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HomeMy WebLinkAboutLanduse Case.CO.1096 Waters Ave.0040.2016.ASLU0040.2016.ASLU 1096/1098 WATERS AVE CONDOMINIUMIZATION 273718 266 016 jCao ^ � -t �\ � 1 Z cl a 0 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS C.� THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PROJECT ADDRESS PARCEL ID PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0040. 2016.ASLU 1096/1098 WATERS AVE 2737 18 266 016 HILLARY SEMINICK CONDOMINIUMIZATION PATRICK RAWLEY 2.21.17 CLOSED BY ANGIE SCOREY 1.18.18 • 0 Permits lift File Edit Record Navigate Form Reports Format Tab Help v DX f =i- - (Ja Jump 1 14 !� Diain Custom Felds ,Routing Status Fee Summary; Actions ', Rouuting Wstory I, o Permit type aslu Aspen Land Use PernA # 0040 2016 ASLU a Address 1096 WATERS AVE ApVSutte o City ASPEN State CO Zip 81611 rs o x Permit Information O Master permit Routing queue aslul5 Applied 05/06i2016 ZProject Status pending Approved 5 CD Description APPLICATION FOR 1096/1098 WATERS AVE FOR CONDOMINIUMIDTION Issued Closed/Final Submitted ISTAN CLAUSEN 925 2323 Clock Running DM F70 Expires 05/01/2017 Submitted via Owner Last name JASPEN WATERS. LLC First name 3501 CROSS CREEK LN MALIBU CA90265 Phone (1 Address ATW r. o❑ Owner is applicant? ❑ Contractor is applicant? Last name JASPEN WATERS, LC First name 3501 CROSS CREEK LN MALIBU CA 90265 Phone (1 Oust# 1303H Address Email � Lender Last name First name Phone 1 1 Address ?rthe permit lender's last name or company name AspenGold5 (server. angelas Zo((� .-his LU 1G1 � I (IIIII IIIII IIIIIIIIIIIII "�'' IIII IIII II I III IIIII IIIII IIIII IIIIIII II III RECEPTION#:6' f80 R: $93.00, D: $0.00 DOC CODE: CONDO DECLAR Pg 1 of 17, 02/21 /2017 at 02:29:43 PM Janice K. Vos Caudill, Pitkin County, CO DECLARATION FOR ASPEN/WATERS RESIDENCES, A Colorado Common Interest Community THIS DECLARATION is made effective as of the ( day of February, 2017, by ASPEN WATERS LLC, a Colorado limited liability company ("Initial Owner"). RECITALS A. The Initial Owner is the owner of the following described real property in the City of Aspen, County of Pitkin, State of Colorado ("Property"): Lot 2 of the Historic Landmark Lot Split Subdivision Plat of Lot 4, Calderwood Subdivision recorded in Plat Book 98 at Pages 86-87 of the Pitkin County records. B. The Initial Owner has subdivided the Property into Units 1 and 2, and the Common Property, Aspen Water Residences, by recordation of the "Plat of Aspen/Waters Re idences, a Colorado Common Interest Community", thereof recorded on 1U 2 2017 in Plat Book lJ.!( at Page as Reception No. in the real estate records of Pitkin County, Colorado (together with any subsequently recorded amendments or supplements thereto, the "Plat"). Units 1 and 2 and Common Property, together with any and all Improvements thereon, are collectively called the "Project". C. The Initial Owner desires to set forth certain rights, conditions and restrictions for the present and future owners of Units 1 and 2, Units which are designated on the Plat for separate ownership of townhome residences; as well as certain rights, covenants, conditions and restrictions with respect to the Common Property. ARTICLE 1 PROJECT PURPOSES 1.01 Submission of Real Property. The Initial Owner hereby declares that all of the Project is hereby made subject to the following easements, restrictions, covenants, and conditions which shall run with the Project and be binding on all parties having any right, title, or interest in the Project, or any part thereof, their heirs, legal representatives, successors, and assigns, and shall inure to the benefit of each owner thereof. The Initial Owner expressly does not submit the Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as amended from time to time, except for § 38-33.3-105 through 107 thereof. 1.02 General Purposes. The Initial Owner desires to establish a means to ensure the proper use and appropriate development of the Project as a high quality, aesthetically pleasing, and harmoniously designed Planned Community, as that term is defined by the Act, by means of mutually beneficial covenants, conditions, and restrictions imposed on the Project for the benefit of the Initial Owner and all future owners of the Units. 1.03 Declaration. To further the purposes expressed in Section 1.02 hereof, the Initial Owner, for itself, its successors and assigns, hereby declares that the Project shall, at all times, be owned, held, used, and occupied subject to the provisions of this instrument, to the covenants, conditions, and restrictions contained herein, and to all amendments and supplements hereto. 1.04 Creation and Name of the Project. The Project hereby created shall be named the Aspen/Waters Residences. The Project has only vertical boundaries and does not have horizontal boundaries. 1.05 Location of the Project. The Project is situated in the City and Townsite of Aspen, Pitkin County, Colorado, located at 1096 & 1098 Waters Avenue. 1.06 No Development Rights. The Initial Owner declares that it is its intention not to reserve any development rights which may include the rights to: (a) add real estate to the Project; (b) create additional "units" or "Units" or "Common Property" or "limited Common Property" (as such terms are defined in the Act) within the Project; (c) subdivide "Units" or convert "Units" into "Common Property"; or (d) withdraw real estate from the Project. ARTICLE 2 DEFINITIONS In addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein: 2.01 "Act" shall mean the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes). 2.02 "Association" shall mean the Aspen/Waters Residences Owners Association, Inc., a Colorado nonprofit corporation, whose members shall be the owners of Units 1 and 2 of the Project, and their successors and assigns. 2.03 "Board" shall mean the board of managers (a/k/a the board of directors) of the Association, however designated. The Board shall exercise all rights, powers and duties of the Association unless otherwise expressly reserved to the Owners. 2.04 "Common Property" shall mean the parcel of land designated as Common Elements on the Plat. The Association shall own the Common Property. 2.05 "Common Expenses" are expenditures made or liabilities incurred by or on behalf of the Association. "Common Expense Liability" means each Unit's liability for Common Expenses. Page 12 0 • 2.06 "Declaration" shall mean this Declaration and the Plat, and all amendments and supplements hereto and thereto recorded in the real property records of Pitkin County, Colorado. 2.07 "Guest" shall mean any individual who is present at either Unit at the express or implied invitation of an Owner including, without limitation, friends, relatives, agents, contractors, employees, tenants or business invitees of an Owner. 2.08 "Improvements" shall mean any construction, including, but not limited to, walls, roofs, foundations, skylights, telephone boxes, electrical transformers, fixtures, utilities, outdoor painting, windows and window coverings, flower boxes, drains, gutters, hot tubs, patios, and patio walls, that is constructed on a Unit which is intended to benefit such individual Unit. 2.09 "Owner" shall mean any individual, corporation, partnership, limited liability company, joint venture, trust or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Units according to the real property records of Pitkin County, Colorado. Initial Owner is the Owner of Units 1 and 2 as of the date hereof. Every subsequent Owner of a Unit shall, upon acquiring title to such Unit, give notice to the other Owner of such new Owner's name, address, and evidence of any insurance required by this Declaration. 2.10 "Party Wall" shall mean the common wall placed on and equally divided by the common boundary separating the Units, together with the footings underlying and the portion of roof over such wall, but not including any drywall or other interior finishes attached to such common wall, or utilities or fixtures within such wall that serve only one Unit. 2.11 "Residence" shall mean a fully or partially enclosed structure located on a Unit, including and together with the foundation, all decks, all fixtures, all utility facilities and equipment, and all other Improvements located on that Unit that serve only that Unit. 2.12 "Unit" shall mean the parcels of land designated as a Unit on the Plat. The Units are identified on the Plat as Unit 1 and Unit 2. Each Unit is designated for separate ownership or occupancy, the boundaries of which are more particularly described in the Plat, included herein by reference. ARTICLE 3 PROPERTY RIGHTS 3.01. Units and Improvements. By this instrument, the Initial Owner has created the Project by dividing the Property into two Units and the Common Property. The Initial Owner has not reserved the right to add additional Units to the Project; the maximum number of Units that may be made subject to this Declaration is two. Page 1 3 0 1. 3.02 Title to Units. Title to a Unit may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Unit in which such Owner owns an interest. 3.03 Common Property. The Common Property consists of the parcel of land described as "Common Elements" on the Plat. Each Owner shall have a right and easement of enjoyment in and to the Common Property and such easement shall be appurtenant to and shall pass with the title of each Unit, subject to the restrictions herein. The Common Property shall be undivided and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Common Property. 3.04 Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Unit shall legally describe it substantially as follows: "UNIT , ASPEN/WATERS RESIDENCES, according to the Plat thereof recorded , 2016 in Plat Book at Page _ as Reception No. , County of Pitkin, State of Colorado." Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber, lease or otherwise affect not only the Unit, but also the interest in any easements made appurtenant to such Unit by this Declaration. The interest in any easements made appurtenant to any Unit shall be deemed conveyed or encumbered with that Unit, even though the legal description in the instrument conveying or encumbering such Unit may only refer to that Unit. The reference to this Declaration in any instrument shall be deemed to include any supplements or amendments to this Declaration, without specific reference thereto. 3.05 Separate Assessment. The Initial Owner shall give written notice to the Assessor of Pitkin County, Colorado requesting that each Unit be separately assessed and taxed. After this instrument has been recorded in the real estate records of Pitkin County, Colorado, the Initial Owner shall deliver a copy of this instrument as recorded to the Assessor of Pitkin County, Colorado. 3.06 Use Compliance. The use of the Units shall comply with: (a) the terms, conditions, and obligations set forth in this Declaration; (b) the matters set forth on the Plat; (c) the terms, conditions, and obligations of those documents of record encumbering the Property; and (d) all present and future laws, rules, requirements, orders, directions, ordinances, and regulations (including zoning regulations) of any governmental authority having jurisdiction over the Units, and of their departments, bureaus or officials; provided, however, that nothing contained in this Section hall limit, impair or otherwise affect any vested rights conferred upon the Project by the City of Aspen, Colorado, and nothing herein shall prevent Owners from contesting or challenging any new laws, rules, requirements, orders, directions, ordinances or regulations (including zoning regulations). Page 1 4 0 • 3.07 No Partition of Units. No Owner may assert any right of partition with respect to such Owner's Unit. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Unit. 3.08 Encroachments. Upon acceptance of a deed conveying a Unit, an Owner consents to existing encroachments of any Improvements, including but not limited to, footings, eaves, drains, outward opening windows and doors, balconies, or any other exterior feature constructed to overhang or extend over onto such Owner's Unit. No other encroachments shall be permitted. 3.09 Limitations on Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Unit, or any labor to be performed therein or thereon, the Owner of the other Unit shall not under any circumstances be liable for the payment of any expense incurred or for the value of any such work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons furnishing labor or materials for the benefit of such Owner's Unit. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge any Unit other than that of such Owner with any mechanic's or materialmen's lien or other lien or encumbrance whatsoever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against any Owner or any Owner's Unit for work done or materials furnished to the other Owner's Unit is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialmen's lien or other lien or order for the payment of money shall be filed against the other Owner's Unit or against the Common Property or against the Initial Owner, the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within twenty (20) days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees resulting therefrom. 3.10 No Dedication. Nothing contained in this Declaration (which includes the Plat) shall be deemed a grant or dedication of all or any portion of the Property to the public or for public use unless such grant or dedication is expressly provided for in this Declaration. ARTICLE 4 RESTRICTIONS 4.01 Use Restrictions. Only one Residence may be constructed on each Unit. No modification of a Residence that would have the effect of increasing the floor area of such Residence Page 1 5 shall be permitted unless said modification receives approval from the City of Aspen and the Association. Each Residence constructed on a Unit shall be used and occupied for single-family residential use by the Owner of such Unit and/or such Owner's Guests or tenants. An Owner shall have the right to lease such Owner's Unit, provided, however, that: (i) any such lease shall be in writing, shall be for a period of not less than thirty (30) days, and shall provide that the lease is subject to the terms of this Declaration; (ii) a Unit may be leased only for the uses and occupancies described in this Section 4.01; and (iii) any failure of a lessee to comply with the terms of this Declaration shall constitute a default by such Owner. 4.02 Unsightly Conditions, Dumping and Outside Storage. No unsightly objects or materials shall be placed on the exterior portions of a Unit. No part of a Unit shall be used as a dumping ground for garbage, trash or other debris and the same shall be stored in a covered container and disposed of in a sanitary manner. Trash storage containers must be adequately screened from view and may only be placed outside on a scheduled trash collection day. No outside vehicle storage, including without limitation inoperable vehicles, commercial vehicles and truck larger than a 3/4 ton pick-up, and vehicles such as motorcycles, boats, campers, trailers, all -terrain vehicles, snowmobiles and similar vehicles, shall be permitted in a Unit. Owners shall comply in all respects with all provisions of the Aspen Municipal Code pertaining to their respective Units and Common Property, and the use and enjoyment thereof. 4.03 No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Property nor shall anything be done or placed on any part of the Property that is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Property that are or might be unsafe or hazardous to any person or property. No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Unit shall be permitted. 4.04 No Imperiling of Insurance. No Owner and no Owner's Guest or tenant shall do anything or cause anything to be kept in or on the Property that might result in an increase in the premiums of insurance obtained by a neighboring Unit Owner or which might cause cancellation of such insurance without the prior written consent of the neighboring Unit Owner first having been obtained. 4.05 No Violation of Law. No Owner and no Owner's Guest or tenant shall do anything or keep anything in or on the Property that would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. Without limiting the generality of the foregoing, Owners shall comply in all respects with all provisions of the Aspen Municipal Code pertaining to the Property and the use and enjoyment thereof. 4.06 Mining and Drilling. No Unit shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth. No water wells shall be drilled on a Unit. Page 16 • 1• 4.07 Temporary Structures Occupancy and Incomplete Structures. No temporary structures, mobile home or trailer shall be allowed on any Unit other than in connection with and during the period of construction, alteration or demolition of a Residence on a Unit. No space in a Residence on a Unit shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space. No partially completed structure shall be allowed to remain on a Unit except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence. ARTICLE 5 THE ASSOCIATION 5.01 Limited Membership. Every person who is an Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for membership. Each Unit in good standing is entitled to cast one (1) vote for each Unit. Where a Unit is owned by more than one individual or by an entity, the Owner must designate a single person to cast votes. If more than one person attempts to cast a vote for a Unit, that Unit's vote may be disregarded without affecting the establishment of a quorum. The failure of an ownership group to designate a single person to vote (designation is assumed if only one person attempts to cast a vote on any given issue) will result in that Owner losing its voting rights until a single person is designated. 5.02 Voting. Whenever approval of the members of the Association is required, the Association may act only upon the unanimous consent of its members. 5.03 Board. Except as otherwise provided in this Declaration, the Association shall act through the Board, which will consist of two (2) members. Unit 1 and Unit 2 shall each appoint one (1) Board member. Except as otherwise provided in this Declaration, the Board may only act by unanimous decision. 5.04 Powers. The Association shall have all powers, authority, duties, rights, and benefits necessary to maintain, repair and administer the Common Property, including without Imitation obtaining insurance therefor, and perform such other Association responsibilities set forth in the Declaration or in the Act. 5.05 Notice to Owners. Any notice to an Owner of matters affecting any Unit or the Project, by the Association or another Owner, shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery, or by regular first-class postage prepaid mail delivery, at the address of record for real property tax assessment notices with respect to that Owner's Unit. All notices so given shall be considered received on the third business day after posting in the mails regular first-class postage prepaid, or two business days after delivery to a courier or private service delivery. Any notice personally delivered shall be deemed received upon delivery. Page 17 & 0 5.06 Waiver of Lien Priority Rights. The Initial Owner and each subsequent Owner understands and intends, by use of an unincorporated association, that the Association will not have the benefit of lien priorities provided in the Act for incorporated associations. 5.07 Deadlock. (a) Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" made by a member of the Board to the other member of the Board after a formal vote in which one member of the Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning any matter presented to the Board. (b) Breaking a Deadlock. In the event of a Deadlock, the Board shall take another vote on the proposition. If that vote is not unanimous, then any matter in Deadlock, shall be settled by binding arbitration administered by the American Arbitration Association in Pitkin County, Colorado, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 5.08 Association as Attorney -in -Fact for Owners. The Association is hereby appointed attorney -in -fact for the Owners, and each of them, to manage, control, and deal with the interest of such Owner so as to permit the Association to fulfill all of its duties and obligations hereunder, and to exercise all of its rights hereunder; to deal with the Project upon its destruction or obsolescence, or any damage to the Party Wall that is not maintained or repaired by the Owner(s) obligated to undertake such maintenance or repair, and to deal with and handle insurance and insurance proceeds and condemnation and any condemnation awards as hereinafter provided. The acceptance by any person or entity in a Unit shall constitute an appointment of the Association as attorney -in -fact as provided herein. ARTICLE 6 COVENANT FOR COMMON EXPENSE ASSESSMENT 6.01 Common Expenses. The Common Expenses are for maintaining the Common Property, as more particularly described in Section 5.04, above. 6.02 Apportionment of Common Expenses. Common Expenses shall be assessed equally against each Unit, except that in the case such expenses are for damage caused by the negligence or willful misconduct of an Owner of one Unit, such expenses shall be charged to such Owner's Unit. 6.03 Commencement of Common Expense Assessments. The Association may assess Units for Common Expenses at regular intervals determined by the Board, but no less frequently than annually, according to the Board's advance budget. Page 1 8 6.04 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Board may levy one or more special assessments only to provide, with respect to the Common Property, for liability claims or for repair or replacement, to the extent not covered by Insurance, or to provide for extraordinary maintenance, if the Board so determines. 6.05 Association Lien and Personal Obligation to Pay. Each Owner, by acceptance of a deed to a Unit, shall be deemed to covenant and agree to pay to the Association any and all Common Expense assessments. Such assessments shall also include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Unit Owner shall convey a Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made. Common Expense assessments shall be subordinate to the lien of any first mortgages recorded against the Units or any part of the Project. 6.06 Effect of Non -Payment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate of eighteen percent (189/o) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit. The Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefore. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply and the non - delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non -delinquent Owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. ARTICLE 7 INSURANCE AND CONDEMNATION 7.01 General Provisions. Each Owner shall maintain such property and liability insurance with respect to its Unit as such Owner may establish from time to time. Such policy shall provide that the Association and the other Owner be named as an additional insured and shall further provide that the Association and each Owner be provided with at least thirty (30) days written notice of the cancellation of the other Owner's policy. Each Owner shall use best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against other Owner and the Association in connection with any damage covered by any policy. Page 19 0 • 7.02 Property Insurance. Each Owner shall maintain property insurance covering that Owner's Residence, including all fixtures, equipment, improvements, and betterments, for loss or damage by fire, and further maintain extended coverage perils for the maximum replacement value of the Residence. Any Owner may on thirty (30) days written notice, but not more frequently than once every three years, obtain a written estimate of the replacement cost of the Residences by a licensed contractor, and the cost of such estimate shall be shared between the owners on an equal basis. Such contractor shall be a disinterested and independent third party who is unrelated in any manner to either Owner whether through joint business adventures or otherwise. 7.03 Liability Insurance. Each Owner shall maintain liability insurance to cover all occurrences, in a limit of not less than $1,000,000, including death, bodily injury, and property damage, arising out of or in connection with the use, ownership, or maintenance of each Residence and Unit, and all fixtures, equipment, improvements, and betterments. Each Owner shall name the Association and the other Owner as an additional insured party under such policy. 7.03 Waivers. Subject to obtaining the waiver of subrogation endorsement required by the Act, the Owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. 7.04 joint Policy. Nothing provided in this paragraph shall prevent the Owners from jointly acquiring a single policy to cover any one or more of the hazards required in this paragraph to be separately insured against by each Owner. 7.05 Restoration -upon Condemnation. (a) Total Taking. In the event of a taking of the total Project by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners, and their mortgagees and lienholders, the Owners, and their mortgagees and lienholders, shall be divested of all interest in the Units, and the Owners shall vacate the Units as a result of such taking. (b) Partial Taking. In the event of a partial taking of the Project by eminent domain, the Owner of any affected Unit, or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance of the award of the taking by the Owner and the Owner's mortgagees and lienholders, the Owner, and the Owner's mortgagees and lienholders, shall be divested of all interest in or portion of the Unit, as applicable, and such Owner shall vacate the Unit or portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration and Plat shall be amended to reflect such taking. If the taking includes all or a portion of the Common Property, then, unless the Owners decide not to rebuild any Page 1 10 Improvements thereon, the remaining Common Property shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Board shall be a Common Expense assessed against the Owners as set forth in Article 6, above. ARTICLE 8 EASEMENTS 8.01 Easements for Improvements, Maintenance and Utilities. Reciprocal Easements (between both Units) are hereby declared to exist over and under the Project and all areas thereof for the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walk- ways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the real property and/or the individual Units. No such easement shall be relocated without the mutual agreement of the Owners. 8.02 Encroachment Easements. Each Owner has an easement over the adjoining Unit(s) for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause. There shall be valid easements for the maintenance of such encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by such encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of such encroachments so long as they shall exist. ARTICLE 9 PARTY WALL 9.01. To the extent not inconsistent with this Declaration, the general rules of law regarding party walls and liability for damage due to negligence, willful acts or omissions shall apply to the Party Wall. 9.02 The Owner of either Unit shall have a perpetual easement in and to the part of the other Unit on which the Party Wall is located, for party wall purposes, including mutual support, maintenance, repair and inspection. In the event of any required maintenance to or damage to or the destruction of the Party Wall from any cause, then the Owners shall at their equal joint expense, maintain, repair or rebuild said Party Wall, and each Owner, shall have the right to the full use of said Party Wall so maintained, repaired and rebuilt. Notwithstanding anything contained above to the contrary, if the negligence, willfizl act Page 1 11 to or omission of any Owner or Owner's Guest, shall cause damage to or destruction of the Party Wall, such Owner shall be responsible for and bear the entire cost of repair or reconstruction (to the extent that such damage is not covered by insurance), and an Owner who by his negligent or willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing the necessary protection against such elements. 9.03. No Owner shall have the right to destroy, remove, or make changes in a Party Wall that would jeopardize the structural integrity of either of the Units sharing such Party Wall without the prior written consent of the adjacent Owner. No Owner shall subject a Party Wall to any use that in any manner whatsoever may interfere with the equal use and enjoyment of the Party Wall by an adjoining Owner. ARTICLE 10 LANDSCAPING, SERVICE FACILITIES & DRYWELL, DRIVEWAYS AND WALKWAYS 10.01 Each Owner shall from time to time, at his sole cost and expense, irrigate, maintain, preserve and replace, as needed, the trees, shrubs and grass located within the boundaries of such Owner's Unit commensurate with the standards consistent with other high -end luxury residences located in the City of Aspen, Colorado, and each Owner shall from time to time, at his sole cost and expense, undertake such landscaping and general outdoor improvements on such Owner's Unit as the Owners may jointly deem necessary and proper for the harmonious improvement of the Units in a common theme. The Owner of one Unit shall not damage the value of the other Unit by shoddy upkeep of their Unit, and both Owners shall make all reasonable efforts to preserve a harmonious common appearance of the Units. 10.02 Common utility or service connections or lines, common facilities, the drywell depicted on the Plat, or other equipment and property located in or on either of the Units, but used in common with the other Unit, if any, shall be owned as tenants in common of equal undivided one-half interests by the Owners of each Unit and, except for any expense or liability caused through the negligence or willful act of any Owner, his family, agent or Guest, which shall be borne solely by such Owner, all expenses and liabilities concerned with such property shall be shared in the proportions set forth in Article 12 below. The Owner of the Unit on which such property is not located shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessary for purposes of maintenance, repair, and inspection. 10.03 Each Owner shall be responsible for all necessary maintenance, repair, replacement and improvements, (including snowplowing), of all walkway areas and paved areas located on such Owner's Unit. Page 1 12 10.04 Nothing provided in this Article 10 shall prevent the Owners from jointly maintaining the improvements located on either Unit, with the cost to be shared on an equitable basis as agreed to by the Owners. ARTICLE 11 ALTERATIONS, MAINTENANCE AND REPAIRS 11.01 The Party Wall shall be maintained jointly by the Owners in accordance with Article 9 above. 11.02 Each Owner shall, at his sole cost and expense, provide exterior maintenance and exterior repair upon such Owner's Residence and the other Improvements located on his Unit, including, but not limited to, the exterior walls and the roof of their Residence. Such maintenance and repair shall be commensurate with the standards consistent with other high -end luxury residences located in the City of Aspen, Colorado, and each Owner shall undertake all maintenance and repair (including periodic painting and staining) necessary and proper for the harmonious appearance of the Residences and Units in a common theme. The Owner of one Unit shall not damage the value of the other Unit by improper maintenance and repair of such Owner's Residence and Unit, but both Owners shall make all reasonable efforts to preserve a harmonious common appearance of the Residence and Units. Nothing provided in this Article 11 shall prevent the Owners from jointly maintaining the improvements located on the Units, with the cost to be shared on an equal basis or as otherwise agreed to by the Owners. 11.03 Each Owner shall be solely responsible for maintenance and repair of the inside of such Owner's Residence including fixtures and improvements and all utility lines and equipment located therein and serving such Residence only. In performing such maintenance and repair, or in improving or altering a Residence, no Owner shall do any act or work which impairs the structural soundness of either Residence or the Party Wall or which interferes with any easement granted or reserved herein. 11.04 Utility or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Units, which are used solely to supply a service or utility to one Unit shall be owned by the Owner of the Unit using such utility or service and all expenses and liabilities for the repair and maintenance shall be borne solely by the Owner of such Unit, who shall have a perpetual easement in and to that part of such other Residence or Unit containing such property as is reasonably necessary for purposes or maintenance, repair and inspection. 11.05 No Owner shall make or suffer any structural or design change (including a color scheme change), either permanent or temporary and of any type or nature whatsoever to the exterior of such Owner's Residence or construct any additional building structure of any type or nature whatsoever upon any part of his Unit without first obtaining the prior written consent thereto from the other Owner, which consent shall not be unreasonably withheld. In the case of damage, or destruction of any Residence or any part thereof by Page 1 13 • 0 any cause whatsoever, the Owner of such Residence shall cause with due diligence the Residence to be repaired and restored, applying the proceeds of insurance, if any, for that purpose. Such Residence shall be restored to a condition comparable to that prior to the damage and in a harmonious manner to promote the common theme of both Units. ARTICLE 12 ALLOCATION OF EXPENSES 12.01 Costs and expenses of all activities whose cost is anticipated to be shared by both owners, except as caused by negligence of willful act of an Owner, shall be allocated in the following proportions: Unit 1 50% Unit 2 50% ARTICLE 13 ARCHITECTURAL CONTROL 13.01 Approval of Construction and Exterior Modifications. Except for construction by Initial Owner, no building, wall, fence, or other improvement may be constructed or installed on any Unit without, in each case, obtaining the prior written approval of the proposed construction or modification from the Owner of the other Unit. Upon receipt of a request for construction or modification, including all architectural, building, design and other plans or specifications, the approving Owner must consider whether the proposed changes are architecturally consistent with and in a compatible color scheme with the Project, do not materially affect the architectural design and style of the Project, and his or her approval shall not be unreasonably withheld. If no approval is given in thirty (30) days, such plans shall be deemed to be approved. 13.02 Approval Procedures. The Owner shall have thirty (30) days to approve the request in writing as submitted, to approve the request with conditions or to reject the request and, if the Owner does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the Unit Owner proposing the changes shall undertake the matter approved in accordance with any conditions placed upon such approval. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.01 Maintenance and Repairs by Owners. Each Owner shall be responsible, at such Owner's expense, for maintaining in a clean, safe, attractive, and sightly condition, and in good order and repair, all portions of such Owner's Unit and Residence. Page 1 14 14.02 Enforcement and Remedies. In enforcing this Declaration, an Owner shall be entitled to any remedy at law or in equity including without limitation, an action seeking a prohibitive or mandatory injunction or damages or both. In any action for the enforcement of this Declaration, the prevailing party in the action shall pay the reasonable attorneys' fees and costs, including the reasonable attorneys' fees and costs of any appeal, incurred bringing or defending the action, as the case may be. The issuance of a building permit or certificate of occupancy, which may be in contravention of this Declaration, shall not prevent enforcement of this Declaration. 14.03 Duration. This Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of this Declaration. 14.04 Notice. Any notices required or permitted to be given to an Owner shall be delivered regular mail or overnight courier directed to the address on file at the Pitkin County Assessor's Office for said Owner, unless another address has been previously designated in writing and delivered to the other Owner. All notices so given will be considered effective, if delivered by courier, one business day after timely deposit with the courier service; or if mailed, three days after deposit, first class postage prepaid, with the United States Postal Service. 14.05 Amendment. The Owners shall be entitled to amend this Declaration with the written consent of both Owners. Any amendment shall be effective only upon the recording of a written instrument specifying and evidencing the amendment. 14.06 Covenants Running with the Land. Each provision of this Declaration, and any agreement, promise, covenant, or undertaking to comply with each provision of this Declaration shall be deemed a covenant running with the land, as a burden with and upon the title to each parcel of real property within the Property, for the benefit of any other real property within the Property. 14.07 Successors and Assigns. Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors, and assigns. 14.08 Severab lity. Invalidity or unenforceability of any provision of this Declaration, in whole or in part, shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. 14.09 Captions. The captions and headings in this Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 14.10 Construction. When necessary for proper construction, the masculine of any word used in this Declaration shall include the feminine or neutered gender, and the singular the plural and vice versa. Page 1 15 # 0 14.11 No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver of such provision or of any other provision of this Declaration. 14.12 Governing Law. This Declaration shall be governed by and construed under the laws of the State of Colorado. 14.13 First Mortgagees. The Association may not take any of the following actions without the consent of fifty-one percent (519/6) of first mortgagees of Units subject to mortgages: (i) abandon or terminate the Project (except in the case of substantial destruction as may be provided for in this Declaration); (ii) use hazard insurance proceeds for losses to any portion of the Common Property other than for the repair, replacement, or reconstruction of such Common Property; (iii) amend the Declaration if such amendment is materially adverse to first - mortgagees. First mortgagee consent may be obtained in writing from a first mortgagee by any method permitted by the Act, by any method permitted under federal regulations or guidelines including Fannie Mae or Freddie Mac guidelines not prohibited by the Act, or any combination thereof. Upon written request to the Association, identifying the name and address of the holder and the Unit number or address, any first mortgagee will be entitled to written notice of (i) any condemnation loss or any casualty loss which affects a material portion of the Project or any Unit on which there is a first mortgage held by such first -mortgagee; (ii) any delinquency in the payment of assessments or charges owed by an Owner subject to a first mortgage held by such first mortgagee which remains unsatisfied for a period of 60 days, and any default in the performance by an individual Owner of any other obligation under the Declaration which is not cured within 60 days; (iii) any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or (iv) any proposed action which would require the consent of a specified percentage of first mortgagees as specified herein. Page 1 16 • • EXECUTED as of the date first set forth above. STATE OF COLORADO SS. COUNTY OF PITKIN ASPEN WATERS LLC a Colorado limited liability company 1:�au�rieSe ell Cappello, �anag�er� The foregoing instrument was acknowledged before me this :2-%4 day of September, 2016, by Laurie Sewell Cappello, Manager of Aspen Waters LLC, a Colorado limited liability company. Witness my hand and officiq seal. lAy commission expires: 2ro.20-M PATRICK S. RAWLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19994012259 My Commission Expires July 26, 2020 s—'�q Notaiy Public 0 STAN CLAUSON ASSOCIATES INC �N landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 info@scaplanning.com www.scaplanning.com 5 May 2016 Ms. Jennifer Phelan, AICP Deputy Planning Director Pitkin County Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Condominiumization - 1096/1098 Waters Dear Jennifer: p4 t MAY U 5 2016 �.r OF f% In connection with the referenced matter, please find enclosed one copy of the signed updated Homeowner Association Compliance Policy form as well as a check in the amount of $975 to cover any and all fees associated with the application. Please call with any questions. Very truly yours,, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Enclosure Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representinq the property owner. Name: Ltiq4e-rS L I, L Property 5 Owner ("I"): Email: Phone No.: 15crlecypp�tlo@ Mac,, con-, 3 la - 3 17- 9 24'i Address of 109 (.o 10 4 W s �XS AV'e1✓`2 Property: (subject of h Six'►, w ►(o i I application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ® This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: date: or, �„ J Attorney signature: I v 'lV date: S rI Sl?.a►to Attorney printed name: m I Peal reli�eA October, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 D -c 0 Qn rV 0 y • STAN CLAUSON ASSOCIATES INC landscape architectureplanningresort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 info@scaplanning.com www.scaplanning.com 28 April 2016 Ms. Hillary Seminick City of Aspen Community Development 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Plat of Aspen/Waters Residences / Subdivision - Condominium Plat Dear Hillary: �� .. APR �►�! 2 y 2016 47 In connection with the referenced matter, please find enclosed the application for Subdivision - Condominium Plat. This application was prepared in conformance with the Pre - application Conference Summary dated 8 March 2016. Aspen Waters LLC, the applicant, requests approval of the enclosed Plat of Aspen/Waters Residences. The purpose of the plat is to condominiumize the property pursuant to the procedures established by Section 26.480.050.A of the City of Aspen Land Use Code. Pursuant to the Pre -application Conference Summary, dated 8 March 2016, following is the response to the applicable review criteria: 26.480.050. Administrative subdivisions. The following types of subdivision shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030 — Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Condom iniumization. A subdivision to establish, amend, or vacate separate ownership interests of a single property in a Condominium or Common Ownership Interest Community form of ownership shall be approved, approved with conditions, or denied by the Community Development Director. Condom iniumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property. The Director shall review the condom iniumization plat pursuant to Section 26.480.030, Procedures for Review, and according to the following standards: 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29 — Engineering Design Standards, Plats. The enclosed Plat of Aspen/Waters Residences has been prepared in conformance with Title 29 - Engineering Design Standards and the City of Aspen Engineering Department Condominium Plat Survey Checklist. The Plat of Aspen/Waters Residences is intended to create separate ownership interests on the subject parcel. The Plat of Aspen/Waters Residences is not intended to effect a division of the parcel into multiple lots, aggregate the subject parcel with other lands, change the use of the property, nor operate as an abatement of other applicable regulations affecting the property. quo Plat of Aspen/Waters Reslffences /Subdivision -Condominium Pla �I 28 April 2016 APR 2 5 2016 2 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. The Community Development Director has not determined that a subdivision improvement agreement is necessary and no such agreement exists. The following materials are made a part of this application: • Attachment 2 - Completed Land Use Application; • Attachment 3 - Vicinity Map of 1096 & 1098 Waters Avenue; • Attachment 4 - Title Commitment confirming ownership of 1096 & 1098 Waters Avenue, Aspen, Colorado by Aspen Waters LLC, along with a listing of all encumbrances affecting the subject parcel; • Attachment 5 - Second Supplemental to Restrictions for the Calderwood Subdivision; • Attachment 6 - Two (2) 24" x 36" copies and one (1) 11 " x 17" copy of the draft Plat of Aspen/Waters Residences; • Attachment 7 - Owner's Authorization; • Attachment 8 - Homeowners Association Compliance Form; and • Attachment 9 - City of Aspen Pre -application Conference Summary, dated 8 March 2016 A signed City of Aspen Community Development Department Fee Agreement will be provided along with a check in the amount of $975 following the application being deemed complete. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Attachments ATTACHMENT 2 — LAND USE APPLICATION r ---- _--__--_PROJECT: Name: Aspen Waters LLC Subdivision - Condominium Location: 1096 & 1098 Waters Avenue, Aspen, CO Parcel ID # (REQUIRED) APPLICANT: __273718266016 - - - ---- Name: Aspen Waters LLC Address: 3501 Cross Creek Lane, Malibu, CA 90265 Phone #: 310-880-2788 REPRESENTIVATIVE: Name: Patrick Rawley, AICP , Stan Clauson Associates, Inc. Address:_ 412 N. Mill Street, Aspen, CO 81611 Phone#: 970-925-2323 GMQS Exemption (� GMQS Allotment Special Review C ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane 0 Commercial Design Review _ -_ ---_- --_-- APR 2 5 016 [� Conceptual PUD 0 Temporary Use [� Final PUD (& PUD Amendment) Subdivision = Conceptual SPA Subdivision Exemption (includes Condominiumization) Lot Split Final SPA (&SPA Amendment) 0 Residential Design Variance _j Lot line Adjustment Small Lodge Conversion/ Conditional Use Expansion nr1,e rA1�1INU 9-unui 1IUNS: (description of existing buildings, uses, previous ap provals, etc.) Unit 1 and Unit 2 of the Aspen/Waters Residences are located on Lot 2 of the Historic Landmark Lot Split Subdivision Exemption Plat of Lot 14 of the Calderwood Subdivision. -- ---- PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) The ur ose of the ----Plat is to c--o—n-d-ominiumize the property pursuant to the proceedures established in the City of Aspen Land Use Code Section 26.480.050.A. _--- a.c Y.,u duacnea me following? '_K Pre -Application Conference Summary FEES DUE: $ 975 R i Attachment #1, Signed Fee Agreement N19 Response to Attachment #3, Dimensional Requirements Form �l Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards _ 3-D Model for large project All plans that are larger than 8.S" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1130 S. Galena St.1(970) 920 5050, nt 3 E Y Q O O 0 0 O y O V i L 00 0 r Nil, i C O m i N a U � LU W J � U o U � 00 �z E fi d� U 1p C Y a Ez CD — y m co o C7 J _ QZ U W Cr w z W - S U a =z WO Jl U_ P 0 attachment 4 Title Insurance Commitment ISSUED BY First American Title Insurance Company ILCommitment INFORMATION TABLE OF CONTENTS The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title AGREEMENT TO ISSUE POLICY 1 Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. CONDITIONS 2 The Company will give you a sample of the Policy form, if you ask. SCHEDULE A Insert The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may 1. Commitment Date review a copy of the arbitration rules at http://www.alta.org/. The Commitment is based on the land title as of the Commitment Date. Any 2. Policies to be Issued, Amounts changes in the land title or the transaction may affect the Commitment and and Proposed Insureds the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. 3. Interest in the Land and Owner THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE 4. Description of the Land COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. SCHEDULE B-I - REQUIREMENTS Insert If you have any questions about the Commitment, contact: FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE B-II - EXCEPTIONS Insert 1 First American Way, Santa Ana, California 92707 AGREEMENT TO ISSUE POLICY 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 in 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-I. • 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. First American Title Insurance Company . %ALE INS,,9��..,I. oo SEPTEMBER 24, ; es s� •• 196! � ,t + * Dennis J. Gilmore ''.,��fE1fORMl� President Al� A`�Ar Timothy Kemp Secretary (This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011000 (6-22-10) Page 1 of 2 1 ALTA Plain Language Commitment (6-17-06) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) 'Public Records" means title records that give 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 the 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 show 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 OUR 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: or Comply with the Requirements shown in Schedule B - Section 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 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 the title to the land must be based on this Commitment and is subject to its terms. Form 5011000 (6-22-10) Page 2 of 2 1 ALTA Plain Language Commitment (6-17-06) American Land Title Association First American Title Insurance Co. Commitment No.: 16003496 SCHEDULE A 1. Effective Date: February 29, 2016 at 07:45 AM 2. Policy or Policies to be issued: A. ALTA Owners Policy (06/17/06) Proposed Insured: TBD Certificate of Taxes Due Endorsements: Additional Charges: Amount $0.00 Total 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. Title to the Fee simple or interest in the land is at the Effective Date vested in: Aspen Waters LLC, a Colorado limited liability company ALTA Commitment Form Adopted 6-17-06 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 1096 & 1098 Waters Avenue, Aspen, CO 81611. Attorneys Title Insurance Agency of Aspen, LLC By: Va4&uZ__ Premium $0.00 $0.00 $0 $0.00 Winter VanAlstine Authorized Officer or Agent FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. Copyright 2006-2009 American Land Title Association. All right reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. A.MIRICAN LAND TITIF A550CIAI ION 16003496 u 0 American Land Title Association Commitment No.: 16003496 1. Requirements: First American Title Insurance Co. SCHEDULE B Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. ALTA Commitment Form Adopted 6-17-06 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). 7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. 8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Aspen Waters LLC, a Colorado limited liability company, to TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9. Release of the Deed of Trust from Aspen Waters LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of MidFirst Bank, to secure an indebtedness in the principal sum of $2,000,000.00 (not to exceed $4,100,000.00), and any other amounts and/obligations secured thereby, dated April 14, 2014, and recorded April 16, 2014, as Reception No. 609484. 10. Release of the Deed of Trust from Aspen Waters LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of MidFirst Bank, to secure an indebtedness in the principal sum of $2,000,000.00 (not to exceed $4,100,000.00), and any other amounts and/obligations secured thereby, dated April 14, 2014, and recorded April 16, 2014, as Reception No. 609486. 11. Record a Statement of Authority to provide prima facie evidence of existence of Aspen Waters LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 12. A copy of the properly signed and executed Operating Agreement if written, for Aspen Waters LLC, a Colorado limited liability company, to be submitted to the Company for review. Copyright 2006-2009 American Land Title Association. All right reserved. AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members LAND T I T IA in good standing as of the date of use. All other uses are prohibited. A5500Al ION Reprinted under license from the American Land Title Association. 16003496 0 9 American Land Title Association Commitment No.: 16003496 13 14 15 16 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 Certificate of Good Standing from the Colorado Secretary of State for Aspen Waters LLC, a Colorado limited liability company. Additional Requirements may be included once the name of the Buyer is provided. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. This Title Commitment is subject to underwriter approval. 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 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 Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes and assessments for the year 2015 and 2016, and subsequent years, a lien not yet due or payable. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent dated July 3, 1911, and recorded August 26, 1949, in Book 175 at Page 299, as Reception No. 096828. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent dated August 21, 1958, and recorded August 29, 1958, in Book 185 at Page 69, as Reception No. 106874. 10. Any and all notes, easements and recitals as disclosed on the recorded Calderwood Subdivision Plat recorded December 29, 1961, in Plat Book 2A at Page 264, as Reception No. 112674. Copyright 2006-2009 American Land Title Association. All right reserved. AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. I ^ N O III 1I All other uses are prohibited. Reprinted under license from the American Land Title Association. A5SOCI Al ION 16003496 • 0 American Land Title Association Commitment No.: 16003496 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 11. Terms, conditions, provisions, agreements and obligations specified under the Restrictions for the Calderwood Subdivision dated August 2, 1962, and recorded August 2, 1962, in Book 198 at Page 436, as Reception No. 113792, and Restrictions for the Calderwood Subdivision dated December 7, 1962, and recorded December 17, 1962, in Book 200 at Page 263, as Reception No. 114591, and First Supplement to Restrictions for the Calderwood Subdivision, dated December 28, 2010, and recorded January 10, 2011, as Reception No. 576625, and the Second Supplement to Restrictions for the Calderwood Subdivision, dated November 19, 2013, and recorded November 27, 2013, as Reception No. 605972. 12. Terms, conditions, provisions, agreements and obligations specified under the Deed dated January 31, 1963, and recorded February 21, 1963, in Book 201 at Page 239, as Reception No. 114973. 13. Terms, conditions, provisions, agreements and obligations specified under the General Warranty Deed dated January 30, 1967, and recorded February 14, 1972 in Book 261 at Page 393 as Reception No. 150005. 14. Any and all notes, easements and recitals as disclosed on the recorded Improvement Survey Plat recorded November 16, 2010, in Plat Book 95 at Page 43, as Reception No. 575157. 15. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the City of Aspen, Colorado approving Historical Landmark Designation, Historical Landmark Lot Split, Establishment of a Historic Transferable Development Right, and Ordinance #48, Series of 2007 Negotiations for Preservation of Potential Historic Resources for the Property Located at 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado, dated November 5, 2010, and recorded November 22, 2010, as Reception No. 575316. 16. Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Aspen Historic Preservation Commission (HPC) Granting Major Development (Conceptual) and Residential Design Standards Variances Approval for the Property Located at 1102 Waters Avenue, Lot 2 of the Lot 14 Calderwood Subdivision Historic Landmark Lot Split, City and Townsite of Aspen, County of Pitkin, State of Colorado (Resolution #12, Series of 2011) dated October 12, 2011, and recorded October 19, 2011, as Reception No. 583682. 17. Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Board of Adjustment of the City of Aspen, Case Number 004-11, Request to Approve Two Driveway Access Points for 1102 Waters Avenue, Lot 2 of the Lot Split Exemption Plat of Lot 14 of Calderwood Subdivision, City of Aspen (Resolution No. 004 - Series of 2011) dated September 15, 2011, and recorded November 18, 2011, as Reception No. 584462. 18. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Exemption Agreement for 1102 Waters Avenue, dated December 6, 2011, and recorded December 6, 2011, as Reception No. 584839. 19. Any and all notes, easements and recitals as disclosed on the recorded Historic Landmark Lot Split Subdivision Exemption Plat, Lot 14 of Calderwood Subdivision, dated March 29, 2011, and recorded December 6, 2011, in Plat Book 98 at Page 86, as Reception No. 584840. Copyright 2006-2009 American Land Title Association. All right reserved. AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 1 A N" 1 1 I L 1 All other uses are prohibited. Reprinted under license from the American Land Title Association. AS SVCI AI 14-IN 16003496 C� C� American Land Title Association Commitment No.: 16003496 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 20. Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Aspen Historic Preservation Commission (HPC) Granting Major Development (Final) Approval for the Property located at 1102 Waters Avenue, Lot 2 of the Lot 14 Calderwood Subdivision Historic Landmark Lot Split, City and Townsite of Aspen, County of Pitkin, State of Colorado (Resolution #2, Series of 2012), dated January 25, 2012, and recorded February 16, 2012, as Reception No. 586751. 21. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit and Vault Agreement, dated July 17, 2015, and recorded October 30, 2015, as Reception No. 624533. 22. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Energy Underground Right -of -Way Easement, recorded October 30, 2015, as Reception No. 624534. 23. Any rights, interests or easements in favor of the United States, the State of Colorado or the public, which exists or are claimed to exist in and over the present and past bed, banks or waters of The Roaring Fork River. 24. Any increase or decrease in the area of the land and any adverse claim to any portion of the land which has been created by or caused by accretion or reliction, whether natural or artificial; and the effect of the gain or loss of area by accretion or reliction upon marketability of the title of the land. 25. Encroachments as follows: a concrete sidewalk across the southwestern portion of the property which provides access to the dwelling on adjacent Lot 1; a split rail fence which roughly follows the southwest property line but is not on the subject property. 26. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. Copyright 2006-2009 American Land Title Association. All right reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITtt AMICIAl IUN low 16003496 Commitment No.: 16003496 First American Title Insurance Co. EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Lot 2, as described on the Historic Landmark Lot Split Subdivision Exemption Plat of Lot 14 CALDERWOOD SUBDIVISION, recorded December 6, 2011, in Plat Book 98 at Page 86, Pitkin County, Colorado. ALTA Commitment 16003496 Exhibit A DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) 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 will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE. Colorado Division of Insurance Regulations 3-5-1 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." Pursuant to C.R.S. 10-11-122, the company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed,. leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 3-5-1, 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 from 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 material -men 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 un-filed mechanic's and material-men'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 the Date of the 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 the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. First American Title Insurance Company American Land Title Association Commitment No.: 16003496 First American Title Insurance Co. SCHEDULEB (Continued) ALTA Commitment Form Adopted 6-17-06 NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. First American Title Insurance Company 0 • ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public 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 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 Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on application or other forms. • Information about your transactions we secure from out files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • 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 customer 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: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • 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. TELEPHONE 970 925-7328 AA A FACSIMILE 970 925-7348 RECEPTION#: 60597 1/27/2013 at 01:44:22 PM, 1 0�8, R $96.00 Janice K. Vos C ill, Pitkin County, CO Attachment 5 SECOND SUPPLEMENT TO RESTRICTIONS FOR THE CALDERWOOD SUBDIVISION THIS SECOND SUPPLEMENT TO RESTRICTIONS FORTHE CALDERWOOD SUBDIVISION (this "Second Supplement") is made as of / 2 2013, by the undersigned lot owners of the Calderwood Subdivision (the "Lot Owners"). RECITALS: A. On August 2, 1962, Benedict Land and Cattle Company, a Colorado corporation ("Benedict Land and Cattle Co."), recorded those certain Restrictions for the Culderw•ood Subdivision (the "August 1962 Restrictions-) in the Pitkin County real property records (the "Records") in Book 198 at Page 436. At the time the August 1962 Restrictions were recorded. Benedict Land and Cattle Co. was the sole fee owner of all of the lots (i.e. Lots 1 through 14. inclusive) in the Calderwood Subdivision, B. On December 7, 1962, additional Restrictions for the Calderwood Subdivision (the "December 1962 Restrictions-) were recorded in the Records in Book 200 at Page 263 by Benedict Land and Cattle Co-, Storrs M. Bishop, Ill. Bruce La Favour, Samuel Ilenry Preston, III Julia Soule Preston. Ron A. Timroth and Zama M. Timroth. Such parties constituted the fee owners of all of the lots in the Calderwood Subdivision at the time the December 1962 Restrictions were recorded. C. The December 1962 Restrictions are similar in form and substance to the August 1962 Restrictions, although they include three additional provisions. which relate to the installation of utilities and easements granted in connection with same. as well as connection of the Calderwood Subdivision to a sanitary sewer system. The additional provisions included in the December 1962 Restrictions are set forth in Section 19.20 and 21 thereof. D. In accordance with the First Supplement to Restrictions for the Calderwood Subdivision (the "First Supplement") recorded in the Records on January 10, 2011 under Reception No. 576625. the owners of Lot 14 of the Calderwood Subdivision ubtnined approvals from the owners of at least seventy-five percent (75%) of the lots within Caldenvood lbr the re - subdivision of Lot 14 into two (2) lots in order to create a "historic landmark lot split" in accordance with City of Aspen Ordinance No. 23, Series of 2010, recorded in the Records on November 22. 2010 tender Reception No. 575316 (the "Lot 14 Historic Landmark Lot Split"). E. The Subdivision Exemption Plat for the Lot 14 Historic Landmark Lot Split was recorded in the Records on December 6.2011 in Plat Book 98 at Page 87 under Reception No. 584840. thereby creating two (2) lots. designated and described as Lot I of the Lot 14 Calderwood Historic Lot Split ('`I.ot 1 "), and Lot 2 of the Lot 14 Calderwood Historic Landmark Lot Split ("Lot 2"). F. Lot 2 was granted approval by the Aspen Historic Preservation Commission ("HPC") for development of a duplex structure on said lot, under HPC Resolution 2 (Series of 2012) recorded February 16, 2012 under Reception No. 596751 of the Records, which approval RECEPTION#: 60597 11/27/2013 at 01:44:22 PM, 2 0�8, Janice K. Vos Cau 1, Pitkin County, CO included HPC approval of architectural plans, specifications and a site plan, which are on file with the HPC. G. The August 1962 Restrictions and the December 1962 Restrictions call for approval of plans for proposed structures within Calderwood to be reviewed and approved by an Architectural Control Committee ("ACC"); however- no such contncitice currently exists. H. The undersigned owners of Lot 1 and Lot 2 have requested this Second Supplement from the Lot Owners to confirm that (i) the single -fancily dwelling on Lot 1 is permitted, (ii) Lot 2 is expressly permitted for the construction of and use as either a single- family dwelling or a duplex dwelling, (iii) if a duplex structure is constructed on Lot 2. the two units may be divided through the City of Aspen subdivision approval process and sold to separate owners, and (iv) the architectural plans, specifications and the site plan for a proposed duplex on Lot 2, as approved by the 11PC or City of Aspen, and any amendments thereto approved or otherwise allowed by HPC or City of Aspen, are liketwise approved by the Lot Owners. acting in their capacity as the successors in interest to Fredric A. Benedict, the original member of the Calderwood Subdivision Architectural Control Committee, as such committee is defined and described in Section 7 of the August 1962 Restrictions and in Section 7 of the December 1962 Restrictions. 1. There are fourteen (14) originally platted lots in the Calderwood Subdivision, known as Lots I through 14. As stated, Lot 14 was subdivided into two (2) lots, thereby increasing the total number of platted lots in the Calderwood Subdivisinn to fifteen (15). Thus, in order to waive or amend a covenant set forth in either the August 1962 Restrictions or the December 1962 Restrictions, written consent must be provided by owners ofat least twelve (12) of the fifteen (15) platted lots in the Calderwood Subdivision. SUPPLEMENT NOW, THEREFORE the undersigned Lot Owners of the Calderwoud Subdivision hereby agree and provide us follows: I. Single -Family Dwellinri Use of I.ot 1. The Lot Owners confirm that the single- family use of Lot 1 and the current dwelling on Lot 1 are permitted. 2. Single Family Dwelling.or Duplex lJse of�ot Notwithstanding any terms of the August 1962 Restrictions, the December 1962 Restrictions and the First Supplement to the contrary, Lot 2 is expressly permitted for the construction of and use as either a single-family dwelling or a duplex dwelling. To the extent that any provisions of the August 1962 Restrictions, the December 1962 Restrictions or the First Supplement prohibit or restrict the use of Lot 2 for such uses, such provisions are hereby waived. 3. Further Subdivisjgt-of Lot 2. In the event a duplex stnicture is constructed on Lot 2. the two units may be divided through the City of Aspen subdivision approval process, by condominiumization or otherwise, and sold to separate owners. To the extent that the provisions of the August 1962 Restrictions. the December 1962 Restrictions or the First Supplement RECEPTION#: 60597�11/27/2013 at 01:44:22 PM, 3 C 8, Janice K. Vos Cau 1, Pitkin County, CO prohibit or restrict the subdivision of Lot 2 for the separate sale of duplex units. such provisions are hereby waived. 4. Approval of Duplex Plans for Lot I The undersigned Lot Owners, acting as the successors in interest to Fredric A. Benedict, the original member of the ACC, hereby approve the architectural plans, specifications and the site plan for the proposed duplex on Lot 2 that have previously been approved by the HPC or City of Aspen, as well any future modifications, amendments or other changes to such plans which are approved or otherwise allowed by the HPC or City of Aspen. To the extent that the provisions of the August 1962 Restrictions, the December 1962 Restrictions or the First Supplement require ACC approval of architectural plans, specifications or site plans, or otherwise require compliance with any design guidelines. such provisions are hereby waived. 5. l affect Except as expressly provided in this Second Supplement, the August 1962 Restrictions, the December 1962 Restrictions and the First Supplement are hereby ratified, and are not waived or otherwise altered or modified in any way and shall remain in lull lbrce and effect. 6. Binding Supplement. This Second Supplement shall he effective upon being executed by owners of seventy-five percent (75%) of the lots in the Calderwood Subdivision (i.e., by owners of a least twelve 02) of the fifteen (15) platted lots in the Calderwood Subdivision) and being filed for recording in the Office of the Clerk and Recorder for Pitkin County. Colorado, and thereupon shall be binding upon all Lot Owners of the Calderwood Subdivision. 7. Counterparts. This Second Supplement may bL executed in counterparts and by the different parties on different counterpart signature pages. Additionally, the executed counterpart signature pages may be collated in any order, and upon the execution of owners of at least twelve (12) lots in the Calderwood Subdivision, this Second Supplement together with such twelve (12) executed counterpart signature pages (or more, as applicable) shall constitute one complete original. lRemainder of Page Intentionally Left Blank; Signature Pages Follow) RECEPTIONV 60597 11/27/2013 at 01:44:22 PM, 4 t 8, Janice K. Vos Cau 1, Pitkin County, CO 1025 Waters Avenue Lot 1, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged, HILCORP REALTY, LLC, a Texas Limited Liability Company ay: Name Fr-ele /cfe Kati oC Title: e- STATEOF ss. COUNTY OF The foregoing instrument was acknowledged before me this IV day of 2013, by JEFF',fiZ r/ ,o. W, as of Hilcorp Realty, LLC, a Texas Limited Liability Company. Witness my hand and official seal. My commission expires Q-/S-Iq �A�^ ��ly. J. E PFAILPS N. �' MYCOMMISSIONEXPIRES AL19M I5, 2014 Q Z. x Notaryblic RECEPTION#: 60597 11/27/2013 at 01:44:22 PM, 5 t 8, Janice K. Vos Cau 1, Pitkin County, CO 1103 Waters Avenue Lot 3, Culderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. 73FW-RY D. IIILUE—B D STATE OF TPKgs _ ) COUNTY OF NayThe foregoing instrument was acknowledged before me this 19' day of enbP,,n 2013,by.teffmD.Hildebrand. Witness my hand and official seal. My commission expires: 8'15 -1v ,� Notdfj Public ����^ --------- J. E. PHIWPS MYCOMMISSIONEXRRES t J NgaM I 2014 RECEPTION#: 6059'l 11/27/2013 at 01:44:22 PM, 6 �18, Janice K. Vos Cau 1, Pitkin County, CO 1113 Waters Avenue Lot 4, Caldenvood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made. certified and acknowledged. '- ML•LINDA B.IIILDEBRAND STATE OF t�)C _----- ) ss. COUNTY OF #Rr��� _.___) The foregoing instrument was acknowledged before me this LI-1 day of `V 2013, by Melinda B. Hildebrand. Witness my hand and official seal. My commission expires: J.E.PHUM — — I_ ...,... , Not Public L MY COMMISSION EXPIRES �p'llc AujW 16, 2014 RECEPTION##: 60597 1/27/2013 at 01:44:22 PM, 7 O 8, Janice K. Vos Cau 1, Pitkin County, CO 0 1118 E. Waters Avenue Lot 6, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. D ORN STATE OF MASSQc %�sC i ) ----- ) ss. COUNTY OF �ZS SC 1 The foregoing instrument was acknowledged before me this J_L day of jV0,tf (�-bt,K , 2013, by Frederic B. Horne. Witness my hand and official seal. '0 ;0.4 ' My commission expires: _ i � _ aoAi Not ublic RECEPTIONV 60597 11/27/2013 at 01:44:22 PM, 8 C*8, Janice K. Vos Cau 1, Pitkin County, CO 1116 Waters Avenue, Units 1, 2, 3 and 4 Lot 7, CWderwood Subdivision IN wCINF.SB WHEREOF, this Seoond Supplemart is hereby made, cerEfied and wjmowlMged. Uoit 1 and Vah 21 UTE WATERS LLC Br— TWO: i7 W STATE OF /!.'a 4, i_ 1 sa. COUNTY OF C o o k. 1 The foregoing insisumeat was acknowledged before me this W-day of .2D13, 1-- a- e, "aln e r as D�an-e f ofUte waves LTC. Witness my hand and official seal. My commission expires MARY D CHI NOTARY PUBLIC • $T MY cOWSSION EXPIRESI MMS 10 RECEPTION##: 60597 1/27/2013 at 01:44:22 PM, 9 00, Janice K. Vos Caudi 1, Pitkin County, CO 1116 waters Avenua, Units 1, 2,3 and 4 Lot 7, Cdderwood Subdivision IN'4PITNESS VMXREOF, this Seoomd Supplew*U is beroby muds, certified and adatowlod�od. -Unit 3, — — — — — UNIT 3, LLC, a Cakrado linked habit cmPwy Name, Vda: ' STATE OF COUNTY OF < < "IL ) I he�g inetnunent wea wAm*v kds*d bofm me this �d✓t 2U13,by rl Maih— as (4 .& cr 00ne� of Unit 3, LLC, a Colorado Hmited liability 0-0p-y- wimeu my band and otkcia] seal.J� My comtniaaion a a: OFFICIAL SEAL Notary o MARY D CHILDERS NOTARY PUBLIC • STATE OP auNas MY COMM6SION EXPIRW IMS RECEPTIONV 60597 1/27/2013 at 01:44:22 PM, 10 8, Janice K. Vos Cau 1, Pitkin County, CO 1116 Waters Avenue, Units 1, 2, 3 and 4 Lot 7, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made,.certifted and acknowledged. Unit 4: THE MIKE RESNICK TRUST AGREEMENT By; Name: C_ Title:_ SUZANN 1. SNICK STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this �" day of r�C?VpmV r 2013, by(Arol �i�z�,�n 4te ni_ V- as (Jw vim.✓ of The Mike Resnick Trust Agreement. Witness my hand and official seal. My commission expires: CHRISTOPHER SPRANER STATE OF Notary Public ss. State of Colorado ID 214026208 COUNTY OF ) Yv Cnmmt ssitnn Eooln■ Anr 24 The foregoing instrument was acknowledged before me this _ day of 2013, by Suzann L. Resnick. Witness my hand and official seal. My commission expires: 12 Notary Public RECEPTION#: 6059721/27/2013 at 01:44:22 PM, 11 d*8, Janice K. Vos Caud 1, Pitkin County, CO 1112 Waters Avenue Lot 9, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. RG W. HAYES --------p �zGD JOHN HAYES STATE OF 1�1Z1CLd,0 -) ss. COUNTY OF The foregoing instrument was acknowledged before me this 15 day of N0 Vr,M 0-(. V , 2013, by Georgeann W. Hayes and John Hayes. Witness my hand and official seal. My commission expires: v � �1 f%1)1 LP I MENENDEZ Not Publi RY PUBLICF COLORADOD 2012403882DXPIRES JUL, 2016 14 RECEPTION#: 60597 1/27/2013 at 01:44:22 PM, 12 t 8, Janice K. Vos Cau , Pitkin County, CO 1110 E. Waters Avenue Lot 10. Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made. certified and acknowledged. Till COLEMAN FAMILY TRUST WILLIAM T. COLEMAN lll. Trustee Aza�. C' EMAN. Trustee +muunnunnuunluuuu�.: , - MELODYCOMPTON STATE OF Ca �; t a{ rn Q COMM. C-CM O _. ) � NOTARV PUSUC-CAlJFOaN, �. SAN MATEO COUNTY OF sa ri �a 0 to � a ) unnCOMM.OWtREB DEC. te, 201: COUNTY -- �unnnunnrnunuunr The foregoing instrument was acknowledged before me this LCAday of i� t'p-m 4V\ .2013. by William T. Coleman III, as a Trustee of The Coleman Family Trust - Witness my hand and official seal. My commission expires: (1 'LH.t�vl 1 Notary Public .1ulluunnunU Ill 11111114111 nnn. ME(ADY t,OMPTON STATE OF Ca.1� � '" COMM. N19ow" NOTAFtYPusuc.cwroaNw `) COUNTY OFlti� C�l�) Ss. SM MATEO COUNTY COMM. EJO'�RES DEC. 1 S, 201 e �unnnnn..run+ruu.u.ruun� The foregoing instrument was acknowledged before me this lSNay of No 2ttrt �pv/) . 2013, by Claudia L. Coleman Ill. as a Trustee of The Coleman Family Trust.. Witness my hand and official seal. 1' My commission expires: b2WLWA f7t cw .'Votary Public l5 RECEPTION#: 60597 1/27/2013 at 01:44:22 PM, 13 t 8, Janice K. Vos Cau , Pitkin County, CO 1108 Waters Avenue Lot 11, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. NOILMA JANE • 1 STATE OF 0,(9 /6 K NDO ) SS. COUNTY OF rp� TfCi/✓ ) The foregoing instrument was acknowledged before me this /-/ day of PjOVPmtloerl , 2013, by Norma Jane McClain. Witness my hand and official seal. My commission expires:-3d-.�b�� Notary Public tipulki t%ntil(t Mohlry�bfl R� a Gblortlo M oyIDZX M 16 RECEPTION#: 60597 1/27/2013 at 01:44:22 PM, 14 8, Janice K. Vos Cau , Pitkin County, CO 1106 Waters Avenue Lot 12, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged, %Kr�� Ion MARY HO MBS THOMPSON STATE OF COUNTY OF l ►g The foregoing instrument was acknowledged before me this day of f`�(N6M'QPGX. , 2013, by Mary Holmes Thompson. Witness my hand and official seal. My commission expires:?A/1S Notary P 1 19BN FDuOUOAT0App Ee:ofTu E*a 17 RECEPTIONV 60597 1/27/2013 at 01:44:22 PM, 15 �18, Janice K. Vos Cau 1, Pitkin County, CO H 04 E. Waters Avenue Lot 13, Calderwood Subdivision IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. F NDA DE NE PAT CHARLESPATERSON STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this lAday of r?k—Ley� , 2013, by Fonda Dehne Paterson and Charles Paterson. Witness my hand and official seal. My commission expires: JIYEONO PINE No ub is NoUq Public 91 Cobn00 18 RECEPTION#: 60597 1/27/2013 at 01:44:22 PM, 16 �]8, Janice K. Vos Cau 1, Pitkin County, CO 1096, 1098 and 1102 Waters Avenue Lot 14, Calderwood Subdivision (aka Lots I and 2, Lot 14 Calderwood Historic Lot Split) IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. � � I STATE OFC o(o,(rx 0 ) ss. COUNTY OFA VICA Pa 6 CC-- ) The foregoing instrument was acknowledged before me this day of 1Jo�e vt(�P ✓ , 2013, by Bonnie Geary Grenney. Witness my hand and official seal. My commission expires: 0 a' I r-- EDDIE GONZALEZ Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134029975 MY COMMISSION EXPIRES MAY 03, 2017 15 RECEPTION#: 60597�1/27/2013 at 01:44:22 PM, 17 �8, Janice K. Vos Cau , Pitkin County, CO 1096, 1098 and 1102 Waters Avenue Lot 14, Caldenvood Subdivision (aka Lots 1 and 2, Lot 14 Calderwood Historic Lot Split) IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged, WILLIAM SCOTT GEARY STATE OF 001ir jv ) COUNTY OF /F/ss. The foregoing instrument was acknowledged before me this /d, day of AD 11 , 2013, by William Scott Geary. Witness my hand and official seal. My commission expires: D (1 - 01-/ - C�0/� ARMINDA FINUCANE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20014016947 My Commlulon Expires dune 4,207 16 (��' �-44z� Notary Public RECEPTION#: 605972&1/27/2013 at 01:44:22 PM, 18 #8, Janice K. Vos Cau , Pitkin County, CO 1102 Waters Avenue Lot 14, Calderwood Subdivision (aka Lots 1 and 2, Lot 14 Calderwood Historic Lot Split) IN WITNESS WHEREOF, this Second Supplement is hereby made, certified and acknowledged. 4SUSGEARY4GRIFF STATE OF Cal,ii ss. COUNTY OF 1flCxat' —) The foregoing instrument was acknowledged before me this) - day of %O0emb- 2013, by Susan Geary Griffin Witness my hand and official seal. My commission expires: -2- C) �o _ SARAH L. HAMPTOt� Notary Public COMM.111880112 m WNOTMY PUKX • CALIFONMA y SONOMACOUNTY My Caren. E4k., Mry ee, zole 65011421 Attachment 6 PLAT OF ASPENIWATERS RESIDENCES LOT 2 OF THE HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION PLAT OF LOT 14 OF CALDERWOOD SUBDIVISION RECORDED PLAT BOOK 98 AT PAGES 86-87 SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO IA' GRAPHIC SCALE TITLE COMMITMENT SCHEDULE B2 EXCEPTION NOTES: THE PURPOSE OF THIS PLAT IS TO CONDOMINIUMIZE THE PROPERTY PURSUANT TO THE 8. THIS PROPERTY IS SJE6ECT TO RIGHT O WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY PROCEDURES ESTABLISHED IN THE CITY OF ASPEN LAND USE CODE SECTION 26.480.050.A. OF THE UNITED STATES ATRESERVED IN UNITED STATES PATENT DATED DULY 3, 1911 AND RECORDED AUGUST 26. 1949, IN BOON 5 AT PAGE 299, AS RECEPTION NO. OBBB26 AFFECTS THEPROPERTY BUT DOES NOT HAVE A DESCIBP WHICH CAN BE PLOTTED. 9. THIS PROPERTY IS SUBJECT TO GHT OF WAY FOR OIOES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVEbIN UNITED STATES PATENT DATED AUGUST 21, 1956, AND RECORDED AUGUST 29. 1958, IN BOG( 185 AT P 69. AS RECEPTION NO. 106874. AFFECTS THE PROPERTY BUT DOES TITLE CERTIFICATE NOT HAVE A DESCRIPTION WHICH CAN "OTIED. 10. THIS PROPERTY IS SUBJECT TO ANY NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THETHE UNDERSIGNED A ONLY AUIHOI2ED REPRESNTATVE OF ATTORNEYS TILE WSNAINGE AGENCY RECORDED CALDERWOOD SUBDM913N RAT RECORDED DECD93ER 29, 1961 N PLAT BOON 2A AT PAGE 264, O ASPEN. LUG REGISTERED TO DO BUSINESS IN PITKIN COIMTY, CGORA00, HAS FJLWNED THE AS RECEPTION No. 112874. AFFECTS THE PR BUT DOS NOT HAVE ANY EASEMENTSW1101 CAN BE TIRE TO ALL LANDS SHOWN UPON THIS RAT OF ASPM/WATEBS WSD94MS AND THAT TITLE TO PLOTTED. SUCH LANDS IS VESTEDN ASPEN WATERS LLC, A COLORADO LIMITED UABETY COMPANY IS FREE AMID GEAR OF ALL MIENS TAIE9 AND FNGA6RANQ5, EXCEPT THOSE ITEMS SHOWN AND LISTED N 11. THIS PROPERTY IS SUBJECT TO TERMS, GONOTON� PRIONS, AGREEMENTS AND OBUCATONS SPECIFIED THE EX ET10N NOTES HEREON UNDER THE RESTRICTIONS FOR THE CALDERWDOD SIBDAI9ONOVISEMDATED AUGUST Z 196Z AND RECORDED AUGUST Z 196Z N BOO( 198 AT PACE 436. AS RECEP'NIGN NO. 11379Z AND RESTRICDONS FOR THE DATED T TS DAY OF 2010. 10^2009 CITY OF ASPEN CALDERWOOD SUBDIVISION DATED DECEMBER 7, 1962. AND WECORDED DECEMBER 17, 1962. IN BOOK 200 AT GPS CONTROL PAGE 263. AS RECEPTION NO. 114591. AND FIRST SUPPLEMENT TO RESTRICTIONS FOR THE CALOEIW000 SREIVISON, DATED DECEMBER 28. 2010, AND RECORDED JANUARY 10. 2011, AS RECEPTION NO. 576625. AND / MONUMENT GIPS-4 THE SECOND SUPPLEMENT TO RESRBCTONS FOR THE CA,MERW000 SUBDIVISION, DATED NOVEMBER 19, 2013, SUED / I AND RECORDED NOVU13ER 27. 2013. AS RECEPTION NO. 605972>\AFFECTS THE PROPERTY BUT DOES NOT ATTORNEYS TITLE NSIRAINCE AONY OF ASIVL LLC HAVE A DESCRIPTION WHICH CAN BE PLOTTED. \ ` 713 WEST MAIN STREET, SATE 202 ASPEN. C0 61611 /bra I 12. THIS PROPERTY IS SUBJECT TO TERMS. CONDITIONS. PROVISIONS, `4(iEEMENT4 AND OBLIGATIONS SPEOFIED UNOA THE DEED DATED 31, i963, AND RECORDED FTEBRUAR 11, 1963, IN BOOK 2O Al PAGE 239, 200y CITY OF AipIN Iz JUlAIARY AS RECEPTION NO. 114973. AFFECTS THE PROPERTY TO THE EXTENT OF\j E. RIGHT AND PRIVILEGE OF THE bib /F' IJ� GIPS CONTROL PUBUC FOR WADING IN THE ROARING FORK RIVER FOR THE PURPOSE OF FISHING. py/�• I� MONUMENTGPS-1 11 TERMS CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATORS SPEORED UNDER THE GENERAL y b I NOTE WARRANTY DEED DATED JANUARY 30, 1967. AND RECORDED FEBRUARY 14, 1942 IN BOOK 261 AT PAGE 393 AS RECEPTION NO. 150005, THIS DOCUMENT IS ILLEGIBLE AND THE CONTENTS CANNOT BE CONFIRMED. OWNERS CERTIFICATE / _ I_ (� FUND PWOI HOE IN S 6°JUHD 33nW7Y1I 0.1W 14. T115 PROPERTY 6 SUBJECT TO ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED IMPROVEEENT SURVEY RAT RECORDED NOVEMBER 16, 2010. IN PUT BOOK 95 AT PAGE 43. AS MOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED. ASPEN WATERS LLC, COLORADO UNITED UABIUN COMPANY. BENC ME OWNERS IN RE SIMPLE OF LOT 2. HISTORIC LANOWN LOT S'UT SILFWVISON EXEMPTION RAT OF LOT 14 CA DERWOOI lu Fj ACCOMENC ro FHOFRIY DWNT TIE 6TFII BOJRD WAS RAAFD PNNDOIY BY ION NW . xtogm 10 BE POPh`,OY O °� TM RECEPTION NO. 575157, AS SHOWN HEREON AFFECTS ALL OF LOT 2. SUWIVISON, DOES HEREBY CERTIY THAT THIS RAT OFASFEN/WATERS REWENCES L�r \ HAS BEEN PREPARED PURSUANT TO AND FOR THE PURPOSES STAID IN THE \ 15. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND'MUCATCNS SPECIFIED UNDER AN ORDINANCE OF THE CITY COUNCIL OF TIE CITY OF ASPEN, COLORADO APPROVING HISTORCAL DEGNUTION FOR ASPEN/WATORS RESIDENCES. RECORDED 2016 AT RECEPTION NO. N THE OFFICE OF THE CLERK AND LANDMARK DESIGNATION. HISTORICAL LANDMARK LOT SPUT, ESTABLISHMENT O A HISTORIC TRANSFERABLE REOWDER OF RTKN COUNTY, COLORADO. 'b' I n• OP DEVELOPMENT RIGHT. AND ORDINANCE ANj48, SERIES OF 2007 NEGOTIATIONS FOR PRESERVATION POTENTIAL RESOURCES PROPERTY y, it h '� 28.77• HISTORIC FOR THE LOCATED AT 1102 WATERS AVENGE, LOT 14. CALDERN000 SU®IN9ON, CITY AND TOWNSITE OF ASPEN, COLORADO. AND RECORDED EXECUTED THIS DAY OF206. r�TA ACCESS A DATED NOVEMBER 5, 2010. NO`EMBER 22, 2010, AS RECEPTION NO. 575316. AFFECTS TIE PROPERTY BUT DOES NOT RAVE A 4 GANDSCME IRI DESPTON WHICH CAN BE PLOTTED. \� DER 2ry� PUT BOOK 98 PAGE 16. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED ASPEN WATERS LLC, A OOLORI00 LAMM UABl1TY COMPANY 2NV' 86-87 UNDER A RESOLUTION OF THE ASPEN HISTONC RESERVATION COMMISSION (HPC) GRANTING MAJOR \ G3 p• / WELL DEVELOPMENT (CONCEPTUAL) AND RESIDENTIAL DESIGN STANDARDS VARIANCES APPROVAL FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE, LOT 2 OF THE LOT 14 CKDERW000 SUBDIVISION HISTORIC LMONARK LOT BY: LAGWE SEWLL CAPPELLO, MANAGER / xt / SPLIT. CTY AND TOWISTE O ASPEN. COUNTY OF PITKIN, STATE O COLORADO (RESOLUTION /12, 1RERIES OF STALE OF COLORADO @ / 2011) DATED OCTOBER 1Z 2011, AND RECORDED OCTOBER 19, 2011. AS RECEPTION NO. 58.1682. AFFECTS THE N0.4'NBeAR / PROPERTY BUT DOES NOT HAVE A DESCRIPTION W IC H CAN BE PLOTTED. CONEY O PITKIN ) 17. TMS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME INS UNDO A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY O ASPEN, CASE NUMBER 004-11;• REQUEST TO APPROVE TWO DRIVEWAY ACCESS POINTS FOR 1102 WATERS AVENUE, LOT 2 OF THE LOT ta DAY OF 2016. BY LANE ARA SEYEEL CAPPELLO. AS MGR OF ASPEN WATERS U.C. EXEMPTION PAT OF LOT 14 OFCN.DERWDDD SUBDIVISION, CITY OF ASPEN (RESOLUTION NO. 004 - SERIES OF 2011) DATED SEPTEMBER 15. 2011, AND RECORDED NOVEMBER 111, 2011, AS RECEPTION NO. 584462. `, AFFECTS THE PROPERTY BUT DOS NOT HAVE A DESCRIPTION WHICH CAN BE PLOTTED. `i, WITNESS MY HAND AND O1H3A SEAL 18. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIHED UNDER THE SUBDIVISION EXEMPTION AGREEMENT FOR 1102 WATERS AVENUE, DATED DECEMBER B. 2011, Aw RECORDED DECEMBER 6 2011 AS RECEPTION NO. 554839. AFFECTS THE PROPERTY BUT DOES NOT HAVE A' MY COMMISSION EXPIRES: ( IN FEET ) I inch - 10 TL LEGEND * WATER SETOFF ® DRY WELL 11 GAS IEIER ❑ CATV PEDESTAL 0 TELEPHONE PEDESTAL ELECTRICAL TRANSFORMER El ElECTIC& METER 0 SANITARY GEA1-OUT m SANITARY MANHOLE W A ELECTRIC PEDESTAL LIENHOLDER CONSENT CERTIFICATE THE UNDERSGNED LIEN HOLDER HBEBY APPROVES THE RECORDING OF THIS PLAT O 'aEN /WATER<_ RESPIENOS AND SUBORDINATESUBORDINATESITS LEN RECORDEDINED THE PITON COUNTY RECORDS AT RECEPTOR NUMBER 609454 AND 609486 TO THIS PUT AND THE DEGMATON UTDINED TO N THE OWNERS CERTIFICATE. NAME TITLE STATE OF COLORADO ) ) SS COLNTY OF RTION ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY O 206. ASPEN UBIER TNWNHWSE` BY THE R WITNESS YT HAND NO OFFiCIA AL SE PARDEL NO. 2-162-NO-6N MY COMMISSION EE"ES TDLOI PlAS11C GP LS Na1f111 UNIT 1 LOT AREA 2,349 ± SQ.FT. NOTARY PUBIC APPROVED TOP '.�OF SLOPE UNE ZONE AE _5 0, SORRIER PLAT BOO( 90 �LOMITS PER FEMA MAPS -. \PAGE 8B-8/ TOWNHOUSE 1096 WATERS AVENUE DESCRIPTION WHICH CAN BE PLOTTED. R W \ 19. THIS PROPERTY IS SUBJECT TO ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE. NOTARY PUBLIC \\ RECORDED HISTORIC LINO/ARK LOT SPLIT AIBOVI9ON EXEMPTION PUT, LOT 14 OFCAlOERWOOD SUBDIVISION;, S DATED MARCH 29, 2011, AND RECORDED DECEMBER 6. 2011. IN RAT BOOK 98 AT PACE 06, AS RECEPTION �\ No. 504840. BUILDING ENVELOPE AND SETBACKS AS SHOWN HEREON AFFECTS ALL OF LOT 2. \\ tr31 42' 20. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, FROMSIONS, AGREEMENTS AND OBUCATIONS SPECFEO SURVEYOR'S CERTIFICATE \\ R=111 7B• UNDER A RESOLUTION O THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTNG MAJOR I, THAT \ \ L-61'58' DEVELOPMENT (FINAL) APPROVAL FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE. LOT 2 O THE LOT RODNEY P. KISER, DO HEREBY STATE I AM A REGISITAM LARD SURVEYOR u�NSED UNDER THE LAWS O 11E STALE O COLORADO, THAT MS RAT IS A iTIUL \ T=31.59' 14 CNDERMOW SIIBDIVI9ON MSiOBC LANDMARK LOT SPLIT, CTY AND li)WN9TE OF ASPEN. COUNTY O CORRECT .0 COMPLETE MAP O THE PUT O ASPEN/WA1ER5 RESIDENCES AS LAO \ C8=N4T55'51•W PITKIN, STATE O COLORA00 (RESOLUTION JZ SERIES OF 2012). DATED JANUARY 25. 2012, AND RECORDED FEBRUARY 16, 2012, AS RECEPTION NO. 585751. APFECTS THE PROPERTY BUT DOES NOT HAVE A OES70PT1ON OUT, RATTED, DEDICATED AND SHOWN HEREON, THAT SIGH PUT WAS MARE FR011 AN 'AOLRATE SURVEY O SN0 PROPERTY BY ME AND UNDER MY SWEHVI9ON AND C=60.80' `\ WHICH CAN BE PLOTTED. DORECT.Y SHOWS THE LOCATION AID DIMENSIONS O THE LOTS, EASEMENTS TBACKS AND 07 ER ENCUMBRANCES IN EVIDENCE OR KNOW TO ME. LINEAR ERROR \ s/¢ 21. THIS PROPERTY IS SUBJECT TO TERMS. CONDITIONS. PROVISIONS, AGREEMENTS AND OBLIGATDS SPECIFIED CL09JE IS LESS THAN 1/15.000. \ \ UNDER THE TRENCH, CONDUIT AND VAULT AGREEMENT. DATED JILY 17. 205, AND RECOBDED OCTOBER 30. 2015. AS RECEPTION NO. 624533. AFFECTS THE PROPERTY BUT DOES NOT HAVE A DESCRIPTION WHICH CAN BE PLOTTED. WITNESS WEREOF I HAVE SET MY HAND AND SEAL THIS _ DAY O \ \ Og AD. 2016. \ -\ \ 22. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS. AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT, RECORDED OCTOBER 30, 2015. AS \\ \\ $ RECEPTION NO 524534. 10 FEET WOE CENTERLINE O WHICH IS THE UNDERGROUND POWER LINE AS EY P. KISR. RS NO. M215 \ \ CONSTRUCTED AS SHOWN HEREON AFFECTS ALL O LOT 2. COUNTRY ENGNEER, ING 151 BITE AKME SUITE IN \ \ \ \ 23. THIS PROPERTY IS SUBJECT TO ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR O THE UNITED STATES, THE STATE O COLORADO OR THE PUBLIC, MICH DOSTS OR ARE CLAIMED TO EAST N AND OVER THE SPRINGS, CO 0160 \ 970- 45-8676 \\ WATERS \ PRESENT AND PAST RED, BANKS WATERS OF THE ROARING FORK RIVER AFFECTS THE PROPERTY BUT DOES NOT HAVE A DESCRIPTION WHICH CAN BE PLOTTED. \ \ \ AVENUE \ \ 24 THIS PROPERTY IS SUBJECT TO ANY INCREASE OR DECREASE N THE AREA O THE NAND AND ANY \ \ ^ \ \ \ N1474'46•E BY IN CAUSED BY ACCRETION ON AOVERSE CWY TO ARY PORTION O THE LAND WINK HAS BEEN CREATED GAIN REJCIION. WIENER NATURAL OR ARTIFICIAL, FIND THE EFFECT O THE GNN OR LOSS O AREA BY \ \ \ (60 PUBUC .0. .j \\ ASPHALT \ BIW.DINC IS ON- \\ •9 PRaPEATY lINE t ACCRETION ON REACTION UPON YARKETABIUTY O THE TTIE OF THE LAID. AFFECTS THE PROPERTY BUT DOES NOT HAVE A DESORPTION WHICH CAN BE PLOTTED. j NOTES: \ ROADWAY \ \ \ 1. B O BEARINGS FOR THIS PLAT IS A BEARING O N151WIG`E BETWEEN CITY O ASPEN GIRS \ \\ \\ \ CLERK AND RECORDER'S CERTIFICATE IY:NTS NO. I AND NO. 4 AS SNOW HEREON. \ THIS RAT WAS FEED FOR RECORD N THE OFFICE O THE CIE K AND RECORDER O PITKIN COUNTY AT 2. DATE O FEUD SURVEY: MARCH 15. 2016. \ \ \ \ \ OCUO0 M ON ME _ DAY O AD. 2016, AND IS DULY RECORDED N BOdC � PAGE _� RECEPTION NO 3. LINEAR UNITS USED TO PERFORM EMS SURVEY WERE U.S. SURVEY FEET. \ \ 4. THIS SURVEY IS BASED ON THE HISTORIC LANDMARK LOT SPIT SUBDIVISION EXEMPTION PLAT LOT 14 O CALDERWOOD SUBOM9ON AND COMERS FOUND IN PUCE AS SHOWN HEREON. By. 5. THIS FLIT DOES NOT CONSTITUTE E TILE SEARCH BY HIGH COUNTRY INC. FOR ALL \ \\ •\ / CIEW( ACID fnC01DFA , F RECORD, H INFORMATION ENGINEERING. . 16003 TILE O RECORD, HIGH COUNTRY EEGRO EASEMENT, COMMITMENT ENGINEERING, INC. REJED UPON TITLE NO. ISSUED ATTORNEYS TITLE \\ BRUAR86 AGENCY O ASPEN, LLC, EFFECTIVE DATE: FETRUARY 29, 2Q6. . INSURANCEFICTIVE DATE: \ •, / BY OFPIJIY \ � \ [\ u. Iw Nusr ao.nrtc rAY Irrx °A a \ \ \ •\ MAgnlvan .10nr I�FTTr�uo TINS IFFY rTIWH MAY N ac � «r°mF�m N 1"d1i« ax0°�Pcr' Nc mNv °NIn1°i1y- 1FANs rN°N M DATE � HnrnrwllN W1DNN IDc°A VICINITY MAP SCALE I' - 1.00(r CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL a O THE APPLICATION F MS RAT HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WTH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF AS" COMMUNITY DEVELOPMENT DIRECTOR MSS DAY OF O 2016. TO TIME DXIEMNT THAT ANYTHING N TARS RAT IS "CONSISTENT z OR IN CO FUCT VA ANY OTY O ASPEN DEVELOPMENT ORDERS RELATING TO THEE: -_ OMVOINUMS OR ANY OTHER PROVISIONS O APPLICABLE LAW, NCLUONG BUT NOT LIYIIID TO OTHER APPLICABLE LAND USE REGUUTONS AND BUILDING LOOM 9101 OVER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL BY: COMMUNITY DEVELOPMENT DNECTOR-CITY O ASPEN, CUDRADO CITY OF ASPEN ENGINEER'S REVIEW THIS RAT WAS RENEWED FOR THE DEPICTION O THE ENONEERING DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 2016. BY: ENONEIII OTY O ASPEN, COLORADO " s.INIY wTlcSs aYNNR " �O fOUNo 1-1/F URINQ T'1^ Z� P/STIC W IS NOtYY6 7f ;G`t EDGE OF WATER NN 4 DECK UU Jg�4 f �eD T\ S8g?3zy F TOWNHOUSE 1098 WATERS AVENUE 26'02•E L31' UNIT 2 LOT AREA EIX 2,349 ± SQ.FT. 70 Ifµ \ \ ..E W"'DR CARE) GENERALCOMMON \ ELEMENT\ 2,4391 SQ.FF. \ \ TT 7� \ 0`O vs5 TILL \ BUILDING EN1410PE PUT BOOK 98 PACE 86-87 -Faro 1-1/4' YDLW PL/STIC CAP MANED PRO GONER HQ 15E145WW (1WW'!L) v- 00• k5 \ 6 'lAo / y 0 D 47 •k, \ t0.0W wi1f1• fUNo 1-1/4' \ RwsnG CJPP: Fuasn%CW LS Noui�5 \ APPARENTJ LOT i HISTORIC LANDMARK MEAN HIGH WATER LINE cD1eNm \ MANGE N0.1WW \ LOT SPLIT / SUBDIVISION / EXEMPTION PLAT LOT 14 CALDERWOOD / SUBDIVISION / / / / / FOR / LIMIN Y / DN-20-I6 �CVI A O N 10 R G0 W TO WI-0^O Z IWUs u z z0� Z Z wbDE u W >. W EI):cIpA g o m r D Z , zZ: N W N O ^�z U $ ..=n a V N W U WO J ❑ A= n� W� wO � wJ In 3: W V Z as �a Wa (L 1N a PROJECT NO. 2161639 1 OF 1 �r 22 16 11:39a is Ottachment 7 Ms. Laurie Sewell Cappello Manager Aspen Waters LLC 3501 Cross Creek Lane Malibu, CA 90265 (310) 317-9244 April 2016 Ms. Hillary Serninick City of Aspen Community Development Department 130 S. Galena Street, 31d Floor Aspen, CO 8 1611 RE: Owner's Authorization 1 1096/1098 Water Avenue - Subdivision - Condominium Plat Dear Ms. Seminick: This letter is to certify that I, Laurie Sewell Cappello, Manager of Aspen Waters LLC, owner of the property located at 1096/ 1098 Waters Avenue, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen regarding the submission of an application for Subdivision - Condominium Plat. Aspen Waters, LLC has retained this firm to represent us in the application for this project. If you have any other questions regarding this matter, please contact me. Stan Clauson Associates' contact information is as follows. Stan Clauson, AICP, ASLA Sian Clauson Associates, Inc. 412 N Mill Street Aspen, CO 81611 Tel (970)925-2323 Fox (970)920-1628 Very Truly Yours, rie Sewe Cappe Manager Aspen Waters LLC • /Wachment 8 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner orAttorney representing the property owner. Name: AS en �`�i'er5 L1,C, Property P Owner("I'T Email: la�r�ec P��I(oeM9c,�n, Address of I F(C- / I OS S W c/�xs A ven u p, Property: (subject of �'S 7 C� application) I certify as follows: (pick one) Phone No.: 31 p _ 3 1-7 - 9 2y � ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ® This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. EvOleftee of approval is aijeah" I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: (.�/i l date: _3 Iz2 Owner printed name: i_.. air i e or, Attorney signature: Attorney printed name: date: • attachment 9 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741 DATE: March 8, 2016 PROJECT: 1096/1098 Waters Ave REPRESENTATIVE: Patrick Rawley REQUEST: Subdivision — Condominium Plat DESCRIPTION: A Historic Landmark Lot Split established two new lots at Lot 14 of the Calderwood Subdivision, approved and historically designated by Ordinance No. 23, Series 2010. The subject property is Lot 2 as depicted on the subdivision plat recorded at Reception No. 584840. There are no historic resources on the subject property. The Applicant is now interested in condom iniumizing the property. Approval of a condo plat is an administrative function. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2013%201and%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- COde/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050.A Condom iniumization Review by: Staff for complete application Engineering Dept. Planning Fees: $650 — for two hours of Staff Review time. Referral Fees: Engineering —$325 for one hour of review time Total Deposit: $975 (additional planning and/or engineering hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts ASLU Subdivision 1096/1098 Waters Ave. • • and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ Written responses to all review criteria (26.480.050.A) ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Two paper copies of the 24"x36" plat ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Upon completion of review, the following items will then need to be submitted: ❑ 2 copies of the plat on 24"x36" Mylar. ❑ Recording fees (to be assessed by the case planner) Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Agreement to Pay Application Fees C coo C-d -2o t 6 - LAA '? Anagreement between the City of Aspen ("City") and Property Aspen Waters LLC Phone No.:310-317-9244 Owner ('I"): p lauriecappello@mac.com { Email: >lZ Address of '" 1096/1098 Waters Avenue Billing 3501 Cross Creek Lane Property: Address: rii � •�°'• �•. (subject of Aspen, CO (send bills here) Malibu, CA 90265 ro.-a o application) f� v I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $, 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 325 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Communit Develo men+ Director Property Owner: y p Name: Laurie Sewell Cappello City Use: 975 , (f D Title: Manager Fees Due: $ Received: $ �7� _ PLAT OF ASPENIWATERS RESIDENCES LOT 2 OF THE HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION PLAT OF LOT 14 OF CALDERWOOD SUBDIVISION RECORDED PLAT BOOK 98 AT PAGES 86.87 SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. LEGEND WATER 9 COUNTY OF PITKIN, STATE OF COLORADO 00 tY WELL dGT WELL III CAS mm THE PURPOSE OF THIS PLAT iS TO CONDOMINIUMIZE THE PROPERTY PURSUANT TO THE CATV PEDESTAL TITLE COMMITMENT SCHEDULE B2 EXCEPTION NOTES: C, TELEPHONE PEDESTAL DITCHESIS. 719S PROPERTY IS SUBJECT TO RIGHT OF WAY FOR DITCHOR CANALS CONSTRUCTED BY THE PROCEDURES ESTABLISHED IN THE CITY OF ASPEN LAND USE CODE SECTION 26.480.050.A. o ELECTRICAL TRANSFORMER AUTHORITY O THE UNITED STATES AS RESERVED N UNITED STATES PATENT DATED JULY 3, 1911. AND E ELECTRICAL METER RECORDED AUGUST 25. 1940, IN BOOK 175 AT PAGE 299, AS RECEPTION NO. O➢SM AFFECTS THE PROPERTY BUT DOES NOT HAVE A DESCFVDON W9GH CAN BE ROTTED. • SANITARY CUE N C 1T ® SANITARY MANHOLE 9. THIS PROPERTY IS SIASRE TO RESERVED IN OF Y41Y FOR S PATE OR CRISIS CONSTRUCTED BY THE RECORDED OF THE LIMITED STATES O RE 5 AT P N UNITED59.A STATES PATENT DATED AUGUST 27, 1D56, AND RECORDED ELECTRIC PRIESTS HOT HA ?o. 1959J N BOOK 1&5 AT PATE BD, AS RE:(EPII(N N0. 108B74. AFFECTS THE PROPERTY BUT DOES TITLE CERTIFICATE Rs NOT HAVE A OESLIdPTION WNM4 CAN BE PLOTTED. 1a THIS PROPERTY IS SUBJECT TO ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISQOSD ON THE THE UNDERSIGNED A OILY AJTHOQIID REIPRICENTArW O ATTORNEYS TIRE INSURANCE AGENCY RECORDED CADERWOOO SUBOIN90N PUT RECORDED OECOIBER 29 IN11 N RAT BOO( 2A AT PACE 2 OF AS -EN, LL0. REGISTERED TO DO BUSINESS N PT1GH COUNTY, COORADO, HAS M464M THE e4J E L LASHOW UPON THIS PLAT EN T OF ASPMATERS RESIDENCES AND MCAT TITLE TO LIENHOLDER CONSENT CERTIFICATE PLOTTED. AS TED. 1 Na 11M74 AFFECTS THE PROPERTY BUT DOES NOT NAVE: ANY EASEMETS WHICH CAN BE TmGH LANDS ALAM IN IS VESTEDASPEN WATERS LM A COLORADO UMFTFD LIABILITY COMPANY IS FREE AD GEAR OF AL LENS. TAILS AD ENCINERANCES, EXCEPT THOSE ITEMS SHORN AND USIFD N APPROVES THE RECORDING THIS aALM 11. THIS PROPERTY IS STJ&ECT TO TEENS, OONOTMNS, PtOMSIOMS. ADHEnaNYs AND OBJGATIGHS SPECIFIED THE EXCEPTION NOTES HEREON' UNDERSIGNEDTHE AM TES ITS LIEN RECORDED p THE MKIN UNDER THE RESTRICTIONS FOR THE CALDERWOW SUBDIVISION DATED AUGUST 2 1962 AND RECORDED COONn IDWIDS AT RECEPTOR NUM IDIE MBER 60946! AGOMM TO THIS PLAT AT AUGUST 2 1962 IN BOOK 196 AT PAGE 436. AS RECEPTION NO. 113792 AND RESIMCMNS FOR TIE DATED MS DAY OF2016.-2009 KITTY OF ASPEN EO-ARATON TEEETRRD TO IN THE OWNERS CERTIFICATECAIDE MOD SUBDIVISION DATED DECE BER 7. 1962 AND RECORDED DECEMBER 17, 1962. IN BOOK 200 AT CAPS CONTROL yD T BANK 263, AS RECEPTION NO. 1145N, AND MIST SUPPLEMENT TO FESIWCBOES FOR THE CALDERWOOD MONUMENT CAPS-4 BUBO MSI N, DATED DECEMBEt 2Q 201ID RE 0. AND MUMY 19. 2011,BION 1, AS IEITNC,57W7-% AM / THE SECOND SUPPU]FNT TO RESTRICTIONS FOR THE CADERWOW SUBDIVISION. DATED NOVEIER 12. 2013, SIGNED / I BY: AND IECODED NOVE BER 27, 2013. AS RI:CEFTGH NO 605M AFFECTS THE PROPERTY BUT DOES NOT ATTONEIS TIRE NSIUNCE AGENCY O ASPEN• LLC -.Y I HAVE A DESCRIPTION W#CH CAN BE PLOTTED. 715 WEST MAN STREET. 91FIE 202 ASPEN. CID Nett /a I NAME TITLE UN THIS PROPERTY IS SUBJECT TO TENS .CONDITIONS,RECORDED DED FEBRU Y 21. TENTS I AND O K 201 AT SPECIFIED tl n 2009 CITY OF ASPEN UNDER TIE U® DATED JANUARY 31, 196J, AND IECODED FEBRUARY ?I, 1963, N BOOK 2Q AT PACE 239, /p Iz GPS CONTROL AS RECEPTION N0. 114973. AFFECTS THE PROPERTY TO THE EXTENT OF THE RIGHT AND PRIVILEGE OF THE I� MONUMENT GPS-1 SETAE OF COLORADO ; SS PUB UC FOR WADING IN THE ROVING FORK RIVER FOR THE PURPOSE OF FISNG eye IX COUNTY mTON uxtY ) 11 TERMS. CONDITIONS. PROVISONS. AQEDIEAND /TS ACBUGATGHS SPECIFIED UNDER THE GENERAL A � I� NOTE SUBSCRIBED, SWORN TO AND A/NNOWIDOD BEFORE ME 1H5 _DAY OF WARRANTY DEED DATED JANUARY 30, 1957, AND RECORDED FEBRUARY 14, Wn IN BOOK 201 AT PAGE 393 OWNERS CERTIFICATE / L TRIED- AT Pltvom OGWDL 2016. AS RECE ON NO. 15DDM THIS DOCUMENT IS ILLEGIBLE AND THE CONTENTS CANNOT BE CONRRIAED. Ii5 G AEe ro xr MaWInIT 14 THIS PROPERTY IS SUBJECT TO ANY AND ALL NOTES, EAg3"TS AND RECITALS AS DISCLOSED ON 714E KNOW ALL WEN BY THESE PRESENTS. THAT THE UNDERSIGNED. ASPEN WATERS U.C. "W""' WTNESi MY HAM ASE D OFFICIAL AL A COfRADO LIFTED UARM COMPANY. BEING 11E ONERS 14FEE SINE OF LOT 2 ASPEN TOWNHOUSES BY lw WAR RECORDED WROY004T SURVEY PLAT RECORDED NOWMI ER 16. 2010. N PUT BOO( 95 AT PAGE 4,1 AS HISTORIC LANDMARK LOT SPLIT SUBDIVISION MWTIGH RAT OF LOT 14 GAUDERMDW y 19Y W9F]I PARCEL NO, 22J1-1e2-4o-am MY COMMISSION DFIIM RECEPTION NO. 575157. AS SHOWN HEREON AFFECTS ALL OF LOT 2 SUBDIVISION, DOES HEREBY CERTIFY THAT THIS PRAT OF ASPER/WATERSHAS MEN PREPARED I®OE7/CES LPU LOeNI A NA e 1S THIS PROPERTY IS SUBJECT TO TEAMS, CCNDUIGHS. PROVISIONS, AO�R7S AND OBLIGATIONS SPECIFIED OECIARAIIGH FOR ASPEN/WATERS PURSUANT TO AND FOR THE PURPOSES STATED N THE \ I I®MN! t-1 4 -.,TIERS AND OS, RECORDED- UNDERaA1G GAP AN ORDINANCE OF THE CITY COUNCIL OF THE CRY OF ASPEN, COLORADO APPROWNC MISTO ICAL 2O6 AT REEPTWN N0. N THE OFFICE O THE CLERK AID \ I �rT��� L9Wt5 NOTARY PLUM LANDMARK DESIGNATION, HISTORICAL LANDMARK K LOT SKIT. ESTABLISHMENT O A HISTORIC TRANS17RABLE RECORDER O RTIOM COUNTY. COLORADO. •'. DEVELOPMENT RIGHT. AND ORDNANCE #A SERIES OF 2007 NEGOTIATIONS FOR PMERVATGN OF POTENTIAL E�'Z I 26 / Is Ratan •. OFSLOPELINE HISRRIC RESOURCES FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE. LOT 14. GIDEANOOD oy [� Al 77' SUBDIVISION, CITY AND TOWNSITE OF ASPEN. GOLORADO. DATED NOVEM ER 5. 200. AND RECORDED EXFSAfIFD THIS _ DAY O 2O0. R C� o� ACCESS ! 0 BOOKSETB9 -. NOVEMBEA 22. 2010. AS RECEPTION N0. SMUG. AFFECTS THE PROPERTY BUT DOES NOT RAVE A V? ^ AG BOO( 96 '. DESCRIPTION WITCH CAN BE PLOTTED. \ ryKO J� ACCESS E '��W=^CNN ppE PAGE 6�67 '.wOVER uIWFS ASPEN 1FR5 Uf. A CODRADD UNITED UAafIY COMPANY \ \` - �� 61� 15, THIS PROPERTY IS Sl&ECT TO TENS CODITIONS PROVISIONS. AGHIDENTS AND COUGAIWNS SPECIFIED \ UNDER A RESOLUTION OF THE AS" HISTORIC PRESAVATON COMYISS- (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL) AND RESIDENTIAL DESIGN STANDARDS VA6NIOS APPROVAL FOR THE PROPERTY DY. RACE SEWFLL CAPPEILO. MANAGER LOCATED AT 1102 WATERS AVENUE, LOT 2 OF THE LOT 14 CADEAWOOD SUBDIVISION HISTORIC LANDMARK LOT z.a TINT, CITY AND TONH9TE OF ASPEN, COUNTY OP PfT10N. STATE Of COLORADO (RESOLUTION /12 STEPS O �Sqg. 2011) DATED OCTOBER 12 2011. AND RECORDED OCTOBER 19, 2011. AS RECEPTION In50581 AFFECTS THE SETAE OF CLONMO )SS Na 4 RE6AW UNIT 1 1 PROPERTY BUT DOS NOT HAVE A DE9ORIPTON WNEH CAN BE ROTTED. CgNTY O KIM ) 17. lH1S PROPERTY IS SUBJECT TO TERMS COMDMOIS PROVISIONS AGREEMENTS AID OBJCA71ONS SPECIFIED THE FOREMNG CERTIFICATE WAS AOOOGFDCED ERTRE LE THE _AN2,349 ± SQ. r 1 . UNDER A RESOLUTION OF TE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN. CASE NUMBER 004-11, DAY OF 2010. BY LAURIE SEML CAPPEIA AS MAG'R O N REQUEST TO APPROVE TWO OIVEWAY ACCESS PONTS FOR 1102 WATERS AVENUE, LOT 2 O THE LOT SPUT ASPEN WATERS LLG F. EENPROH PLAT OF LOT 14 OF CALDERWOOD SBDIM90N. CITY O ASPEN (RESCLUTON NO CD4 - SERIES OF 2011) DATED SPTEIBER IS. 2011. NO RECORDED NOVEMBER 16. 21711, AS RECEPTION NO. 564462 AFFECTS THE PROPERTY BUT DOES NOT HAVE A DESCRIPTION WHICH CAN BE RATTED. ` 1 TOWNHOUSE RATES MY HAND AND AOFFICIAL SAL PA \ 1096 WATERS AVENUE I& THIS PROPERTY IS SBECT TO TEN$ CONOTONS, PROVISIONS AGREEMENTS AND OBUCAMN5 SPECIFIED \ _ £ UNDER THE SUBDIVISION EIEMPTIGN A7EDUENT FOR 11D2 WATERS AVENUE DATED DECEBEIR 6. 2011. AND MY COMMISSION EXPIRE.: \ \ RECORDED DECEIBER 5. 201. AS REEPTION N0. 5540139. AFFECTS THE PROPERTY BUT DOES NOT HAVE A (",a�iE N1414'48-E DECK U DESCRPTON WBCH CAN B: PLOTTED. \ e.�PAnO '14'4 W 19. THIS PROPERTY CI 91BECf TO ANY RID ILL N NOTARY PUBLIC \ NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE EN)RAWLZ RECORDED HISTORIC LANDMARK LOT SLIT SUBDIVISION DIEWIT10N PLAT, LOT 14 O CNDERWOOD SUBDIVISION. S DATED MARCH 29. 2011. AND RECORDED DEONBEA I, 2011, N RAT BOOK 96 AT PAGE 66, AS RECEPTION �"\ SOS' Sj PF1t MO.564640. BALDING ENVELOPE AND SETBACKS AS SHOWN HEREON AFFECTS ALL OF LOT 2 \ \ 7PEg1 11 514E 1�, 814 f Pa 20. THIS PROPERTY IS SUBJECT TO TERMS• CONDITGNS PROmsms. AGREEMENTS AND OBLIGATIONS SPEQFlED SURVEYOR'S CERTIFICATE \ oRAN v \ UNDER A RESOLUTION O THE ASPEN HISTORIC PIESO VATO1 COMMISSION (HPC) GRANTING MAJOR RCOEY P. MSER DO HERESY SATE THATAY A REGISTERED UJJD SBVEYOt `\ $ \ / O o 1 ' 948-E OIFLORENT (f1NAL) APPROVAL OR PROPERTYLOCATED AT 1102 HATERS AVEME, LOT 2 O THE LOT LNFMSD UNDER THE LAWS OFYHE SGIE OFCR.GHAD0. THAT THIS RAT IS A TAPE, \ •. - , n 14 CALDERWOCO SUBDIVISION HISTORIC LANDMARK LOT SMUT . CITY AND TMSITE OF AS-EK COUNTY OF COI ARD COME MAP O THE PAAS LAID HE Q, TOWNHOUSE PAN . STATE OF COLORADO (REWTON SOSERIES 2D12)L DATED JAUARY 25. 2OPDEDICATEDOWN RECEPTION 2 AND RECORDED OUT. ATTED• DEDICATED AND SREON, THAT 9UGH PLAT WAS MADE FROM AN 1098 WATERS AVENUE FEBRUARY 15, 2012 AS REC ON No. 5M751. AFFECTS THE PROPERTY BUT DOM NOT HAA DESCRIPTION ACCURATE SURVEY OFSAD PROPERTY IN ACCORDANCE WITH TITLE 36, ARTOE St. CRS r \ WHICH CAN BE PLOTTED. 1971 AS AMENDED TIME TO TIME UNIDO MY SPFAM9GN ANO CtIREECILY 910WTi THE - •• h 52'26.02-E IDGTION AID OYE19(NS O TE LOTS, USE]OMTS SEBACI6 TIE OTIRA \ \ -- : - "- _ 21. TIIS PROPERTY RE SUBECT M NEW$ CODMONS• PROVISIONS, AGMDENTS AMC OBUGATCNS SPECWIED ENCUMBRANCES 14 EVIDENCE OR KNOWN TO ME DEAR ERRW O CLOSURE IS LESS\ .. \ 12.31' UNDER THE TENON. CODW AM VAULT AOEEENT. DATED JULY 17. 2015. AND RIECOMED OCTOBR 30, THAN 1/15,00a b=3/33'42- \\\ '.U�.. •. 6 \ \ I ff 5. AS RIRECEPTOR NO.6245.TJ. AFFECTS THE PROPERTY BUT DOES NOT HAVE A OE4 SORIP WIGH CAR R-111.79 \ W�EASEMENT D. IN MESS WHEREOFFIHAV SET MY HAD AD SAL THIS _ DAY OF UNIT 2 ER THE \ � \ ,y\ 22 THIS PROPERTY IS SBECT TO TENS CONDITIONS. PROVISIONS• AGREEMENTS AND OBLIGATIONS SPTED '\\ T-31.59' \\ DITCH \ J� - 2,349 ± SQ.r 1 . UNDER HOLY CROSS ENFRCY UNDERGROUND RICE --WAY EASEMENT, RECORDED OC OBER 30, 2015• As KB=N4T55'S1-W Ri RECfPNN NO, MB 6245A RIGHT-OF-WAY FRET E C NMUNE OF WIGH IS THE UNDERGROUND POWER LINEAR `\ Cr60.60' \\ CONSTIWIID AS SHORN HEREON AFFECTS ALL OF LOT 2 RODEY P. KISER. PLS MO.36215 \ \ _p- HIGH COUTRY ENGimt NG \ 21 THIS PROPERTY IS SUBJECT TO ANY MGM INTERESTS OR EASEMENTS N FAVOR O THE UNITED STATES, 1517 BATE AVENUE SITE iO `\ WATERS \` •• � : � iy�o 'tA, I E STATE Or COLOR" JC COLOR" OR RDBWHICHEJIS'TS OR ARE MAIMED TO EXISTINM Sf AMID OVER THE GEPAOOO SPRINGS. Do N6N PRESENT AND PAST BED, BANS OR WATERS OF THE ROARING FORK RIVER. AFFECTS THE PROPERTY BUT 970-943-6I76 DOS NOT HAVE A DESCRIF" WBCII CAN B: ROTTED \ `\ AV=Ml 11=' 24, THIS PROPERTY IS SUBJECT TO ANY NCIEASE OR DECEASE N THE AREA OF THE LAM AND ANY ADVERSE GAVE TO ANY PORTION OF THE LAM WHICH HAS BEEN CREATED BY OR CAUSED BY ACC ETa OR REUCTION. COTTER NATURAL OR ARTIFICIAL AM THE EFFECT O THE GAIN OR LOSS O AREA BY AOREDGN OR REUCTKM UPON MARICTABLJTY OF THE 71TLE OF THE LAM. AFFECTS THE PROPERTY MIT DOES NOT HAVE A DESCRIPTION WNH CAN B: PLOTTED. CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FEED FOR RECORD N 7 E OHKE O THE CLERK A 0 RECORDER O PAIN COUNTY AT OGKnK .r ON THE _ DAY OFAD. 2016. NO IS DULY RE03M N BOGC PAW _ RECEPTION M. BY: CIDN AND RECORDER \ NOTES: \ `\ 1. BASS OF BEAMNCS FOR THIS RAT IS A BEARING OF N15951IYE BEIIIEBN CITY O ASPEN G'S \ \ MONUMENTS NO. 1 AND NO 4 AS SHOWN HEREON \ 2 DATE OF FIELD SURVEY: MARCH 13, 2016. \ 1 UEM UNITS USED TO PEAFO M THIS SLAVER' WERE U.S. SUITWY FEET. \ 4. THIS SURVEY IS BASED GN THE HISTORIC LANDMARK LOT SPUJT SUBDIVISION EEEPTION PUT LOT \ 14 O CADERWOW SUBDIVISION AND COMERS FORD IN RACE AS SHOWN HEREON. \ 5 PINS AND U 40 BETWDN UNITS DELINEATE BOUNDARY OF UNITS N THE COMMON INTEREST \ COMMUNITY. a MS RAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH CO RM ENGINEERING, INC. FOR ALL WO MATIOI REONDNG EASEMENT. RIGHTS-CF-WAY AD/OR TIME OF RECORD. HIGH COUNTRY \ EN(INEEIENG, INC. FEMEN REELED UPON ROLE COMMITMENT NQ 1600496 3ISSUED BY ATIOMEYS RITE INSURANCE AGENCY OF ASPEN, U.C. EFFECTIVE DATE FTPRUARY 29, 206. \ \ZONE AE UNITS PER FEMA MAPS •f 1 . Aspen'._ R•r ',< t r ML VICINITY MAP SCALE I• - I.ODO CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE APPLICATION FOR WDOEINIWURON SET FORM FOR THIS RAT HAS BEEN REVEWED AND APPROVED FOR CMIPUM WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAM USE CODE BY THE CITY O ASPEN COMMUNITY DENIDPIQ4T DIRECTOR THIS DAY OF 201E TO THE EXTENT THAT ANYTHING N THIS FIAT 15 INCONSISTENT OR N CONFLICT WN ANY CITY O ASPEN DEVELOP" ORDERS RETATNG TO THESE CONDOMINIUM OR ANY OTHER PROVISIONS OF APPUCARE LAW, INCLUDING BUT NOT AM TO OILER APHJCABLE LAND USE PEGLUTIONS AID BOLDING CODES, SUCH OTHER DEVELOPMENT ODES OR APP ICABlE LAW WALL CONTROL BY COMMUNITY DEVELOPMENT 06ECfOR-0fY O ASPEN, CAORADO CITY OF ASPEN ENGINEER'S REVIEW TIS PLAT WAS REVIEWED FOR THE DEPICTION OF I E UXE40MC DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 2016. BY ENGINEER CITY O ASPEN, COLORADO w tntN/$Ca ¢ HiAJ11C G1R3 NavaW \ LOT 1 APPARENTJ MEAN MGM HISTORIC LANDMARK WATER UNE LOT SPLIT SUBDIVISION / EXEMPTION PLAT LOT 14 CALDERWOOD / SUBDIVISION / / / / / /GRAPHIC SCALE N / E LtIR - 20 tt U w w Z Or O o w jCl^^ g n p as°wz5 uD C �¢aw FF p0 IV F ¢t^"tlw ZU N z pO�E 'o - N��p A bd o i>wc 5Z Y O pI¢ w QU aw U C Q Z U wJ Z 0 fC Y ry O a 0 m o e i U Z U w Z �N CO i ni DO W o f w F On O Z "S° u z ZIt Z Z wZD w w W N D u F mom O Z Z � nWm 0'�W U 0 = D- U) W u w0 OO O� U,¢ W� w0 mO 3y WV zz I-Z U)N 3a QQ �<n Ill V) a PROJECT NO. 2161639 1 OF 1 RECEPTION NO. 575157. AS SHOWN HEREON AFFECTS ALL OF LOT 2 SUBDIVISION, DOES HEREBY CERTIFY THAT THIS PRAT OF ASPER/WATERSHAS MEN PREPARED I®OE7/CES LPU LOeNI A NA e 1S THIS PROPERTY IS SUBJECT TO TEAMS, CCNDUIGHS. PROVISIONS, AO�R7S AND OBLIGATIONS SPECIFIED OECIARAIIGH FOR ASPEN/WATERS PURSUANT TO AND FOR THE PURPOSES STATED N THE \ I I®MN! t-1 4 -.,TIERS AND OS, RECORDED- UNDERaA1G GAP AN ORDINANCE OF THE CITY COUNCIL OF THE CRY OF ASPEN, COLORADO APPROWNC MISTO ICAL 2O6 AT REEPTWN N0. N THE OFFICE O THE CLERK AID \ I �rT��� L9Wt5 NOTARY PLUM LANDMARK DESIGNATION, HISTORICAL LANDMARK K LOT SKIT. ESTABLISHMENT O A HISTORIC TRANS17RABLE RECORDER O RTIOM COUNTY. COLORADO. •'. DEVELOPMENT RIGHT. AND ORDNANCE #A SERIES OF 2007 NEGOTIATIONS FOR PMERVATGN OF POTENTIAL E�'Z I 26 / Is Ratan •. OFSLOPELINE HISRRIC RESOURCES FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE. LOT 14. GIDEANOOD oy [� Al 77' SUBDIVISION, CITY AND TOWNSITE OF ASPEN. GOLORADO. DATED NOVEM ER 5. 200. AND RECORDED EXFSAfIFD THIS _ DAY O 2O0. R C� o� ACCESS ! 0 BOOKSETB9 -. NOVEMBEA 22. 2010. AS RECEPTION N0. SMUG. AFFECTS THE PROPERTY BUT DOES NOT RAVE A V? ^ AG BOO( 96 '. DESCRIPTION WITCH CAN BE PLOTTED. \ ryKO J� ACCESS E '��W=^CNN ppE PAGE 6�67 '.wOVER uIWFS ASPEN 1FR5 Uf. A CODRADD UNITED UAafIY COMPANY \ \` - �� 61� 15, THIS PROPERTY IS Sl&ECT TO TENS CODITIONS PROVISIONS. AGHIDENTS AND COUGAIWNS SPECIFIED \ UNDER A RESOLUTION OF THE AS" HISTORIC PRESAVATON COMYISS- (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL) AND RESIDENTIAL DESIGN STANDARDS VA6NIOS APPROVAL FOR THE PROPERTY DY. RACE SEWFLL CAPPEILO. MANAGER LOCATED AT 1102 WATERS AVENUE, LOT 2 OF THE LOT 14 CADEAWOOD SUBDIVISION HISTORIC LANDMARK LOT z.a TINT, CITY AND TONH9TE OF ASPEN, COUNTY OP PfT10N. STATE Of COLORADO (RESOLUTION /12 STEPS O �Sqg. 2011) DATED OCTOBER 12 2011. AND RECORDED OCTOBER 19, 2011. AS RECEPTION In50581 AFFECTS THE SETAE OF CLONMO )SS Na 4 RE6AW UNIT 1 1 PROPERTY BUT DOS NOT HAVE A DE9ORIPTON WNEH CAN BE ROTTED. CgNTY O KIM ) 17. lH1S PROPERTY IS SUBJECT TO TERMS COMDMOIS PROVISIONS AGREEMENTS AID OBJCA71ONS SPECIFIED THE FOREMNG CERTIFICATE WAS AOOOGFDCED ERTRE LE THE _AN2,349 ± SQ. r 1 . UNDER A RESOLUTION OF TE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN. CASE NUMBER 004-11, DAY OF 2010. BY LAURIE SEML CAPPEIA AS MAG'R O N REQUEST TO APPROVE TWO OIVEWAY ACCESS PONTS FOR 1102 WATERS AVENUE, LOT 2 O THE LOT SPUT ASPEN WATERS LLG F. EENPROH PLAT OF LOT 14 OF CALDERWOOD SBDIM90N. CITY O ASPEN (RESCLUTON NO CD4 - SERIES OF 2011) DATED SPTEIBER IS. 2011. NO RECORDED NOVEMBER 16. 21711, AS RECEPTION NO. 564462 AFFECTS THE PROPERTY BUT DOES NOT HAVE A DESCRIPTION WHICH CAN BE RATTED. ` 1 TOWNHOUSE RATES MY HAND AND AOFFICIAL SAL PA \ 1096 WATERS AVENUE I& THIS PROPERTY IS SBECT TO TEN$ CONOTONS, PROVISIONS AGREEMENTS AND OBUCAMN5 SPECIFIED \ _ £ UNDER THE SUBDIVISION EIEMPTIGN A7EDUENT FOR 11D2 WATERS AVENUE DATED DECEBEIR 6. 2011. AND MY COMMISSION EXPIRE.: \ \ RECORDED DECEIBER 5. 201. AS REEPTION N0. 5540139. AFFECTS THE PROPERTY BUT DOES NOT HAVE A (",a�iE N1414'48-E DECK U DESCRPTON WBCH CAN B: PLOTTED. \ e.�PAnO '14'4 W 19. THIS PROPERTY CI 91BECf TO ANY RID ILL N NOTARY PUBLIC \ NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE EN)RAWLZ RECORDED HISTORIC LANDMARK LOT SLIT SUBDIVISION DIEWIT10N PLAT, LOT 14 O CNDERWOOD SUBDIVISION. S DATED MARCH 29. 2011. AND RECORDED DEONBEA I, 2011, N RAT BOOK 96 AT PAGE 66, AS RECEPTION �"\ SOS' Sj PF1t MO.564640. BALDING ENVELOPE AND SETBACKS AS SHOWN HEREON AFFECTS ALL OF LOT 2 \ \ 7PEg1 11 514E 1�, 814 f Pa 20. THIS PROPERTY IS SUBJECT TO TERMS• CONDITGNS PROmsms. AGREEMENTS AND OBLIGATIONS SPEQFlED SURVEYOR'S CERTIFICATE \ oRAN v \ UNDER A RESOLUTION O THE ASPEN HISTORIC PIESO VATO1 COMMISSION (HPC) GRANTING MAJOR RCOEY P. MSER DO HERESY SATE THATAY A REGISTERED UJJD SBVEYOt `\ $ \ / O o 1 ' 948-E OIFLORENT (f1NAL) APPROVAL OR PROPERTYLOCATED AT 1102 HATERS AVEME, LOT 2 O THE LOT LNFMSD UNDER THE LAWS OFYHE SGIE OFCR.GHAD0. THAT THIS RAT IS A TAPE, \ •. - , n 14 CALDERWOCO SUBDIVISION HISTORIC LANDMARK LOT SMUT . CITY AND TMSITE OF AS-EK COUNTY OF COI ARD COME MAP O THE PAAS LAID HE Q, TOWNHOUSE PAN . STATE OF COLORADO (REWTON SOSERIES 2D12)L DATED JAUARY 25. 2OPDEDICATEDOWN RECEPTION 2 AND RECORDED OUT. ATTED• DEDICATED AND SREON, THAT 9UGH PLAT WAS MADE FROM AN 1098 WATERS AVENUE FEBRUARY 15, 2012 AS REC ON No. 5M751. AFFECTS THE PROPERTY BUT DOM NOT HAA DESCRIPTION ACCURATE SURVEY OFSAD PROPERTY IN ACCORDANCE WITH TITLE 36, ARTOE St. CRS r \ WHICH CAN BE PLOTTED. 1971 AS AMENDED TIME TO TIME UNIDO MY SPFAM9GN ANO CtIREECILY 910WTi THE - •• h 52'26.02-E IDGTION AID OYE19(NS O TE LOTS, USE]OMTS SEBACI6 TIE OTIRA \ \ -- : - "- _ 21. TIIS PROPERTY RE SUBECT M NEW$ CODMONS• PROVISIONS, AGMDENTS AMC OBUGATCNS SPECWIED ENCUMBRANCES 14 EVIDENCE OR KNOWN TO ME DEAR ERRW O CLOSURE IS LESS\ .. \ 12.31' UNDER THE TENON. CODW AM VAULT AOEEENT. DATED JULY 17. 2015. AND RIECOMED OCTOBR 30, THAN 1/15,00a b=3/33'42- \\\ '.U�.. •. 6 \ \ I ff 5. AS RIRECEPTOR NO.6245.TJ. AFFECTS THE PROPERTY BUT DOES NOT HAVE A OE4 SORIP WIGH CAR R-111.79 \ W�EASEMENT D. IN MESS WHEREOFFIHAV SET MY HAD AD SAL THIS _ DAY OF UNIT 2 ER THE \ � \ ,y\ 22 THIS PROPERTY IS SBECT TO TENS CONDITIONS. PROVISIONS• AGREEMENTS AND OBLIGATIONS SPTED '\\ T-31.59' \\ DITCH \ J� - 2,349 ± SQ.r 1 . UNDER HOLY CROSS ENFRCY UNDERGROUND RICE --WAY EASEMENT, RECORDED OC OBER 30, 2015• As KB=N4T55'S1-W Ri RECfPNN NO, MB 6245A RIGHT-OF-WAY FRET E C NMUNE OF WIGH IS THE UNDERGROUND POWER LINEAR `\ Cr60.60' \\ CONSTIWIID AS SHORN HEREON AFFECTS ALL OF LOT 2 RODEY P. KISER. PLS MO.36215 \ \ _p- HIGH COUTRY ENGimt NG \ 21 THIS PROPERTY IS SUBJECT TO ANY MGM INTERESTS OR EASEMENTS N FAVOR O THE UNITED STATES, 1517 BATE AVENUE SITE iO `\ WATERS \` •• � : � iy�o 'tA, I E STATE Or COLOR" JC COLOR" OR RDBWHICHEJIS'TS OR ARE MAIMED TO EXISTINM Sf AMID OVER THE GEPAOOO SPRINGS. Do N6N PRESENT AND PAST BED, BANS OR WATERS OF THE ROARING FORK RIVER. AFFECTS THE PROPERTY BUT 970-943-6I76 DOS NOT HAVE A DESCRIF" WBCII CAN B: ROTTED \ `\ AV=Ml 11=' 24, THIS PROPERTY IS SUBJECT TO ANY NCIEASE OR DECEASE N THE AREA OF THE LAM AND ANY ADVERSE GAVE TO ANY PORTION OF THE LAM WHICH HAS BEEN CREATED BY OR CAUSED BY ACC ETa OR REUCTION. COTTER NATURAL OR ARTIFICIAL AM THE EFFECT O THE GAIN OR LOSS O AREA BY AOREDGN OR REUCTKM UPON MARICTABLJTY OF THE 71TLE OF THE LAM. AFFECTS THE PROPERTY MIT DOES NOT HAVE A DESCRIPTION WNH CAN B: PLOTTED. CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FEED FOR RECORD N 7 E OHKE O THE CLERK A 0 RECORDER O PAIN COUNTY AT OGKnK .r ON THE _ DAY OFAD. 2016. NO IS DULY RE03M N BOGC PAW _ RECEPTION M. BY: CIDN AND RECORDER \ NOTES: \ `\ 1. BASS OF BEAMNCS FOR THIS RAT IS A BEARING OF N15951IYE BEIIIEBN CITY O ASPEN G'S \ \ MONUMENTS NO. 1 AND NO 4 AS SHOWN HEREON \ 2 DATE OF FIELD SURVEY: MARCH 13, 2016. \ 1 UEM UNITS USED TO PEAFO M THIS SLAVER' WERE U.S. SUITWY FEET. \ 4. THIS SURVEY IS BASED GN THE HISTORIC LANDMARK LOT SPUJT SUBDIVISION EEEPTION PUT LOT \ 14 O CADERWOW SUBDIVISION AND COMERS FORD IN RACE AS SHOWN HEREON. \ 5 PINS AND U 40 BETWDN UNITS DELINEATE BOUNDARY OF UNITS N THE COMMON INTEREST \ COMMUNITY. a MS RAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH CO RM ENGINEERING, INC. FOR ALL WO MATIOI REONDNG EASEMENT. RIGHTS-CF-WAY AD/OR TIME OF RECORD. HIGH COUNTRY \ EN(INEEIENG, INC. FEMEN REELED UPON ROLE COMMITMENT NQ 1600496 3ISSUED BY ATIOMEYS RITE INSURANCE AGENCY OF ASPEN, U.C. EFFECTIVE DATE FTPRUARY 29, 206. \ \ZONE AE UNITS PER FEMA MAPS •f 1 . Aspen'._ R•r ',< t r ML VICINITY MAP SCALE I• - I.ODO CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE APPLICATION FOR WDOEINIWURON SET FORM FOR THIS RAT HAS BEEN REVEWED AND APPROVED FOR CMIPUM WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAM USE CODE BY THE CITY O ASPEN COMMUNITY DENIDPIQ4T DIRECTOR THIS DAY OF 201E TO THE EXTENT THAT ANYTHING N THIS FIAT 15 INCONSISTENT OR N CONFLICT WN ANY CITY O ASPEN DEVELOP" ORDERS RETATNG TO THESE CONDOMINIUM OR ANY OTHER PROVISIONS OF APPUCARE LAW, INCLUDING BUT NOT AM TO OILER APHJCABLE LAND USE PEGLUTIONS AID BOLDING CODES, SUCH OTHER DEVELOPMENT ODES OR APP ICABlE LAW WALL CONTROL BY COMMUNITY DEVELOPMENT 06ECfOR-0fY O ASPEN, CAORADO CITY OF ASPEN ENGINEER'S REVIEW TIS PLAT WAS REVIEWED FOR THE DEPICTION OF I E UXE40MC DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 2016. BY ENGINEER CITY O ASPEN, COLORADO w tntN/$Ca ¢ HiAJ11C G1R3 NavaW \ LOT 1 APPARENTJ MEAN MGM HISTORIC LANDMARK WATER UNE LOT SPLIT SUBDIVISION / EXEMPTION PLAT LOT 14 CALDERWOOD / SUBDIVISION / / / / / /GRAPHIC SCALE N / E LtIR - 20 tt U w w Z Or O o w jCl^^ g n p as°wz5 uD C �¢aw FF p0 IV F ¢t^"tlw ZU N z pO�E 'o - N��p A bd o i>wc 5Z Y O pI¢ w QU aw U C Q Z U wJ Z 0 fC Y ry O a 0 m o e i U Z U w Z �N CO i ni DO W o f w F On O Z "S° u z ZIt Z Z wZD w w W N D u F mom O Z Z � nWm 0'�W U 0 = D- U) W u w0 OO O� U,¢ W� w0 mO 3y WV zz I-Z U)N 3a QQ �<n Ill V) a PROJECT NO. 2161639 1 OF 1 24, THIS PROPERTY IS SUBJECT TO ANY NCIEASE OR DECEASE N THE AREA OF THE LAM AND ANY ADVERSE GAVE TO ANY PORTION OF THE LAM WHICH HAS BEEN CREATED BY OR CAUSED BY ACC ETa OR REUCTION. COTTER NATURAL OR ARTIFICIAL AM THE EFFECT O THE GAIN OR LOSS O AREA BY AOREDGN OR REUCTKM UPON MARICTABLJTY OF THE 71TLE OF THE LAM. AFFECTS THE PROPERTY MIT DOES NOT HAVE A DESCRIPTION WNH CAN B: PLOTTED. CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FEED FOR RECORD N 7 E OHKE O THE CLERK A 0 RECORDER O PAIN COUNTY AT OGKnK .r ON THE _ DAY OFAD. 2016. NO IS DULY RE03M N BOGC PAW _ RECEPTION M. BY: CIDN AND RECORDER \ NOTES: \ `\ 1. BASS OF BEAMNCS FOR THIS RAT IS A BEARING OF N15951IYE BEIIIEBN CITY O ASPEN G'S \ \ MONUMENTS NO. 1 AND NO 4 AS SHOWN HEREON \ 2 DATE OF FIELD SURVEY: MARCH 13, 2016. \ 1 UEM UNITS USED TO PEAFO M THIS SLAVER' WERE U.S. SUITWY FEET. \ 4. THIS SURVEY IS BASED GN THE HISTORIC LANDMARK LOT SPUJT SUBDIVISION EEEPTION PUT LOT \ 14 O CADERWOW SUBDIVISION AND COMERS FORD IN RACE AS SHOWN HEREON. \ 5 PINS AND U 40 BETWDN UNITS DELINEATE BOUNDARY OF UNITS N THE COMMON INTEREST \ COMMUNITY. a MS RAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH CO RM ENGINEERING, INC. FOR ALL WO MATIOI REONDNG EASEMENT. RIGHTS-CF-WAY AD/OR TIME OF RECORD. HIGH COUNTRY \ EN(INEEIENG, INC. FEMEN REELED UPON ROLE COMMITMENT NQ 1600496 3ISSUED BY ATIOMEYS RITE INSURANCE AGENCY OF ASPEN, U.C. EFFECTIVE DATE FTPRUARY 29, 206. \ \ZONE AE UNITS PER FEMA MAPS •f 1 . Aspen'._ R•r ',< t r ML VICINITY MAP SCALE I• - I.ODO CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE APPLICATION FOR WDOEINIWURON SET FORM FOR THIS RAT HAS BEEN REVEWED AND APPROVED FOR CMIPUM WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAM USE CODE BY THE CITY O ASPEN COMMUNITY DENIDPIQ4T DIRECTOR THIS DAY OF 201E TO THE EXTENT THAT ANYTHING N THIS FIAT 15 INCONSISTENT OR N CONFLICT WN ANY CITY O ASPEN DEVELOP" ORDERS RETATNG TO THESE CONDOMINIUM OR ANY OTHER PROVISIONS OF APPUCARE LAW, INCLUDING BUT NOT AM TO OILER APHJCABLE LAND USE PEGLUTIONS AID BOLDING CODES, SUCH OTHER DEVELOPMENT ODES OR APP ICABlE LAW WALL CONTROL BY COMMUNITY DEVELOPMENT 06ECfOR-0fY O ASPEN, CAORADO CITY OF ASPEN ENGINEER'S REVIEW TIS PLAT WAS REVIEWED FOR THE DEPICTION OF I E UXE40MC DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 2016. BY ENGINEER CITY O ASPEN, COLORADO w tntN/$Ca ¢ HiAJ11C G1R3 NavaW \ LOT 1 APPARENTJ MEAN MGM HISTORIC LANDMARK WATER UNE LOT SPLIT SUBDIVISION / EXEMPTION PLAT LOT 14 CALDERWOOD / SUBDIVISION / / / / / /GRAPHIC SCALE N / E LtIR - 20 tt U w w Z Or O o w jCl^^ g n p as°wz5 uD C �¢aw FF p0 IV F ¢t^"tlw ZU N z pO�E 'o - N��p A bd o i>wc 5Z Y O pI¢ w QU aw U C Q Z U wJ Z 0 fC Y ry O a 0 m o e i U Z U w Z �N CO i ni DO W o f w F On O Z "S° u z ZIt Z Z wZD w w W N D u F mom O Z Z � nWm 0'�W U 0 = D- U) W u w0 OO O� U,¢ W� w0 mO 3y WV zz I-Z U)N 3a QQ �<n Ill V) a PROJECT NO. 2161639 1 OF 1 U w w Z Or O o w jCl^^ g n p as°wz5 uD C �¢aw FF p0 IV F ¢t^"tlw ZU N z pO�E 'o - N��p A bd o i>wc 5Z Y O pI¢ w QU aw U C Q Z U wJ Z 0 fC Y ry O a 0 m o e i U Z U w Z �N CO i ni DO W o f w F On O Z "S° u z ZIt Z Z wZD w w W N D u F mom O Z Z � nWm 0'�W U 0 = D- U) W u w0 OO O� U,¢ W� w0 mO 3y WV zz I-Z U)N 3a QQ �<n Ill V) a PROJECT NO. 2161639 1 OF 1 TuF Crry nr ACPFAf Land Use Application Determination of Completeness Date: May 4, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Condominiumization—1096/1098 Waters and have reviewed it for completeness. l4 Your Land Use Application is complete: / Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $975.00. 3) Updated HOA form. (The one used is outdated) Other submission items may be requested throughout the review process • as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha - You. k�-'- ennifeUhelan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No X GMQS Allotments Yes No� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging Janice K. Vos Caudill Pitkin County Clerk and Recorder 534 East Hyman Avenue Aspen, CO 81611 (970)429-2716 Number of Documents Recorded: 2 1 K I 11i Transaction Receipt Print Date: 02/21/2017 02:29:52 PM CoUNT� Transaction #434587 Transaction Type: Recording Receipt #201700093 8 Cashier: Patty Nadon Cashier Date: 02/21/2017 02:29:41 PM Reception#636279 - PLAT - 1pg(s) Recording Surcharge: $3.00 Book 118 / Page 079 Recording Fee: Plats: $10.00 $13.00 Reception#636280 - CONDOMINIUM Recording Surcharge: $3.00 DECLARATION - 17pg(s) Recording Fee: $90.00 $93.00 Total Fees Payment Received: Escrow Account Change Payment from Escrow Account: STAN CLAUSON ASOCIATES INC (Current Balance: $124.25) Presented by: STAN CLAUSON ASOCIATES INC 412 N MILL STREET ASPEN, CO 81611 $106.00 $106.00 $0.00