HomeMy WebLinkAboutcoa.lu.co.411 S Monarch.Dancing Bear.0003.2009..
v.
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
0003.2009.ASLU
2737 182 19 002
411 S MONARCH
DREW ALEXANDER
CONO MAP REVIEW
EBAN CLARK
1 /25/2009
CLOSED BY Angela Scorey on 06/05/2009
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File Edit Record yavigatB Form Reparts Format Tab Hep
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Main Valuation ~ Custam Fields ~!]ctions Feet ~ Parcels ~ Fee Summary ~ ~ i?ermits AUaduna~ts Roylt'srg Status Routnq 4 -
Permk Type aslu . Aspen Land Use Permit Y 0003,2009,ASLU
Address 411 5 MONARCH 5T J AptjSuite
Gty ASPEN State CO g Zip 81611 J
Permit Information. _.... _.
Master Perrcat J Routing Queue aslu07 Applied O1j08~2009 J
Project J Status pending Approved ~J
Description CONDOMINIUMIZATION CONDO MAP REVIEW -DANCING BEAR RESIDENCES Iswed ~ J
Fuial ~J
Submitted EBAN CLARK 925 8700 Clock Running Days r 0 Expires O1j03j2010 J
__ _ __
..Owner _....
Last Name DB HOLDINGS J First Name ~- 620 E HYMAN
Phone (970] 925-6818 ASPEN CO 81611
r Owner Is Applicant?
Applicant .. _. _.._. ._
Last Name DANCING BEAR LAND, LLC ~ First Name r 201 N ML
SUITE 203
Phone (970] 925-8700 Cust # 27038 J ASPEN CO 8161 I
Lender ._._ _..... _ __..
Last Name ~ Fist Name
Phone
'~ AspenGold(bJ-_-i Recwd:lof1-
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PROJECT:
Name:
Location:
APPLICANT:
ATTACHMENT 2 -LAND USE APPLICATION
.. SAN ~ 8 1009
~fY t}F ~,,._
y u S ~~oU ~.nJ, t ~~+s ~ e~.`Z -e.~ Tow~st-Q ~F rks,a,,~ I
(Indicate street address, lot & block number, lee~escriotion where annrooriate) -~
2
Name:. ~~ctal; hear L.~4,-+~xt t..LL
Address: 225 N. M.ll SF. ~ 14s~~ I Ca
Phone #: ~'(~ ~ ZS 68~
REPRESENTATIVE:
Name: ~~~ C(~I~ o ~s~ - ~~ ~e~N ~~ g ~~cu~r-~S
Address: ~I !~, y11t~~ S'~ f-fS(]~~'~
Phone #: ~( ~`O 5 Z~ - g'~jd
FYPE OF APPLICATION: (please check al] that apply):
^ GMQS Exemption
^ GMQS Allotment
^ Special Review
^ ESA - 8040 Greenline, Stream
Mazgin, Hallam Lake Bluff,
Mountain View Plane
^ Commercial Design Review
^ Residential Design Variance
^ Conceptual PUD
^ Final PUD (& PUD Amendment)
^ Subdivision
Subdivision Exemption (includes
condominiumization)
^ Lot Split
^ Lot Line Adjustment
^ Temporary Use
^ Text/Map Amendment
^ Conceptual SPA
^ Final SPA (& SPA
Amendment)
^ Small Lodge Conversion/
Expansion
^ Other:
ExISTING CONDITIONS: (description of existing building`s, use1s, previous approvals, etc.)
-~rP`a„ue s2 ~N~Pi c:.aNS-'~vly'N c.C~r of O:.c~w,cw ~ I~N~ca~.
'ROPOSAL: (description of proposed buildings, uses, modifications etc.)
lave you attached the following? FEES DUE: $ ~'3S
,~,~rre-nppucanon Uonterence summary
~ Httachment #l, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Form
~'fFesponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
^ 3-D Model for large project
All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Forma[) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
~Ec~~~~D
Agreement for Payment of City of Aspen Developeat Application Fees L/ j A'r O 8 ?Opg
Y
(he3 einafr~APPLIheCANT)frAGREE AS FOL~WS~t'~~~6r L~N~ i ~~~ 'OMMUy1r ~EVF ~
1. AP//PLICAnnNT has submittedllto~ CITY an application for
lAN ON h~ U ~N N., ~ Z,4-IY~d~
(hereinafrer, THE PROJECT).
2. 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 no[ possible a[ this time to ascertain [he 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 thereafrer permit additional costs to 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 beneficed by retaining greater cash liquidity
and will make additional payments upon notification by the CITY when they are necessary as costs aze
incurred. CITY agrees it will be benefited through [he 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
[o enable the Planning Commission and/or City Council to make legally required findings for project
consideration, unless current billings aze 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 co 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 for 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 dale. 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 wi[h case processing have been paid.
CITY OF ASPEN APPLICANT
Chris Bendon
Community Development Duector
Date: O£j ~l.Q~ Zcx~9
Billing Address and Telephone Number:
l~vired p.~, gox S~1
asps, cc E~~,~ i
G-~q.925. teSeo
C:\Documents and Settings\johannahr\DesktopU.UFeeAgree.doc
KLEIN, COTE & EDWARDS, LLC
ATTORNEYS AT LAW
HERBERT S. KLEIN hskR~,kcelaw.net 201 NORTH MILL STREET, STE. 203
LANCE R. COTE, PC' Irc(wkcelaw.net ASPEN, COLORADO 81611
JOSEPH E. EDWARDS, III, PC iee~~kcelaw.net TELEPHONE: (970) 925-8700
EBEN P. CLARK epc2ukcelaw.net FACSIMILE: (970) 925-3977
COREY T. ZURBUCH ctznkcelaw.net
MADHU B. KRISHNAMURTI mbk~idkcelaw.nel
DAVID C. UHLIG dcmir)kcelaw.net
MATTHEW M. LOWRY mmllu~kcelaw.net
' also admitted in California
RECEIVED
January 8, 2009 SAN ~ $ 209
;;I l~Y OF raSPEN
City of Aspen Community Development Dept. ~OMMUNITY DEVELOPMENT
c/o Drew Alexander
Planning Technician
130 S. Galena Street, 3rd Floor
Aspen, CO 81611
RE: Condominiumization -Dancing Bear Residences • Aspen 411 S. Monazch Street
Deaz Drew:
This letter is the application and written description ofthe-application submitted on
Januazy 8, 2009 for Dancing Bear Residences • Aspen, 411 S. Monazch Street, Aspen
("Project"). The present request is for Condominiumization and Final Condominium Map
review.
The applicant is Dancing Bear Land, LLC, 225 N. Mill Street, Suite 100, Aspen,
Colorado 81611 ("Applicant"). Our firm, Klein, Cote & Edwazds, LLC, 201 N. Mill Street,
Suite 203, Aspen, Colorado 81611, is authorized to act on Applicant's behalf with regazd to the
Project, and an authorization letter is attached hereto. Please address all correspondence
regazding this application to our firm and to my attention.
The subject property is located at 411 S. Monazch Street, Aspen. The pazcel is identified
as parcel number 273718219002, and the legal description of the property is:
THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT
RECORDED JUNE 8, 2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO.
498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN,
STATE OF COLORADO;
City of Aspen, Planning and Zoning Commission
January 8, 2009
Page 2 of 2
also known as:
Lots P, Q, R and S, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado
("Property").
This firm has certified that Applicant is the owner of the Property and is entitled to
submit this development application. A vicinity map is attached to this letter.
The Planned Unit Development (PUD) for the Project was originally approved by the
Aspen City Council in 2003 in Ordinance No. 29, Series of 2003, and the Dancing Bear Lodge
Final PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County
at Plat Book 69 Page 80, Reception No. 498443.
The present application is for condominiumization and final condominium map review.
Together with this letter you will find:
1. Pre-Application Conference Summazy;
2. Check in the amount of $735.00;
3. Completed Land Use Application;
4. Signed Fee Agreement;
5. Letter Authorizing our representation;
6. Vicinity Map;
7. Title Policy as Proof of Ownership
Two copies of the proposed final condominium map (24" x 36");
All other information requested is set forth in this letter. I will also email you an electronic copy
of the entire application.
As we discussed, closings on the Fractional Interests in the Project aze scheduled to begin
on January 20, 2009. To that end, the developer would like to record the final versions of the
attached map no later than Friday January 16, 2009. If you have comments on the attached
maps, please let me know as soon as you can.
Thank you in advance for your work on this matter.
Sincerely,
KLEIN, COTE & EDWARDS, LLC
By:
Eben . Clazk
cc: DB Capital Holdings, LLC
PLANNER:
PROJECT:
APPLICANT:
REPRESENTATIVE:
TYPE OF APPLICATION:
DESCRIPTION:
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Drew Alexander, 429-2739
DATE: Ol /08/09
Dancing Bear Condominium Plat
Dancing Beaz Land, LLC
Eben Clark
Condominiumization
The prospective Applicant would like to condominiumize the existing structure. As
described by the Applicant's representative, Dancing Bear is a property that contains
multiple residential units; nine (9) fractional and two (2) affordable housing condominium
units. Condominiumization review (which is a form of subdivision) is required in order to
create a condominium form of ownership
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
Review by: -Staff for complete application
- Community Development Director for condominiumization
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies:
Subdivision and associated reviews: 2 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre-application Conference Summary.
7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Proposed condominium plat.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
11. All other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above) as well as the text only
on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk.
Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the Ciry. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
D8 Capital Holdings, LLC
P.O. Box 571
Aspen, CO 81612
970.925.6800
970.925.6819
iean~dancingbeara;per,.com
9/30/200$
Jean Caufter
DB Capita's Holdings, LLC
P.C. Box X71
Asper,, CC $1612
To Whom It May Concern:
~~~~ j~
o~~U~y ~~ ~ ?~~9
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.. Urns!^di:
The purpose of this letter is to inform The City of Aspen, and
all its relevant agencies, that the firm of Klein, Cote &
Edwards, LLC represents Dancing Bear Land, LLC and its parent
company DB Capital Holdings with regard to the properties
located at 411 S. Monarch and 214 E. Durant. All notices and
inquires relating to the current PUD Amendment Application
and any other planning and land use issues should be address
to the attention of Eben P. Clark, Esq. at Klein, Cote &
Edwards.
Please contact me with any questions.
Jean Coulter
Vice President - Frnonce and Operations
DB Capita(Holdings, LLE
Map of 411 S Monarch St, Asp~CO 8 1 61 1-1 848 r.,~ Page I of 1
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Map of 411 S Monarch St, Aspen, CO 81611-1848 Yg.Ht:~O! roe ~~
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When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists,
watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning.
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Land Title Guarantee Company
CUSTOMER DISTRDSUTION
Land Tide
411AAANifL COMPANY
Date: 10-28-2008 Our Order Number: Q62001859
Property Address:
411 S. MONARCH STREET ASPEN, CO 81611
If you have any inquiries or require further assistance, please contact one oflhe nrunbers below:
For Title Assistance:
Aspen Title Dept.
Kurt Beereboom
533 E HOPKINS 8102
ASPEN, CO 81611
Phone: 970-925-1678
Fax: 970-925-6243
EMail: kbeereboom@]tgacom
KLEIN COTE & EDWARDS PC *TMX*
201 N MILL ST
ASPEN, CO 81611
Attn: EBEN CLARK
Phone: 970-925-8700
Fax: 970-925-3977
Copies: 1
EMail: epc@kcelaw.net
Linked Commitment Delivery
SOPRIS ENGINEERING
502 MAIN
CARBONDALE, CO 81623
Attn: MARK BECKLER
Phone: 970-704-0311
Fax: 970-709-0313
EMail: mbeckler@sopriseng.com
Linked Commitment Delivery
.,
,~.
..~
Land Title Guarantee Company
Date: 10-28-2008
[.and Title Our Order Number: Q62001859
4UARANiFE CUMMpNT
Property Address:
411 S. MONARCH STREET ASPEN, CO 81611
BuyerBorrower:
TBD
Seller/Owner:
DANCING BEAR LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY
Need a map or directions for your upcoming closing? Check out Land TiUe's web site at www.ltgc.com
ESTIMATE OF TITLE FEES
ALTA Owners Policy 06-17-06 TBD
Zf Load Title Guarantee Company rill be closing this traaeactioa, abcve fees will be collected at ChaC time.
TOTAL
50.00
m~ cr ua~ os~oa THANK YOU FOR YOUR ORDER!
r ~~~,
. '
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q62001859
Schedule A Cust. Ref.:
Property Address:
411 S. MONARCH STREET ASPEN, CO 81611
1. Effective Date: October 03, 2008 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
9. Title to the estate or interest covered herein is at the effective date hereof vested in:
DANCING BEAR LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8,
2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION N0. 498443.
COUNTY OF PITKIN, STATE OF COLORADO.
.-.
ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. Q62001859
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating [he estate or interest to be insured must be executed and duly filed for record, to-wit
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO.
,-.
ti.,,~
"'1
.~
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q62001859
The policy or poBcies 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 or
inspection of [he Land would disclose and which are no[ 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. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said Land.
8. Liens for unpaid water and sewer chazges, if any.
9. DEED OF TRUST DATED JUNE 15, 2006, FROM DANCING BEAR LAND, LLC, A COLORADO
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE
USE OF WESTLB AG TO SECURE THE SUM OF $53,000,000.00 RECORDED JUNE 15,
2006, UNDER RECEPTION N0. 525311.
10. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED JUNE 15.
2006 UNDER RECEPTION NO. 525312.
I1. DEED OF TRUST DATED SEPTEMBER 22, 2006, FROM DANCING BEAR LAND, LLC, A
COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY
FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $5,000,000.00 RECORDED
OCTOBER 02, 2006, UNDER RECEPTION N0. 529252.
12. FINANC[NG STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED OCTOBER 02,
2006 UNDER RECEPTION NO. 529254.
13. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN
RECORDED DECEMBER 24, 1887 IN BOOK 59 AT PAGE 564 AND JULY 19, 1889 IN
BOOK 59 AT PAGE 571, PROVIDING AS FOLLOWS: THAT NO TTTLE SHALL BE HEREBY
ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID
~~
~~
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q62001859
The poBcy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS.
19. TERMS, CONDITIONS AND PROVISIONS OF MULTIPURPOSE EASEMENT AGREEMENT
ELECTRIC AND COMMUNICATION UTILITIES RECORDED JUNE 15, 1976 IN BOOK 313 AT
PAGE 246.
15. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN IN THE SURVEY
RECORDED JUNE 9, 1997 IN PLAT BOOK 94 AT PAGE 11 AND FINAL PUD PLAN AND
PLAT FOR DANCING BEAR LODGE RECORDED JUNE 8, 2004 UNDER RECEPTION N0.
498943.
16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 29 (SERIES 2003) APPROVING
THE DANCING BEAR LODGE PRESERVATION PUD APPLICATION RECORDED JUNE 08, 2004
AT RECEPTION N0. 498441.
17. TERMS. CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS
AGREEMENT RECORDED JUNE O8, 2004 AT RECEPTION N0. 998442.
18. TERMS. CONDITIONS AND PROVISIONS OF INDEMNIFICATION AND TEMPORARY
EXCAVATION AND SHORING SYSTEM EASEMENT AGREEMENT RECORDED OCTOBER 30, 2006
AT RECEPTION N0. 530999.
19. CONDOMINIUM DECLARATIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS. DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS. EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED ,UNDER RECEPTION NO.
20. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON CONDOMINIUM MAP
FOR DANCING BEAR RESIDENCES RECORDED UNDER RECEPTION N0.
21. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 30,
2006 AT RECEPTION N0. 530449.
~._
~,.
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q62001859
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of [o [he satisfaction of the Company:
22. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE AGREEMENT RECORDED
JUNE I1, 2007 AT RECEPTION N0. 538776.
23. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED AUGUST 28,
2007 AT RECEPTION N0. 541427.
24. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF LOAN AGREEMENT RECORDED
OCTOBER 19, 2007 AT RECEPTION NO. 543334.
25. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED MARCH 24,
2008 AT RECEPTION N0. 547698.
26. TERMS, CONDITIONS AND PROVISIONS OF DEED RESTRICTION AGREEMENTS RECORDED
MAY 12, 2008 AT RECEPTION N0. 599088 AND RECORDED MAY 12, 2008 UNDER
RECEPTION N0. 549089.
27. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#22, SERIES OF 2008 RECORDED
AUGUST Ol, 2008 AT RECEPTION N0. 551560.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 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 may be obtained from the County
Treasurer's authorized agent.
C) The 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: Effective September I, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
mazgin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top mazgin of the document.
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 enfity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured [ransacfion 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 Lenders Policy when issued.
Note: Affirmative mechanic's lien protecilon 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 [his commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against tin-filed
mechanic's and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been constrnction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, [he requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as m the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant [o CRS 10-11-123, notice is hereby given:
This notice applies [o owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the properly; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions aze fully satisfied.
Form DISCLOSURE 09/01/02
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JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION,
LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY
This Statement is provided to you as a customer of Land Title Guazantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web-based transaction management system;
* your transactions with, or from the services being performed by, us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
* We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
* We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regazding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
FOIIR PRIV. POL.ORT
Commitment to Insure
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ALTA Commiticent-2006 Rev.
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OLD REPUBLIC NATIONAL TIRE INSURANCE COMPANY, a Nimesom corporation, IComparlyl fa a w9luade
,~ conUtlemtran, camdts m iswe els pdwy a pohdes of the inuraroe, as identifad in Sdadlle a in lava of the
Proposetl Inwred lamed in Sdiedde A, as owror a mortgagee of the estate avelerest le the land desaihed or
referred m in Sdaduk A, ywn payment of the premkms and charges and compliarce wiN the requ'vmlents; ai
whjec[ m the provisiax of Sdedde A and B and tp the Cal6daa of tds Cannitrnerel.
This Commitrnem shat be effective arty when the identity of the Proposed Inured and tla amount of the policy a pdicies canidtted fa have been ktserted in Schedule A
by the Comparry. All liadaty and odgation under this canmitmant shall cease and [ermirote six manNS otter the Effective Date a whan the poky a pdicles canxnitted far
shall issue, whidaver first occurs, proukled that the faiure to issue such poity a policies is rot the fault of the Comparry.
CONDITIONS AND STIPULATIONS
1. The tam "mortgage", when used herein, shill include deed of trust, [ms[ deed, a orbs securely intmment.
2. If the proposed Inwred has a acquies aaual knowledge of arty defect, lien, eroumhrence, adverse ddm a other matte affecting the estate a nteres[ a mortgage
thereon covered by Nis CammitmeM otlwr than tlwse shown in Sdaduk B hereof, aM shill fail m diwkse such knowledge m Canpairy in writing, the Compairy shall
be rdleved fmm liadity far arty loss a damage rewltng from am/ act of reiance hereon m the extern the Company s prejudiced by failure to w dispose such kwwledge.
If the proposed Inwretl shall dispose such knowledge m Om Company, err if the Camparry othpwiw acgdres acwal knowledge of any wch tlefer4 ien, erlermbmrce,
adverse ddm err orher mattes, Um Comparry or its option may amend Sdaduk B of Nis Commelment acca0ingly, but such amendment shill nol relieve the Company fmm
liability previously halnred purwant to paragraph 3 of these CaMitrms and Stipdatbn.
3. Uadlely of Ne Company aide Nis Cammitrnerel shall be only to the named purposed Inured and wch parties indWetl colder the defxdtran of Inwred in the form of
Polley a polities wmmitted fa and oily for acted bss iraumed in reliance hereon in uMertakhg in good faiN (a) w aanply wiN Ne requiements hereof a (b) m
eliminate exception shown in Schedule B, or (c) N acquire a create the estate a interest or mortgage thereon ceveretl by Uks Comidtrnent. In ro evert shall wch liabiely
exceed the amount sued n $daduk A for the pdicy a polities camidtted fa and such ludlity B subject to Ne inwring prmdsian and the Condelkn and Stipuktkns
and the Excksions from Coverage of the form of polity a pdides cemmelred fa in favor of the proposed Inwred welch are hereby incorporated by refererae and
are made a part of Ws Commitment except as expressly mabfie0 herein.
4. This commitmem is a contrail to iswe one or more title inurence polities and is rot an abstract of title a a report of the cwMelkn of thk. Arty action a actiaa
a rights of actan Nat Ne proposed Inured may have a may bring against the Campairy arisbg out of Ua slaws of Ne title [o the estate or interest
a Ne slams of Ne mortgage Hereon covered by this Commelman[ must be based an and are wbjed m Ne pmvisian of tlks Commitrrxmt.
5. The poky to be issued camain an ardtration pause. All arbhrede matters when Ure Amount of Inwrance is 52,000,000 a less shal he arbiuared a[ the aptran of
dtimr [he Company a the Inwmd as Ne exclusive remedy aF the parties. Yau may review a copy of the arbitratran mks at www.du.ag.
STANDARD EXCEPTIONS
In addelbn to the matters contained n the Conditions art Strpulatraa art Exduslens from Coverage above refemetl m, Ws Commelment is alw wbjecl re the fdlowing:
1. Ri~rs or claims of parties in possession rot shown by the Pudic Records.
2. Easerimms, a claims of easements, rot shown by the Pudic Recerds.
3. Discrepancies, caMlkts in houMary lines, shortage in area, anaoadmanis, and any facts which a caret[ wrvey a inpectian of the Lantl wouk dstioae and whleh are
not slavm by tta Pudk Recerds.
4. Any lien, a right to a liar, fa serukes, lobe a material theretofore a hereafter mmished, ingrosed by law art rat shown by the Pubic Records.
5. Defects, liens, enutmbraroes, atlverse claims err orher ma[rers, H any, created, firs[ appearing in the Pubic Records or attatldg wbsequem m tla effective date hereof but
prior to the date Ne proposed inured acquires of record for value the estate or interest a mortgage therein covered by Nis Commitment.
IN WITNESS WHEREOF, Old Repudic Natrmal Title Insurance Company has caused its cerpaate rome and seal m be offered by its tldy authorized offices on the date
shown in Schedule A to be valitl whan coumersigrad by a vaida6ng officer a other authorised signatory.
OLD REPUBLIC NATIONAL TIRE INSURANCE COMPANY
A Stork Compam/
400 Secend Averwe SaN
Minroapdis, Mimesota 55401
(612(371-1111
arced Sig wre
CC.ORT.O6
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: January 9, 2009
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 0003 2009.ASLU 411 S. Monarch -Condominiumization).
The planner assigned to this case is Drew Alexander.
^ 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
1.
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:
If 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 necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank
fifer Phelan, Deputy Director
City of Aspen, Community Development Department
contents for you application:
C:\Documents and Settings\jennifep\My Documents\organized\G Drive\Templates\Land Use Cases\Completeness
Letter Land Use.doc
CITY OF ASPEN
Permit Receipt
RECEIPT NUMBER 00025013
Account name: 27038
Applicant: DANCING BEAR LAND, LLC
Type: check # 735.00
Permit Number Fee Description
0003.2009.ASLU
Date: 118/2009
Amount
Aspen Land Use App Fees
Total:
735.00
735.00