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HomeMy WebLinkAboutLand Use Case.552 Walnut St.0007.2008.ASLU .._ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0007.2008.ASLU 2737-073-920-13 552 WALNUT STREET JENNIFER PHELAN SUBDIVISION EXEMPTION FOX CROSSING 2.18.08 CLOSED BY Angela Scorey on 03/03/2009 .~ 2'13?' D?3 'OUZO ~"' i 3 X37 cr- 3 ~ z o~3 L* cd salsa NaMwaa fE11B flaDOr(a Faiget Lae nti,.. S. MenlGMan FjlM1 l9taJaa IFey ~Fm 9unmsy ~YeMebn IPacep ISUaCmeaa ITP~<'NOtr9ll~xY' .... _.~ -... PAiap 2WlLLMIi Si J ,as,:M~----------- A6PEN _____ 5lekro- ~r16„__ . J hmllNameUOn. G (,. Mwb Pem]~~ gWip DAM a~L~] /yaieJ 0112112008 J RNecl~ ..~ ~,! Sleea tt~ax9 Mpr"ea~J 6 (.. '. Dempnm SUBDMSIDN EXEMPTION lauetl~J OBE59 SUBJECT i0 E~MFTION IS 516 WAIHUT 9T. BUi LISTED PARCEL BE1fING5 i0 551 WALNUT Frcl ~J SWrxed [Hfl199Fr1936 [btlc avriq Dq/a~ Expau o1115rmw J Len Narc ox caosslN6 ra+ilrns, J RM Nanw~ H ~ A~ F1vq 191015140015 PEN C08 61 W Owala AppfcaMi LM NSre xCBp551xG PatirFns, 2~ fin Nme~ 601 EHOPKINS AVE Flxv 19]015140015 [unp 31611 ----~--~ FEN [081611 Lakn _. Lax Nana ~ 2~ Fin Nane Fbe~ Ci~ ~ e ~~~ ~ ~~~~ ~~~ c~ ~.w ~~, ~~ THE CITY OF ASPEN .~ Land Use Application Determination of Completeness Date: Januazy 22, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0007.2008.ASLU (552 Walnut St.). The planner assigned to this case is myself. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: I. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: I there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessazy by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You Jennifer h lan, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc `. ASPEN OFFICE 601 Eas[ Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhechLCOm January 18, 2008 AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basal[, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 Christopher J. LaCroix Aspen Office clacroix(g~arfieldhechGcom BY HAND Ms. Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: Application for Subdivision/Condominiumization of Lot 13. Fox Crossin¢ Subdivision Dear Jennifer: Fox Crossing Partners, LLC, a Colorado limited liability company ("Applicant"), respectfully submits this letter as part of its subdivision application seeking permission to condominiumize Lot 13, Fox Crossing Subdivision (the "Property"). The following information is required by Aspen Land Use Code sections 26.304.030 B., and 26.480.090: • Name of Applicant: Fox Crossing Partners, LLC, a Colorado limited liability company. • Applicant's address: c/o Garfield & Hecht, P.C., attn: Christopher J. LaCroix, 601 E. Hyman Avenue, Aspen, Colorado 81611. • Applicant's telephone number: (970) 925-1936. • Names address and telephone number of representative authorized to act on behalf of Applicant: Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611, tel.: (970) 925-1936, fax: (970) 925-3008. • Street address of property: 546 Walnut Street, Aspen, Colorado 81611. _ VE ~ y , IFa l n1 CITY C+'ri ~-„'::. ~.;~i COMMUkiTF ~ ': ,_':,' ® Printed on recycled paper ~. '"° ~.,~ GARFIELD &HECHT, P.C. Ms. Jennifer Phelan January 18, 2008 Page 2 • Legal description of property: Lot 13, Fox Crossing Subdivision, according to the plat thereof recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No. 511410, County of Pitkin, State of Colorado. • Parcel identification number of Pr~erty: 273707392013. Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the Fox Crossing Lot 13 Condominiums. Also enclosed herewith, aze (i) two drafts of the proposed condominium map; (ii) current title commitment from Stewart Title Guaranty Company showing Applicant as owner of the Property; (iii) Agreement for Payment of City of Aspen Development Application Fees; and (iv) a check payable to the Aspen/Pitkin Community Development Department in the amount of $705.00. Thank you in advance for your consideration. Please contact me once you have had a chance to review the enclosed materials. Very truly yours, GARF &HECHT, P.C. By: Christ er J. LaCroix Enclosures Copies to: Harris Cahn (via a-mail) Rick Crandall (via e-mail) APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: olC Cfa ~~ rkntTS LL Location: O'~' l3~'r)1C CLASS\'A Sv~i ~IYIS 10'~ Indicate street address, lot Fi block umber, le al descri lion where a ro riate Parcel ID # RE UIRED a 13~ O't 3ge101 REPRESENTATIVE: I ~ ff Name: f(I ~Gol of ~ G T ~~ Address: (~ ~ _ MAC AJE , ,t~ ~ C.U ~ ~ 6 ~, Phone#: q7J F2S• 936 PROJECT: Name: ~~uN~InIt1MILk'tL0^ lp~ 13 TD ~1csS~n SJ~o~tUtllO.n Address: 6 Wu~KV~ S't • N ~.(~ t 6 ~ I Phone #: Q7 ~ ~ 2 S - (R l7 TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Lot Split ^ Conceptual PUD ^ Final PUD (3c PUD Amendment) ^ Conceptual SPA ^ Final SPA (Bc SPA Amendment) ^ Subdivision Subdivision Exemption (includes condominiumization) ^ Temporary Use ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. -~ ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Other: 'ROPOSAL: descri lion of ro osed buildin s, uses, modifications, etc. mtirltu~llZ~ ~~ 13 it•-{v Un~~3 A a Cj Have you attached the following? ~/ FEES DUE: S / ~ S ^ Pre-Application Conference Summary ~ 11 rr ^ Attachment #1, Signed Fee Agreement QCDV ItStcr A~ ^ Response to Attachment #3, Dimensional Requirements Form 17 ~ / ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards N A All plans that are larger than 8.5" x 11" must be folded and a Ooppy disk with an electronic copy of ail written text (Microsoft Word Format) must be submitted as part of the application, ,, , CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafer CITY) and ~X l~(CDSS(N(r YARTfJ~'RS~ LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for w, tnituMtl~4/tnnl eta 1_~k /3 fbY ('rnss,nt~ S~ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Ciry of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain [he full extent of the costs involved in processing [he application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs [o be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. "Therefore, APPLICANT agrees that in consideration of [he CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $~ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY foc the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT Curther agrees [hat failure [o pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until al] costs associated with case processing have been paid. CITY OF ASPEN APPLICANT ~X CigoSS~Ny P~///ItlS LL~- By: By: Chris Bendon f~K/ Community Development Director Date: Billing Address and Telephone Number: Rewired fool E. 1{oA~inS ~ZoZjq~,~ (~ glbl~ ~4'10~ qLo • ooo~" C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc Y""~ ALTA Gmm~itmaot (b/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE .Issued by ~stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. 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 insetted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. 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. Countersigned: ~p ~ -steWGL~ t ~~ ~ I ~~ ~~~ ~~„ ~ ~ title guaranTy company ' ~ li /P ~ ~ ~ , A orired Countersignature Senior Chavman of [he Boartl (// ~ $ICAN.IrI tlliC Oi CUIUr:[d U. Inc, a~.~ p°~agr ~2< ! 3: 1 ~///~,ry~/j /y /~p~, <--- Atipen ~IVItiIO^ a ~ _.n+, 1 9 ~ e ~ ~ o~ Chairman o(the Board 620 East Hopkins Avenue '---„''i r ps,,;,,,,"„ Aspen, Colorado 81611 '" ~~ ~ ~ Phanc: (970)-925-3577 amsidenr Fux: (970h925-1384 Order Number: 10447 ALTA Commitment (6/17/06) r,. , COMMITMENT FOR TITLE INSURANCE SCHEDULE A I . Effective Date: Ianuary 10, 2008 at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: Suzanne Thomas Porter and B. G. Porter (b) A.L.T.A. Loan Order Number: 10447 Amount of Insurance 56,(00,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: P~ec Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: Fox Crossing Partners, LLC, a Colorado Limited Liability Company 5. The land referred to in this Commitment is described as follows: Unit B, FOX CROSSING LOT 13 CONDOMINIUMS According to the Condomiuium Map recorded and as defined and described in the Condominium Declaration for Fox G'ossing Lot 13 Condominiums recorded COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Sd(i R4ilnut S[recr Aspen, Colorado 8161 I STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued: PREMIUMS: DEVELOPER RATE: Owner's: $4275.00 Tax Cert: 20.00 Form 110.1 150.00 OiclerNwnber: IOJ47 ~~t~W~,~1 t ALTA Crnnmftmcnt (6/17/06) - Schedule A title guaranty company Pn~c I of I ~~. COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 1 REQUIREMENTS Order Number: IilA47 The following are the requirements to be complied with: L Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Tide Guaranty Company. 5. Partial Release of Deed of Trust dated June 15, 2006, executed by Fox Crossing Partners, LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $41,000,000.00 in favor of Bank Midwest, N.A., recorded June 16, 2006 as Reception No. 525324. 6. Partial Termination of Financing Statement from Fox Crossing Partners, debtors to Bank Midwest. N.A. secured party tiled June 16, 2006 as Reception No.525330. 7. Partial Release of Deed of Trust dated June 20, 2005, executed by Fox Crossing Partners LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $1,600,000.00 in favor of Charles Shafer, R, recorded .Tune 23, 2005 as Reception No.51 1580. 8. Partial Release of Deed of Trust dated June 20, 2005, executed by Fox Crossing Partners LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $1,800,000.00 in favor of Meridian Capital Group III, Inc., recorded Tune 23, 2005 as Reception No.S 11581. 9. Partial Release of Deed of Trust dated September 2Q, 2007, executed by Fox Crossing Partners. LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $4,000,000.00 in favor of Bank Midwest, N.A., recorded September 25, 2007 as Reception No.542384 and rerecorded October 5, 2007 as Reception No. 542700. 10. Partial Termination of Financing Statement from Fox Crossing Partners, LLC, debtors to Bank Midwest, N.A., secured party filed October 4, 2007 as Reception No. 542686. I I .Partial Release of Deed of Trust dated September 20, 2007, executed by Fox Crossing Partners, LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $4,000,000.00 in favor of Bank Midwest, N.A., recorded October 5, 2007 in as Reception No.542700. Onlei' Numhcr. I tW37 - ~~V /~ //~ ~~ AI: r~Cnnunitment(F/U/06)-SchaluleBl ! YY~i~ Pa~c I o(2 ~ tithe guaranty company .~... 12. Partial Release of Mechanic Lien in the amount of $495,390.95 filed by Condon Construction Inc. recorded December 12, 2007 as Reception No. 544816. l3. 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: (I) 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). 14. A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Scction 1445 of the Internal Revenue Code AND 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-] 270 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. I5. Duly executed Indemnity Agreement by Fox Crossing Partners, LLC, a Colorado limited liability company indemnifying StewarC Title of Aspen, Inc. against any and xll loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title). 16. Duly executed atidavit by The chief executive officer or general partner of RJW Builders, Inc. stating that: I .They are the general contractor for all improvements constructed on the subject property. 2. All construction has been completed. 3. They have been paid in full. 4. All subcontractors and/or any parties which provided lienable services or materials for said construction project have been paid. 5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 17. Deed from vested owner(s) vesting tee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Order Number: I Udd7 ~~V A /~~~ ALTA Cumminnent(6/17/06)-schedule6l ~ ~/~ Fa ~e 2 i~~ 2 ~-title guaranty company ,, ~_~ COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 2 EXCEPTIONS Order Number: 10447 The policy or policies to be insured will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I . Rights or claims of parties in possession, not shown by the public records. ?. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and 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. Detects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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 in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and aII unpaid taxes and assessments and unredeemed tax sales. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Pateni recorded December 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 10. Terms, conditions, obligations and provisions of Ordinance No. 57 (Series of 1988) Aa Ordinance Annexing Territory to the City of Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certitied by the City Clerk on July 28, 1986, Commonly known as the "Williams Addition" as set forth in instrument recorded January 6, ] 989 in Book 585 at Page 330 as Reception No. 308587 and as shown on the plat recorded February 6, 1989 in Plat Book 22 at Page 15 as Reception No. 308586. 1 I . Underground Right of Way Easement, fifteen (l5) feet in width, granted unto Holy Cross Energy as set forth in instrument recorded August 17, 1999 as Reception No. 434513. Order Number. I Od37 ~~~ A ~/• ~n~ .V.TA Canm~iwicnt(6/17/06)-SchaluleB^_ ~/~/~~ Pnec I ul d -title guaranty company f 12. Right of Way for Lone Pine Road and Gibson Avenue. 13. Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado, Vacating Portions of the Walnut Avenue Right-of-Way Containing I,O50 Square Feet all within the City of Aspen, Pitkin County, Colorado, Ordinance No. 19 (Series of 1993) as set forth in instrument recorded May 3, 1993 in Sook 710 at Page 990 as Reception No. 356442 and re-recorded November 7, 1995 in Book 798 at Page 938 as Reception No. 387120. 14. Easements, rights of way and other matters as shown and contained on Plat of Griffith Property, LLC, Lot Split Subdivision Exemption and Condominium Plat recorded .Ianuary 28, 2003 in Plat Book 64 at Page 23 as Reception No. 477899. I5. Underground right of way Easement granted unto Holy Cross Energy, a Colorado corporation as set forth in instrument recorded November 7, 2002 as Reception No. 474475. 16. Terms, conditions, obligations and provisions of An Ordinance of the City of Aspen City Council Approving a Subdivision Exemption Lot Split for Lots 1 and 2 of the Property to be known and Dedicated as the Griffith Property LLC Lot Split located at 700 Gibson Avenue. City of Aspen. Pitkin County, Colorado, Ordinance No. 37 (Series of 2002) as set forth in instrument recorded December 5, 2002 as Reception No. 475668. 17. Terms, conditions, obligations, provisions and easements of Trench, Conduit, and Vault Agreement between Griffith Property, LLC and Holy Cross Energy, a Colorado corporation as set forth in instrument recorded December 6, 2002 as Reception No. 475736. 18. Terms, conditions, obligations, provisions and easements of Easement Agreement by and between The Griffith Property, LLC, a Colorado limited liability company and Walnut Property, LLC, a Colorado limited liability company as set forth in instrument recorded November 13, 2003 as Reception No. 491 104. 19. Any and all ores or minerals which may be had, mined or found within the surface boundaries of said granted premises so far as the same may or can be worked without interfering with the surface of said premises, as reserved in Deed recorded November 9, 1901 in Book 142 at Page 496 as Reception No. 66468. 20. Terms, conditions, obligations, provisions and easements of City of Aspen Ordinance No. 52 (Series of 1988) as set forth in instrument recorded February 6, 1989 in Book 585 at Page 330 as Reception No. 308587; and on the Annexation Plat recorded in Plat Book 22 at Page I S as Reception No. 308586. 21. Terms, conditions, obligations and provisions of City of Aspen, Water Service Agreement between the City of Aspen and Clourie Bennis as set forth in instrument recorded September 17, 1996 as Reception No. 397127. 22. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Commission (HPC) Approving an Application for Major Development (Final) for the Property Located at 555 and 557 Walnut Street, Which are Described as Lots 2-5, Block 3, Williams's Addition to the City and Townsite of Aspen, Colorado, Resolution IVo. I5, Series of 2005 as set Orden Nmnbee 1047 ~~~~ ~LT~ Cummitmem (6/17/Ofi)-ScheAule R 2 P}1~S ~ of4 ~•title guaranty company f '~ \.i forth in instrument recorded May 26, 2005 as Reception No. 510584. 23. Easements, rights of way and other matters as shown and contained on Plat of Fox Crossing Subdivision recorded June 2Q, 20005 in Plat Book 74 at Page 17 as Reception No. 5 11410. 24. Terms, conditions, obligations and provisions of Subdivision Agreement for Fox Crossing Subdivision as set forth in instrument recorded June 20, 2005 as Reception No. 51141 I . 25. Terms, conditions, obligations and provisions of Agreement by and between Walnut Property, LLC and the City of Aspen as set forth in instrument recorded June 20, 2005 as Reception No. 51 1425. 26. Terms, conditions, obligations and provisions of Ordinance No. 50 (Series of 2004) An Ordinance of the City of Aspen City Council, Approving Three Growth Management Quota System Exemptions, Vacation of a Por[ion of Race Street, and a Fourteen Lot Subdivisions to be Known as the Fox Crossing Subdivision on Land Located between Lone Pine Road and Race Alley between Walnut Street and Race Street, 557 Race Alley and Vicinity, City of Aspen, Pitkin Cotmty, Colorado as set forth in instrument recorded June 20, 2005 as Reception No. 51 1408. AND. Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded Junc I4. 2006 as Reception No. 525210, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded June 14, 2006 as Reception No. 52521 I, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded June 2Q, 2006 as Reception No. 525489, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded June 2Q, 2006 as Reception No. 525490, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded June 20, 2006 as Reception No. 525491, AND. Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded .Ianuary I I, 2007 as Reception No. 533253, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded February 7, 2007 as Reception No. 534231, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded February 7. 2007 as Reception No. 534233, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded February 7, 2007 as Reception No. 534232, AND, Affordable Housing Impact Fee Defenal Agreement, as set forth in instrument recorded February 7, 2007 as Reception No. 534231, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded February 7, 2007 as Reception No. 534232, AND, Affordable Housing Impact Fee Deferral Agreement, as set tbrth in instrument recorded Febru~uy 7. 2007 as Reception No. 534233. and Affordable Housing Lnpact Fee Deferral Agreement recorded .I une 5, 2007 as Reception No. 538577 and Affordable Housing Impact Fee Deferral Agreement recorded September 28, 2007 as Reception No. 542525. 27. Terms, conditions, obligations, provisions and easements of Revocable Encroachment License as set forth in instrument recorded June 20, 2005 as Reception No. 51 1409. 28. Terms, conditions, obligations and provisions of Deed Restrictions by Fox Crossing Partners, LLC, a Colorado limited liability company for the benetit of the City of Aspen, Colorado as set forth in instruments recorded December 22, 2005 as Reception No.'s 518771, 518772, 518773, and recorded February 2, 2006 as Reception No.'s 520463, 520464, 520465, 520466, 520467 and 520468. 29. Declaration of Utility Easements by Fox Crossing Partners LLC recorded September 26, 2007 as Order Numbee 10417 - ~~~~~ AI. I'~ Cummltmem (6/17/U6) - SchalWe B 2 Page 3 or 4 - -title guaranty company .... ~,. Reception No. 542422. ,,., 30. Master Declaration Of Protective Covenants For Fox Crossing Subdivision rewrded January 2, 2008 as Reception No. 545394 and also recorded January 3, 2008 as Reception No. 545472. 31. Condominium Declaration of Fox Crossing L,ot 13 Condominiums recorded 32. All matters shown on the Condominium Map of Fox Crossing Lot 13 Condominiums recorded O~dcr Numbcr; IU}i7 _~~~ ,1LTA Cnmmitmem (6/17/U61 -Schedule B 2 pa¢c q af-0title guaranty company ,,.,~ --. .~w ,~~ DISCLOSURES Order Number: 10447 Note: Pursuant to C.R.S. 10-11-122, notice is hereby eiven thaC A. The subject real property may be located in a spceial taxing district; B. A certilicate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the comity treasroer's nuthotizcd agent; C. Information regarding special districts and the boundaries of such districts may be obtained Irom the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-I, Subparagraph (7) (E) requires that "Every title entity shall he responsible for all matters which appear o1 record prior to the time of recording whenever the title entity conducts the dosin_ and is responsible for recording or filing of legal documents resulting from the transaction which was doacd." Provided tl~a[ StewmY 'title of Colorado, Inc conducts the closing of the insured transaction and is responsible Ibr recording the legal documenu li~om the transaction, exception number 5 will not appear on the Owner's Title Policy and Uie Lenders Title Policy when issued. Note: Affirmative Mechanic's Licn Protection for the Owner may be available (typically by deletion of Exception No. 4 0l Schedule B, Section 2 of the Commiuncnt Irom the Owner's Policy to be issued) upon compliance with the Ii~Ilawing conditions: A. The laud described in Schedule A of this conuninnent must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmcn for proposes 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 unfilled mechanic's trod Materialmen's Liens. D. The Company most receive payment of the appropriate premium. F.. II there has been construction, improvements or major repairs undertaken on the property to he purchased, within six months prior to the Datc of the Commitment, the reyuiremen[s to obtain coverage Ior unrecorded lines will include: disclosure of certain construction information; financial inlormation as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satistaclory to the company; and, any additional requirements as may be necessary triter an examination of the aforesaid inlormation by the Company. No coverage will be given under any circumstances for labor or mata~iul for which the insured has contracted fur or ^grced to pay. Note: Pursuant to C.R.S. 10-I I-123, notice is hereby given: A. Thm there is recorded evidence that a mineral estate has been severed, leased or otlierwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil. gas, other minerals, or geothermal energy in the property; and H. That such mineral estate may include the right to enter and use the property withom the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B. Section 2. NOTHING HEREIN CONTAINED WILL BF. DF,EMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVF, CONDITIONS ARE FULLY SATISFIED. Orclcr Numbee IUJd7 Disdnsve%