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Home My WebLink Aboutcoa.lu.co.Francis Street Townhomes 901 W Francis St.A49-88Francis Street Town- 2735-123-03-002 Homes Condominiumization 49A-88 r� ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION City FEES 735'_/,23� 3 't1 00113 - 63721 47331 GMP/CONCEPTUAL - 63722 47332 GMP/PRELIMINARY - 63723 47333 GMP/FINAL - 63724 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIMINARY - 63726 - 47343 SUB/FINAL - 63727 - 47350 ALL 2-STEP APPLICATIONS - 63728 - 47360 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 47380 ENVIRONMENTAL HEALTH 00123 - 63730 47380 HOUSING 00115 - 63730 -47380 ENGINEERING �C SUB -TOTAL = C County 00113 - 63711 - 47431 GMP/GENERAL - 63712 - 47432 GMP/DETAILED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS / CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47480 ENVIRONMENTAL HEALTH 00123 - 63730 -47480 HOUSING 00113 - 63731 -47480 ENVIRONMENTAL COORD 00113 - 63732 - 47480 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 09000 COUNTY CODE - 63062 09000 COMP. PLAN - 63066 09000 COPY FEES - 63069 09000 OTHER SUB -TOTAL l.0. TOTAL Name: Phone: y — - > > Address: ^ — e� S Projeccu �� / n,t oa rK Check # 5 _ Date: ` L Additional Billing: _ _ # of Hours: 0 6 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9 8 88 DATE COMPLETE: 9 INIFF PARCEL ID AND CASE NO. 2735-123-03-002 49A-88 STAFF MEMBER: C PROJECT NAME: Francis Street Townhomes Condominiumization Project Address: 901/911 W. Francis Street Legal Address: Block 4, Lots G, H & I APPLICANT: Aspen Real Estate Development Company Applicant Address: P. O. Box 3126, Aspen REPRESENTATIVE: Steve & Frank Goldsmith, Aspen Real Estate Development Company Representative Address/Phone:_P. O. Box 3126, Aspen, CO 5-5251 --------------------------------------------------------------- --------------------------------------------------------------- PAID: YES NO AMOUNT: $760.00 TYPE OF APPLICATION: 1 STEP: y 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date j i ,PUBLIC HEARING: YES (__NO_ VESTED RIGHTS: YES (:NO:D Planning Director Approval: Paid: _ Insubstantial Amendment or Exemption: Date: _ REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. Mtn. Bell _ Parks Dept. _ Holy Cross - Fire Marshall _ Roaring Fork _ Roaring Fork _ Energy Center DATE REFERRED: a INITIALS: School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Building Inspector Other ------------------------------------------------------------- FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: Recorded at o'clock 4W M., BOOK *5 mo- K Reception No. Recorder. WARRANTY DEED r}? THIS DEED, Made this 26t-h day of Clay , 19 88 3 0 0 7 6 6 between t i tr> CMRGE A. WESTER SALVIA DAVIS of the City and R:ITKIN C?.ITY RECORDER County of Denver State of Colorado, granuxt_j and FRANK GOIDSMTrH and STEPHEN E. GOIDSMITH JUN 2 1212 PH '39 whose legal address is P.O. Box 3126, Aspen, Colorado 81612 s rs of the County of Pitkin State of Colorado, grantee(s): I i WITNFSSETH, That the grantor(), for and in consideration of the sum of TWU HUNDRED AND FORTY—FIVE THOUSAND ($245 , OOO.00 )---- —------- —------- ------- —----- —--- ----- —------ -- DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey, and confirm, unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin State of Colorado, described as follows: Lots C-1, H and I, Block 4, City and Townsite of Aspen, According to the Plat thereof recorded in Plat Book 20 at Page 46, County of Pitkin, State of Colorado, STATE DOCUMENTARY FED C6 ` JUN 21988 also known by street and number as: t0 be detennirled.'�.._.r TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and j reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(o, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(, for him sel f , his heirs and personal representatives, do es covenant, grant, bargain, and I agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, ha S good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature sower, except general taxes and assessments for the year 1988 and subsequent years, and subject to easements, apparent or of record and those items shown on l Exhibit "A" attached hereto and incorporated herein by reference. i I The grantor(/) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the i grantee(s), their his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor(/) ha S executed this deed on the date set forth above. MOR A. WESTER I � STATE OF COLORADO ~ • • ,•• L SS. , County of Arapahoe 1'he o g ing strument was acknowledged before me this 26th day of May 19 88 '+ f6Y� � ,14:, Wester. V140itiuEsion-iC pires 10-26-1990. Witness my hand and ial seal. .DW&wds*n Oct 16,1990 1�bi The QUKhK 5"OTC Pbry, SU te800 „tar, Engbwood Cobndo 80111 •If in Denver, insert "City and" . r. No. 932. Rev.3-85. WARRANTY DEED (For Pholograph4 Record) Bradford Publishing, 5825 W. 6th Ave., Lakewood. CO 80214 — (303) 233-6900 5-86 6 BOOK 565 PAGE 488 EXHIBIT "A" to Warranty Deed dated June 1, 1988 by and between GEORGE A. WESTER (Seller) and FRANK GOLDSMITH and STEPHEN E. GOLDSMITH (Purchasers) Conveyance is subject to: 1. Reservations and exceptions as contained in Deed from the City of Aspen recorded in Book 59 at Page 294 as follows: "Provided 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." 2. Encroachment of fencing as shown on Plat of subject property recorded in Plat Book 20 at Page 46. 3. Terms, conditions, obligations and provisions of Declarations of Covenants, Restrictions and conditions as set forth in instrument recorded January 6, 1988 in Book 554 at Page 486. wesasp.exha(JJS/gl):5/25/88 �_I Recorded at o'clock M., Reception No— • RooX �� Re e . PAGE 1 81 THiS DEED Made this 27th day of JULY 2ESyOI2 3 FYI I ER'S % S AMi' 19 88between FRANK GOLDSMITH and STEPHEN E. GOLDSMITH of the County of Pitkin and State of Colo- S I LVIA ;)AV I S rado, of the first part, and ASPEN REAL ESTATE DEVELOPMENT P IT K I N C id T Y R E C 0 R D E R COMPANY • a corporation organized and existing under and by virtue of the laws of the State of Colorado JUL �� I O 01� �� of the second part: whose legal address is P.O. Box 3126 •t Aspen,Co. 81612 WiTNF.SSETH, That the said partieS of the first part, for and in consideration of the sum of ------------------ TEN($10.00)-----------------------------------------DOLLARS to the said parties of the first part in hand paid by the said party of the second part, the receipt whereof i5 hereby confessed and acknowledged, havegranted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit: Lots G-1, H and I, Block 4, City and Townsite of Aspen, According to the Plat thereof recorded in Plat Book 20 at Page 46, County of Pitkin, State of Colorado, f. 2 91983 L also known as street and number to be determined TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE. AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, its successor and assigns forever. And the said part ies of the first part, for them selves heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the enscaling and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are flee and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature i soever, except: general taxes and assessments for the year 1988 and subsequent years, and subject to ts,apparent or of record and those items Shown= Exhibit "A" attached hereto and incorporated ' !I ,rein by reference. i and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successor and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said pardeSof the first part shall and will WARRANTAND FOREVER DEFEND. iN WiTNESS WHEREOF, The said part ieS of the first part have hereunto set their hand s and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of c- ce [SEAL] F N c or_os-, [SEAL] [SEAL] STATE OF COLORADO, s s. County of _P"k-6h The foregoing instrument w�"as acknowledged before me this 19 , by �--fa icy—G60-S reel `U ^tiOl S �eQ�QM E �'rA it rnn My commission expires Ia /a 1 WITNESS my hand and official seal. a day of yr A to No. 952. WARRANTY DEED TO CORPORATION —For Photographic Record. —01978 Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (573.5011) 5-79 cooK 559 PAGE782 EXHIBIT "A" to Warranty Deed dated July 27,1988 by and between FRANK GOLDSMITH and STEPHEN E. GOLDSMITH (Sellers) and ASPEN REAL ESTATE DEVELOPMENT COMPANY (Purchaser) Conveyance is subject to: 1. Reservations and exceptions as contained in Deed from the City of Aspen recorded in Book 59 at Page 294 as follows: "Provided that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or�Ito any valid mining claim or possession held under existing laws." 2. Encroachment of fencing as shown on Plat of subject property recorded in Plat Book 20 at Page 46• 3. Terms, conditions, obligations and provisions of Declarations of Covenants, Restrictions and conditions as set forth in instrument recorded January 6,1988 in Book 554 at Page 486. E • BANNER DRAINAGE ANALYSIS GOLDSMITH DUPLEX August 12, 1988 BANNER ASSOCIATES. INC. BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS CONSULTING ENGINEERS & ARCHITECTS SUITE 6, 605 EAST MAIN 2777 CROSSROADS BOULEVARD ASPEN, COLORADO 81611 •• (303) 925-5857 GRAND JUNCTION, CO 81506 • (303) 243-2242 GOLDSMITH DUPLEX LOTS GHI, BLOCK 4 DRAINAGE ANALYSIS A conceptual site drainage plan together with volumetric calculation was prepared by Banner Associates, Inc' The plan is included as Attachment A. This design satisfies the policy requirements of Section 20- 17(f) of the Municipal Code as well as the technical requirements of Design Standards for Subdivision. The drainage plan was engineered to accomplish the following: 1. Retain on -site the additional volume of water generated by the improvements and attributable to a twenty-five year frequency event. 2. Detain the flood water runoff estimated for a 100 year frequency event to the extent that they not exceed the present pre -development runoff. The proposed storm water system will help curb runoff peaks during a 100 year event and allow a more gradual release of storm waters into the ground. This will be of benefit to downstream areas during periods of flooding and will mitigate the drainage impacts associated with the development of the property. In this report we analyzed the storm drainage characteristics of the West End area of the City of Aspen, defined the 100 year developed and undeveloped storm water runoff and determined the amount of storm water retention required to satisfy Aspen0nicipal Code requirements�� The project elements which were included in this analysis include the gravel parking area, roof drainage and decks as well as upstream influences from adjacent properties. The total parcel consists of approximately 0'21 acres of land with no defined drainage area. The drainage (Area A-1) on the west consists of '04 acres and the basin (Area B-1) on the east is also .04 acres. The drainage calculations in the report are based upon the Rational Method, i.e.: Q = ACT where: Q = Flow in cubic feet per second A = Area in acres C = Ratio of impervious to open area I = Intensity in inches per hour The primary references utilized in the preparation of the report are "Time Intensity Frequency Curves", Colorado Climatic Center, Department of Atmospheric Science CSU, "Urban Runoff Manaqement Plan 1973", topographic maps provided by the Owner. The basis of design is to retain a 25 year frequency event on site and detain a 100 year storm with the quantity of detention being the difference between the 100 year developed and undeveloped storms peak rate of runoff, for a 10 minute duration. The system was designed so that the volume being retained on site will be time released through ground percolation' Historic Runoff: The historic runoff was calculated based upon the conditions which existed on the property today. 2 The design volumes were determined and show a rainfall intensity of 2.5" per hour for a twenty-five year event and 4.5" per hour for a 100 year event. / (Same as B-1) Natural area on remainder of parcel Ground conditions: Average Grass Area: 0.04 acres C. 0.30 Flow- 0(25) = .03 cfs 0(100) = '054 cfs Developed Runoff: The developed runoff was calculated in a manner similar to the historical runoff for each of the basins. The most significant difference between the historical and ' developed conditions is the "C" factor. A weighted C factor was calculated for each drainage basin based upon the portion of each type of surface which is planned to exist. The C factors which were weighted are: Gravel parking area 0.80 Roofs 0.90 Wooden decks 0.60 The developed rates of runoff are calculated to be: (Same as B-1) Ground Conditions: Gravel, roof and deck Area: 0.04 acres C: 0.85 Flow: 0(25) = .085 cfs 0(100) = .153 cfs Required Detention: The detention required is therefore the difference between the 100 year developed rate of flow, minus the 100 historical flow, times a 10 minute period art (.153 cfs) - (.054 cfs) = 0.01 cfs Freeboard volume = 60 cubic feet each Due to the design of the building, it is proposed that the detention volume be stored in two subsurface dry wells on either side of the yard. Required Retention: The retention required is the difference between the 25 year developed rate of flow, minus the 25 historical flow for a rainfall intensity period of 24 hours' Required retention for each of the roof drain dry wells was calculated in acre feet using the following formula: Vs = CPA ' Vs = .004 ac.ft. = 192 cu.ft. for a duration of 24 hours C = coefficient of runoff = (0.85 - 0.30) P = precipitation 2.4"/hr, = .02'/hr. A = area = acres It is proposed that the entire amount of retention volume be incorporated in a dry well system with the detained volumes on each side of the structure as calculated below: 1. Storm flow retention 60 cu.ft. 2. Detention volume 192 cu.ft' ------------- Total Dry Well Volume 252 cu.ft. (each) M SITF DRAI NAGE7 PLAN GOLDSI'-'ii T H CONDO AUC IO 1988 - BANNER ASS0C1f17E5 0 . Rco F GuTTe rL To DRYwo4LL� TYP a i �> \T` R DRYWELL Z s z cv.; T, MINIMOM DRYwcu- AP -A 25Z Co,'F-r v CkQ5SKT1or.l of'��•�'WEu_ FROM _ ,> ��i•r2oc+c. `f T1'1� DRAB 11 ..� • � �� ••; • i� r,JRr+p w%F+L7c-fZ Ff489,tC_ OR e (4ul v A LLR r-tT w T • Aspen Real Estate Development Company P.O. Box 3126 Aspen,Co. 81612 925-5251 September 7,1988 Ms. Cindy Houben Aspen/Pitkin Planning Office 130. S. Galena St. Aspen,Co. 81611 RE: Francis Street Townhomes Condominiumization Dear Cindy: Enclosed is our Development Application seeking the Condominiumization of the Francis Street Townhomes. Attached you will find: 1. Attachment 1- Land Use Application Form 2. Response to Attachment 2,3 and-4 3. Improvement Survey 4. An 82" X 11" vicinity map. 5. Titile Insurance and Deed showing ownership. 6. A check for $760.00 7. Drainage Analysis Sincerely, Aspen Real Estate DevelopmentkXompany Stephen E. Goldsmith, Vice President AT ACI]MWr 1 40 USE APPLICATION ARM • 1� Project Name Francis Street Towhhomes 2) Project Ineation'901/911 W. Francis Street, Aspen,Co; Lots G-1,II,I, Block 4, City and TQwnsite_406f Aspen, Pitkin County, Colorado (indicate street address; lot & block number, legal description where appropriate) 3) Present Zoning R-6 4) lot Size 9,000 Sq. Ft. 5) Applicant's Name, Address & Phone # _Aspen Real Estate Development Company, P.O. Box 3126, Aspen,Co. 81612 925-5251 6) Representative's Name, Address & Phone # Steve and Frank Goldsmith P.O. Box 3126 Aspen,Co. 81612 925-5251 7) Type of Application (please deck all that apply): -- Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final historic Dev. 8040 Greenline Conceptual PUD Minor historic Dev. Stream Margin Final PUD historic Demolition Mcxmtain VieGi Plane Subdivision historic Desigmtion 9V Condominiumization Text/Map Amendment GMQS Allotment lot Split/lot Line Gf4QS I Lion Adjustment 8) Description of Existing Uses (number and type of existing structures; approximate sq. ft. ; n nber of bedrooms; any previous approvals granted to the property) - Formerly a vacant lot with a Duplex under construction; Approx. 2,000 sq. ft.; tour bedrooms per side. 9) Description of Development Application Condominiumization of residential duplex under construction. 10) have you attadied the following?. Yes Response to Attachment 2, Minimum fission Contents Yes RE-�e to Attadment 3, Specific Submission Contents Yes Response to Attadment 4, Review. Standards for Your Application • • Response to Attachment number Two Francis Street Townhomes Condominiumization Applicant: Aspen Real Estate Development Company P.O. Box 3126 Aspen,Co. 81612 925-5251 Ownership: Frank Goldsmith - President - 50% Stockholder Steve Goldsmith - Vice President - 50% Stockholder Authorized Representative: Frank or Steve Goldsmith Property: 901/911 West Francis Street Aspen,Co. Lots G-1,H,I, Block 4, City and Townsite of Aspen,Co Zoning: R-6 There are currently no liens against thzs property. The applicant agrees.to,the six month minimum lease restrictions and agrees to pay the Affordable Housing Impact Fee. This was a vacant lot and a new duplex is under construction to be completed lated this year. Response to Attachment numbers Three and Four This was a vacant lot and there were no tenants. The project has a six month minimum lease restriction with -no more than two shorter tenancies per year. The applicant will pay the $8,050 per unit Affordable Housing Impact Fee upon filing of the Plat for Condominiumization. Respectfully Submitted, Aspen Real Estate Development Company Stephen E. Goldsmith, Vice President i t J- I • �rz�fJ�IS �Tr � UN rr J , I ' 91/ w,FR RNcis ST, 6101 w.Fak',c�s c+�GARi�6F �. PAR K►�+1, s roT3 O �ir.11SN 1•l.oc.2 ®IOH'-5'�4- q%Lx�a'L=Y;��+ v T09 Jr WcIL (D ID-) L° cYi fKAucu S�ItetT��v�r++oMFS LlorS � TA�nJI , H e I 4 = loco Grr/ d S�� d ASae.iJ PL-0-�- p1,4j j 1" = 1O'-0" 2 CAR GRRAt,�� ZNhc�uNG. SfoTs' =1 m S 0 l9 C v 1 co �M\9 r4 z U- a 0 Z r O C7 0 0 W �m J Q rn LI� O == ci F— w Z O U ac W vi E' a Z w v) U z O Q U o a. a. j wa a � zJ� U, Q ' J 1 940 V) Cl) IF9 o 0 PtAlViS SrrE 193 1] 923 4 928 ----------- 95 L-4 820; 810 822 SMUGGLER HALLAM ,4ilLLA OFASPEN:l 818 BLEEKER 833 t4aers 0 e y jnsurance Cqrporation NATIONAL HEADOUARTERS RICHMOND, VIRGINIA SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE PCT-2031 06/02/88 1 12:13 P.M. $ 245,000.00 1. NAME OF INSURED: FRANK GOLDSMITH AND STEPHEN E. GOLDSMITH POLICY TO BEE 85-01-097254 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPIP 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOTS G-1, H AND I, BLOCK 4, CITY AND TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE 46. COUNTY OF PITKIN, STATE OF COLORADO. thorized Agent PITKIN COUNTY TITTLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 S SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON TH✓ COVER SHEET. I.71C I.11C LIIC I_TI(: I.TiC' I_IlC I_I1C 1.71C LfIC IJ1C 1_IIC LIIC I:fIC I:IIC I_tlC I_fIC l_I'IC I.1lC LTI(' l_Ill' loll' I_llC I.fl(' 1:fIC I_TIC t_TIC ITIC lTIC:ITIC.f.TIG ITIC' Form 00 Litho 0 USA. CASE NUMBER PCT-2031 4awyersTde jnsurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-OWNERS DATE OF POLICY 06/02/88 @ 12:13 P.M. POLICY NUMBER 85-01-097254 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary 'lines, shortage in area, encroachments, and any facts which a correct survey 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 hereto - after furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 1988 not yet due or payable. 7. Reservations and exceptions as contained in Deed from the City of Aspen recorded in Book 59 at Page 294 as follows: "Providing +-rat not 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." 8. Encroachment of fencing as shown on Plat of subject property recorded in Plat Book 20 at Page 46. 9. Terms, conditions, obligations and provisions of Declaration of Covenants, Restrictions and conditions as set forth in instrument recorded January 6, 1988 in Book 554 at Page 486. EXCEPTIONS NUMBERED NONE ARE HE= OMITTED. LJIC I:III' LIIC. I:IIC I.III: LIIC I_I1C I_II(: LIIC I:IIL' LIIC LIIC' I;1'IC I_I1C I:17C GIIC'-l:I1G,l:lU: l_17C l:I1C ►:I1C I:II(: la1(: ll'IC 1�IC t:17C.;1:TIG.t71G'1`_TIC l_TIC l:llC Form 100 Litho in U.S.A.