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Home My WebLink Aboutcoa.lu.co.322 & 326 w smuggler 0041.2011 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2011.ASLU PARCEL ID NUMBER 2735 12 41 5 002 PROJECTS ADDRESS 322 & 326 W. SMUGGLER ST PLANNER AMY GUTHRIE CASE DESCRIPTION CONDOMINUMINZATION REPRESENTATIVE CHRIS SMUGGLER INVESTMENTS DATE OF FINAL ACTION 6.22.11 CLOSED BY ANGELA SCOREY ON: 06.27.11 0 0 2 12 - 5 CO4I 20(1 -AS S( ®g File Edit Record Navigate Form Reports Format Tab Help 1 Ri Routing Status Fees Fee Summary, Main Actions Attachments Routing history Yakuation ArchjErq CCustom Fields Sub s m IP&c I • # � 11.12011ASLll at WSMUGGLERST o , , ,, 1 • Zp I r.. r 1611 . Permit Informatim Master permit Routng Gee P o : c A� F Z Project Status Approved y Description maoni , i.afo Bak ► FM , Submitted ' I'Chr s 92S-1 KR Clock Days I 231 Expres 5r2612012 • Subrrdtted via • , . Owner Last name SMUGGLER NYESTNENTS ... I Fest name 1 2 WARREN PLACE 6120 S YALE AVE 813 Phone Address TULSA OK 74136 Applicant 5 Owner is applicant? 0 Contractor Is applicant? Last name SMUGGLER INVESTMENTS ••• First name l 2 WARREN PLACE 6120 S YALE AVE '813 Phone Cust # 123078 •„ I Address TULSA OK 74136 1 lender Last name — First name imii Phone O - Address 1 i E nter thepermt lende'slast name or company name AspenGold5 (server) angelas Eck 1 of .4.6 73Sr Vi ZA G ti 6 (I1t THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 1, 2011 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 0041.2011.ASLU E. Cooper. The planner assigned to this case is Amy Guthrie. ❑ 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: 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. Th. 1.: You, v.u...k� Jennifer Phelt, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes NoX, Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No2c Commercial E.P.F. Pa, _.•, � r al:,._.c ., „Flt CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Annilcatlo n Fees CITY OF ASPEN (hereinafter CITY) and SOO -a , INdL>'It&i J1S L.L.C. (hereinafter APPLICANT) AGREE AS FOLLOWS: u6 t. APPL CANT has submitted to CITY an a licntion for 16 I I r" ti At�t " Alu$l Ile oA %b Lph dt N t4 0 mail<'(0 C ,�1 e4 �awm,ke 4 App fyt 1 , / rereinatter,THEPROJECT). I i / 131.DCc LID / f,Li.Iil•�S MI I tC4� .2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land bi b r Use applications and the payment of all processing fees Is n 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 Mil extent of the costs Involved in processing the application. APPLICANT and CITY thriller 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 n monthly basis. APPLICANT agrees additional costs may accrue fullowbng 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to snake legally required findings for project consideration, unless current billings are paid in 1111 prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of Its right to collect fill fees prior to a determination of application completeness, APPLICANT shall pay an Initial deposit in the amount of $ 73 which Is for jr'CQ_ hours of &mmunity Development staff time, and If acluat 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 n rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT Maher agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and In no case will building pernits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT SAto T iMa , ,Ma ns; L, LC,. /.I \I By: 4 Auer Chris Deaden an 4o J'ry 'KW Community Development Director Date: , .s.. - a t Billing Address and Telephone Number; GILD co- \IALC Ave. si-e, -2i3 t'LLsa_, ntc. i 7'i l'S l' 0 0 ASPEN OFFICE GARFIELD & HECHT P C p Victorian Square y r 601 East Hyman Avenue a vt v`h• r MeM Aspen, Colorado 81611 ATTORNEYS AT LAW Telephone (970) 925 -1936 2 3 r,3 1 Facsimile (970) 925 -3008 Since 1975 www.garfieldhecht.com Cj.. r .. •-2.4 .. 'ENT May 27, 2011 Christopher J. LaCroix Aspen Office clacroix@garfieldhecht. com BY HAND Ms. Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION FOR CONDOMINIUMIZATION OF LOTS M, N, AND 0, BLOCK 40, CITY AND TOWNSITE OF ASPEN AND LOTS 10, 11 AND 12, BLOCK 40, HALLAM'S ADDITION TO THE CITY OF ASPEN Dear Jennifer: Smuggler Investments, L.L.C. a Colorado limited liability company ( "Applicant "), respectfully submits this letter as part of its condominium application seeking approval to condominiumize Lots M, N, and 0, Block 40, City and Townsite of Aspen and Lots 10, 11 and 12, Block 40, Hallam's Addition to the City of Aspen (the "Property "). The following information is required by Aspen Land Use Code sections 26.304.030 B., and 26.480.090: • Name of Applicant: Smuggler Investments, L.L.C. a Colorado limited liability company. • Applicant's address: 6120 So. Yale Ave., Ste. 813, Tulsa, OK 74136. Attn: Stan Johnson, Manager. • Applicant's telephone number: (918) 494 -2690. • Name, address and telephone number of representative authorized to act on behalf of Applicant: Chris LaCroix, Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611, tel.: (970) 925 -1936, fax: (970) 925 -3008. • Street address of property: 322 and 326 W. Smuggler, Aspen, Colorado 81611. ®p Aspen • Avon • Basalt • Glenwood Springs • Rifle Printed on recycled paper Q GARFIELD &HECHT, P.C. Ms. Jennifer Phelan May 27, 2011 Page 2 • Legal description of property: Lots M, N, and 0, Block 40, City and Townsite of Aspen and Lots 10, 11 and 12, Block 40, Hallam's Addition to the City of Aspen, County of Pitkin, State of Colorado. • Parcel identification number of Property: 273512415002. Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the West Smuggler Condominiums. Also enclosed herewith please find the following: (i) A check payable to the Aspen/Pitkin Community Development Department in the amount of $735.00 for the Total Deposit for the review of the Application; (ii) Current commitment for title insurance issued by Land Title Guarantee Company showing Applicant as the owner of the Property; (iii) City of Aspen Land Use Application Form; (iv) Agreement for Payment of City of Aspen Development Application Fees; (v) The Pre - Application Conference Summary dated 4.20.11; (vi) Letter signed by Applicant authorizing this firm to submit this Application; and (vii) A draft of the proposed condominium map which includes a vicinity map locating the parcel within the City of Aspen. Thank you in advance for your consideration. Please contact me once you have had a chance to review the enclosed materials. Very truly yours, GA' I' L i & HECHT, P.C. By: Chris o% e J. LaCroix Enclosures Copy to: Stan Johnson (via e-mail) 0 Primed on recycled paper Land Title Guarantee Company Date: 05 -25 -2011 /.and Title Our Order Number: Q62003996 -2 GUARANtEE COMPANY ~ Property Address: 326 WEST SMUGGLER STREET ASPEN, CO 81611 b Buyer /Borrower: Seller /Owner: 3 SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANYSCA - Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Kate Staskauskas *********************************** * * * ***rr * * * ** * * *aatr + * * * * * * * *** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. + +.. + + + «w>s *r + + + + + ++ see.•+++•..•«•a ar• + + + + + « «etts• + + + +•• +s +atrr + ++ Need a map or directions for your upcoming closing? Check out Land Title's web site at www.itgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 (Reissue Rate) Sea Deletion of Standard Exception(s) (Owner) $50.00 Tax Report $25. 00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL 7— «.,.na 06/01 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62003996 -2 Schedule A Cust. Ref.: Property Address: 326 WEST SMUGGLER STREET ASPEN, CO 81611 1. Effective Date: May 17, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: Q62003996 -2 LEGAL DESCRIPTION ******************************** * * * * * * * * * * * * * * *** * *** * * * * * * * * ** NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B -1, HEREIN. LOTS M, N AND 0, BLOCK 40, CITY AND TOWNSITE OF ASPEN AND LOTS 10, 11 AND 12, BLOCK 40, HALLAM'S ADDITION TO THE CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO TO BE KNOWN AS: WEST SMUGGLER CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT BOOK _ AT PAGE _ AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR WEST SMUGGLER CONDOMINIUMS RECORDED UNDER RECEPTION NO. ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. Q62003996 -2 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 the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. AMENDED CONTRACT ASSIGNING fra/MS A COLORADO LIMITED LIABILITY COMPANY AS BUYER. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. A FULL COPY OF THE OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF el, A COLORADO LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38 -30 -172, CRS. NOTE: SAID STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5. RECORD DULY EXECUTED AND ACKNOWLEDGED MAP OF SUBJECT PROPERTY. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND /OR EXCEPTIONS MAY BE NECESSARY. 6. RECORDATION OF THE DECLARATION FOR SUBJECT PROPERTY. ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. Q62003996 -2 Continued: 7. A FULL COPY OF THE OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. y, NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 8. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38 -30 -172, CRS. NOTE: SAID STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 9. RELEASE OF LIEN AS EVIDENCED BY THE STATEMENT OF IN THE AMOUNT OF 10. WARRANTY DEED FROM SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY TOSS, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: AFFIDAVIT /STATEMENT OF AUTHORITY FOR SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY RECORDED MAY 15, 2006 UNDER RECEPTION NO. 529076 DISCLOSES STAN L. JOHNSON AS MEMBER(S) WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY. THE FOLLOWING DELETIONS /MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1 -3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. Q62003996 -2 Continued: AN APPROVED MAP. MATTERS DISCLOSED BY SAID CONDOMINIUM MAP MAY BE ADDED TO SCHEDULE B -2 HEREOF. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY, WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 101111111111111.111101, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS. ITEMS 7A AND 7B ARE HEREBY DELETED. 11. COPIES OF THE FOLLOWING DOCUMENTATION MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY IN ORDER TO DELETE STANDARD EXCEPTION 4: A. FINANCIAL STATEMENTS FROM SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AND THE MEMBERS OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY. B. THE "AS PROPOSED" APPRAISAL. C. THE CONSTRUCTION BUDGET (COST BREAKDOWN). D. EXECUTION OF THIS COMPANY'S INDEMNITY AGREEMENT BY SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AND THE MEMBERS OF SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY AND THE GENERAL CONTRACTOR FOR THE PROJECT. ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. Q62003996 -2 Continued: NOTE: ADDITIONAL REQUIREMENTS MAY BE MADE AFTER RECEIPT AND REVIEW OF THE ABOVE INFORMATION. DELETION OF STANDARD EXCEPTION 4 IS SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF THE POLICY TO BE ISSUED. 12. LAND TITLE GUARANTEE COMPANY REQUIRES A COPY OF THE CERTIFICATE OF OCCUPANCY PRIOR TO CLOSING. ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. Q62003996 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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. 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented ntining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 08, 1888, IN BOOK 55 AT PAGE 2. 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED OCTOBER 14, 1890 IN BOOK 79 AT PAGE 22, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION RECORDED MAY 21, 2008 UNDER RECEPTION NO. 549387. 11. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE CONDOMINIUM MAP OF WEST SMUGGLER CONDOMINIUMS RECORDED IN PLAT BOOK _ AT PAGE . ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. Q62003996 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 12. CONDOMINIUM DECLARATIONS FOR WEST SMUGGLER CONDOMINIUMS, 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. 13. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. � r 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 hsting 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 1, 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 margin 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 margin 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 o 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 Land Title Guarantee Company 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 Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic s and material -men's hens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a), Il is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisf DISCLOSURE 02/2011 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 Guarantee 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 'T DI LO • YPER •N' INFO' •TIINABO TYIUWIT A YONEFIR 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 regarding 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. Form PRIV. FOL. CRT Commitment to Insure yy * * ALTA Commitment - 2006 Rev. 1c * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable 'k consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the * al' 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 Schedule A and B and to the Conditions of this Commitment. This Commitment shag 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 temdnate six months after the Effective Date or when the poicy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such poky or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or Merest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resultig from any act of reliance hereon to the extent the Company is prejudiced by failure to so disdose such knowledge. If the proposed Insured shall disdose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, fen, 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 induded wider 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 apply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquie or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such lability exceed the amount stated in Schedule A for the policy or pobdes committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or pdides committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contact to issue one or more title insurance policies and is not an abstract of title a a report of the condition of tine. 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 arbitration dause. 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 at www.alta.arg. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or daims 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, encroadiments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, bens, encumbrances, adverse daims or other matters, if any, created, first appearing in the Pubbc 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authodzed officers on the date shown in Schedule A to be valid when countersigned by a vabdating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company !1 400 Second olis Av AvenoeSa 1 n I' / Minneapolis, Minnesota 5 55401 ' T hRF� •, '7 I ' # * 4 'm '.. , (612)371 -1111 ,=v *• //''�� # �P - -U # 1) * ' t AMERICAN �It 'K m: LANDTITLI A aired 5g 'tare j * # A ASSOCIATIOS * * a4�, ,, tTp • ANd CC.ORT.06 "" f rcs a ATTACHMENT 2 —LAND USE APPLICATION C:? ; >' ; PROJECT: CO "_' Name: SMJ35kr Wks l•Mes L ` Wes-r S it C�ooMtAl tvrt-S Location: 3224 32.6 W . Srwy5ter kSpeN) (1x13 A 4 0+ 0 £L4 \S `6 wl lob ID,tL r t2 (Indicate street address, lot & block number, legal description where appropriate) }{rl Z s't A Parcel ID #(REQUIRED) 'x1. $ tWAt tS OD a APPLICANT: ` I Name: SMucp1ef AuC / � 1r•l -.C. • Address: & \T t2.O So. ALE P'&c. Ske. S\3, 1ILSA , OK elilla Phone #: c A t i AC k • ; 6 \ 0 _79I3. 6 REPRESENTATIVE: y (1 ` + e l s n /' Name: 1 nCI S Litcr01 c QAr cI Q , I . . , k A- P. c. Address: kb k C . k k.pA -A4` , pee . , (-c c0, ,1 Phone #: goas -1 % TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream K Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1\4tb (Ph\4iAtt-S PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ZAwkt4W\IUM1,7-- Pm()e1 F1 I^'3/4 003 1 Z H v e you attached the following? 4 FEES DUE: $ 7 3 5 Pre - Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form N 10c es ❑ Response to Attachment #4, Sub ittal Requirements- Including ritten Responses to Review Standards NI jr El 3-D Model for large project ti N 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 Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: 4.20.11 PROJECT: 322 W. Smuggler REPRESENTATIVE: Chris LaCroix, Garfield and Hecht, P.C. TYPE OF APPLICATION: Condominiumization. DESCRIPTION: The Applicant would like to condominiumize the property located at 322 W. Smuggler. Currently, the property is close to completing the development of two detached residences on the site. To develop individual ownership interest in each building the property needs to be condominiumized. Below is a link to the Land Use application Form for your convenience: http: / /www.aspenpitkin.com /Portals /O /docs/ City /Comdev/ Apps %20and %20Fees /landuseappform. pdf Below is a link the Land Use Code for your convenience: http: / /www. aspenpitkin. com /Departments /Common ity- Development/Plann inq- and- Zoninu/Title -26- Land -Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at $245 /hour Referral Fees: None Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) 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 necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. r SMUGGLER INVESTMENTS, L.L.C. 6120 So. Yale Ave., Ste. 813 Tulsa, OK 7413' May 26, 2011 Ms. Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Ms. Phelan, On behalf of Smuggler Investments, L.L.C., a Colorado limited liability company ( "Smuggler "), please accept the enclosed Application for Subdivision Exemption for Condominiumization. Smuggler's representative in this matter is our attorney, Christopher LaCroix, Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at (970) 925 -1936 or by email at clacroix®gatfieldhecht,com Sincerely, Smuggler Investments, L.L.C. 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