u!.ldS OpeJOIOO 00 ~ 8l!nS 'uo[a.l 'S GO ~ S9NllldS OOVllOl00 81'~0-SS9 XV, / 8989-8S9 to ~09 0::> '>\OOl::l 81tSB:) XOOI1M G~S >tOOll 31J.SVO 8~6NI1> XV, / ~0~"l'l'1' ;;::0808 00 'JSPln08 o ~ ~ al!ns "~PAlS UO^ueO 9ZVZ 11301noS GOt-Q-StS XV.::! / L88C:.'\769 LSG'OB 00 'J8AUaa OSe: 81!ns 'allwaSOA 'S 0098 3J.'W3S0A BL9L-9Z6/ro€ LL9L90ClVl:lO'OO 'N3dSV ZOl3mS SNDldOH 1M W; AN'1dVlOO 331N'1Il'1n!l 311U ON'11 :)0 aaWD aql q6noJql panSSI amSUI 01 ~uaw~!wwoO .r--. '1:88-0S6 xv, / OSSS-SS6 ~8G'OB DO 'POOM8'}jEl 9~ ~ a~!ns '4~JOMSpeM'S 6098 J.S3MHJ.nOS US ~ -08' XV~ / 8586- L<I' 08008 DO 'Jalsu!W~SaM 00 ~ st!nS 'UBlJeH ~o ~6 HJ.llON <S<0-~99 (808) XV~ / L8<0-~99 (808) aDOS 00 'eIl1AS!nOl .~S I..JJ84:::> "M 069 311'^S'nOl 9S61:-88< XV, / ~ ~ ~N80 9 ~G08 00 'POOMa)jEl DOt: e~\ns 'Bulld!>1 0 ~L NOSIl3~,3r 88~9-698 XV, /8<0.-OSL ~t:GOB 00 'J8AUaa OO~ 6tlnS 'uapdweH '3 ~GaB N30dWlfH ZS9NS< (808) XV, / 6'98-08< (808) SG'90B 00 'sumo:) 'l;:l JieM)jJEd )l;:lr 0098 SNI1100 'J.,j 9<SHLL XV, / 68S"~LL ~ ~ ~09 0::::> 'POOM8[6u3 . 80 ~ Sl!ng uasJE) S.J8IPP1.::1 'S 00'\79 N33119 S1l31aOl~ A.NVdVIIO~ 331.NVl::IVn8 3'J.1.L. ON'" ~ 0'06-06< XV, / 96S6-0LL ~ ~ ~09 0:) 'POOM81!5u3 00 ~ 6tlns 'I..EM aSnOEJAS 'OS ~ t09 aOOM319N3 6990-SI'L XV, / 988"~SL t~008 00 'elOJn\" 90l Sl!ns "PH J8'>tJBd 'S 0088 J.Slf3 G09S-t6L xv;:! / LOB9-t6L DC: ~09 00 'UOl8IU!l 068 sl!ns 8\OJ!:) >jaeJ:) AlO 'M 9;:: >t33110 Alla 8'<9-5<6 (808) XV, / SL9 ~ -S06 (808) ll9~9 08 'uads\f "6PIS eZBld uads\f GOl sl!nS 'su!>tdOH '3 889 N3dSV S98 ~ -81:. XV, / ,"<0-0<. ZOODS 00 'epeAN DOG' a~!ns 'peol:i PJEM 017P9 VGIf^1l1f '~S8-0'L XV, / 86<9-0'L G ~ we 00 'pOOM816u3 09 ~ 8\!ns "PH aOlj'edeN '3 DOLL 30HlfdVlllf 809L-o<8 XV, / 08S~-~08 Ll<::OB 0:) '.J8AUaa OPtS xOS 'O'd 90Z09 00 'J8AUSO 009 s~\ns '"SN'iJ lSJ!=' lse3 8808 30'~~O 3WOH >/-';:*;;'1111 3i:ran":IaltCirJo: ~ :, *.;: >/- tdl r" .'1 A L T A C 0 MM I T MEN T SCHEDULE A Our Order # Q371750 For Information Only KESSLER CONDOMINIUMS - Charges - TBD Commitment - - TOTAL - - $250.00 $250.00 ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO.**** Q371750.**** 1. Effective Date: July 03, 1997 at 5:00 P.M. 2. "TBD" Commitment Proposed Insured: AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO 5. The land referred to in this Commitment is described as follows: UNITS 1, 2, 3, 4, 5, 6, 7, AND 8, KESSLER CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY,COLORADO, AS SHOWN ON THE CONDOMINIUM MAP THERFOR RECORDED IN PLAT BOOK 15 AT PAGE 67, AND SUBJECT TO THE TERMS, CONDITIONS AND OBLIGATIONS OF THE CONDOMINIUM DECLARATION THEREFOR RECORDED IN BOOK 456 AT PAGE 745, AND ~~ENDMENT THERETO RECORDED IN BOOK 580 AT PAGE 779, AND AMENDMENT THERETO RECORDED JUNE 30, 1995 IN BOOK 785 AT PAGE 409. PAGE 1 "....." A L T A ~ COM M I T MEN T SCHEDULE B-1 (Requirements) Our Order # Q371750 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM, EXCEPT THAT, THE REQUIREMENT FOR THE TOP MARGIN SHALL NOT APPLY TO DOCUMENTS USING FORMS ON WHICH SPACE IS PROVIDED FOR RECORDING OR FILING INFORMATION AT THE TOP MARGIN OF THE DOCUMENT. PAGE 2 .",......., A L l' A ",......., COM M I T MEN T SCHEDULE B-2 (Exceptions) Our Order # Q371750 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. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. 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. 10. RESERVATIONS AND RESTRICTIONS AS CONTAINED IN DEED RECORDED JUNE 13, 1888 IN BOOK 59 AT PAGE 445 WHICH PROVIDE, "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER, OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS." 11. ANY AND ALL RIGHT, TITLE AND/OR INTEREST IN AND TO ANY PORTION OTHER THAN THE SURFACE OF THOSE TRACTS OF LAND DESCRIBED IN DEEDS RECORDED APRIL 18, 1890 IN BOOK 90 AT PAGE 111 AND RECORDED AUGUST 27, 1892 IN BOOK 90 AT PAGE 176, WHICH DEEDS CONVEY THE SURFACE ESTATE ONLY. 12. EASEMENTS FOR UTILITY PURPOSES RESERVED IN ORDINANCE NO.2 (SERIES OF 1958), AN ORDINANCE VACATING A pORTION OF CLEVELAND STREET, RECORDED APRIL 8, 1958 IN BOOK 183 AT PAGE 379. 13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED December 02, 1983, IN BOOK 456 AT PAGE 739. 14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN ENCROACHMENT LICENSE AGREEMENT RECORDED DECEMBER 2, 1983 IN BOOK 456 AT PAGE 742. 15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN EXCEPTION FROM THE FULL SUBDIVISION PROCESS RECORDED DECEMBER 2, 1983 IN BOOK 456 AT PAGE 737. 16. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BuRDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED December 02, 1983, IN BOOK 456 AT PAGE 745 AND AS AMENDED IN INSTRUMENT RECORDED December 13, 1988, IN BOOK 580 AT PAGE 779 AND AS AMENDED IN INSTRUMENT RECORDED June 30, 1995, IN BOOK 785 AT PAGE 409. PAGE 3 ~, ~ . A L T A COM M I T MEN T SCHEDULE B-2 (Exceptions) Our Order # 0371750 17. EASEMENTS, RIGHTS OF WAY, ENCROACHMENTS AND OTHER MATTERS AS SET FORTH ON THE CONDOMINIUM MAP OF KESSLER CONDOMINIUMs RECORDED DECEMBER 2, 1983 IN PLAT BOOK 15 AT PAGE 67. 18. TERMS, CONDITIONS AND PROVISIONS OF MINUTES.OF THE MEETING OF THE BOARD OF DIRECTORS OF KESSLER CONDOMINIUM ASSOCIATION, INC., OF AUGUST 29, 1995 RECORDED November 21, 1995 IN BOOK 800 AT PAGE 319. 19. TERMS, CONDITIONS AND PROVISIONS OF UNANIMOUS WRITTEN CONSENT IN LIEU OF A MEETING OF THE BORAD OF DIRECTORS, KESSLER CONDOMINIUM ASSOCIATION, INC., RECORDED June 27, 1996 UNDER RECEPTION NO. 394155. NOTE: THE FOLLOWING EXCEPTIONS EFFECT UNIT 1. 20. DEED OF TRUST DATED June 26, 1996, FROM MARK KWIECIENSKI TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF PHH MORTGAGE SERVICES CORPORATION TO SECURE THE SUM OF $255,000.00 RECORDED' July 02, 1996, UNDER RECEPTION NO. 394359. 21. DEED OF TRUST DATED March 24, 1997, FROM MARK KWIECIENSKI TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF LILLIAN LAUER TO SECURE THE SUM OF $70,000.00 RECORDED March 24, 1997, UNDER RECEPTION NO. 402759. 22. FINANCING STATEMENT WITH LILIAN LAUER, THE SECURED PARTY, RECORDED March 24, 1997, UNDER RECEPTION NO. 402760 AND UNDER RECEPTION NO. 402761. NOTE: THE FOLLOWING EXCEPTIONS EFFECT UNIT 3. 23. DEED OF TRUST DATED December 15, 1995, FROM ANTHONY M. DILUCIA, JR., TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF NORWEST MORTGAGE, INC., TO SECURE THE SUM OF $241,300.00 RECORDED December 18, 1995, IN BOOK 802 AT PAGE 618 UNDER RECEPTION NO. 388382. NOTE: THE FOLLOWING EXCEPTIONS EFFECT UNIT 5. 24. DEED OF TRUST DATED June 19, 1996, FROM JAY R. LERNER AND BOBETTE S. LERNER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF FIRST WESTROADS BANK, INC., TO SECURE THE SUM OF $400,000.00 RECORDED June 27, 1996, UNDER RECEPTION NO. 394168. NOTE: THE FOLLOWING EXCEPTIONS EFFECT UNIT 7. 25. DEED OF TRUST DATED December 22, 1995, FROM JALEH WHITE TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF PITKIN COUNTY BANK & TRUST COMPANY TO SECURE THE SUM OF $240,000.00 RECORDED January 03, 1996, UNDER RECEPTION NO. 388806. PAGE 4 ."........, A L '1' A /~ , COM M I T MEN T SCHEDULE B-2 (Exceptions) Our Order # Q371750 NOTE: THE FOLLOWING EXCEPTIONS EFFECT UNIT 8. 26. DEED OF TRUST DATED December 19, 1995, FROM WENDY WILLMANN WEAVER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CHERRY CREEK MORTGAGE CO., INC., TO SECURE THE SUM OF $90,000.00 RECORDED December 27, 1995, IN BOOK 803 AT PAGE 129 UNDER RECEPTION NO. 388576. SAID DEED OF TRUST WAS ASSIGNED TO FLEET MORTGAGE CORP., IN ASSIGNMENT RECORDED January 16, 1996, UNDER RECEPTION NO. 389179. PAGE 5 ~ .-. EXHIBIT "A" MARK KWIECIENSKI, AS TO UNIT 1 CAROL A. BAYLEY, AS TO UNIT 2 ANTHONY M. KILUCIA, JR., AS TO UNIT 3 SWEET DARLING SALES, INC., A CALIFORNIA CORPORATION, AS TO UNIT 4 JAY R. LERNER AND BOBETTE S. LERNER, AS TO UNIT 5 STEPHAN L. COHEN, AS TRUSTEE OF THE STEPHAN L. COHEN DEFINED BENEFIT PLAN UNDER THE AGREEMENT DATED JANUARY 1, 1985, AS TO UNIT 6 JALEH WHITE, AS TO UNIT 7 WENDY WILLMANN WEAVER, AS TO UNIT 8 , . ,-,., .. ~ GUARANTEE LAN D TITLE COMPANY DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent.