HomeMy WebLinkAboutLand Use Case.562 Race St.0071.2007.ASLUR
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
CLOSED BY
0071.2007.ASLU
2737 07 392 002
566 RACE ST
JENNIFER PHELAN
SUBDIVISION APP
CHRISTOPHER LACROX
12/21 /2007
Angela Scorey on 07/29/2009
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ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 81611
Telephone (970) 925-1936
Facsimile (970) 9253008
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
AVON OFFICE
0070 Benchmark Road
Post Office Box 5450
Avon, Colorado 81620
Telephone (970) 949-0707
Facsimile (970) 949-1810
GLENWOOD SPRINGS OFFICE
The Denver Cenhc
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (970) 947-1936
Facsimile (970) 947-1937
BY HAND
Ms. Jennifer Phelan
Deputy Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Since 1975
www. garfieldhecht. com
November 30, 2007
BASALT OFFICE
River View Plaza
100 Elk Run Drive, Suilc 220
Basalt, Colorado 8!621
Telephone (970) 927-1936
Facsimile (970) 927-1939
Christopher J. LaCroix
Aspen Office
elaeroix@garfieldhecht.com
RE: Application for Subdivision/Condominiumization of Lot 2 Fox Crossing
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 2,
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.
• Name 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: 566 Race Street, Aspen, Colorado 8161~EA~~~~D
.. _ , ~ .~ 2007
CITY ;)F ASPEN
COMMUNiiY DEVELOPMENT
® Printed on recycled paper
C
GARFIELD &HECHT, P.C.
Ms. Jennifer Phelan
November 30, 2007
Page 2
Legal description of pronertv: Lot 2, 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 Provertv: 273707392002.
Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units
and create the Fox Crossing Lot 2 Condominiums. Also enclosed herewith, are (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~T, P.C.
By:
Christopher J. LaCroix
Enclosures
Copies to: Harris Cahn (via a-mail)
Rick Crandall (via a-mail)
C[TY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Payment of City of /Af~en Development Application Fees
CITY OF ASPEN (hereinafrer•CITY) and ~~ K°SSi4ry Pd~~uS, ~C-
(hereinafrex APPLICANT) AGREE AS FOLLOWS:
co CITY an application fox
~mIZ411 J~1 ~ Lo ~' a ~bX, t/VSSI at SVlOblvl
(hereinafter, THE PROJECT).
Z. APPLICANT understands and agrees that City 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 the full extent of the costs involved in processing the
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 to be billed
to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their
hearings atuUor approvals. APPLICANT agrees he will be beneficed by re[aining greater cash tiquidity
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. C[TY 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 the 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 $'~S4Y which is for _ hours of Community
Development staff time, and if acrual recorded costs exceed the initial deposit, APPLICANT shall pay
additional monthly billings to CITY to reimburse the CITY for the processing of the application
mentioned above, including post approval review a[ a rate of $235.00 per planner lrour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no
case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT f ~^ emu' Qar'ywjt k~'~'
ay: Alpne. C ariw~s,1.~~-. ~+s M''"~
By. Chris Bendon 64~9rf'S q~ ~ I1pNASe!'
Community Development Director Date: Alm '~00~
Billing Address and Telephone Number:
Re u'
601 ~. Hopk,;,S +2a2~ Asge~ fit) Sldli
g7o•92O.ooo-~
C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc
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ALTA Commimient (6/I7/O6)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
steewart
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
comtnits 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 inserted 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 Guazanty 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:
Au~Caw~^\
Stewart Title of Colorado Inc. -Aspen
Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone Number: (970) 925-3577
St@Wa!'t
title guaranty company
~-Senior Chairman of a Board
Chairman of the 6oa~
l~~
President
ALTA Commitment (6/17/06)
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CONDITIONS
L The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired 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 and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies conunitted 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. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. 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.
5. The policy to be issued contains an arbitrations clause. All arbitrable matters when the Amount of
Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules ai<
http: //lulu w. al ta. orQ/>.
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title guaranty company
All notices required [o be given the Company and any statement in writing required to be famished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
...
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: November 21, 2007 at 8:00 a.m.
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's (Extended)
Proposed Insured:
*Fox Crossing Aspen House G, LLC, a Delaware ]imited liability company.
(b) A.L.T.A. Loan
Proposed Insured:
(Extended)
MBank Midwest, NA., its successors and/or assigns.
$3,028,600.00
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:
Fox Crossing Parh~ers, LLC, a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
See "Exhibit A" attached hereto
Purported Address:
0566 Race St.
Aspen, Colorado 81611
STATEMENT OF CHARGES
These chazges aze due and payable
before a Policy can be issued:
SEE STATEMENT OF CHARGES, ATTACHED
HERETO
Order No.: 44699-C4
Amount of Insurance
$3,785,750.00
Ordcr No.: 44699-C4 Stewart
ALTA Commitment (6/1 ~/06) - Schedule A ~titie guaranty tympany
Page I of 3
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EXHIBTT "A"
Uuit A, FOX CROSSING LOT 2 CONDOMINI[JMS, according to the Condominium Map thereof
recorded , 2007 in Plat Book _ at Page _ as Reception No. ,and as deFined and described
in the Condominium Declaration for Fox Crossing Lot 2 Condominiums recorded , 2007 as
Reception No. >
County of Pitkin, State of Colorado
Order No.: 41699-C4 ~~Q~ /~ //~ r~
ALTA Commitment (6/17/06) - Schedule A r~iY VGJ
Page 2 of3 title guaranTy company
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*SuUDivider Rate
Tax Certificate
Form 110.1 (Owners)
Form 100 (Lender)
Form 8.1 (Lender)
Form 110.1 (Lender)
STATEMENT OF CHARGES
$ 20.00
$ 150.00 Owner's Policy $ 3,323.00
Premium
$ 50.00 Lender's Policy $ 100.00
Premium
$ 50.00 Form 115.1 (Lender- $ 601.00
CONDO)
$ 75.00
Note: * Indicates changes from prior Commitment.
Order l`o.: 44699-C4 CT~Wa~
AL"CA Commihnent (6/17/06) - Schedule A VVVV ~«<....VVVV
Paae 3 of3 title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 1
REQUIREMENTS
Order Number: 44699-C4
The following are the requirements to be complied with:
1. 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. Partial Release of Deed of Trust dated June I5, 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.
4. Partial Termination of Financing Statement from Fox Crossing Partners, debtors to Bank Midwest,
N.A. secured party filed June 16, 2006 as Reception No.525330.
5. 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, II, recorded June 23, 2005 as Reception No.511580.
6. 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 June 23, 2005 as Reception No.511581.
7. 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 September 25, 2007 as Reception
No.542384 and rerecorded October 5, 2007 as Reception No. 542700.
8. Partial Ternination of Financing Statement from Fox Crossing Partners, LLC, debtors to Bank
Midwest, N.A., secured party filed October 4, 2007 as Reception No. 542686.
9. Plat of property depicting Unit A, Fox Crossing Lot 2 Condominiums, or other unit.
10. 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).
Order No.: 44699-C4 st@Wart
ALTA Commitment (6/t7/O6) - Schedule B l title guarenty company
Paae l of 3
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11. A. Certificate ofnon-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 Bi1192-1270.
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 Bi1192-1270 may
require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed
information and Forms aze available from Stewart Title.
12. *The following is required with respect to Fox Crossing Aspen House G, LLC, a Delaware 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.
13. #Statement of Authority for Fox Crossing Aspen House G, LLC, a Delaware limited liability
company pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following:
(a) The name of the entity;
(h) The type of entity and the state, country, or other governmental authority under whose laws it
was formed;
(c) A mailing address for the entity; and
(d) The name or positions of the person authorized to execute instruments conveying, encumbering,
or other wise affecting title to real property on behalf of the entity, and any limitations that may
exist upon the authority of the person named.
14. Duly executed Indemnity Agreement by Fox Crossing Partners, LLC, a Colorado limited liability
company indemnifying Stewart Title of Aspen, Inc. against any and all 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).
15. Duly executed affidavit by the chief executive officer or general partner of RJW Builders, Inc
stating that:
1. They are the general contractor for all improvements constructed on the subject property.
Order No.: 14699-C4 f a ~,ewGY t
ALTA Commitment (6117!06) - Schedule B l L-~ti[le guarenty company
Paee 2 of 3
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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.
16. Deed from vested owner, vesting fee simple title in purchaser(s).
17. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure
the loan.
Order No.: 44599-C4 (~t
ALMA Commitment (6/17/06) - Schedule B ! ~ title guaranty company
Page 3 of 3
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
EXCEPTIONS
Order Number: 44699-C4
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:
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. 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 famished, imposed
by law and not shown by the public records.
5. Defects, 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 an all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
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 Patent
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) An Ordinance
Annexing Territory to the City of Aspen as Keferred to and Described in that Petition for
Annexation of Territory to the City of Aspen Certified by the City Clerk on July 28, 1986,
Commonly known as the ""Williams Addition"" as set forth in instrument recorded January 6, 1989
in Book 585 at Page 330 as Reception No. 308587 and as shown on Plat recorded February 6, 1989
in Plat Book 22 at Page 15 as Reception No. 308586.
Order No.: 14699-C4 ~eWart
ALTA Commitment (6/17/06) - Schedule B 2 ~ title guaranty company
Page 1 of 4
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11. Underground Right of Way Easement, fifteen (15) feet in width, granted unto Holy Cross Energy as
set forth in instrument recorded August 17, 1999 as Reception No. 434513.
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 1,050 Squaze
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 Book 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,
I,LC, Lot Split Subdivision Exemption and Condominium Plat recorded January 28, 2003 in Plat
Book 64 at Page 23 as Reception No. 477899.
15. 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. 491104.
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 15 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
Order Na.: 44699-C4 S4Vrr(~ L
ALTA Commitment (6/17106) - Schedule B 2 ~ title guaranty company
Page 2 of 4
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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 No. 15, Series of 2005 as set
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 20, 20005 in Plat Book 74 at Page 17 as Reception No. 511410.
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. 511411.
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. 511425.
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 Portion 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 County,
Colorado as set forth in instrument recorded June 20, 2005 as Reception No. 511408, AND,
Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument recorded June 14,
2006 as Reception No. 525210, AND, Affordable Housing Impact Fee Deferral Agreement, as set
forth in instrument recorded June 14, 2006 as Reception No. 525211, AND, Affordable Housing
Impact Fee Deferral Agreement, as set forth in instrument recorded June 20, 2006 as Reception No.
525489, AND, Affordable Housing Impact Fee Deferral Agreement, as set forth in instrument
recorded June 20, 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 January
11, 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 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. 534232, 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 recorded June 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 2Q, 2005 as Reception No. 511409.
28. Terms, conditions, obligations and provisions of Deed Restrictions by Fox Crossing Partners, LLC,
a Colorado limited liability company for the benefit 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, 5-2104-67 and
Order No.: 44699-C4 ~`~\/~/art
ALTA Commitment (6/17/06) - Schedule B 2 ~J ~.v ~ ~ a~.i
Yage 3 of 4 title guaranTy company
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520468.
29. Declaration of Utility Easements by Fox Crossing Partners LLC recorded September 26, 2007 as
Reception No. 542422.
30. All matters shown on the plat for Unit G Fox Crossing Lot 2 Condominiums recorded
Exceptions 1 and 4 may be deleted from the fmal owner's policy, provided that the seller(s) and
purchaser(s) execute the Company's affidavits, as required herein, and the Company approves such
deletions. Exceptions 2 and 3 may be deleted from the final owner's policy, provided that the
Company receives and approves the herein required survey/ILC. Exception 5 will not appeaz on the
final owner's policy, provided that the Company, or its authorized agent, conducts the closing of the
proposed transaction and is responsible for the recording of the transaction documents.
Order No.: 44699-C4
ALTA Commitment (6/l7/06)-Schedule B 2 S ~rY YQ~~
Page 4 or4 ~Utle guararrty company
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DISCLOSURES
Order Number: 44699-C4
•
Note: Pursuant to C.RS. 10-I1-122, notice is hereby given that:
A. The subject real property maybe located in a special mxing 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 regazding special districts and the boundaries of such districts may be obtained from the boazd of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division of Insurance Regulations 3-5-t, Subparagraph (7) (E) 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 Tile of Colorado Inc. -Aspen Division 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 Schedu]e B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with [he
following conditions:
A. The land described in Schedule A of this commitment must be asingle-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materiahnen 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 unfilled
mechanic's and Materiahnen'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 lines will include: disclosure of certain construction information; fmancial information as to
the seller, dre builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-I1-123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
This nonce applies to owner's policy commitments containing a minernl severance instrument exception, or exceptions,
in Schedule B, Section Z.
NOTHllYG 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. 44(i9YL4
Stewart Title of Colorado lnc. -Aspen Division
Disclosures
.-~.
EXHIBIT 2
Stewart Title of Colorado Inc. -Aspen Division.
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 of Colorado Inc. -Aspen
Division.
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 staffers 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 BYLAW.
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.
Fl'le Number: 44699-C4
Stewart Title of Colorado Ina -Aspen Division
Privacy Policy Notice
Page 1 of 1
rw ,.
EXHIBIT 1
Stewart Title (Uuaranty 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 aze 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 mazketing 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-fmancial companies such as envelope staffers 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 safeguazds that comply with federal regulations to guard your nonpublic personal
information.
File Number: 44699-C4
Stewart Title of Colorado Inc. -Aspen Division
Privacy Policy Notice
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