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HomeMy WebLinkAbout*landuse case.HP.434 E Main St.HPC060-012737-073-22-016 434 E. Main Street Partial Demolition HPC060-01 Conceptual HPC an&--= �9.-- f �=► H PI DI CASE NUMBER HPC060-01 PARCEL ID # 2737-073-22016 CASE NAME 434 E. Main St. Conceptual HPC and Partial Demo PROJECT ADDRESS 434 E. Main Street PLANNER Amy Guthrie CASE TYPE Conceptual HPC, Partial Demo OWNER/APPLICANT 434 E. Main St. LLC REPRESENTATIVE Seedorf & Howie Partnership DATE OF FINAL ACTION 1 /09/02 CITY COUNCIL ACTION PZ ACTION HPC RESO 1-2002 ADMIN ACTION CONCEPTUAL APPR BOA ACTION DATE CLOSED 12/05/02 BY D DRISCOLL • PARCEL ID: 12737-073-22016 DATE RCVD: 12l14/01 # COPIEST CASE NO HPC060 01 CASE NAME: 434 E. Main St. Conceptual HPC and Partial Demo PLNR: Amy Guthrie PROJ ADDR: 434 E. Main Street CASE TYP: IConceptual HPC, Partial Demo STEPST— OWN/APP: 1434 E Main St. LLC ADR. 314 S. Galena St., ste CIS/Z: Aspen/CO/81611 PHN: 920-4988 REP: I Seedorf & Howie Partnership ADR: 234 E. Hopkins Ave, 2 C/SIZ: Aspen/CO/81611 PHN: 920-4956 FEES DUE: 2405 D FEES RCVD: 2405 STAT: REFERRALS REF: — BYI MTG DATE REV BODY PH NOTICED REMARKS DUE: DATE OF FINAL ACTION: CITY COUNCIL: PZ: I BOA: CLOSED: BY: DRAC: PLAT SUBMITD: I PLAT (BK,PG): ADMIN:I ---T A,4* fC,-)c(-)d MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer RED 434 E. Main Street- Conceptual Development and Exemption from the Partial Demolition Review Standards- Public Hearing DATE: January 9, 2002 SUMMARY: This non -historic building is located in the Commercial Core Historic District. The proposal is to demolish and replace the roof and building front, reconfigure the interior, and add some new windows on the sides and rear of the structure. APPLICANT: 434 E. Main Street LLC, represented by Seedorf + Howie Partnership. PARCEL ID: 2737-073-22-016. ADDRESS: 434 E. Main Street, described as a parcel of land being a portion of Unit 1, The Galena Plaza Condominiums as shown on the plat thereof recorded in Book 33 at Page 89 of the Pitkin County Clerk and Recorder's Office, City and Townsite of Aspen, Colorado. ZONING: "CC, Commercial Core." SIGNIFICANT DEVELOPMENT (CONCEPTUAL) No approval for any development in the "H," Historic Overlay District, or involving historic landmarks shall be granted unless the Historic Preservation Commission finds that all of the following standards (Section 26.415.010.C.5) are met: a. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site covered by up to five (S) percent, HPC may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the • 0 neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed those variations allowed under Section 26.520.040(B)(2), for detached accessory dwelling units, and Staff Finding: The HPC has held a worksession to discuss the project. This building is unusual in several ways. It is one of the only structures in the Commercial Core that is entirely in residential use. In addition, this is one of the few blocks in the district which does not contain any historic resources. The building does not front a street and could be considered an "alley building," and it is a freestanding structure. The "City of Aspen Historic Preservation difficult to apply to this property because following may warrant discussion. Guidelines" for the Commercial Core are of the circumstances noted above. The Guidelines 13.4 and 13.14 discuss the character of the alley facade. 13.4 Develop alley facades to create visual interest. o Use varied building setbacks and changes in materials to create interest and reduce perceived scale. ❑ Balconies, court yards and decks are also encouraged. ❑ Providing secondary public entrances is strongly encouraged along alleys. These should be covered or protected and clearly intended for public use, but subordinate in detail to the primary street -side entrance. 13.14 Along a rear facade, using building forms that step down in scale toward the alley is encouraged. ❑ Consider using additive forms, such as sheds, stairs and decks to reduce the perceived scale. These forms should however, remain subordinate to the primary structure. o Use projecting roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. The applicant is unable to demolish any portion of the rear wall due to the building's status as a "non -conforming structure." However, it would be possible to work with the window openings and to possibly add overhanging elements to address the guideline. (An encroachment license would have to be issued for anything that extended over public property.) Staff finds that this issue is of some importance because the back of the building faces public open space. Guidelines 13.10 and 13.13 address the building height and roof shape. 13.10 True three-story buildings will be considered on a case -by -case basis. o In general, a proposed three-story building must demonstrate that it has no negative impact on smaller, historic structures nearby. ❑ The height and proportions of all facade components must appear to be in scale with nearby historic buildings. 13.13 Use flat roof lines as the dominant roof form. ❑ A flat roof, or one that gently slopes to the rear of a site, should be the dominant roof form. ❑ Parapets on side facades should step down towards the rear of the building. ❑ False fronts and parapets with horizontal emphasis also may be considered. Thdre are no small historic buildings adjacent to this site that would be negatively impacted by a taller building.. The Pitkin County Courthouse, a significantly larger structure than 434 E. Main, is located across the street. Because all of the buildings surrounding the courthouse are modern construction, there is no strong historic context remaining in the immediate area. Staff finds that the contemporary design proposed for this project, including the curved roof form, will not have any negative affect on the historic resource. b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and Staff Finding: The building is not consistent with the characteristics of most structures in the Commercial Core, but it was allowed to be built and can be modified to make more of a contribution to the character of the area. Staff finds that this standard is met. c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels, and Staff Finding: The project does not have any direct impact on a historic resource and therefore does not detract from the historic significance of any structure. Staff finds that this standard is met. d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. Staff Finding: 434 E. Main Street is distanced from the Pitkin County Courthouse and does not have a presence on Main Street. Staff finds that this project does not have any affect on the architectural character or integrity of any historic structure, or the historic district, and that this standard is met. EXEMPTION FROM PARTIAL DEMOLITION STANDARDS Exemption for structures within an "H," Historic Overlay District. The demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation of a structure located within an "H," Historic Overlay District, may be exempt from meeting the applicable standards in Section 26.415.020(B), (C), (D), (E) or (F) if the Historic Preservation Commission finds that the following conditions have been met: a. The structure is not identified on the Inventory of Historic Sites and Structures. b. The structure is considered to be non-contributing to the historic district. .A C. The structure does not contribute to the overall character of the historic district, and its demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation does not impact the character of the historic district. d. The demolition, partial demolition, off -site relocation, on -site relocation or temporary relocation is necessary for the redevelopment of the parcel. e. The redevelopment or new development is reviewed by the Historic Preservation Commission pursuant to Section 26.415.010. Staff Response: The building is not identified as historic and is therefore considered to be "non-contributing" to the historic district. It is currently a non-descript older building which would benefit from a renovation, the design of which is being review by HPC. RECOMMENDATION: Staff recommends that HPC grant conceptual approval for 434 E. Main Street with the following condition: 1. For final review, study ways to create more visual interest on the alley fagade. RECOMMENDED MOTION "I move to approve Resolution # j__, Series of 2002, granting Conceptual approval for 434 E. Main Street." Exhibits: A. Staff memo dated January 9, 2002 B. Application 0 0 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR CONCEPTUAL DEVELOPMENT AND EXEMPTION FROM THE PARTIAL DEMOLITION REVIEW STANDARDS TO RENOVATE A NON -HISTORIC BUILDING AT 434 E. MAIN STREET, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID# 2737-073-22-016 RESOLUTION NO. , SERIES OF 2002 .W. WHEREAS, the applicant, 434 E. Main LLC, represented by Seedorf + Howie Partnership, has requested approval for conceptual development approval and exemption from the partial demolition review standards for a renovation of 434 E. Main Street, City and Townsite of Aspen. The building is not historic but is located in the Commercial Core Historic District; and WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet all four Development Review Standards of Section 26.415.010.B.4 of the Aspen Land Use Code in order for HPC to grant approval, namely: 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units pursuant to Section 26.40.090(B)(2). 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof; and 0 0 WHEREAS, staff has determined that the proposed design should be restudied to better meet the Historic Preservation Design Guidelines 13.4 and 13.14 related to the design of the alley fagade of the building; and WHEREAS, No approval for exemption from the review standards for partial demolition can be granted unless all of the following standards are met: a. The structure is not identified on the Inventory of Historic Sites and Structures. b. . The structure is considered to be non-contributing to the historic district. C. The structure does not contribute to the overall character of the historic district, and its demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation does not impact the character of the historic district. d. The demolition, partial demolition, off -site relocation, on -site relocation or temporary relocation is necessary for the redevelopment of the parcel. e. The redevelopment or new development is reviewed by the Historic Preservation Commission pursuant to Section 26.415.010; and WHEREAS, Amy Guthrie, in her staff report dated January 9, 2002, performed an analysis of the application based on the review standards and the "City of Aspen Historic Preservation Design Guidelines," and recommended approval of the application with conditions; and WHEREAS, at their regular meeting on January 9, 2002, the Historic Preservation Commission considered the application, found the application to meet the standards, and to be consistent with the "City of Aspen Historic Preservation Design Guidelines" and approved the application, with conditions, by a vote of _ to THEREFORE, BE IT RESOLVED: That the HPC approves conceptual development and exemption from the partial demolition review standards for 434 E. Main Street with the following condition: 1. For final review, study ways to create more visual interest on the alley fagade. APPROVED BY THE COMMISSION at its regular meeting on the 9th day of January, 2002. Approved as to Form: 9 David Hoefer, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk 0 • a r c h i t e c t u r e TO: Amy @ HPC, City of Aspen From: Keith howie Fa)c Date: December 10, 2001 Re: HPC Application — 434 E. Main CC: File Dear Amy, Please consider this an application for Conceptual HPC approval and Partial Demo application for the Condos located at 434 E.Main Street, previously known and recorded as Galena Plaza, but now renamed in this application as Galena Lofts. Enclosed are the application standards set by HPC . The exhibits for the package are as follows: Exhibit A: HPC Application — Attachment 1 Exhibit B: HPC Application — Attachment 2 Exhibit C: HPC Application — Attachment 3 Exhibit D: HPC Application — Attachment 4 Exhibit E: Letter of Representation Exhibit F: Title Policy Exhibit G: Vicinity Map Exhibit H: Site Plan Exhibit I: Site improvement Survey Exhibit J: Neighborhood context photos Exhibit K: Scale Drawings of existing and proposed development Exhibit L: Mailing list of Property owners within 300 feet from Aspen GIS Dept. If there is anything else required for the package that has not been submitted or additional information is required, please contact me @ 920-4956. Sincerely, Keith Howie Seedorf + Howie Partnership Application representative 314 suite c, abc aspen, colorado 81611 tel. 970 . 920 . 4956 fax. 970 . 544 . 8211 0 ATTACHMENT 1 LAND USE APPLICATION FORM (Exhibit A) 1.Project name: Galena Lofts 2.Project Location: 434 E.main Street, Aspen, Colorado, 81611 Legal Description: A parcel of land being a portion of unit 1, The Galena Plaza condominiums as shown on the plat thereof recorded in book 33 at page 89 of the Pitkin County Clerk and Recorder's office, city of Aspen, county of Pitkin, state of Colorado, being more particularly described as follows: Beginning at the southeast corner of said unit 1, a rebar and cap L.S.#9184 found in place; Thence N 14d 50'49" E along the easterly boundary of said unit 1 a distance of 47.40 feet to the point of beginning; thence leaving said easterly boundary N 75d43' 16" W a distance of 18.17 feet: thence N 13d58'45" E a distance of 6.75 feet: thence N 73d12' 11" W a distance of 5.44 feet: thence N 16d34'32" E a distance of 2.32 feet: thence N73d25'28" W a distance of 0.90 feet: thence S 16d34'32" W a distance of 2.32 feet: thence N73dl2' 11" W a distance of 35.14 feet: thence N 15d04'52" E a distance of 7.08 feet: thence N 7506'45" W a distance of 0.25 feet: thence N 15d04'52" E a distance of 37.54feet to a point on the northerly boundary of said unit 1; thence N75d09' 11" E along the northerly boundary of said unit 1 a distance of 59.79 feet to the northeast corner of said unit 1, a rebar and cap L.S. #9184 found in place; thence S 14d50'49" W along the easterly boundary of said unit 1 a distance of 52.60 feet to the point of beginning; said parcel containing 2,844 sq. ft. more or less. Accessor's Legal Description: Condo:Galena Plaza Condominiums- Unit 1-B 3.Present Zoning: Commercial Core ( CC Zone District) 4.Lot Size: 2,844 s.f. 5.App6cant's Name 434 E.Main Street, LLC. Address, Phone 314 S. Galena Street, Suite 200 Aspen, Colorado, 81611 (970) 9204988 Contact: Greg Hills 6.Representative's Seedorf+ Howie Partnership Name, Address, Phone 234 E. Hopkins Ave., 2"d Floor Aspen, Colorado, 81611 (970) 9204956 Contact: Keith Howie 2 7� • 7.Type of Application (Check All that apply) _Conditional Use _Conceptual SPA _Special Review 8040 Greenline _Stream margin Subdivision _GMQS Allotment View Plane _Lot Split/Lot Line Adjustment _Final SPA _Conceptual PUD _Final PUD _Text/Map Amend. _GMQS Exemption Condominiumization _X_Conceptual HPC Final UPC _Minor HPC _Relocation PUD _Historic Landmark X_Demo/Partial Demo _Design Review Appeal 8.Desription of existing uses (number and type of existing structures, approximate sq. ft. number of bedrooms, any previous approvals granted to the property) The property is a single rectangular structure of concrete block, approx. 60' long and 30' wide. The available floor area ratio 5400 sq.ft. The property is currently being used as apartments. The new building will be used as apartments also. There are currently nine (9) units in the building. The current units are of the following size and number of bedrooms: Unit 1 288.3 sq. ft. 1 Bedroom Unit 2 717.4 sq. ft. 2 Bedroom Unit 3 667.9 sq. ft. 2 Bedroom Boiler Room 126.4 sq. ft. 0 Bedroom Unit 4 436 sq. ft. 1 Bedroom Unit 5 464 sq. ft. 1 Bedroom Unit 6 900 sq. ft. 2 Bedroom Unit 7 436 sq. ft. 1 Bedroom Unit 8 464 sq. ft. 1 Bedroom Unit 9 900 N. ft. 2 Bedroom Totals 5400 sq.ft. 12 bedrooms The new construction will keep the same number of bedrooms in each unit and keep the same floor area ratio in each unit. The location of the units relative to each other will change. 9. Description of Development Application The scope of this development application is the remodeling and refurbishment of 434 E. main street. In the proposed development we will be keeping the same number of units and the exact FAR sizes of each apartment in the building. We will be changing the position of the units within the buildings shall. We will be keeping over 50% of the exterior walls, and rearranging the window patterning in the concrete walls to better suit the new units. The proposed development will add any FAR to the remodeled building. The front, back and 3 side setbacks to the building walls will not change. We will be removing the flat roof and constructing a curved roof to open up the view to Aspen Mountain. The interior walls and floors will be removed and replaced. The roof structure will be raised approx twelve feet at the highest point and the form of the roof changed from a flat roof to a curved roof to open the view towards Aspen Mountain. This new roof complies with the height Tnnit in then Commercial core area. The existing staircases and decks on the south side will be replaced with new stairs and decks. The new decks will be approx. three feet wider than the existing decks. The existing concrete block wall will be sandblasted to its original color. This will not alter the existing relationship of the building to the existing zero lot line on the three sides of the building. We will be changing the south facade by adding more windows to open the view to Aspen Mountain and let more light into the units. 10. Please see title sheet for attachments and exhibit locations 4 ATTACHMENT 2 DIMENSIONAL REQUIREMEMTS FORM (Exhibit B) Applicant: Greg Hills, Austin Lawrence Partners Address: 314 S.Galena Street, Suite 200 Aspen, Colorado, 81611 970.920.4988 ZoneDistrict: CC Zone District — Commercial Core Lot Size: 2,844 sq. ft. Existing FAR: 5400 sq. ft. Allowable FAR: 5400 sq. ft. Proposed FAR: 5400 sq.ft. Existing Net Leasable (Commercial) 0 Proposed Net leasable (Commercial) 0 Existing % of Site Coverage: 63% Proposed % of Site Coverage: 63% Existing % of open Space: 37% Proposed % of open space: 37% Existing Minimum Height Principal Bldg: 28'-0" Proposed max. Height Principal Bldg: 40'-0" Proposed % of Demolition: 50% Existing number of bedrooms 12 Proposed number of bedrooms 12 Existing on -site parking spaces 0 Proposed on -site parking spaces 0 On -site parking spaces required 0 Setbacks Existing: 20' Front: 0 Rear: 20' Combined Front/Rear: 0' Side: 0' Combined Sides Minimum Required: No Req. Front: No Reg, Rear: No M. Combined Front/Rear. No req. Side: No req. Combined Sides Existing nonconformities or encroachments: Minimum lot size Minimum Lot area Per dwelling Variations requested: Code Actual 3,000 sq.ft. 2,844 sq.ft. 1,000 sq. ft. 600 sq. ft. None Accessory Bldg: DNA Accessory Bldg: DNA Proposed: 18' Front: 0 Rear: 18' Combined Front/Rear: 0' Side: 0' Combined Sides 5 ATTACHMENT 3 GENERAL SUBMISSION REQUIREMEMTS (Exhibit C) 1.Applicant's letter of representation: Please see Exhibit E 2.The Street address is: 434 E. Main Street. The legal description from the assessors office is Condo:Galena Plaza condos: Unit 1-B. the parcel ID # is: 2737-073-22016 3.The ownership title policy: Please see Exhibit F 4.Vicinity Map: Please see Exhibit G S.Site plan: Please see Exhibit H 6.Site Improvement Survey: Please see Exhibit I 7. Development Narrative: The development proposal for the property is for the remodeling and refurbishment of the nine existing condo units at Galena Plaza. Below is a narrative for both the existing conditions and the proposed development. Existing Conditions: The existing building is an undistinguished painted concrete block building with a flat roof and poured concrete stem wall foundation. The current building houses housing nine apartment units of varying sizes on three levels. (Please see attachment 1 for individual apartment sizes and bedroom count) The exterior walls are painted concrete block. The interior walls are a combination of wood framed partition walls and concrete block party walls. Proposed Development: The scope of this development application is the remodeling and .refurbishment of 434 E. main street. In the proposed development we will be keeping the same number of units and the exact FAR sizes of each apartment in the building. We will be keeping over 50% of the exterior walls, and rearranging the window patterning in the concrete walls to better suit the new units. The new proposal does not add any additional FAR to the remodeled building. The front, back and side setbacks to the building walls will not change. We will be removing the flat roof and constructing a curved roof to open up the view to Aspen Mountain. The interior walls and floors will be removed and replaced. The roof structure will be raised approx twelve feet at the highest point and the form changed to a curved roof. This new roof complies with the height limit in then Commercial core area. The existing staircases and decks on the south side will be replaced with new stairs and decks. The new decks will be approx. three feet wider than the existing decks. The existing concrete block wall will be sandblasted to its original color. This will not alter the existing relationship of the building to the lot line on the three sides where we have a zero lot line. 8.Additional Documentation: Please see photos of existing neighborhood context(Exhibit J) ATTACHMENT 4 SPECIFIC SUBMISSION REQUIREMEMTS: CONCEPTUAL REVIEW (Exhibit D) 1.Site Plan: Please see Exhibit H 2.Conceptual Selection of major building materials to be used in the proposed development: Exterior Walls: Exposed sandblasted concrete walls Patinaed corrugated vertical metal siding or metal shingles Metal and wood framed decks Windows Clear anodized clad metal windows. Opaque glass @ lower level bathrooms Decks/Stairs Metal or wood frame with wood infill decks Steel aircraft cable railings with wood or steel station posts Roof Non -Reflective dark colored standing seam metal roof Wood trellis Fascia Stained wood Soffit Stained wood 3.Neighborhood Context: The existing neighborhood context consists of a wide mix of buildings, both in style and size. The buildings are: North: Open field over parking garage. Small modern entry building to parking garage. Approx. 15' high East: City hall, approx 50' high in a Victorian style West: US Bank Building — Contemporary brick building with rounded forms and sunken courtyard behind building — approx 30' high Aspen Library — Mountain Victorian brick vernacular with mansard roof forms. Approx. 40' high South Hines office building — Contemporary brick building with rounded forms and sunken courtyard behind building — approx 30' high The existing building is an undistinguished painted concrete block building with a flat roof and poured concrete stem wall foundation. There is really no significant historical value to the building, besides being in the commercial core with some historic buildings around it. There are no redeeming architectural elements on the building that warrant saving. The renovation of the building will add some character to a mundane building. By raising the roof with a new u • form and still using the existing exterior walls, we can have a new exciting building, while still reminding people what used to be there. In this neighborhood there is an eclectic mix of styles, from the city hall to the library to bank and Hines offices building. There really is no set style that all the buildings conform to, or a direction that would dictate any forms the new building should take. Our proposal for this building will fit in with the wide range of styles and building heights in this neighborhood. The proposed building does comply with the residential design standards as much as a muhi- family dwelling can. The east and north facades facing the round -a -bout and the alley have a fenestration pattern that is consistent with the design standards. We are not changing the footprint of the building so we are not affected by the building position in relationship to street. 4. Scale Drawings: Please see Exhibit K 5. Visual description of neighborhood context: Please see Exhibit J 0 EXHIBIT E AUSTIN LAWRENCE PARTNERS, December 10, 2001 Galena Lofts 434 E. Main Street Aspen, CO 81611 Re: Historical Preservation Commission Application To Whom It May Concern: L L C I hereby authorize Seedorf + Howie Partnership to act as our designated and authorized representative with respect to the land use application being submitted to your office for our property located at 434 E. Main Street (Galena Lofts). Seedorf + Howie Partnership is authorized to submit an application for Minor Development on our property. They, or their assigns, are also authorized to represent us in meetings with City staff, Historical Preservation Commission and any other City of Aspen agencies. Should you have any need to contact me during the course of your review, please do so through Seedorf + Howie Partnership, whose address and telephone number are included in the application. Sincerely, Gregory . Hill Managi g Partner 434 E. Main, LLC 314 SOUTH GALENA STREET SUITE 200 ASPEN, CO 81611 970.920.4988 FAX 970,920.9731 American Land Title Association Commitment - Modified 3ng COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY A%ILEc� Chairmen of the Boa 3`g'�,cA�``%�i ti=► Ns 1908 to 44 t Countersigned: rfXAs on zeoX1ji gnature - Tom Twitchell STEWART TTPLE OF ASPEN, INC. Agent ID #06011 A President Order No. 00029220 44 CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT ORDER NUM- BER which appears on the bottom of the front of the first page of this commitment. • SCHEDULE A • Order Number: 00029220 1. Effective date: November 01, 2001 at 7:30 A.N. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's (standard) $ TED Proposed Insured: TO BE DETERMINED (b) A.L.T.A. Mortgagee's $ Proposed Insured: (c) Leasehold $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: 434 EAST MAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: See Attached Legal Description STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. 1/2 HALF SUBDIVIDER RATE ON ALL UNIT SALES STEWART TITLE OF ASPEN, INC. 620 E. Hopkins, Aspen, CYIT&Ti orized ignature - Tom Twitchell • SCHEDULE A • Order Number: 00029220 LEGAL DESCRIPTION unit _, GALENA LOFTS CONDOMINIUMS, according to the Condominium Map thereof recorded 2002 in Plat Book _ at Page _ as Reception No. and as defined and described in the Condominium Declaration for Galena Lofts Condominiums recorded , 2002 as Reception No. COUNTY OF PITRIN, STATE OF COLORADO. SCHEDULE B Section 1 Order Number: 00029220 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be exectued and duly filed for record, to wit: 1. Recordation of a good and sufficient Condominium Plat and Condominium Declaration. 2. The following is required with respect to 434 East Main, LLC, a Colorado Limited Liability Company: a. Satisfactory evidence furnished by the Secretary of State in which Articles were filed, confirming that said Limited Liability Company is in good standing. (i.e., Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b. Copy of the Articles of Organization of said Limited Liability Company. C. Copy of the Operating Agreement of said Limited Liability Company. NOTE: If any Managers are themselves partnerships trusts, limited liability companies or corporations, additional requirements will be necessary. 3. Deed from vested owner, vesting fee simple title in purchaser(s). 4. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 5. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. SCHEDULE B 46 . Section 2 Order Number: 00029220 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. Reservations and exceptions as set forth in the deed from the City of Aspen recorded in Book 59 at Page 267 and 394 providing as follows: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 9. Terms, conditions, obligations and all matters as set forth in Statement of Exemption from the Full Subdivision Process recorded February 22, 1994 in Book 742 at Page 489 as Reception No. 367200. 10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration of The Galena Plaza Condominiums recorded February 22, 1994 in Book 742 at Page 497 as Reception No. 367202 and Supplement to Condominium Declaration recorded May 13, 1999 as Reception No. 431031. 11. Easements, rights of way and all matters as shown on the Condominium Map for The Galena Plaza Condominium recorded February 22, 1994 in Plat Book 33 at Page 89 as Reception No. 367203 and on the First Amended Plat thereof recorded May 17, 1999 in Plat Book 49 at page 82 as Reception no. 431147. 12. Deed restriction pertaining to "no retail banking business" as contained in Warranty Deed recorded February 22, 1994 in Book 742 at Page 515 as Reception No. 367204. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded February 22, 1994 in Book 742 at page 519 as Reception No. 367205. Continued on next page Continuation of Schedule B - Section 2 Order Number: 00029220 14. Terms, conditions, provisions and obligations as set forth in Assignment and Assumption of Leases recorded February 22, 1994 in Book 742 at Page 524 as Reception No. 367206. 15. Terms, conditions, provisions and obligations as set forth in Development Rights Transfer recorded February 22, 1994 in Book 742 at Page 526 as Reception No. 367207. 16. Terms, conditions, provisions and obligations as set forth in Ordinance No. 64 (Series of 1993) of the City Council of the City of Aspen recorded March 16, 1994 in Book 744 at Page 629 as Reception No. 367933. 17. Terms, conditions, provisions and obligations as set forth in Ordinance No. 46 (Series of 1993) of the City Council of the City of Aspen recorded March 24, 1994 in Book 745 at Page 631 as Reception No. 368258. 18. Terms, conditions, provisions and obligations as set forth in License Agreement recorded May 19, 1999 as Reception No. 431316. 19. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration of The Galena Lofts recorded , 2002. 20. Easemnets, rughts of way and all matter as shown on the Plat of Galena Lofts Condominiums recorded , 2002. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. If said update reveals no intervening liens or changes in the status of title, Exception No. 5 above will be deleted. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment 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 materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen'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. 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. Order No. 00029220 Disclosures (YSDD) Rev. 10/99 STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our 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 customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- 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. He No. 00029220 Stewart Title of Aspen, Inc. Privacy Policy Notice (Page 1) Rev.07/2001 (YPPNI) f: .'• a "Stanwood m i m m m m w w m � . — Ilcnp 1pw 1•arl Pitkin Mesa 1�� ^ Creek Club t �L 1 N /y \Mountain Ranch Aspen Grove • . EXHIBIT H NAJ H fql�t�r- t SITE PLAN i I MATE OF SURVEY IY DECEMBER 10. TON. CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THIS ONDOIINNW I. T E SIONGALE EXEMPTION PLAT AMEMUMS THE PLAT OF THE GALENA PLAZA CONDOMINIUMS -AMENDMENT NO. 1 THE GALENA PLAZA CONDOMINIUMS RECORDED AT OK 33/PG 89 BY SIBDIVIOINO WIT 1, THE GALENA PLAZA COI/DOYINIUMS INTO WITS 1-A AID I_a 2. BASIS OF BEARING FOR THIS SURVEY 15 A BEARING OF 5 75- WTI- E (A SUBDIVISION OF UNIT 1 THE GALENA PLAZA CONDOMINIUMS INTO UNITS 1-A and 1-B) BETWEEN THE HE TWISTSOUTHEAST CORNER, A REBAR AND CAP LS N0. 9. 9 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., PLACE, AND TINE SOUTHEAST CORNER, A REBAR AND CAP LS W. 9181 IN PLACE, OF THE GALENA PLAZA CONDOMINIUMS. � _ S. THIS SURVEY I$ BASED ON THE RECORDED PLAT OF THE GALENA PLAZA IDPITKIN COOMINTMS AS RECORDED IN PITH IN COUNTY LID RECORDER$ OFFICE AT BOOK 33. PAGE 09. AND CORIRRS FOUND IN \ REBAR & CAP ` r \` PLACE. -\ LS p19598 (SET) 20,4p LOCkc @ 4. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS. \_ GALENA PLAZA `- S 470E V O.A. j CONDUIT ` SEWER ANHOLE COVENANTS. EASEMENTS, AND RI OHT S-0OF-MAY IN PLACE OR OF RECORD CON NA PL Z ' 'i ,/.'" 7S 0 R•O, I.i7 AS SET FORTH IN SECTION 2 OF SCHEDULE B OF THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE. CASE NO. 13656 DATED JANI1/UtY 19. 1999 \ %,' /.- .' 9�II N SEWER MANHOLE UNIT 2 TEL. PED ALL EASEMENTS OF RECORD AS INDICATED UN SUCH TITLE COMMITMENT / E ARE SHOWN HEREON. �� I/ i@.71 RIM ELEV = 7911.2 5. UNITS I -A AND 1-8 ARE SUBJECT TO FURTHER SUBDIVISION, AS PROVIDED \ /' TV PED REBAR &CAP IN THE SUPPLEMENT TO TIE DECLARATION FOR TIE GALEMA PLAZA ENERAL COMMON ELEM NT �' ' ;, - ) $ coHDOMINN1Ms RECOROEDrM7C+W9fR ✓R'�aR PRovIDED BETWEEN UNIT 1 AND 2� O, n \_ 8'S0' ELECT. $ LS ILLEGIBLE HKEVER, NO FURTHER SUBDIVISION MALL OCCUR UAESS ALL REQUISITE LIMITED COMMON ELEMENT FOR UNIT 1-A / METER LAID i AL OBTAINED FROM THE CITY O ASPEN j/','" O PARKING ,i'� �I µ0. 4Slost (BETWEEN UNITS 1-A AND 1-B) B. THIS CCVDOYINI MAS VERTICAL BOUNDARIES ONLY (AS DEFINED IN �; - _ UNIT 1 A O' . C R.S. ]6-]}y103). /i' /Q 3 ':d�.f 7 I W TS 1-A AND 1-0 SHALL BE CONSIDERED AS SEPARATE P .' .. %:. E URCELS O PROPERTY CATER THE ASPEN LARD USE CC. COMMERCIAL FOR ORE. ES OF THE APPLICATION OF THE UNDERLYING CC, AFFORDABLE CORE, ZONE DISTRICT'S DIMENSIONAL, PARKING, AND AFFORDABLE HOJSING 9 REQUIREMENTS.�� b"f/A:e�lf3D N, O m rjr1&_r / A Id 1DUNTAIR SUEJECT y PROPERTY VICINITY MAP SCALE: 1' . 2000' 6. CONTROL FOR THIS SURVEY CLOSES BETTER THAN ONE PART IN TEN ti TWO STORY CONIC. BLK ���� PROPERTY DESCRIPTION S T/DUSAND. ACREAGE 9XXN TO PLUS OR MINUS .001 ACRES. ' Q 9. ALL REFERENCES TO RECORDED DOCLWENTS SALT REFER TO THE REAL UN E3 -_P(� W 'BA.SEisENT '{ Y' "b t ' A PARCEL OF LAND BEING A PORTION OF WIT I, THE GALENA PLAZA ESTATE RECORDS OF PITKIN COUNTY, COLORADO. '�'•` CONDOM NIU6 AS SIE NON THE PLAT THEREOF RECORDED IN BOOK SS AT -/ PACE 89 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE. CITY Of s' ASPEN. COUNTY OF PITKIN, STATE OF COLORADO BEING MORE I 10. IT SHALL ND TIE AEPAIR IVE OBLIGATION IT TE ENNERTHE RE WIT - 3 PARTICULARLY DESCRIBED AS FOLLOWS:1-A TO WINTAIN, REPAIR AND REPLACE AT ITS EXPENSE TIE RETAINING TWO STORY BRICK'MALLLOCATED WITHIN WIT I -A IN SUBSTANTIALLY TIE SAYE CONDITION. AR T T I A LBEGINNING AT TIE SOUTIEAS HE PDT OL SA 0 W REBAR AND GR EXISTING ax MER DATE HUNIT I THE EMPORARY LI WIT I-0 HEREBY BLDG W/BASEMENT - '�SEWER MANHOLE L.S. /91N FOND IN PLACE. THE POINT ai BEGINNING: THENDEGRANT i0 THE OW1ER(5) OF WIT 1-A A TEMPOIAM LICENSE EXERCISABLELN 75'09'1I• W ALONG TIE SOUTHERLYBOINIART OF $AID WIT 1-A A UPON PRIOR WRITTEN NOTICE TO THE OWNER(S) OF UNIT 1-0 TO ENTER ('� ��� RIM ELEV v 7911.68 DISTANCE OF 78.50 FEET TO THE SOUTHWEST CODER A SAID WIT 1UPON; REPAIR UNIT 1 E TO THE EXTENT NECESSARY TO PERFORM SUCH MAINTENANCE. RE TAININI'- CI) ', D \ --�- - to _ THENCE N 14'50'49' E ALGID THE WESTERLY BORDARY OF SAID WIT 1 z REPAIR AND REPLALEMENI TO SAID RETAINING WALL, UPON COMPLETION WALL ��)' A DISTANCE OF 100.00 FEET TO TIE NORTHEEST CORNER O SAID UNIT 1, O SUCH MAINTENANCE, REPAIR AND REPLACEMENT TO SAID RETAINING U `�` `-`�- O •• CURB WALL, THE OWNER(S) OF WIT 1-A SHALL RESTORE ANY DISTURBED AREAS, S 75'06', E / •����U 1 THENCE S ]S'09'I1' E ALONG ETT NORTHERLY BOUNDARY OF SAID WIT TO THE FULLEST E%TENT REASONABLY POSS ISLE. TO THE CONDITIONS _ 0.25' _ S 73 25'28� E 1 A DISTANCE OF 18. 71 THENCE LEAVING SAID NORTHERLY BO BOUNDARY EXISTING PRIOR TO SUCH MAINiENAMCE. REPAIR AND REPLACEMENT. ( UNIT - \1 U U.9O' S IS'04'52 W A DISTANCE OF 37.51 FEET: THENCE S ]5'06'45' E m IN THE EVENT THAT THE OWNER(S)OF WIT I -A FAIL TO MAINTAIN, $ /�� 1 1 U ` O N i6'34'32" E A DISTANCE OF 0.25 FEET; T1ENDE S IS'01'S2' W A DISTANCE OF N c. REPAIR AND REPLACE (AS THE CASE MAY BE) SAID RETAINING WALL AFTER 1'i•]Z ]/ ,844 S .fLt ` 2.32' ,� 7.00 FEET; 6.34N32SE7A DISTANCE OD1532Ni EC THENCE i n NOTICE iR04 THE OWER(S) OF WIT 1-8 AND A REASONABLE OPPORTUNITY _ f O.OE5 5 ]]'25'26' TO A DISTANCE OF 0.90 FEET: TIICNCE 5 16'3I'32' WA I: TO DO 50. AND - FAILURE, IN T/IE REASONARLF DETERMINATION OF &RI ' 33,/4 -- - - - --- -- /�' DISTANCE ai 2.32 FEET: THENCE S 73'12'11' E A DISTANCE OF 5.44 W THE OWNER(5) OF WIT I-0, NEGAT IVELT IMPACTS UNIT 1-0, THEN THE CK P S 15.04' 2" W /� (,AQ Al S 16.34'32' W / / FEET; THENCE S 1S'SB'45' x A DISTANCE OF 6.75 FEET; THENCE OWNER(S) OF OF I -A HEREBY GRANT TO TIE OXNER(S) OF UNIT 1-B UR VEQ 7.08 7- h 3 A TEMPORARY LICENSE TO ENTER UPON UNIT 1-A TO THE EXTENT �qRQ- �7'- S W / EASTERLY BOUNDARY o< SAID WIT I; TIEMCE S 11'SO'19' • ALONG NECESSARY TO PERFORM SUOI MAINTEIWNCE, REPAIR AND/OR REPLACEMENT Q 2.32' S EASTERLY 1BO E A DISTANCE ai 16.17 FEET E, A POINT ON THE VI UU!! p p U O J TO SAID RETAINING WALL, AID ANY EXPENSES 50 INCURRED SHALL RETAINING _ / THE EASTERLY BOUNDARY OF SAID WIT 1 A DISTANCE O 17.10 FEET TO BE PAYABLE BY TIE ONWR(S) Of WIT 1-A. WALL �/ THE PC OF BEGINNING: SAID PARCEL CONTAINING l.003 S0. FT. MORE UPON COMPLETION OF SUCH! MAINTENANCE, REPAIR AND - GAS EL y - / OR LE55. REPLACEMENT TO SAID RETAINING WALL. THE OWER(S) OF UNIT I-0 • • SHALL RESTORE ANY DISTURBED AREAS. TO THE FULLEST EXTENT PLUG (TYP. - - $ Q- REASONABLY POSSIBLE. TO THE CONDITION$ EXISTING PRIOR TO SUCH 1S'43• Q PROPERTY DESCRIPTION "IN TENAMO. REPAIR AMD REPLACEMENT. TILE FOREGOING LICENSES - �'� l8•T ]s• E• 2 3 WIT I-0 PROVIDED FOR UNDER THIS PLAT NOTE MALL BE ASSIGNABLE BY THE i Alt $ ) LU. ` BEING A PORTION GALENA (j OWNER(S) OF UNIT I -A AMC/OR 1-0 (AS THE CASE MAY BE) TO THEIR GALENA PLAZA W /';' ! D' 13S8'4$• J Q QET811. CONDOMINIUMS A PARCEL OF LAND A SSVIO'N ON THE P OF LIMIT IRECHORD 0 INBOOK ZJ3 AT j RESPECTIVE SUCCESSORS IN TITLE AND ASSIGNS, AND SHALL NOT 8E CONDOMINUMS ! ..'J✓ $ B.JS' W Q Q PACE 89 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, CITY OF TERYI GABLE BY THE RESPECTIVE GRANTORS O SAID LICENSES. /^•', %J• -4k C.7 FNI ARGEMFNT / e )T']]• Yf ASPEN. LAR/TY OF PITKIN. STATE OF COLORADO BEING MORE GI UNI 2 5. 4q f I; ^ -- --- PARTICULARLY DESCRIBED As FOLLOWS: �^ I1. THE RMER(S) OF WIT 1-A HEREBY GRANT TO THE OONLY TO CIF WIT 1-0/ BEGINNING AT THE SOUTHEAST CORNER OF SAID MIT I, A REBAR AND CAP A PENT SUCH EASEMENT FOR LATERAL SUPPORT, BUT ONLY TO THE �� Q ' ) EXTENT 9KN SUPPORT IS PROVIDED AS OF THE DATE HEREOF BY AHD - 1 J' I ' A'f THROUGH THE RETAINING WALL LOCATED ON UNIT 1-A. '� L. S./91 B1 FOUR IN PLACE; THENCE N 14'SO'19' E ALONG THE REBAR & CAP ^V' O' P.Q.B. UNIT 1-B EASTERLY BOUNDARY OF SAID WIT 1 A DISTANCE OF 47.40 FEET TO THE 12. THE OWNER(S) OF WIT 1-A HEREBY GRANT TO THE OWNER(S) OF WIT 1-8 .+'ONE STORY BRICK' ;r3 POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY BOl10ART A PERMANENT LICENSE FOR THOSE VENTS. UTILITY AD CABLE LS #19598 (SET) yy/�' -�• �' - �y. ,��' � PLANTER, / N 75'43'16' W A DISTANCE OF 18.17 FEET; THENCE N 13'59'45' E >y V TELEVISION COHECTIONS AND OTHER FEATURES EXISTING AS OF THE 2 � da' BLDG W/BASEMENT d I ,� 1 A DISTANCE OF 6.75 FEET; THENCE N 73'12'I1' R A DISTANCE O UV DATE HEREOF AS SHOWN ON THIS PLAT ('FEATURES') THAT ENCROACH `� / S.N IFFY; THENCE N 16'31'M' E A DISTANCE OF 2.M FEEL; THEME _1 INTO WIT I -A AS A RESULT OF BEING AFT IXED TO THE OUTSIDE OF THE , >� % f O (/] N 73'25'28' W A DISTANCE O 0-90 FEET: THENCE S 18'34'32' W A ii Ay WESTERN WALL O THE BUILDING CURRENTLY LOCATED WI TRIM WIT 7 DISTANCE OF 2.32 FEET: THENCE N 73'12'11' W A DISTANCE OF 35,14 ^ FURTHER, THE ONER(S) OF WIT I -A HEREBY GRANT TO THE • '�' UNIT 1-A • FEET; THENCE N 15'01'52' E A DISTANCE Of ].OMB FEET; THENCE OYMER(S) O WIT 1-0 A PERMANENT LICENSE EXERCISABLE UPON PRIOR ` . • NY. N 75'05'45' W A DISTANCE OF 0.25 FEET; THENCE N 15'04'52' E A I-TTEN NOTICE TO THE (ME.Ti S) N WIT 1-A, TO EARNER ON70 WIT \ �� �005 sq fftt ± DISTANCE OF 3].SI FEET TO A POINT ON THE MORE BOUNDARY O I -A TO CONSTRUCT. AT SOME. TIME IN THE FUTURE. A RADON MITIGATION • 0.114 AC.t SAID ON 1; THENCE S 75'09'11' E ALONG THE NORTHERLY BOUNDARY VENT ON THE WESTERN WALL O THE BUILDING CURRENTLY LOCATED •, OF SAID UNIT 1 A DISTANCE OF 59.79 FEET TO THE NORTHEAST CORNER WITHIN WIT 1-0, AND UPON THE CONSTRUCTION OF SAID VENT IT SWILL /,I OF SAID WIT 1, A REBAR AND CAP L.S. #9154 FORD IN PLACE; THENCE BECOME A PART OF THE 'FEATWES' DEFINED NEREINABOVE. FURTHER, . ,Y ?5%1 �M S 14'50'49' W ALONG THE EASTERLY BOUNDARY O SAID UNIT I A THE OWNER(S) Dv WIT I -A HEREBY GRANT TO THE ONNER(S) OF WIT 1-0 �• "J'I WATER SPIGOT DISTANCE OF 52.60 FEET TO THE POINT OF BEGINNING; SAID PARCEL A TEMPORARY LICENSE EXERCISABLE UPON PRIOR WRITTEN NOTICE TO ` \'. ON BLDG (TYP.) SIDEWALK CONTAINING 2.844 SO, FT. MORE OR LESS. F NI yj THE CARERS) OF WIT 1-A TO ENTER UPON WIT 1-A TO THE EXTENT I"�I ! Ff Ri IF! eT O 0 OI 'CATION R�NIP NECESSARY TO PERFORM SUCH WINTENANDE. REPAIR AND � • un REPLACEMENT TO THE FEATURES OR TO THE WESTERN WALL OF THE •• BUILDING CURRENTLY LOCATED WITHIN UNIT 1-0. UPON COMPLETION O KNOW ALL LEN BY THESE PRESENTS, THAT GALENA PLAZA, LLC, A SUCH MAINTENANCE. REPAIR AND REPLACEMENT, THE OINER(5) OF UNIT ``� • ' COLORADO LIMITED LIABILITY COMPANY. BEING THE OWNER OF W17S 1-0 SHALL RESTORE ANY DISTURBED AREAS. TO THE FULLEST EXTENT / GRAPHIC SCALE > REASONABLY POSSIBLE, TO THE CODITIONS EXISTING PRIOR TO SUCH •• C I -A AND 1-8, THE GALENA PLAZA CONDCYINIUIK. BEING THE REAL t MAINTENANCE. REPAIR AND REPLACEMENT. IN THE EVENT OF THE `\ 8,50' PROPERTY SNDYWN HEREON DOES HEREBY CERTIFY THAT THIS CONOOYINIW ; 1 REMOVAL OF ANY OF THE FEATURES. THIC IG,FNSF W N - - • _ K�IOMAIICALLY ILNYINA IE AS t0 THE `EATJRES REMOVED. `� " SI.OBVIVISItN EXFNPTION PLAT FOR THE GALENA PLAZA ,yCOND!WINIU4'- NOTWITHSTANDING THE FOREGOING. HOWEVER, IN THE EVENT THAT THE MAC PURPOSE STATED IN THE SUPPLEMENT TO THE C NI W+OECLARAT OW/ER(5) OF WIT 1-0 REPLACE ANY O TIE FEATWES WITH ITEMS OF % N (' FOR THE GALENA PLAZA COIDO/INIWS DATED 1999 RECORDED AS SUBSTANTIALLY SIMILAR SIZE DI ANYSIONS, THE OARERI S) OF WIT I -A 00 ST • • (,N PF8'f) melo0K _ AY"PAG[_ AND THE IXDERSIpED DOE$ HEREBY Ne HEREBY GRART TO THE OWER(S) OF UNIT 1-6 A PERMANENT LICENSE OO' Reej ` '\ �' P.O.B. UNIT 1-A / 1 UIPB 20 R SUBMIT SAID REAL PROPERTY TO TIE TERNS. PROVISION$ AID CONDITIONS gj1051 FOR SVGA REPLACEMENT FEATWES, WIICN MAY BE INSTALLED BY THE �D REBAR &CAP / a THE CONDOMINIUM DECLARATION FOR THE GALENA OWNER(S) RE WIT 1-0 AT LOCATIUN(5) TO BE REASONABLY SELECTED BY YWT rJ' Of R'S iRi IFI AT R.0. `•1/ LS �19184 (END.) PLAZA CONDOMINIUMS RECEPTION OATEN FEBRUARV 11, IB94 RECORDED IN BOOK D42 AT PAGE 497 AS RECEPTION NO. 367202 AND SAID SUPPLEMENT. THE OWNfROF NI UNIT 1-8 OC LONG AS TUCH IRSTKLABLY AND TED BYENT �� DOES NOT MATERIALLY INTERFERE WITH THE USE AND ENJOYMENT TO BE MADE COLORADO NATIONAL BANK ASPEN. BEING THE BENEFICIARY OF THAT DEED OFWIT 1-A BY TILE OWMER(S) THEREOF. THE FOREGOING LICENSES PRW IDED OF TRUST DATED JUNE 14. 19% AD RECORDED JIVE 21, f9B6, AT DATED: -ill 1999. FOR UNDER THIS PLAT NOTE SHALL BE ASSIGNABLE BY TILE OWNERS) OF RECEPTION NO. 394018 ENCCABERING UNIT I, THE GALENA PLAZA FIRE HYDRANT GALENA PLAZA, LLC WIT 1_9 TO ITS SUCCESSORS IN TITLE AND ASSIGNS, AND SHALL NOT BE CODOIIN TUNS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK TERMINABLE BY THE GRANTOR OF SAID LICENSES, 33 AT PAGE 89 HEREBY CONSENTS TO AMC APPROVES THE FILING OF THIS AND VALVE ,�tN � CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA BY. _40_4•L•AL v-,- IJ. THE OWNER(S) OF UNIT I -A HEREBY GIANT TO THE OWMER(S) OF WIT 1-0 CONDONINIUS-AMENOENT 40. 1 IN ACCORDANCE WITH THE COVENANTS, NANAGERIWAEII w -- A PERMANENT OF EXERCISABLE UPON PRIOR WRITTEN NOTICE TO THE NESEWATION$ EASEMENTS. OBLIGATIONS AD CONDITIONS APPEARING HEREON c•]�F OWER(S) OF WIT I -A TO ENTER ONTO UNIT I -A FOR THE PURPOSE OF ND AGREES THAT SAID DEED OF TRUST SHALL BE SUBORDIMATE TO THIS SURV YYR'f CERTIFICATE TIT F YAMI R'S ERTIFI AT PERFORMING PAINTING AD/OR OTHER MAINTENANCE ON THE BUILDING CODOMINIW SUBDIVISION EXEMPTION PLAT FOR /HE GALENA PLAZA ,vM-Pg�Wlya N CURRENTLY LOCATED WITHIN WIT 1-8. AND, IN CONECTION THEREWITH. THE 'XIDOMINIWS-AMENDMENT NO. I. I, FRAM W. HARRINGTON. A REGISTERED LAND SWVEYOt IN THE STATE O I, VINCENT J. HIGENS. AS PRESIDENT OF PITKIN COUNTY TITLE. INC.. STATE O ) OWlER(5) OF WIT 1-0 SMALL BE PERYI TTEN TO CONSTRUCT AND MAINTAIN COLORADO. EMPLOYED BY HIGH CONTIR ENGINEERING. INC., DO HEREBY DO HEREBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION TO BE MADE O COUNTY OF YAT�I MJ 355 G Z TEMPORARY SCAFFOLDING ON UNIT 1-A, BUT ONLY TO THE EXTENT REASONABLY EXECUTED THIS ..'S DAY O 1999. CERTIFY THAT I HAVE PREPARED HI5 CODOMINIW SUBDIV13ION E%EMPTIO! THE PROPERTY DESCRIBED HEREIN, AND BASED ON THAT EXA INA ION ) NECESSARY FOR THE PERFORMANCE OF SUCH PAINTING AD/OR MAINTENANCE. - PLAT FOR THE GALENA PLAZA CONDOM IN I UMS-AMENDMENT ND. I; THAT THE GALENA PLAZA, LLC. A COLORADO LIMITED LIABILITY COLVANY• d UPON COMPLETION OF SUCH PAINTING AD/OR 07HER MAINTENANCE, THE OWNERCS) LOCATION OF THE OUTSIDE BOUNDARIES. ROADS. EXISTING STRUCTURES, CO/LSTITUTES THE FEE SIMPLE OWNER OF THE PROPERTY SUB CT TO THE THE FOREGOING CERTIFICATE OF DEDIC»TIUN AND OWNER WAS ZW OF WIT 1-0 SNALL RESTORE ANY DISTURBED AREAS, TO THE FIALEST EXTENT COL 0 MATIONAL ASPEN PACILIilES. AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY $NEWT LIENS AND ENQR6RANCES NOTED HEREON. ALTHOUGH 1 BELIEVE THE ACKNOWLEDGED BEFORE ME THIS 1$� OAT OF pY p �ZZ ? REASONABLY POSSIBLE, TO THE CONDITIONS EXISTING PRIOR TO SUCH HERECN. THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER Mt FACTS STATED ON THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT ARE ' (/e F O Q PAINTING AND/Olt MAINTENANCE. THE FOREGOING LICENSE PROVIDED BY: - SUPERVISION: THAT THIS CJHDOIINIW SUBDIVISION EXEMPTION PLAT FOR TRUE, TXIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT O I'I VOW fs.w MG NE¢ MANAGER OF GALENA PLAZA. LLC \ 4 V FOR UNDER THIS PLAT NOTE MALL BE ASSIGNABLE BY THE OWNER(S) O NAME: THE GALENA PLAZA CCNDCMINII ':n Z () L PARK AS -AMENDMENT NO. 1, MEETS THE TITLE. NOR CE OPINION OF TITLE NOB A GUARANTEE OF TITLE. IT I$ WITNESS Lrr HAND AND OFFICIAL SEAL. WIT 1-0 TO I75 SUCCESSORS IN TITLE AND ASSIGNS. AND SHALL NOT BE STATE O d0 TITLE: W.N.DIT REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN COLORADO UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC.. ME HER CJUIBJA E' j wa Q TERMINABLE By THE GRANTdt OF SAID LICENSE REVISED STATUTES 1973. TITLE 58. ARTICLE 51. AS AMENDED FROM ASSUMES Mdi WILL BE CHARGED WITH ANY iINANC IAL OBLIGATION OR M/I' COMMISSION EXPIRES :Ie]il� PIYNN U SS TINE-TD-TIME AND CONTAINS ALL THE INFORMATION REWIRED BY C.R.S. n _ COUNTY OF 'p1}�(.IN LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. 7 'p C) 11. THIS PROPERTY IS LOCATED IN THE COMMERICAL CORE 36-SJ, 3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. - - - f K• ( CC') 201E DISTRICT. �q /� �ON � 1NE FOREGOING MORTGAGE HOLDER'S CERTIFICATE WAS A EDG D E?I`IW08VN Y DATED THIS y'].- DAY O AIAT 1999. CITY ENGINEER NHWDVAt OF CON 5 W W Z 15 THE OTNER(5) OF WIT 1-0 HAVE THE RIOIi TO USE TILE DIlPSTER LOCATED BE ENE NI .-IJ- _ DAT O C1►If _19*1 BY a, PppO ..... �-°--ti.-..--- o< W WITHIN WIT 1-A THE OWNER(S) OF UNIT 1-A MAY RELOCATE THE DIAASTER f0F '� - OA7ED: ]-. 1999. `����••�LAR$ly`;�f9�q- THISACODOJINIW r:ABIVISIION NE XXELPTIO SPLA OTB GALENA mU COONADO MATT BAN( ASPEN. T� PITKIN COUNTY TITL INC. WITHIN WIi 1-A. NIGH COUNTRY ENGINE11r NC. c CITY IK;IWEER FOR THE CITY OF ASPEN WITNESS ARTY HAND AND OFFICIAL SEAL. ���£ THIS DAY O 1929. 16. IN THE EVENT THAT THE ONNER(5) O MIT I -A REDEVELOP THE BUILDING gY. \ ,.aa.. BY. ~ CURRENTLY LOCATED WITHIN WIT I -A OR THE T I-B.S) O UNIT 1-0 REDEVELOP MY COMMISSION EXPIRES: OF/11/W1 FRAM( W. HARRINGTON.. 19598:J4,e PUNGENT J. NI ESIDENT THE BUILDING CURENTLY LOCATED WI SHIM WIT 1-B. AlD IN CONNECTION WITH SUCH REDEVELOPMENT THE PARTY PERFORMING THE REDEVELOPMENT MUST ENTER STATE O ca__i_ ) ✓UH•• f'Qe� STATE O C.0)a-tea UPON THE PROPERTY OF THE OTHER PARTY, THE PARTY PERFORMING THE IRE- I ., )SS STATE ;SS CITY ENGI R OO DEVELOPMENT SHALL REOUEST WRITTEN CONSENT FRO/ THE OTHER PARTY TO ENTER COUNTY O cA, � ) COUNTY OF p:tl�•.� ) CLERK AND RF R'SCERTIFICATE}' W+ UPON THE OTHER PARTY'S PROPERTY TO THE EXTENT REASONABLY NECESSARY FOR THE PERFORMANCE OF SUCH REDEVELOPMENT SUCH CONSENT SHALL NOT BE THE F GOING SUtVEYW'S CERT �FICATE WAS ACKNOWLEDGED BEFORE THE FOREGOING TITLE EXAMINER'S CERTIFICATE WAS ACKNOW.EOGED UNREASONABLY WITHELD; PROVIDED. HOWEVER. THAT THE PARTY PERFORMING THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA HO THE REDEVELOPMENT AGREES TO COMPLY WITH iH THE REASONABLE REQUEST$ OF THE PLANNING NC DIR TOR A PRnL NC THIS DAY O 1999, BY FRAM( W, BEFORE ME THIS JL OAY O 1999 BY VINLENi J. CONDOMIMIlA6-AIIENOMENT ND. f, IS ACCEPTED FOR RECORDING IN THE Z PRONE HNARR INGTON O HIGH COUNTR ENGINEERING, INC. HIGENS. PRESIDENT OF PITKIN COUNTY TIT E, INC. 9 OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, EXECUiIUN O A WRITTEN QT Aq ]. OFFICE OF THE CLERK AND RECORDER O PITKIN COUNT OR' COLORADO. AGREEMENT CONTAINING APPROPRIATE IIDEW IfICATlON, INSWANCC AND OTHER THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA N N THIS DAY OF 1999. IM PLAT REASONABLE AND CUSTOMARY ) PLAZA CONDOM IN I UNS-AFNDMWET NO. I WAS APPROVED BY, WITNESS YT HARD AND OFFICIAL SEAL. \G WITNESS MY HAND AND OFFICIAL SEK. 'YI]M11 �]72,Q) GJUINFI0. A/RNav, VUEM PROVISIONS .1 •.�e p.wMnflOA PAGE AT RECEPTION 1Jjk"1 THE CITY OF ASPEN PLAFXII NG DIRECTOR W COMMISSION EXPIRES Cl /•iS/ZB07 F7V,,� NY COMMISSION ION EXPIRES: T] M'G°'""I'M'°°1" W n liss /n �TIa: N.mWIW to arnreo MrH w Mar m4Rlla Aw [4N THIS DAY OF 1999. i S F ,E� LA„FO WI E. 11eNIMn+ NAIi�, 1'IJ MWYD IRYAH NN RICf1 I lVMv[� IM.N TMC[ RMN f tL ��1\ '.� Aa,HA ORAIW 11MI1 BY: 'GI�d�" KAtw 19u IIASI Pr7PPR[A 91PI pMFFXT. MIrt WY �AnIPI Rii��PYiL` - �� •. � CLERK II RECORDER STIFFLY 1 N IPy rH Mtt NIRnI��W OrY SCWwiaAYlM [A PL :NG DIRECTCA C01 0RAO� BRIG -_-._- PUNKIN COUNTY. COI iJRA(-0 ! EXHIBIT J art Front facade of Hines office and US Bank building adjacent to property Corner view of Courthouse across street Ll OP meow son ILI d. )IIJ jw Z 116 b.0 ........... V. wzjoi lip. • et � ���` r i� r / h is • � -��3�� .. ���• .. . ..M - ✓try' -_ S`I is •.' r ! I View of the Front (South Side) and East Side of Property from the Corner of Galena St. and Main St. Close-up View of the Front (South Side) of the Property • EXHIBIT J Front facade of Hines office and US Bank building adjacent to property Corner view of Courthouse across street I* EXHIBIT K G A L E N A L 0 F T S 434 main s t r e e t aspen, Colorado EXISTING CONDITIONS 1 0 . 1 8 . 0 1 91+1-1 partnership 10 s i c partnership seeoon r�Mo wic •.�*.¢ash�i il-- LiJ W OC C~ Z Q S F— v+ -Oct W qqr rw% EXISTING GROUND LEVEL A20 �KT I 14'-6' 9 13-10 6' 14._2. b' I4'-2" 9 It (BATH) _ 39.O - F. all C� I UNIT +b UNIT #5 UNIT •4 9m c FT r—u --- I 0 45 F. 435 98335.F (:!5-7 q Wen L ffl I � - — — — — — — — — — — — — — — — — — _ — — — — — — — — — _ _ — _ _ _ _ _ _ _ _ _ _ — __ _. _ T � / f/ 1 EXISTING MIDDLE LEVEL PLAN A2.2 -ALE: 1/4" = 1'-0' partnership •E eoo•r��ow�E • wE«eHiv + �wieii W W H V1 ¢ W r z Z W U h Q 2 m m O 1/1 ¢ Q W M I PREUMINRr EXISTING GROUND LEVEL A2,02 5 C 5 i BATH)I 3JFn I 4.F. ,I UNIT 1w qCl� O S.F. VNI(PE 045.F. 35: 335.F I I ' I c I I I \ I ( \\ I I \I \ 1 EXISTING UPPER LEVEL PLAN A2.3 SCALE: 1/4' = P-0' I I I I I I / I I,' 92+1-1 p a r It n e r s h i i EE DO REiRO Wit Y ppE .IOJAiN. •rRlE4Yff LLJ LLJ CC H H rc w r Z W U � N N Q 2 N m H 1� O 6 ✓f� Q W lqcr �7R I i I 1 ( S1 I t I f cwaf,�mR Dr—.V I EXISTING UPPER LEVEL sR..i f A2.3 EXIST. SRADE F mL � -- --- ------------------------- --'- ---- ---------------------------- ---- —J 4 SOUTH ELEVATION A3.1 SCALE: 114' = l'-0' 2 EAST ELEVATION A3.1 SCALE: 1/4' - l'-0' A3.1 SCALE: IGY 1'-0' 0 El EJ I I I � I � I L— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- —- 1 NORTH ELEVATION A3.1 SCALE : 1/4- = I;Z 1 partnership S .E DORLrnOw�E OERtwLRE pR EA mjM \E)a MiEill W W DC 1.n m w z 2 Z W U � N N Q Z N m E- F— o V1 � Q W M I Ir c. i EXISTING ELEVATIONS I SM 0 f i I a A3,9 i 14'-2• 'i4' 3' is-i0' 8 i4,-6, B• /I I I /I I I I I I I I I I I I ----- ------------------------------------ 2 SECTION A A4.1 SCALE: 114' = l'-0' Ex-1, IST. Gf ELEV..25'-l" ELEV. *16'-I0" E----------------- ELEV. O'-O" 1 SECTION B A4.1 SCALE: 1/4' = 1'-0' G A L E N A L 0 F T S 434 main s trees aspen, Colorado SCHEMATIC DESIGN FINAL I I. 21 . 01 RECORD SET vnr'T+H partnership OWNER'S SIGNATURE: MR. G R E G HILLS 0 0 0r 041 ANEW MIDDLE LEVEL PLAN A21 SCALE: I/P•1'-0' partnership s— =saw IN � ■:ii:ii� ,�uu■I I 1 milloil • .. HIM _.__ t Will 111 ;::::::.... i L!�1 �I►Z�� v : osul , ---- I O O 1 I q----� --- 00 - - r I i PATIO � am xi 7 I R.. lu�.�l owwe�unoru 1.. FLOOR PWS NEW GROUND LEVEL PLAN A21 SCALE: 1/4' . 1'-0' i 0 0 cv m Ln m m m U Q1 i ,� WA2.2 •• !7— • NEW LOFT LEVEL PLAN Vs2 SCALE: w• • r-(r i partnership LI'DOII IiMOW�� IAl1TM IR�ryM i�I YYIi0J= W � W S W H Z U Q i m n i < Q W licr i b M I a i i S i I i 1� i i I I a.. I lim OWMEA SIG14 o>r d ft r. REYIIED FIOOA PUNS 9—t A2,02 IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII FNI I 1 11 ! W, I I - .... .. ...... ExhibitD / rP If HOLTZ ABEL & FANA ALH HOLDING COMPANY INC C/O FLEISHER COMPY ATTN: D VOLTMER 435 W MAIN ST 200 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ISIS LLC 308 S GALENA ST ASPEN, CO 81611 M & W ASSOCIATES A COLORADO GENERAL PARTNERSHIP 205 S MILL ST ASPEN, CO 81611 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 CITY OF A 130 NA ST N, CO 81611 ISIS LLC 308 S A ST N, CO 81611 ISIS LLC 308 S A ST , CO 81611 KREVOY BRADLEY R 1401 OCEAN AVE #301 SANTA MONICA, CA 90401 CITY OF ASPS 130 S G,400,rST CO 81611 ARCHDIOCESE OF DENVER SAINT MARYS 1300 S STEELE ST DENVER, CO 80210 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 CITY OF AS 130 A ST N, CO 81611 SCHAINUCK LEWIS I SCHAINUCK LEWI BANKERS MORTGAGE INC 5750 DOWNEY AVE STE 206 5750 DO STE 206 420 E MAIN ST LAKEWOOD, CA 90712-1468 OD, CA 90712-1468 ASPEN, CO 81611 CITY OF ASPEN CITY OF ASPE DRACO INC 130 S GALENA ST 130 S QA09MA ST A COLORADO CORPORATION ASPEN, CO 81611 CO 81611 PO BOX 8904 ASPEN, CO 81612 WELLS FARGO BANK WEST NA HOTEL JEROME ASSOCIATES LP EVERHART-NELSON SYSTEMS ANALYSIS 119 S MILL ST 330 E MAIN ST LTD ASPEN, CO 81611 ASPEN, CO 81611 117 ATLANTIC AVE STE 215 ASPEN, CO 81611 WELLS FARGO BANK CITY OF ASPE HOOPER TROY 119SMIL 130SG ST 134S7THST 81611 , CO 81611 ASPEN, CO 81611 COMMUNITY BANKS OF COLORADO PITKIN COUNTY YOUNG DONALD L 210 N MILL ST 530 E MAIN ST STE 302 617 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 NEWLON LLC CITY OF AS CITY OF ASP C/O DANFORTH 130 S AST 130 S AST PO BOX 1863 N, CO 81611 , CO 81611 ASPEN, CO 81612 PITKIN COUN,".�f/� SCHAINUCK LE SCHAINUCK LEWI 530 E STE 302 5750 DO E STE 206 5750 D STE 206 CO 81611 OOD, CA 90712-1468 OOD, CA 90712-1468 SCHAINUCK L GALENA PLAZA LLC UCK LE�907IT2-1468 5750 D AVE STE 206 MEYER LOWELL C/O �57�50D E 206OOD, CA 90712-1468 BOX 1247 OOD, C ASPEN, CO 81612 AS SCHAINUCK LEW 434 EAST MAIN LLC SCHAINUCK LEWI 5750 D E STE 206 314 S GALENA ST #200 5750 D STE 206 OOD, CA 90712-1468 ASPEN, CO 81611-1818 AOMEWOOD, CA 90712-1468 PITKIN COUNTY CAPTIAL LEASING CORP SCHAMUCK LE PITKIN COUNT A COLORADO CORP 5750 D E STE 206 530E TE 302 530 E MAIN ST Ole OOD, CA 90712-1468 CO 81611 ASPEN, CO 81611 SCHAINUCK LEWIS I SCHAINUCK LEWIS I BANKERS MORTGAGE INC 5750 DOWNEY AVE STE 206 5750 DOWNEY AVE STE 206 420 E MAIN ST LAKEWOOD, CA 90712-1468 LAKEWOOD, CA 90712-1468 ASPEN, CO 81611 CITY OF ASPEN CITY OF ASPEN DRACOINCA COLORADO CORPORATION 130 S GALENA ST 130 S GALENA ST PO BOX 8904 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, 89 81612 WELLS FARGO BANK WEST NA HOTEL JEROME ASSOCIATES LP EVERHART-NELSON SYSTEMS ANALYSIS 119 S MILL ST 330 E MAIN ST LTD1 l7 ATLANTIC AVE STE 215 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 WELLS FARGO BANK WEST NA CITY OF ASPEN HOOPER TROY 119 S MILL ST 130 S GALENA ST 134 S 7TH ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COMMUNITY BANKS OF COLORADO PITKIN COUNTY YOUNG DONALD L 210 N MILL ST 530 E MAIN ST STE 302 617 W MAIN ST ASPEN. CO 81611 ASPEN. CO 81611 ASPEN, CO 81611 NEWLON LLC CITY OF ASPEN CITY OF ASPEN C/O DANFORTH 130 S GALENA ST 130 S GALENA ST PO BOX 1863 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 PITKIN COUNTY SCHAINUCK LEWIS I SCHAINUCK LEWIS 1 530 E MAIN ST STE 302 5750 DOWNEY AVE STE 206 5750 DOWNEY AVE STE 206 ASPEN, CO 81611 LAKEWOOD, CA 90712-1468 LAKEWOOD, CA 90712-1468 SCHAINUCK LEWIS I GALENA PLAZA LLC SCHAINUCK LEWIS I 5750 DOWNEY AVE STE 206 MEYER LOWELL C/O 5750 DOWNEY AVE STE 206 PO LAKEWOOD, CA 90712-1468 BOX 1 ASPEN, COO 81612 LAKEWOOD, CA 90712-1468 AS SCHAINUCK LEWIS I 434 EAST MAIN LLC SCHAINUCK LEWIS 1 5750 DOWNEY AVE STE 206 314 S GALENA ST #200 5750 DOWNEY AVE STE 206 LAKEWOOD. CA 90712-1468 ASPEN. CO 81611-1818 LAKEWOOD, CA 90712-1468 SCHAINUCK LEWIS I PITKIN COUNTY PITKIN COUNTY CAPTIAL LEASING CORP CORP COLORADO 5750 DOWNEY AVE STE 206 530 E MAIN ST STE 302 A A ST E MAIN LAKEWOOD, CA 90712-1468 ASPEN, CO 81611 ASPEN, CO • HOLTZ ABEL & FANA C/O FLEISHER COMPY ATTN 200 E MAIN ST ASPEN, CO 81611 ISIS LLC 308 S GALENA ST ASPEN, CO 81611 D VOLTMER M & W ASSOCIATES A COLORADO GENERAL PARTNERSHIP 205 S MILL ST ASPEN, CO 81611 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 • ALH HOLDING COMPANY INC 435 W MAIN ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ISIS LLC ARCHDIOCESE OF DENVER SAINT 308 S GALENA ST MARYS ASPEN, CO 81611 1300 S STEELE ST DENVER, CO 80210 ISIS LLC 308 S GALENA ST ASPEN, CO 81611 KREVOY BRADLEY R 1401 OCEAN AVE #301 SANTA MONICA, CA 90401 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 • • • • i xf nisi i K A L E N A L 0 F T S 434 main s t r e e t aspen, c o I o r a d o EXISTING CONDITIONS 1 0 . 1 8 . 0 1 partnership • Z+1-1 partnership �w��naw�E v cve riv f� W W OC f•� w z Z w U � N N Q Z N m f a a Q W M 10 1. 1 P IMINAR9 EXISTING GROUND LEVEL A2,01 E EXISTING MIDDLE LEVEL PLAN • • • 0 aoa (BA _ 39.06 .F. UNIT ?9 '1 UNIT •9 UNIT M"7 O S.F. 98335.F (�'Li b �4QCo•27�j (3 �7. 11.1f>� I I I I I \ I \\ � I I \1 1 EXISTING UPPER LEVEL PLAN A2.3 SCALE: 1/4' = 1'-O' I I I I I ----------------- I 1 / I I / 1 I// partnership D�ED00.E/MOW�E • E�0.�f 0.i• rE10M0� • 4rIPlM�1 I� W W 1— w 2 Z w U � N N Q 2 N m F a V) � Q W "I*, M i f I 1 t i - I . . 1 PRELIMINARY ; 1 EXISTING UPPER LEVEL g 9 DDi A293 L.- I EX15T. 5RADE T ry ----------------------------------------------------------------------------------- �L] SOUTH ELEVATION A3.1 SCALE: 1/4' = 1'4r 57' l AA- 2-,,EAST ELEVATION A3.1 SCALE: 1/4'=1'11' i - i ., SCALE: ,/4--- - — u L--------_------------------------------------ --------------------------------- 11 NORTH ELEVATION A3.1 SCALE: 1/4' = 1'4r T 2 partnership s E EEOOEiINOMiE ��ETNEEENiI r WOE YYNWtl�i CCC�( Sei i i LJ.J W 3 �ii rc W H Z Z I W U W QW m F— o a Q W M Dr TN. EXISTING ELEVATIONS &.wlr A3.1 W 2' r—� I I I ' LINE I r---v I I I I I I I I I — — — — — — I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — EXIST.G !2`\SECTION A A4.1 SCALE: 1/4' = P-0' B' ELEV..25'-T' ELEV. +I6'-10" ELEV. +8'-5" E ELEV. 0'-0" 1 SECTION B A4.1 SCALE: 114" = 1'-0' f I partnership i a i wiE v EP6EPiP P�OiO^ioeen0 • �.i G1i I I 1 I i F� f E LLJ W � � I F— t t/1 z 1 w Z = I w U w N Q Z N I J 0 c I a a � Q W � 1 M cf' Ra109.25.01 PRELIMINARY EXISTING SECTIONS A4* 0 0 0 A L E N A L 0 f T S 4 3 4 main s t r e e t a s p e n Colorado SCHEMATIC DESIGN FINAL I I. 27 . 01 RECORD SET E-,,"]+H partnership OWNER'SSIGNATURE: MR. GREG HILLS • • li►:.�r. r -.LLB �.-FAIN ._... ,� �I • II ..ro.�■u.MC•• �1 KIM: ' .iuv..c�rvuoror. .■■...r■..r.■■klr.dBOMMEMMEEEMMMUM iG■.■......■.■■ l■.r■. i I"'I .ououuuo.u.■.■ I"I t■• • iu u� t! i� ■ �ruou. WiUmmmum lJ \J ood■■■■■a', moklmomm ..■,MORE low 40 or MEN .. MAC..._■.■■■■Puag1 LLB ! --MEN. ■ _ II II NEW MIDDLE LEVEL PLAN WON A21 SCALE: 1l4' = 1'-0' I I I I I I I I I I PATIO I I I I I I I i NEW GROUND LEVEL PLAN A2.1 SCALE; 1 /4' = T-0' I partnership i i W oc 3 N f N 2 I Q W N m r � � o f a , Q < E W !! I M j i I a«. 11.27.01 OWNER WIN'. caw�an, FLOOR PLANS is • II _ A .._t._.,_.._..-....—» . ,I _ nuoouo U ; II 1 = II ram: r� al— — NEW LOFT LEVEL PLAN A2.2 SCALE: 1/4' = 1'-0- 92+H partnership I4lYOe��HOWi! � !Ni! r POILYY A>iI�MiCi 1 s 1 i F-1 W W V1s � ' r w f ' U � N W ' Q 2 I N J m f 0 a 4 Q LLJ i, a.,. 11.27.01 OWNER SIGN-0FF REVISED KDOR PLANS �.� II I I IIIIII �I I�'. II I 1 �I�■ IIIIIIIIIIIIIIIIIII�1�1111111111111111111��� Exhibit L SCHAINUCK LEWIS I SCHAINUCK LEWI 5750 DOWNEY AVE STE 206 5750 DO STE 206 LAKEWOOD, CA 90712-1468 OD, CA 90712-1468 CITY OF ASPEN CITY OF ASPE 130 S GALENA ST 130 S G ST ASPEN, CO 81611 04WIrCO 81611 WELLS FARGO BANK WEST NA HOTEL JEROME ASSOCIATES LP 119 S MILL ST 330 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 WELLS FARGO BANK CITY OF ASPE 119 S MIL 130 S G ST 816110,69FE17,7CO 81611 COMMUNITY BANKS OF COLORADO PITKIN COUNTY 210 N MILL ST 530 E MAIN ST STE 302 ASPEN, CO 81611 I ASPEN, CO 81611 NEWLON LLC C/O DANFORTH CITY OF AS PO BOX 1863 130 S A ST ASPEN, CO 81612 , CO 81611 PITKIN COUN SCHK LE 530ESTE 302 5750�DO E STE 206 81611 D, CA 90712-1468 SCHAINUCK L GALENA PLAZA LLC SCH D AVE STE 206 MEYER LOWELL C/O OOD, CA 90712-1468 AS BOX 1 ASPEN, CO 81612 SCHAINUCK LEW 434 EAST MAIN LLC 5750 D E STE 206 314 S GALENA ST #200 OOD, CA 90712-1468 ASPEN, CO 81611-1818 SCHAINUCK LE PITKIN COUNT 5750 D E STE 206 530E TE 302 OOD, CA 90712-1468 CO 81611 BANKERS MORTGAGE INC 420 E MAIN ST ASPEN, CO 81611 DRACO INC A COLORADO CORPORATION PO BOX 8904 ASPEN, CO 81612 EVERHART-NELSON SYSTEMS ANALYSIS LTD 117 ATLANTIC AVE STE 215 ASPEN, CO 81611 HOOPER TROY 134 S 7TH ST ASPEN, CO 81611 YOUNG DONALD L 617 W MAIN ST ASPEN, CO 81611 CITY OF ASPAWOOO 130S AST CO 81611 I SCHAINUCK LEWI 5750D STE 206 OOD, CA 90712-1468 SCHAINUCK LEW 5750 D STE 206 OOD, CA 90712-1468 SCHAINUCK LEWI 15750 D STE 206 OOD, CA 90712-1468 PITKIN COUNTY CAPTIAL LEASING CORP A COLORADO CORP 530 E MAIN ST ASPEN, CO 81611 HOLTZ ABEL & FANA ALH HOLDING COMPANY INC C/O FLEISHER COMPY ATTN: D VOLTMER 435 W MAIN ST 200 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ISIS LLC 308 S GALENA ST ASPEN, CO 81611 M & W ASSOCIATES A COLORADO GENERAL PARTNERSHIP 205 S MILL ST ASPEN, CO 81611 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 C�N, A 13NA ST CO 816SI ISIS LLC 308 S A ST OOKN, CO 81611 ISIS LLC 308 S A ST CO 81611 KREVOY BRADLEY R 1401 OCEAN AVE #301 SANTA MONICA, CA 90401 CITY OF ASPENOOOO 130 S G ST CO 81611 ARCHDIOCESE OF DENVER SAINT MARYS 1300 S STEELE ST DENVER, CO 80210 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 CITY OF AS 130 A ST N, CO 81611 �i�" ��i% Dt►T' "'C'MVP7 I N 171Gp�i'� i�l�• i ��� +II a r c h i t e c t u r e To: Amy @ HPC, City of Aspen From: Keith howie Fax: Date: December 10, 2001 Phone: Pages: Re: HPC Application — 434 E. Main CC: File Dear Amy, Please consider this an application for Conceptual HPC approval and Partial Demo application for the Condos located at 434 E.Main Street, previously known and recorded as Galena Plaza, but now renamed in this application as Galena Lofts. Enclosed are the application standards set by HPC . The exhibits for the package are as follows: Exhibit A: HPC Application — Attachment 1 Exhibit B: HPC Application — Attachment 2 Exhibit C: HPC Application — Attachment 3 Exhibit D: HPC Application — Attachment 4 Exhibit E: Letter of Representation Exhibit F: Title Policy Exhibit G: Vicinity Map Exhibit H: Site Plan Exhibit 1: Site improvement Survey Exhibit J: Neighborhood context photos Exhibit K: Scale Drawings of existing and proposed development Exhibit L: Mailing list of Property owners within 300 feet from Aspen GIS Dept. If there is anything else required for the package that has not been submitted or additional information is required, please contact me @ 920-4956. Sincerely, Keith Howie Seedorf + Howie Partnership Application representative 314 suite c, abc aspen, colorado 81611 tel. 970 . 920 . 4956 fax. 970 . 544 . 8211 ATTACHMENT 1 LAND USE APPLICATION FORM (Exhibit A) 1.Project name: Galena Lofts 2.Project Location: 434 E.main Street, Aspen, Colorado, 81611 Legal Description: A parcel of land being a portion of unit 1, The Galena Plaza condominiums as shown on the plat thereof recorded in book 33 at page 89 of the Pitkin County Clerk and Recorder's office, city of Aspen, county of Pitkin, state of Colorado, being more particularly described as follows: Beginning at the southeast corner of said unit 1, a rebar and cap L.S.#9184 found in place; Thence N 14d 50'49" E along the easterly boundary of said unit 1 a distance of 47.40 feet to the point of beginning; thence leaving said easterly boundary N 75d43' 16" W a distance of 18.17 feet: thence N 13d58'45" E a distance of 6.75 feet: thence N 73dl2' 11" W a distance of 5.44 feet: thence N 16d34'32" E a distance of 2.32 feet: thence N73d25'28" W a distance of 0.90 feet: thence S 16d34'32" W a distance of 2.32 feet: thence N73dl2' 11" W a distance of 35.14 feet: thence N 15d04'52" E a distance of 7.08 feet: thence N 7506'45" W a distance of 0.25 feet: thence N 15d04'52" E a distance of 37.54feet to a point on the northerly boundary of said unit 1; thence N75d09' 11" E along the northerly boundary of said unit 1 a distance of 59.79 feet to the northeast corner of said unit 1, a rebar and cap L.S. #9184 found in place; thence S 1460'49" W along the easterly boundary of said unit 1 a distance of 52.60 feet to the point of beginning; said parcel containing 2,844 sq. ft. more or less. Accessor's Legal Description: Condo:Galena Plaza Condominiums- Unit 1-B 3.Present Zoning: Commercial Core ( CC Zone District) 4.Lot Size: 2,844 s.f. 5.Applicant's Name 434 E.Main Street, LLC. Address, Phone 314 S. Galena Street, Suite 200 Aspen, Colorado, 81611 (970) 920-4988 Contact: Greg Hills 6.Representative's Seedorf+ Howie Partnership Name, Address, Phone 234 E. Hopkins Ave., 2"d Floor Aspen, Colorado, 81611 (970) 920-4956 Contact: Keith Howie i 7.Type of Application (Check All that apply) Conditional Use Conceptual SPA _Special Review 8040 Greenline _Stream margin _Subdivision _GMQS Allotment View Plane _Lot Split/Lot Line Adjustment Final SPA _Conceptual PUD Final PUD —Text/Map Amend. _GMQS Exemption Condominiumization _X_Conceptual HPC Final HPC Minor HPC Relocation PUD Historic Landmark X Demo/Partial Demo Design Review Appeal 8.Desription of existing uses (number and type of existing structures, approximate sq. ft. number of bedrooms, any previous approvals granted to the property) The property is a single rectangular structure of concrete block, approx. 60' long and 30' wide. The available floor area ratio 5400 sq.ft. The property is currently being used as apartments. The new building will be used as apartments also. There are currently nine (9) units in the building. The current units are of the following size and number of bedrooms: Unit 1 288.3 sq. ft. 1 Bedroom Unit 2 717.4 sq. ft. 2 Bedroom Unit 3 667.9 sq. ft. 2 Bedroom Boiler Room 126.4 sq. ft. 0 Bedroom Unit 4 436 sq. ft. 1 Bedroom Unit 5 464 sq. ft. 1 Bedroom Unit 6 900 sq. ft. 2 Bedroom Unit 7 436 sq. ft. 1 Bedroom Unit 8 464 sq. ft. 1 Bedroom Unit 9 900 sq ft 2 Bedroom Totals 5400 sq.ft. 12 bedrooms The new construction will keep the same number of bedrooms in each unit and keep the same floor area ratio in each unit. The location of the units relative to each other will change. 9. Description of Development Application The scope of this development application is the remodeling and refurbishment of 434 E. main street. In the proposed development we will be keeping the same number of units and the exact FAR sizes of each apartment in the building. We will be changing the position of the units within the buildings shall. We will be keeping over 50% of the exterior walls, and rearranging the window patterning in the concrete walls to better suit the new units. The proposed development will add any FAR to the remodeled building. The front, back and 0 • side setbacks to the building walls will not change. We will be removing the flat roof and constructing a curved roof to open up the view to Aspen Mountain. The interior walls and floors will be removed and replaced. The roof structure will be raised approx twelve feet at the highest point and the form of the roof changed from a flat roof to a curved roof to open the view towards Aspen Mountain. This new roof complies with the height limit in then Commercial core area. The existing staircases and decks on the south side will be replaced with new stairs and decks. The new decks will be approx. three feet wider than the existing decks. The existing concrete block wall will be sandblasted to its original color. This will not alter the existing relationship of the building to the existing zero lot line on the three sides of the building. We will be changing the south facade by adding more windows to open the view to Aspen Mountain and let more light into the units. 10. Please see title sheet for attachments and exhibit locations C� • Applicant: Address: ZoneDistrict: Lot Size: Existing FAR: Allowable FAR: ATTACHMENT 2 DIMENSIONAL REQUIREMEMTS FORM (Exhibit B) Greg Hills, Austin Lawrence Partners 314 S.Galena Street, Suite 200 Aspen, Colorado, 81611 970.920.4988 CC Zone District — Commercial Core 2,844 sq. ft. 5400 sq. ft. 5400 sq. ft. Proposed FAR: 5400 sq.ft. Existing Net Leasable (Commercial) 0 Proposed Net leasable (Commercial) 0 Existing % of Site Coverage: 63% Proposed % of Site Coverage: 63% Existing % of open Space: 37% Proposed % of open space: 37% Existing Minimum Height Principal Bldg: 28'-0" Proposed max. Height Proposed % of Demolition: Existing number of bedrooms Proposed number of bedrooms Existing on -site parking spaces Proposed on -site parking spaces On -site parking spaces required Setbacks Existing: 20' Front: 0 Rear: 20' Combined Front/Rear: 0' Side: 0' Combined Sides Principal Bldg: 40'-0" 50% 12 12 0 0 0 Minimum Required: No Req. Front: No Req, Rear: No M. Combined Front/Rear: No req. Side: No req. Combined Sides Existing nonconformities or encroachments: Minimum lot size Minimum Lot area Per dwelling Code Actual 3,000 sq.ft. 2,844 sq.ft. 1,000 sq. ft. 600 sq. ft. Variations requested: None Accessory Bldg: DNA Accessory Bldg: DNA Proposed: 18' Front: 0 Rear: 18' Combined Front/Rear: 0' Side: 0' Combined Sides ATTACHMENT 3 GENERAL SUBMISSION REQUIREMEMTS (Exhibit C) 1.Applicant's letter of representation: Please see Exhibit E 2.The Street address is: 434 E. Main Street. The legal description from the assessors office is Condo:Galena Plaza condos: Unit 1-B. the parcel ID # is: 2737-073-22016 3.The ownership title policy: Please see Exhibit F 4.Vicinity Map: Please see Exhibit G S.Site plan: Please see Exhibit H 6.Site Improvement Survey: Please see Exhibit I 7. Development Narrative: The development proposal for the property is for the remodeling and refurbishment of the nine existing condo units at Galena Plaza. Below is a narrative for both the existing conditions and the proposed development. Existing Conditions: The existing building is an undistinguished painted concrete block building with a flat roof and poured concrete stem wall foundation. The current building houses housing nine apartment units of varying sizes on three levels. (Please see attachment 1 for individual apartment sizes and bedroom count) The exterior walls are painted concrete block. The interior walls are a combination of wood framed partition walls and concrete block party walls. Proposed Development: The scope of this development application is the remodeling and refurbishment of 434 E. main street. In the proposed development we will be keeping the same number of units and the exact FAR sizes of each apartment in the building. We will be keeping over 50% of the exterior walls, and rearranging the window patterning in the concrete walls to better suit the new units. The new proposal does not add any additional FAR to the remodeled building. The front, back and side setbacks to the building walls will not change. We will be removing the flat roof and constructing a curved roof to open up the view to Aspen Mountain, The interior walls and floors will be removed and replaced. The roof structure will be raised approx twelve feet at the highest point and the form changed to a curved roof. This new roof complies with the height limit in then Commercial core area. The existing staircases and decks on the south side will be replaced with new stairs and decks. The new decks will be approx. three feet wider than the existing decks. The existing concrete block wall will be sandblasted to its original color. This will not alter the existing relationship of the building to the lot line on the three sides where we have a zero lot line. 8.Additional Documentation: Please see photos of existing neighborhood context(Exhibit J) 11 \J • ATTACHMENT 4 SPECIFIC SUBMISSION REQUIREMEMTS: CONCEPTUAL REVIEW (Exhibit D) 1.Site Plan: Please see Exhibit H 2.Conceptual Selection of major building materials to be used in the proposed development: Exterior Walls: Exposed sandblasted concrete walls Patinaed corrugated vertical metal siding or metal shingles Metal and wood framed decks Windows Clear anodized clad metal windows. Opaque glass @ lower level bathrooms Decks/Stairs Metal or wood frame with wood irM decks Steel aircraft cable railings with wood or steel station posts Roof Non -Reflective dark colored standing seam metal roof Wood trellis Fascia Stained wood Soffit Stained wood 3.Neighborhood Context: The existing neighborhood context consists of a wide mix of buildings, both in style and size. The buildings are: North: Open field over parking garage. Small modern entry building to parking garage. Approx. 15' high East: City hall, approx 50' high in a Victorian style West: US Bank Building — Contemporary brick building with rounded forms and sunken courtyard behind building — approx 30' high Aspen Library — Mountain Victorian brick vernacular with mansard roof forms. Approx. 40' high South Hines office building — Contemporary brick building with rounded forms and sunken courtyard behind building — approx 30' high The existing building is an undistinguished painted concrete block building with a flat roof and poured concrete stem wall foundation There is really no significant historical value to the building, besides being in the commercial core with some historic buildings around it. There are no redeeming architectural elements on the building that warrant saving. The renovation of the building will add some character to a mundane building. By raising the roof with a new 0 • form and still using the existing exterior walls, we can have a new exciting building, while still reminding people what used to be there. In this neighborhood there is an eclectic mix of styles, from the city hall to the library to bank and Hines offices building. There really is no set style that all the buildings conform to, or a direction that would dictate any forms the new building should take. Our proposal for this building will fit in with the wide range of styles and building heights in this neighborhood. The proposed building does comply with the residential design standards as much as a multi- family dwelling can. The east and north facades facing the round -a -bout and the alley have a fenestration pattern that is consistent with the design standards. We are not changing the footprint of the building so we are not affected by the building position in relationship to street. 4. Scale Drawings: Please see Exhibit K 5. Visual description of neighborhood context: Please see Exhibit J EXHIBIT E AUSTIN LAW KENCE December 10, 2001 Galena Lofts 434 E. Main Street Aspen, CO 81611 PARTNERS, Re: Historical Preservation Commission Application To Whom It May Concern: L L C I hereby authorize Seedorf + Howie Partnership to act as our designated and authorized representative with respect to the land use application being submitted to your office for our property located at 434 E. Main Street (Galena Lofts). Seedorf + Howie Partnership is authorized to submit an application for Minor Development on our property. They, or their assigns, are also authorized to represent us in meetings with City staff, Historical Preservation Commission and any other City of Aspen agencies. Should you have any need to contact me during the course of your review, please do so through Seedorf + Howie Partnership, whose address and telephone number are included in the application. Sincerely, 4 Gregory . Hill Manag' g Partner 434 E. Main, LLC 314 SOUTH GALENA STREET SUITE 200 ASPEN, CO 81611 970,920.4988 FAX 970-920,9731 Land Title Association Coent -Modified 3/78 • COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY A"V Chairman of the Boa -a%�i M Igoe so^ Countersigned: ..... orizedXignature-TomTwitchell STEWART TTPLE OF ASPEN, INC. Agent ID #06011 A VIA4dW f 0. President Order No. 00029220 • SCHEDULE A • Order Number: 00029220 1. Effective date: November 01, 2001 at 7:30 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: TO BE DETERMINED (b) A.L.T.A. Mortgagee's Proposed Insured: (c) Leasehold Proposed Insured: Amount of Insurance $ TBD $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: 434 EAST MAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: See Attached Legal Description STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. 1/2 HALF SUBDIVIDER RATE ON ALL UNIT SALES STEWART TITLE OF ASPEN, INC. 620 E. Hopkins, Aspen, C 1611 orized signature - Tom Twitchell SCHEDULE A Order Number: 00029220 LEGAL DESCRIPTION Unit _, GALENA LOFTS CONDOMINIUMS, according to the Condominium Map thereof recorded _, 2002 in Plat Book _ at Page _ as Reception No. and as defined and described in the Condominium Declaration for Galena Lofts Condominiums recorded _, 2002 as Reception No. COUNTY OF PITRIN, STATE OF COLORADO. Order Number: 00029220 SCHEDULE B Section 1 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be exectued and duly filed for record, to wit: 1. Recordation of a good and sufficient Condominium Plat and Condominium Declaration. 2. The following is required with respect to 434 East Main, LLC, a Colorado Limited Liability Company: a. Satisfactory evidence furnished by the Secretary of State in which Articles were filed, confirming that said Limited Liability Company is in good standing. (i.e., Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b. Copy of the Articles of Organization of said Limited Liability Company. C. Copy of the Operating Agreement of said Limited Liability Company. NOTE: If any Managers are themselves partnerships trusts, limited liability companies or corporations, additional requirements will be necessary. 3. Deed from vested owner, vesting fee simple title in purchaser(s). 4. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 5. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. • SCHEDULE B • Section 2 'Order Number: 00029220 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof, water rights claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. Reservations and exceptions as set forth in the deed from the City of Aspen recorded in Book 59 at Page 267 and 394 providing as follows: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 9. Terms, conditions, obligations and all matters as set forth in Statement of Exemption from the Full Subdivision Process recorded February 22, 1994 in Book 742 at Page 489 as Reception No. 367200. 10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration of The Galena Plaza Condominiums recorded February 22, 1994 in Book 742 at Page 497 as Reception No. 367202 and Supplement to Condominium Declaration recorded May 13, 1999 as Reception No. 431031. 11. Easements, rights of way and all matters as shown on the Condominium Map for The Galena Plaza Condominium recorded February 22, 1994 in Plat Book 33 at Page 89 as Reception No. 367203 and on the First Amended Plat thereof recorded May 17, 1999 in Plat Book 49 at page 82 as Reception no. 431147. 12. Deed restriction pertaining to "no retail banking business" as contained in Warranty Deed recorded February 22, 1994 in Book 742 at Page 515 as Reception No. 367204. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded February 22, 1994 in Book 742 at page 519 as Reception No. 367205. Continued on next page Coni:inuation of Schedule B - Section 2 Order Number: 00029220 14. Terms, conditions, provisions and obligations as set forth in Assignment and Assumption of Leases recorded February 22, 1994 in Book 742 at Page 524 as Reception No. 367206. 15. Terms, conditions, provisions and obligations as set forth in Development Rights Transfer recorded February 22, 1994 in Book 742 at Page 526 as Reception No. 367207. 16. Terms, conditions, provisions and obligations as set forth in Ordinance No. 64 (Series of 1993) of the City Council of the City of Aspen recorded March 16, 1994 in Book 744 at Page 629 as Reception No. 367933. 17. Terms, conditions, provisions and obligations as set forth in Ordinance No. 46 (Series of 1993) of the City Council of the City of Aspen recorded March 24, 1994 in Book 745 at Page 631 as Reception No. 368258. 18. Terms, conditions, provisions and obligations as set forth in License Agreement recorded May 19, 1999 as Reception No. 431316. 19. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration of The Galena Lofts recorded , 2002. 20. Easemnets, rughts of way and all matter as shown on the Plat of Galena Lofts Condominiums recorded , 2002. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. If said update reveals no intervening liens or changes in the status of title, Exception No. 5 above will be deleted. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all 'matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment 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 materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen'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. 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. Order No. 00029220 Disclosures (YSDD) Rev. 10/99 STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our 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 customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- 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. File No. 00029220 Stewart Title or Aspen, Inc. Privacy Polley Notice (Page 1) Rev.07/2001 (YPPNI) EXFUB IT G PI VI •I it �VU�_1-� •alb qGq. r'iC � C yi ,. L ry fwnyM 2 Y•`" JI �%t �) ^ p C lc Y AS cc LLJJ Yt �`+3 ..Si•� ad / �.+ i �e ^- l.w Vk ■ ; ,.•rj Iwviro Week Dt. gh CrLk PIO `.���.� `.jHnj'• ■ 1 ( \ Cc z pA 4 t7 .t`°/6owood Dr_ Cagle a Ra v � r m' 61, FYN 1 --,SITE PLAN L_iA n�o 1. = 8*-Ol No 0 0 EXFMIT H COUMDwe-. lv+1_1 i p a r t n e r s h i p tE HOIIE PIRT—.. 31GC dz 12-12-01 HK COWL REWJW Dr T.. SITE PLAN A 1,00 --I PLAT NOTES _ 1. DATE Of SURVEY WAS DECEMBER 10. 1098. THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT AMENDS THE PLAT OF THE GALENA PLAZA CONDOM NI I15 RECORDED AT SK S3/PG 89 BY SUBDIVIDING WIT I. THE GALENA PLAZA CONDOMINIUMS INTO WITS 1-A AND 7-B. 2. BASIS OF BEARING FOR THIS SURVEY IS A BEARING OF S 75' 09'I1' E BETWEEN THE SOUTHWEST CORNER, A REBAR AND CAP LS NO. 9016 IN PLACE, IE AND TSOUTHEAST CORNER, A REBAR AND CAP LS ND. 9184 IN PLACE, OF THE GALENA PLAZA CONDOMINIUMS, 3. THIS SURVEY IS BASED ON THE RECORDED PLAT OF THE GALENA PLAZA CONDOM I N I U/S AS RECORDED IN PITKIN COUNTY CLERK AND RECORDERS OFFICE AT BOO( 33. PAGE $9. AND COMERS FOUR IN PLACE. 4. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS. EASEMENTS, AND RICHTS��WAY IN PLACE OR OF RECORD AS SET FORTH IN SECTION 2 OF SCHEDULE B OF THE 'TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE. CASE NO. IM56 GATED JAN ARY 10, 1999 ALL EASEMENTS OF RECORD AS INDICATED ON SI1CH TITLE COMM I TMENT ARE SHOWN HEREON. 5. WITS 1-A AND 1-8 ARE SUBJECT TO FURTHER SUBDIVISION. AS PROVIDED IN THE SUPPLEMENT TO THE DECLARATION FOR THE GALENA PLAZA CONDOMINILVS RECCRDEDVRP:W99M! _ EMX= PROVIDED HOWEVER, NO FURTHER SUBDIVISION SHALL OCCUR U1'fSS ALL REOUI SITE LAUD MUSE ALS !t OBTAINED FROI THE CITY OF ASPEN. s 1 K0. 4SNol1 6. THIS COIDCMINI HAS vE"ICAL BOUNDARIES ONLY (AS DEFINED IN C.R.S. 38-33-3-103). 7. WITS I -A AID 1-0 SHALL BE CONSIDERED AS SEPARAITE PARCELS O PROPERTY UNDER THE ASPEN LAND USE REQLAT IONS FOR PURPOSES OF THE APPLICATION O THE UNDERLYING OC, COMMERCIAL CORE, ZONE DISTRICT'O S DIMENSIONAL, PARKING, AND AFFORDABLE HSING REQUIREMENTS. II 8. CONTROL FOR THIS SURVEY CLOSES BETTER THAN ONE PART IN TEN THOUSAND . ACREAGE'IOW TO PLUS OR MINUS .001 IAERES. 9. ALL REFERENCES TO REOMDED WOACWS SHALL REFER TO THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. 10. IT SHALL BE THE AFFIRMATIVE OBLIGT ION OF TIE O'AIIER((S) OF WIT 1-A TO MAINTAIN, REPAIR AID REPLACE AT ITS EfPFi15E YIE RETAINING WALL LOCATED WITHIN UNIT 1-A IN SUBSTANTIALLY TIE SIWE CONDITION AS EXISTING ON THE DATE HEREOF. THE OFRER(S) OF UNIT i-0 HEREBY GRANT TO THE OM4ER(S) OF UNIT 1-A A TEMPORARY LICENSE EXERCISABLE UPON PRIOR WRITTEN NOTICE TO THE OWUER(S) OF UNIT 1-0 TO ENTER UPON WIT 1-8 TO THE EXTENT NECESSARY TO PERFORM SUCH MAINTENANCE, REPAIR AND REPLACEMENT TO SAID RETAINING WALL. UPON COMPLETIONOF SUCH MAINTENANCE, REPAIR AND REPLACEMENT TO 4SA10 RETAINING WALL. THE OWNER(S) O UNIT 1-A SHALL RESTORE ANY DISTURBED AREAS, TO THE FULLEST EXTENT REASONABLY POSSIBLE. TO THE OUDITIONS EXISTING PRIOR TO SUCH MAINTENANCE. REPAIR AND REPLACEMENT, IN THE EVENT THAT THE 004ER(S)OF WIT I -A FAIL TO MAINTAIN, REPAIR AND REPLACE (AS THE CASE MAY BE) SAID PERTAINING WALL AFTER NOTICE FROM THE OANER(S) OF WIT 1-6 AND A REASONABLE OPPORTW ITY TO DO SO. AND SUCH FAILURE. IN THE REASONABLE DETERMINATION OF THE OWNER(S) OF WIT I-8, NEGATIVELY IMPACTS UNIT 1-8, THEN THE OWNER(S) OF WIT I -A HEREBY GRANT TO THE OWNER(:S) OF WIT 1-6 MP A TEMPORARY LICENSE TO ENTER UPON UNIT 1-A TO THE EXTENT NECESSARY TO PERFORM SUCH MAINTENANCE, REPAIR AND/ORREPLACEMENT TO SAID RETAIN' NO WALL, AD ANY EXPENSES SO INC.RRED $HALL BE PAYABLE BY THE O*W` S) OF UNIT 1-A. UPON COMPLETION OF SUCH MAINTENANCE, REPAIR AANNDD REPLACEMENT TO SAID RETA iNING WALL. TINE OtMER(S) O WIT 1-B SHALL RESTORE ANY DISTURBED AREAS. TO THE FULLEST EXTENT REASONABLY POSSIBLE, TO THE CODITIONS EXISTING PRIOR TO SUCH MAINTENANCE, REPAIR AND REPLACEMENT, THE FOREGOING LICENSES PROVIDED FW UNDER THIS PLAT NOTE SHALL BE ASSIGNABLE BY THE OWNERS) OF WIT I -A AD/OR 1-0 (AS THE CASE ML1`H' E) TO THEIR RESPECTIVE SUCCESSORS IN TITLE AND ASSIGNS, AID SHALL NOT BE TERM IGRANTORS fABLE SY THE RESPECTIVE OF SAID-�'I-C�ENSES. 11. THE OWER(S) OF WIT I -A HEREBY GRANT TO THE DW`ILER(S) OF WIT 1-6 A PERMANENT EASEMENT FOR LATERAL SUPHE PORT. 00 ONLY TO T EXTENT SUCH SIPPOiT IS PROVIDED AS OF THE DATE % O BY AHD THROUGH THE RETAINING WALL LOGT ED ON WIT 1-1 12. THE CWER(S) OF WIT 1-A HEREBY DRAW TO THE OWlIER(S) OF UNIT 1-8 A PERMANENT LICENSE FORTHOSE VENTS, UTILITY AfD CABLE TELEVISION CONNECTIONS AND OTHER FEATURES EXISTING AS OF THE DATE HEREOF AS SHOW ON THIS PLAT ('FEATURES*) HAT ENCROACH INTO WIT I -A AS A RESULT OF BEING AFFIXED TO THE OUTSIDE OF THE WESTERN WALL OF THE BUILDING CURRENTLY LOCATED WITHIN WIT 14. FURTHER, THE OWNER(S) OF WIT I -A HEREBY GRANT TO THE OWNER S) OF UNIT 1-B A PERMANENT LICENSE EXERCISABLE UPON PRICK WRITTEN NOTICE TO THE OANER(S) OF WIT 1-A, TO [LATER ONTO WIT 1-A TO CONSTRUCT, AT SOME TIME IN THE FUTURE. A RADON MITIGATION VENT OM THE WESTERN MALL OF THE BUILDING CURRENTLY LDCATED WITHIN WIT 1_0 AND UPON THE CONSTRUCTION OF SAID VENT IT SHALL BECOME A PART O THE 'FEATURES' DEFINED HEREI NABOVE. FURTHER, THE OAWR(S) OF WIT 1-A HEREBY GRANT TO THE OWNER(S) OF WIT 1-8 A TEMPORARY LICENSE EXERCISABLE UPON PRIOR WRITTEN NOTICE TO THE OADR(S) OF WIT 1--A TO ENTER UPON WIT 1-Aj TO THE EXTENT NECESSARY TO PERFORM SUCH MI NTENANCE. REPAIR AND REPLACEMENT TO THE FEATURES OR TO THE WESTERN WALL OF THE BUILDING CURRENTLY LOCATED WITHIN UNIT 1-6. UPON COMPLETION Of SUCH MAINTENANCE, REPAIR AREPLACEMENT, TM O NER(S) OF IT 1-6 SHALL RESTORE ANY DISID TURBED AREAS, TO THE FULLEST EWXTENT REASONABLY POSSIBLE, TO THE CONDITIONS EXISTING PRIOR TO SUCH MAINTENANCE, REPAIR AND REPLACEMENT, IN THE EVENT OF THE REMOVAL OF ANY OF THE FEATURES, THIS LICENSE SHALL AUTOMATICALLY TERMINATE AS TO THE FEATURES REMOVED. NOTWITHSTAD ING THE FOREGOING, HOWEVER, IN THE EVENT THAT THE OAANER(S) O UNIT 1-B REPLACE ANY OF THE FEATURCS WITH ITEMS OF SUBSTANTIALLY SIMILAR SIZE DIMENSIONS, THE OWNER(S) OF WIT 1-A HEREBY WANT TO THE OWIER(S) OF WIT 1-6 A PERMANENT LICENSE FOR SUCH REPLACEMENT FEATURES, WHICH MAY BE INSTALLED BY THE OWNER(S) OF LINLOCATION(S)IT I-B AT LOTION(S) TO BE REASONABLY SELECTED BY THE OWNER(S) OF UNIT 1-8 SO LONG AS SUCH INSTALLATION AND PLACEMENT DOES NOT WTERI ALLY INTERFERE WITH THE USE AD ENJOYMENT TO BE MADE OF WIT I -A BY M THE OER(S) THEREOF, THE FOREGOING LICENSES PROVIDED FOR UNDE R THIS PUT NOTE SHALL BE ASSIGNABLE BY THE OWNER(S) OF WIT 1_8 TO ITS SUCCESSORS IN TITLE AND ASSIGNS, AND SHALL NOT BE TERMINABLE BY THE GRANTOR OF SAID LICENSES. 13, THE OWNER(S) OF WIT 1-A HEREBY GRANT TO THE OAMER(S) O WIT 1� A PERMANENT LICENSE EXERCISABLE UPON PRIOR WRITTEN NOTICE TO THE OANER(S) O WIT 1-A TO ENTER ONTO UNIT 1-A FOR THE PURPOSE OF PERFORMING PAINTING AND/OR OTHER MAINTENANCE ON THE BUILDING CIRREWLY LOCATED WI OUN ED THIN WIT PER TTE IN CONNECTION THEREWITH, THE OWNER(S) OF WIT 1 B SMALL ( ) ALL BE PERMITTED TO CONSTRUCT AND MAINTAIN TEMPORARY FOR FOLDING OR WIT 1-A. BUT ONLY TO tTHE EXTENT REASONABLY NECESSARY fW THE PERT ONANNT OF SUCH PAINTING /OR MAINTENANCE. UPON IT t-BTION O RSVC"ESTORE PAINTING AND/OR OTHER INTENANCE. THE EXTENT RE WIT L� SMALL RESTORE EW CONDITIONS AREAS. TO THE FULLEST EXTENT REASONABLY POSSIBLE. TO THE OODIT IONS EXISTING PRIOR TO SUCHPAINTING AND/OR MAINTENANCE. THE FOREGOING LICENSE PROVIDED FW UNDER THIS PUT NOTE SMALL BE LEIAASSIGNABLE SSI NS THE OWNER(S) O WIT NAB TO ITS SUCCESSORS IN TITLE AND ASSIGNS, AND SHALL NOT BE TERMINABLE BY THE GRANTOR O SAID LICENSE. 14, THIS PROPERTY IS LOCATED IN THE COMMERICAL CORE ('CC') ZONE DISTRICT. 15. THE OWNER( S) OF WIT 1-e HAVE THE RIGHT TO USE THE DUPSTER LOCATED WITHIN WIT 1M. THE OAIER(S) OF UNIT 1-A MAY RELOCATE THE DUPSTFR WITHIN WIT 1-A. 16. IN THE EVENT THAT THE OWNER(S) OF WIT 1-A REDEVELOP THE BUILDING CURRENTLY LOCATED WITHIN UNIT 1-A OR THE OWIER('S) OF WIT 1-8 REDEVELO THE BUILDING CURRENTLY LOCATED WITHIN WIT 1-8„ AND IN CONNECTION WITH SUCH REDEVELOPMENT THE PARTY PERFORMING THE REDEVELOPMENT MUST EWER UPON THE PROPERTY OF THE OTHER PARTY, THE PARTY PERFORMING THE RE- DEVELOPMENT SHALL REQUEST WRITTEN CONSENT FRCM;THE OTHER PARTY TO ENTER UPON THE OTHER PARTY'S PROPERTY TO THE EXTENT REASONABLY NECESSARY FOR THE PERFORMANCE OF SUCH REDEVELOPMENT. SUCH C(1NSEMY SHALL NOT BE UNREASONABLY WITHHELD: PROVIDED, /HOWEVER, ilAl iTHE PARTY PERFORMING THE REDEVELOPMENT AGREES TO COMPLY WITH THE REASONABLE REOUEy[TS O THE OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, EXECUTION OF A J%S OF AGREEMENT CONTAINING APPROPRIATE INDEMNIFICATION, INSURANCE AND OTHER REASONABLE AND CUSTOMARY PROVISIONS). NOTIw MMR iWM Avr o�FscaP o TM Mu T cnA[Iltt 1= uTa xN F Ulm olscouA 9HDI ocfMci. 1« to Lln'wlrl wY .w iI ,r YMT� NIfY M WR OIQNIIlIG�OM L II E p,0 PpH INN CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA CONDOMINIUMS -AMENDMENT NO. 1 (A SUBDIVISION OF UNIT I THE GALENA PLAZA CONDOMINIUMS INTO UNITS 1-A and I -B) SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., \ REBAR & CAP A<<fY \ \ \LS #19598 (-SET) 20.4p SOCK 8 \ CONDOMALENA INUMSA !/ S 7s �9, �Of R p W A• T CONDUIT \ SEWER MANHOLE UNIT 2 Vj JJP, f TEL. PED �/ SEWER MANHOLE / 18. �� • RIM ELEV = 7911.4 TV PED REBAR & CAP GENERAL COMMON ELEMENT i BETWEEN UNIT 1 AND 2 2 �8'So- ELECT. $ LS ILLEGIBLE/ LIMITED COMMON ELEMENT FOR UNIT 1-A O " METER I (BETWEEN UNITS 1-A AND 1-B) O PARKING 59.�g GAS �O UNIT 1-A ,p TWO STORY BRICK BLDG W/BASEMENT !A DUMPSTER GAS PLUG ( BLDG W ` %2.844 Mq�` 100.0 0, STRffT WJp f R, O W COLORADO NATIONAL BANK ASPEN, BEING THE BENEFICIARY Of THAT DEED OF TRUST DATED JUNE 14, 1996 AD RECORDED JIBE 24, I996. AT RECEPTION N0. 394018 ENCUMBERING UNIT 1. THE GALENA PLAZA CONDOMINIUMS ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 33 AT PACE 89 HEREBY CONSENTS TO AND APPROVES THE FILING OF THIS CONDOM NIW SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA CO/DOMINI UMS-ACNDMEHT NO. IN ACCORDANCE WITH THE COVENTS, RESERVATIONS EASEMENTS. I OBLGATIAN DNS AND OONDI TIONS APPEARING HEREON AND AGREES THAT SAID DEED OF TRUST SHALL BE SLOW NATE TO THIS CONIOOMI NIW SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA C.ONXDCM UIId-AENEWENT/ �NO�. I. EXECUTED THIS �.I.L DAY OF V 1 D99. COL -NATIONAL ASPEN Y: 1 NwE: 'ENE vARK STATE OF �]''H} LSD 2) DWNr COUNTY OF_T't 4'1(ln )SS BE THEMFOREGAI S e R(IA$PENE A!"h WITNESS MY HAND AND OFFICIAL SEAL. MI COMMISSION EXPIRES: 0//ls/1 PLANNING. DIRECTOR APPROVAI THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA CONDOMINIUMS-AAENONET NO. I WAS APPROVED BY, THE CITY OF ASPEN PLANNING DIRECTOR THIS GY O lgyy PLPRiNG DIRECTOR MEN O SEWER MANHOLE RIM ELEV - 7911.68 CURB o S 7325'28' E 0.90' O O N 16'34'32" E 2.32' ti O S 16'34'32' W 2.32' �Q� q OF Y� RED AADWTA I N CQ D�01 ASPEN CT HIGH W IDI.NTAIN Lyl PR VICINITY MAP SCALE: 1' - 2000' PROPERTY DESCRIPTION WIT 1-A A PARCEL OF LAID BEING A PORTION OF WIT 1, THE GALENA PLAZA CONDOMINIUMS AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 33 AT PAGE 89 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG U I NM I NG AT THE SOUTHEAST CORNER OF SAID UNIT 1, A REBAR AND P L. S./9154 FOUR IN PLACE, THE POINT OF BEGINNING; THENCE N 75'01" W ALONG THE SOUTHERLY BOUNDARY OF SAID UNIT 1-A A DISTANCE OF 70;50 FEET TO THE SOUTHWEST CORNER OF SAID WIT 1; THENCE N 14'5049' E ALONG TIME WESTERLY BOIADARY OF SAID WIT 1 A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID WIT 1; THENCE S 75'09'lf' E ALONG THE NORTHERLY BOUNDARY OF SAID WIT 1 , DIS S TANCE OF 18.71 THENCE LEAVING SAID NORTHERLY BOUNDARY 5'0.4 52' 1Y A DISTANCE OF 37.54 FEET; THENCE S 75*06*45' E A DISTANCE OF 0.25 FEET; THENCE S 15'04'52' W A DISTANCE OF 7.06 FEET; THENCE S 73'12'11' E A DISTANCE OF 35.14 FEET; THENCE N 16'34'32' E A DISTANCE OF 2.32 FEET; THENCE S 73'25'26' E A DISTANCE OF 0.90 FEET: THENCE S 16'34'32' W A DISTANCE OF 2.32 FEET; THENCE 5 73'12'I1' E A DISTANCE OF 5.44 FEET; THE S 13'S8'45' W A DISTANCE OF8.75 BEET; THENCE S 75. 16, E A DISTANCE OF 18.17 FEET TO A POINT ON THE EASTERLY BONDARY Of SAID UNIT 1; THENCE S 14*50*40' W ALONG THE EASTERLY BOUDARY OF SAID UNIT 1 A DISTANCE OF 47.40 FEET TO THE POINT OF BEGINNING: SAID PARCEL CONTAINING 5.005 SO. FT. MORE W LESS. 2 3 PROPER-TY DESCRIPTION MIT I J APARCEL OF AND BE I NO, A PORT I ON OF UN I T ' MA PLAZA EN BEIAIL i`r N AR M NT COUO DOMINIS AS SHOWN ON THE PLAT THEREOFRECORDED BOOK 33 AT PAGE 89 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, CITY OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: hC) _-P.O.B. UNIT 1-B th SIDEWALK P.O.B. UNIT 1-A REBAR & CAP LS #9184 (FND.) FIRE HYDRANT AND VALVE PRVFYOR'c CFRTUFI •Tf I, FRANK W. MWRRINGTOtl. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. EMPLOYED BY HIGH COUNTRY ENGINEERING, INC., DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM SUBDIVISION EXEAPTICN PLAT FOR THE GALENA PLAZA CONDOMINIUMS -AMENDMENT MO. 1: THAT THE OUTION OF 1 I EXISTING STRUCTURES. L THE OUTSIDE FEATURES ES. ROADS. LY A S RUC ORES FACILITIES AND OTHER F AT ARE FIGURATELY AND CORRECTLY NE E URES E SHOWN HEREON, THAT THE SAE ARE BASED ON FIELSUBDIVISION SURVEYS PERFORMED UNDER W SUPERVISION; THAT THIS CI)HDCMINIW $l1BDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA CODOIINILMS-AAENOWNT NO. I. MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN COLORADO REVISED STATUTES 1973. TITLE M. ARTICLE 51. AS AMENDED FROM TINE -TO -TIDE AND CONTAINS ALL THE INFORMATION REWIRED BY C.R.S. 38-U-N-209 O THE COLORADO COLA" INTEREST OWNERSHIP ACT. DATED:_. 1999. r p\�:�p�NAR4({6rf9F HIGH COUNTRY ENGINEJI:�rVC. O'� BY: W. KAR NG ON.! ' F FRANK W. HARRI NGTON = 195 f'aW STATE OF e.�e.-�� *A y''• ;n �'�A LAN SJe COUNTY OF CjftA \� THE f GOING SURVEYOR'S CERTIFICATE WAS ACKNOWLEDGED BEFORE HE THIS CAY O IP99. BY FRANK Wj,0' HARRINGTON OF HIGH CONTRT INEERING, INC.(�Y�T"ARy WITNESS MY HAND AND OFFICIAL SEAL. \A\� MY COMMISSION EXPIRES: 1/FZ51.2m/ ( BEGINNING AT THE SOUTHEAST CORNER OF SAID WIT 1, A REBAR AND CAP L.S. 09164 FOND IN PUCE; THENCE N 14'50'49' E ALONG THE SAID EASTERLY SMART OF SAID WIT 1 A DISTANCE OF 4].40 FEET TO THE P01 NT O BEG'INIMG: LEAVING SAID EASTERLY BOUNDARY N 75'43'16' W A DISTANCE OF 18.17 FEET: THENCE N 13'58'45' E A DISTANCE Of6.75 FEET' THENCE N 73'12'11' W A DI TANCE OF S 5.44 FEET: THENCE M 16'34'32' E A DISTANCE OF 2.32 FEET: THENCE N 73'25'28' W A DISTANCE OF 0.90 FEET; THENCE S 16'34'32' W A DISTANCE OF 2.32 FEET; THENCE Al 73'12'11' W A DISTANCE OF M.14 FEET; THENCE N 15'04'52' E A DISTANCE OF 7.08 FEET; THENCE N 75'06'45' W A DISTANCE OF 0.25 FEET; THENCE N 15'04'52' E A - DISTANCE OF 37.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID WIT 1; THENCE 5 75'D9'll' E'ALONG THE NORTHERLY BOUNDARY OF SAID WIT 1 A DISTANCE Of 59.79 FEET TO THE NORTHEAST CORNER O SAID UNIT I. A REBAR AND CAP L.S. #9154 FOUND IN PLACE; THENCE S 14'50'49' W LONG THE EASTERLY BOUNDARY OF SAID WIT 1 A DISTANCE OF 52.60 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.844 SO. FT. MORE OR LESS. CFRT IFIGTE OF DEDIUi1W AID OAIERSHIP KNOW ALL MEN BY THESE PRESENTS. THAT GALENA PLAZA, LLC. A GRAPHIC SCALE O'LCRAOO LIMITED LIABILITY COMPANY. BEING THE OWNER OF UNITS AND I -A A1-8, THE GALENA PLAZA CODOMINILIS, BEING THE REAL p PROPERTY SHOW HEREON DOES HEREBY CERTIFY THAT THIS CONDOM NIW SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA OONDOAINIU65- AMEND+CN. ti,'.. HAZ 8E:N PfrPARE: 2,RSL"T TG ANG F;'.R T PURPOSE STATED IN THE SUPPLEMENT TO THE C%0W NIW DECLARATION -R ( Ix ■LCf) FORTHE GALENA PLAZA CONDOMINIUMS DATED I RECORDED AIa R�4�1I�IW.H 1 1-b - 20 fL fR•b0O( _ Ar PXX- AND THE UNDERSIGNED DOES HEREBY NA 4ss os, SUBMIT SAID REAL PROPERTY TO THE TERMS. PROVISIONS AND CONDITIONS OF THE CONDOMINIUM DECLARATION FOR TIE GALENA / PLAZA CONDOMINIUMS DATED FEBRUARY 14, ID91 RECORDED IN BOOK 742 AT PAGE 497 AS RECEPTION NO. 367202 AND SAID SUPPLEMENT. DATED: 190. GALENA PLAZA, LLC BY: 4HFltl 4'.•t4f TIT [ EXAMINER'S CERTIFICATE MANAGER ce ✓p'RAI P STATE O ) I, J. HNGENS, AS PRESIDENT O PITKIN TITLE, INC.. $$ HEREBY MT1 DO NER®Y CERTIFY THAT I HAVE CAUSED AN EON THATID0Ny TO BE MADE O DEO THE PROPERTY DESCRIBED HEREIN, AND BASED ON THAT EMPANY. ION CONTY O �ATI�Ha GLEN PLAZA, LLC, A COLORADO LIMITED LIABILITY IXIAPAW. CONSTITUTES T F SIMPLE OWNER O T PROPERTY T TO THE HE FEE 5 HE PROPS Y SUBJECT LIENS AND ENCUMBRANCES I 'EVE THE AL BEL NOTED HEREON. TION THE FOR GOING CERTIFICATE Of DEDICATION E E BED G D AND QYM IP NIA$ �3^' ACKNFJALEDGEU BEFORE NE TH S GY O I Y `ei FACT$ STATED ON THIS CONDOMINIUM E PLAT ARE SUBDIVISION CAS YK N� O GLEN PLAZA, LLC. T THIS I NOT T D T O TIE. S 5 0 BE CONSTRUE AS AN ABSTRACT SNOTAN TITLE, NOR ANOPINION O NOT NOR A O TITLE. IT IS ITNESS O A WITNESS W NAND AND OFFICIAL SEAL. SEAL n NTY TITLE UNDERST000 AND AGREED THAT PITKIN COUNTY TITLE. INC., NEITHER ASSUE$ NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION ON MY COWISSION EXPIRES:101.11 OPINE 11�6AN LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. 00 DATED THIS I DAY OF #)q 1 . CITY ENGINEER APPROVAL '' ��`D THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PITKIN COUNTY TIT' INC. 1 N0. I WAS BY. THE CITY III. FOR THE CITY O ASPEN DAY CIUENT 8Y: _ THIs DAYOF IW9. VINCENT J. HI SIDENT /) - STATE OF(/���fye tO.J� � CITY ENCI R OOLWY OF�SS P.:#J- CYfRK AND Rf [LvC{R'S CERTIFICATE THE FOREGOING TITLE EXAMINER'S CERTIFICATE WAS ACKNOWLEDGED CONDOMINIUM SlB01V151ON E%EWTION PLAT FOR THE GALEHA PLAZAHIGENS, BEFOREME THIS 12 DAY OF , 1999 BY VINCENTJTHIS CONDOIINIUSANTE EM NO. I, IS ACCEPTEDFOR RECORDING IN TIE c PRESIDENTOPITKIN CONTY TIT E. INC. OFFICEOFTHE CLERK AND RECORDER OF PITKIN COUNTY,CJLORADO,//pp$ DAY O 1999. IN PLAT BOOK ___Y' J- WITNESS W NAND AHD OFFICIAL SEAL. T PAGE- , ATRECEPTION D. OwHt'M D. 1AFMA•h AIIMoA MY COMMISSION EXPIRES: ADTT80CE Wa.+MNm_PIWm Awn EAAI HW H elI U BY: oj�_ _) U()F NAY_1 CLERK M RECORDER ' 1.'. U6Ltl PITKIN COUNTY. COLORADO u i I MI6 PROJECT NO. 9877201 SHEET 1 OF I • EXHIBIT J Front fagade of Hines office and US Bank building adjacent to property Corner view of Courthouse across street kip. S •?`may- �... _� . 14f 6K View of the Front (South Side) and East Side of Property from the Corner of Galena St. and Main St. Close-up View of the Front (South Side) of the Property 1 :nd Title Association Commitment - Modified 3/78 Chairman of the Boa Wg;,��o *�4 � Ni 1lOt to Countersigned: TfXAs gnature - Tom Twitchell STEWART TrME OF ASPEN, INC. Agent ID #06011A COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY ' President Order No. 00029220 • SCHEDULE A 0 Order Number: 00029220 1. Effective date: November 01, 2001 at 7:30 A.M. 2. Policy or Policies to be issued: iAmount of Insurance (a) A.L.T.A. Owner's (Standard) $ TBD Proposed Insured: TO BE DETERMINED (b) A.L.T.A. Mortgagee's $ Proposed Insured: (c) Leasehold $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: 434 EAST MAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: See Attached Legal Description STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. 1/2 HALF SUBDIVIDER RATE ON ALL UNIT SALES STEWART TITLE OF ASPEN, INC. 620 E. Hopkins, Aspen, Co 1611 A;Rfiorized ignature - Tom Twitchell 4. SCHEDULE A Order Number 00029220 LEGAL DESCRIPTION Unit _, GALENA LOFTS CONDOMINIUMS, according to the Condominium Map thereof 2002 in Plat Book at Page — as Reception No. recorded and as defined and described in the Condominium Declaration for 2002 as Reception No. Galena Lofts Condominiums recorded COUNTY OF PITRIN, STATE OF COLORADO. • SCHEDULE B • Section 1 Order Number: 00029220 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be exectued and duly filed for record, to wit: 1. Recordation of a good and sufficient Condominium Plat and Condominium Declaration. 2. The following is required with respect to 434 East Main, LLC, a Colorado Limited Liability Company: hed by the Secretary of State in which a. Satisfactory evidence furnis Articles were filed, confirming that said Limited Liability Company is in good standing. (i.e., Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b. Copy of the Articles of Organization of said Limited Liability Company. C. Copy of the Operating Agreement of said Limited Liability Company. NOTE: If any Managers are themselves partnerships trusts, limited liability companies or corporations, additional requirements will be necessary. 3. Deed from vested owner, vesting fee simple title in purchaser(s). 4. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 5. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. . SCHEDULE B Section 2 • Order Number: 00029220 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. Reservations and exceptions as set forth in the deed from the City of Aspen recorded in Book 59 at Page 267 and 394 providing as follows: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 9. Terms, conditions, obligations and all matters as set forth in Statement of Exemption from the Full Subdivision Process recorded February 22, 1994 in Book 742 at Page 489 as Reception No. 367200. 10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration of The Galena Plaza Condominiums recorded February 22, 1994 in Book 742 at Page 497 as Reception No. 367202 and Supplement to Condominium Declaration recorded May 13, 1999 as Reception No. 431031. 11. Easements, rights of way and all matters as shown on the Condominium Map for The Galena Plaza Condominium recorded February 22, 1994 in Plat Book 33 at Page 89 as Reception No. 367203 and on the First Amended Plat thereof recorded May 17, 1999 in Plat Book 49 at page 82 as Reception no. 431147. 12. Deed restriction pertaining to "no retail banking business" as contained in Warranty Deed recorded February 22, 1994 in Book 742 at Page 515 as Reception No. 367204. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded February 22, 1994 in Book 742 at page 519 as Reception No. 367205. Continued on next page • Continuation of Schedule B - Section 2 order Number: 00029220 14. Terms, conditions, provisions and obligations as set forth in Assignment and Assumption of Leases recorded February 22, 1994 in Book 742 at Page 524 as Reception No. 367206. 15. Terms, conditions, provisions and obligations as set forth in Development Rights Transfer recorded February 22, 1994 in Book 742 at Page 526 as Reception No. 367207. 16. Terms, conditions, provisions and obligations as set forth in Ordinance No. 64 (Series of 1993) of the City Council of the City of Aspen recorded March 16, 1994 in Book 744 at Page 629 as Reception No. 367933. 17. Terms, conditions, provisions and obligations as set forth in Ordinance No. 46 (Series of 1993) of the City Council of the City of Aspen recorded March 24, 1994 in Book 745 at Page 631 as Reception No. 368258. 18. Terms, conditions, provisions and obligations as set forth in License Agreement recorded May 19, 1999 as Reception No. 431316. 19. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration of The Galena Lofts recorded , 2002. 20. Easemnets, rughts of way and all matter as shown on the Plat of Galena Lofts Condominiums recorded _, 2002. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. If said update reveals no intervening liens or changes in the status of title, Exception No. 5 above will be deleted. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. Ll DISCLOSURES • Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all 'matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment 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 materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen'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. 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. Order No. 00029220 Disclosures (YSDD) Rev. 10/99 STEWART TITLE GUARANTY COMPANY Privacy Policy Notice Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our 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 customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- 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. File No. 00029220 Steuart Title of Aspen, Inc. Privacy Polity Notice (Page 1) Rev.07/2001 (YPPN1)