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HomeMy WebLinkAboutcoa.lu.su.928 W Hallam St.0036.2015.ASLUGATEWAY ASPEN LOT SPLIT A TRACT OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), SECTION S15 °00'23"W 77.42 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 4,401 SQUARE FEET, MORE OR LESS. 12, UTILITY EASEMENT (EXHIBIT B) „ TOWNSHIP �0 n 0 A PARCEL OF LAND FOR THE PURPOSE OFA UTILITY EASEMENT BEING A PORTION OF A PARCEL OF LAND DESCRIBED IN BOOK 385, PAGE 357, RECORDED AT THE PITKIN COUNTY RECORDS SITUATE IN LOT 9, 10 SOUTH, h � COUNTY OF PITMN, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. RANGE DOCUMENT RECORDED AS BOOK 183, PAGE 287ANDASPENHISTORICCOTTAGES RECORDED AS 970„= 05-3711 PLAT BOOK 48, PAGE 43 AT THE PITKIN COUNTY RECORDS. 85 WEST OF THE 6TH P.M, CITY OF ASPEN, PITKIN COUNTY, COLORADO W No. 25947 J \ \ \ \ \ ""!'-s OF'�ryp0� S Soo, 0 --- 94.19, --94.19 • \ 1001p \ \ \ VICINITY MAP SCALE: 1 " = 200' EASEMENT DESCRIPTIONS: DRAINAGE EASEMENT (EXHIBIT A A PARCEL OF LAND FOR THE PURPOSE OFA DRAINAGE EASEMENT BEING A PORTION OFA PARCEL OF LAND DESCRIBED IN BOOK 385, PAGE 357, RECORDED AT THE PITION COUNTY RECORDS SITUATE IN LOT 9, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 385, PAGE 357, THENCE N75°09'11 "W 45.72 FEET TOA POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 82, THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 82 N75°09'11 "W 120.37 FEET, THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NO °00'00"E 70.03 FEET; THENCE S87°23100"E 48.76 FEET; THENCE N39042'00"E 37.65 FEET; THENCE S71 °04'00"E 103.44 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OFASPEN HISTORIC COTTAGES RECORDED AT PLAT BOOK 48, PAGE 43,• 77-MNCE S10°15'00"W 19.22 FEET ALONG SAID WESTERLY BOUNDARY LINE, THENCE DEPARTING SAID No. 5 Rebar WESTERLYBOUNDARYLINE N75000100"W 30.83 FEET; THENCE S15°00'23"W 86.04 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 13,138 SQUARE FEET, MORE OR LESS. EXCEPTING A PORTION OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 385, PAGE 357; THENCE N57°16'12"W 68.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE N74 °57'16"W 53.55 FEET; THENCE N09006'33"E 55.89 FEET, THENCE N39042'00"E 27.60 FEEP, THENCE S71 °04'00"E 4 7.8 7 FEET, THENCE S15 °00'23"W 77.42 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 4,401 SQUARE FEET, MORE OR LESS. o� CA UTILITY EASEMENT (EXHIBIT B) „ DEFINED BY THE CITY OFASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, FIGURE ES -15. �0 n 0 A PARCEL OF LAND FOR THE PURPOSE OFA UTILITY EASEMENT BEING A PORTION OF A PARCEL OF LAND DESCRIBED IN BOOK 385, PAGE 357, RECORDED AT THE PITKIN COUNTY RECORDS SITUATE IN LOT 9, OR SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF ASPEN, h � COUNTY OF PITMN, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. 927 E. TH TREET RIFLE' 0. 89650 BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 385, PAGE 357; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 82 N75°09'11 -Y 70.73 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF;WAYLINE N15°0023"E 16.21 FEET; THENCE S74°57"17"E 20.00 FEET, THENCE S15°00'23"W 6.05 FEET;, S75°00'00 E 32.11 FEET, THENCE N10°15'00"E 76.23 FEET, THENCE N75°00'00"W 25.80 FEET; THENCkN15°00'23"E 21.50 FEET TO THE SOUTHERLYBOUNDARYLINE OF PARCEL 1, HERNDON SUBDIVISION; THENCE S71 °04'00"E 34.32 FEET ALONG SAID SOUTHERLY BOUNDARY LINE TO THE WESTERLY BOUNDARY LINE OF ASPEN HISTORIC COTTAGES RECORDED AT PLAT BOOK 48, PAGE 43; THENCE SI0°15'00"W 55.90 FEET ALONG SAID WESTERLYBOUNDARYLINE TO THE WESTERLY LINE OFA PARCEL OF LAND DESCRIBED IN BOOK 183, PAGE 287; THENCE S15°02'31 "W 41.85 FEET ALONG SAID WESTERLY LINE; THENCE S73 °52'58"E 3.51 FEET ALONG SAID WESTERLY LINE TO THE WESTERLY BOUNDARY LINE OF SAID ASPEN HISTORIC COTTAGES; THENCE SI0°15'00"W 0.33 FEET, THENCE S75°09'11 HE 7.45 FEET ALONG THE SOUTHERLYLINE OF SAID ASPEN HISTORIC COTTAGES; THENCE S07053'1 6"W 7.19 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2,204 SQUARE FEET, MORE OR LESS. PEDESTRIAN & UTILITY EASEMENT (EXHIBIT C) A PARCEL OF LAND FOR THE PURPOSE OFA PEDESTRIAN 8s UTILITY EASEMENT BEING A PORTION OFA PARCEL OF LAND DESCRIBED IN BOOK 385, PAGE 357, RECORDED AT THE PITMN COUNTY RECORDS SITUATE IN LOT 9, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OFASPEN, COUNTY OF PITKIN, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 385, PAGE 357, THENCE N75°09111 "W 50.73 FEET TOA POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 82, THE TRUE POINT OF BEGINNING; THENCE N75°09'11 "W 20.00 FEET ALONG SAID NORTHERLYRIGHT-OF-WAY LINE; THENCE DEPARTING SAID NORTHERLYRIGHT-OF-WAYLINE N15°00'23"E 16.21 FEET, THENCE S74°57'17"E Reber $ CaP 2 0. 00 FEET; THENCE S15°00'23"W 16.14 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND LS No. 2376 CONTAINING 323 SQUARE FEET, MORE OR LESS. �. DRIVEWAY ACCESS EASEMENT (EXHIBIT D) A PARCEL OF LAND FOR THE PURPOSE OF A DRIVEWAY ACCESS EASEMENT BEING A PORTION OFA PARCEL OF LAND DESCRIBED IN BOOK 385, PAGE 357, RECORDED AT THE PITKIN COUNTY RECORDS SITUATE IN LOT 9, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PTTKIN, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: \ M O O n W \ \ Reber & Cap O� \ L8 No. 2376 / �Lp_,�gt� W 4 �t9�b,Sr4�' 10.00' E1e0. 8i Comm. Easement r CD M 00� CD Li .� Ln CD. zl r` Rebar & Cap LS No. 25947 S 87'231001tE 48.76' BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 385, PAGE 357, THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 41.63 FEET, ANARC LENGTH OF 37.69 FEET, CHORD BEARS S68 °24'32"W 36.42 FEET, THENCE S15°00'23"W 46.05 FEET, \ THENCE N74 -59'37-W 5.00 FEET; THENCE N15°00'23"E 70.11 FEET TO THE SOUTHERLY BOUNDARY LINE OF \ \ PARCEL 1, HERNDON SUBDIVISION; THENCE S71 °04'00"E 34.32 FEET ALONG SAID SOUTHERLY BOUNDARY \ LINE TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 799 SQUARE FEET, MORE OR LESS. TITLE CERTIFICATE THE UNDERSIGNED, A DULYAUTHORIZED REPRESENTATIVE OF STEWART TITLE GUARANTY COMPANY, WHICH IS REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTIFY THAT THE OWNERS OF THE PROPERTY HOLD FEE SIMPLE TITLE TO THE PROPERTY. THE LAND IS FREE AND CLEAR OF ALL LIENS, TAXES, AND ENCUMBRANCES, EXCEPT AS SHOWN HEREON. DATED THIS DAY OF A.D. 2015. NOTES BY.' TITLE. ASPEN CITY COUNCIL APPROVAL THIS GATEWAY ASPEN LOT SPLIT WAS APPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THIS 12TH DAY OF JANUARY, 2015, BY ORDINANCE NO. 41, SERIES OF 2014, RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITMN COUNTY IN BOOK AT PAGE AS RECEPTION NO. MAYOR, CITYOFASPEN DATE. _ ATTEST. NOTICE.' ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY AN ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. Plat Hook 11, Page 14 Rebar Ili Cap LS No. 23'76 LEGEND p. No. 5 Rebar 8s Plastic Cap IS No. 38342 Set 0 Found Monument as described �rf�sf�s CITY ENGINEER REVIEW THIS GATEWAYASPEN LOT SPLIT WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OFASPEN THIS DAY OF 2015. CITY ENGINEER CITY OF ASPEN COMMUNITY DEVELOPMENT y DIRECTOR APPROVAL 10 0 e 10 THIS GATEWAYASPEN LOT SPLIT WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS DAY OF 2015. ` 1 inch = 10 ft. U.S. SURVEY FOOT USED COMMUNITY DEVELOPMENT DIRECTOR S o 7� 04,0 0 4oo \ ze Parcel "C" \ Reception No.610646 I Q� LOCA \ \ % 4 Hook 11, Page 14 ' 20.861 Ste\°46P ---------- --- --- ------ S4'3�. \\���I COA GPS MONUMENT Ip SIB. — ---- - --------- - N 89'3305 - +>E 601.84' FIELD TIEN0. 20 ELEV: 7906.41 ------------------- Driveway Access - - - I _ _ _ _ Easement \ \ `84'30'37'E941-94) -__ - 799 sq ft 1 Reber. 25947 Cop \ \ 941.94 V —__ / \ COA GPS _ \ MONUMENT NO. 9 N 00,R=41,63' Ld 0� \ pp" W / L=37,69' LO w C'J M � o � rn � 0 z Drainege EBSC�1CAt 8,737 sq ft X74 7• Lot A 10,076 aq ft t S3' SS\ 2880, CB=S68°24'32" S �S°00 �� C42' 1 30,83, 01 _ I I 1O 3 «� I n- 3 1 O r, , o Aa a I o I v) � I � 1 -- rAh I 04 ,ti A C% 1 Lot B g `� 6,000 eq ft t I e C4 N I o w S' �9 3jg W w 1 e C-)/ 1 o �Io ° 0 1 " I z zl �r I 1 w / e0,00,Qj I a o/ 0 1 M � / � Pedestrian & UtilityEasement o Apparent 0"dep \Ea9\o� past( S 75.09,>>„ 3 l ��s opapb See Plat Book 48, Pap 43 Unknown) \ e Cr £ _ �l E 2 & Hook 183, Page 287 \ PP\Brea 1 /o X211 11 I \ ' \ 6'6.09' 20,00, U \ ty J C\ \ • \ 5,00 2,204 89 *gat OL - 1.) THE PURPOSE OF THIS PLAT IS TO ESTABLISH LOT SPLIT OFA 16,076 SQ. FT. PARCEL INTO A 1 +d G 6,000 SQ. FT. LOT AND A 10,076 SQ. FT. LOT 1 A 2.) ALL INFORMATION FOR THIS SURVEY IS BASED ON TITLE COMMITMENT FILE NO. 01330-43845 (► .(� BY STEWART TITLE GUARANTY COMPANY WITH AN EFFECTIVE DATE OF JULY 2, 2014 AND AN 60? V �,� NO • 8 IMPROVEMENT TOPOGRAPHIC SURVEYBYASPEN SURVEYENGINEERS, INC., DATED 7/2014, JOB Q NO. 10357C, A PARCEL OF LAND DESCRIBED IN BOOK 183, PAGE 287, ASPEN HISTORIC COTTAGES RECORDED AT PLAT BOOK 48, PAGE 43, AND DOCUMENTS OF RECORD AND MONUMENTS FOUND IN PLACE. 3.) NO FIELD SURVEY WAS DONE BY THIS SURVEY OR FIRM. ALL IMPROVEMENTS AND TOPOGRAPHYARE BASED ON SAID SURVEYBYASPEN SURVEYENGINEERS. 4.) THIS PROPERTYIS SITUATED INZONE "X" (AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.MA., FOR PMON COUNTY COLORADO, COMMUNITY --PANEL NUMBER 08097CO204 C, EFFECTIVE DATE: JUNE 4, 1987. 5.) THIS PROPERTY LIES ENTIRELY OUTSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD AREA AS NS URk, DEFINED BY THE CITY OFASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, FIGURE ES -15. �0 n 0 6.) ALL BEARINGS ARE RELATIVE TO A BEARING OF S75°00'00"E ON THE BOUNDARY LINEo BETWEEN PARCEL 1 AND PARCEL 2, HERNDON SUBDIVISION AS SHOWN HEREON. h � 7.) THE EAST BOUNDARY LINE OF THIS PARCEL IS SUBJECT TO CHANGE DUE TO THE STATUS OF OWNERSHIP BEING UNKNOWNAT THIS 77ME. THE BOUNDARYLINE SHOWNIS BASED ONA 927 E. TH TREET RIFLE' 0. 89650 DOCUMENT RECORDED AS BOOK 183, PAGE 287ANDASPENHISTORICCOTTAGES RECORDED AS 970„= 05-3711 PLAT BOOK 48, PAGE 43 AT THE PITKIN COUNTY RECORDS. N 73°5258” W 3.51' S 10°15'00' W 0.33' Rebar 8s LS No. 2: P.O.H. CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL PEOPLE BY THESE PRESENTS THAT GATEWAY ASPEN LLC, BEING THE SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITMN COUNTY, COLORADO DESCRIBED AS FOLLOWS: PARCEL 1: A TRACT OF LAND LOCATED IN THE SW1 /4 (ALSO KNOWN AS LOT 9), SEC77ON 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 67H P.M., PITKIN COUNTY COLORADO, MORE FULLY DESCRIBED AS FOLLOWS. BEGINNING AT THE POINT OF THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AND THE WEST LIMIT LINE OF THE CITY OF ASPEN AS LOCATED BY THE 1959 OFFICIAL SURVEY OF SAID CITY; THENCE NORTH 7 DEGREES 53'16" EAST ALONG SAID WEST LWT LINE, 8 FEET TO A POINT ON THE NORTH LINE OF HA LAM STREET, THENCE NORTH 75 DEGREES 10' WEST ALONG TRE NORTHLINE OF HALLAM STREET, 10.58 FEET; THENCE NORTH 10 DEGREES 15' EAST 95.8 FEET, THENCE NORTH 87 DEGREES 23' WEST 16744 FEET MORE OF LESS TO THE EASTERLY LINE OF AN EXISTING SERVICE ROAD; THENCE SOUTH 1 DEGREE WEST ALONG THE EASTERLY LINE OF SAID ROAD 70.03 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 82, THENCE SOUTH 75 DEGREES 10' EAST ALONG SAID RIGHT OF WAY LINE 166.09 FEET, MORE OF LESS, TO THE POINT OF BEGINNING. PARCEL 2: PARCEL "C , ACCORDING TO THE FIRST AMENDMENT TO THE HERNDON SUBDIVISION RECORDED FEBRUARY 24, 1981 IN BOOK 11 AT PAGE 14. CITY OF ASPEN COUNTY OF PITM STATE OF COLORADO CONTAINING. 16,076 SQ FT +/-, 0.369 ACRES +/- AND THAT SAID OWNERS HAVE BY THESE PRESENT LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS AND BLOCK AS SHOWN HEREON AND DESIGNATE THE SAME AS GATEWAYASPEN LOT SPLIT, A SUBDIVISION IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS: AND DO HEREBY DEDICATE AND SET APART FROMALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF PUBLIC FOREVER: AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY W19CHARE CREATED AS EASEMENTS ON THE ACCOMPANYING PLAT TO THE PUBLIC FOREVER AS EASEMENTS FOR THE PURPOSE SHOWN HEREIN, UNLESS OTHERWISE EXPRESSLY PROVIDED THEREON. AND DO HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS DAY OF A.D. 2015 GATEWAYASPENLLC BY.• MICHAEL H. BROWN, MANAGING MEMBER STATE OF COLORADO ) :ss COUNTY OF PITMN ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D., 2015, BY MICHAEL H. BROWN, MANAGING MEMBER. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. N 75'09'11 "W 7.44' (RECORD N 75°10'00"W 10.58) \ \ \ N 07'53'16"E 7.19' (RECORD 8.0') SURVEYOR'S CERTIFICATE 1, SCOTT R. BLACKARD, DO HEREBY CERTIFY THAT I AMA PROF�LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, AND THAT TfflWS PLAT A TRUE, CORRECTED AND COMPLETE PLAT OF GATEWAY ASPEN LOT SPIT AS LAID OUT,LATTED, EDICATEDAND SHOWNHEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURT*ZY OF PR PERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LO T70�DINSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID PLAT. ' IN WITNESS WHEREOF, I HAVE SET 'TMS DAY OF A.D., 2015. SCOTT R. BLACKARD P.L.S. 38342 PROFESSIONAL LAND SURVEYOR email: sblackardl1@gmaiLoom (SEAL) NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS GATEWAYASPEN LOT SPLIT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF Pn7aN COUNTY, COLORADO, TRIS DAY OF 2015, IN PLAT BOOK ON PAGE AS RECEPTION NO. CLERK AND RECORDER LAND USE APPLICATION 10 April 2015 Location: 928 W. Hallam St. PID: 273512300015 GATEWAYASPEN LOT SPLIT N� A TRACT OF LAND LOCATED IN THE SWI/4 (ALSO KNOWN AS IAT 9). M _ ` SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM., CITY OF ASPEN, PITKIN COUNTY, COLORADO r 91 i HIMP-azo �._Em , � �� �• \ '° t• alln if JIM A IMS J t Y 82 ill An application for document review in connection with a minor subdivision. Represented By: s STAN CLAUSON ASSOCIATES iNc - landscapearchitecture. planning. resort design 412 North Mill Street Aspen. Colorado 8t611 L9701925-2323 1.970/920-1628 info®scaplanning.com w .scaplanning.com TABLE OF CONTENTS ■ Project Overview and Code Response ■ Land Use Application Form (Attachment 2) ■ Dimensional Requirements Form (Attachment 3) ■ Attachment 4 - Vicinity Map and Property Description ■ Attachment 5 - draft Lot Split Plat ■ Attachment 6 - Ordinance Number 41, Series of 2014 ■ Attachment 7 - Proof of Ownership ■ Attachment 8 - Authorization Letter ■ Attachment 9 - Pre -Application Conference Summary 928 W. Hallam Street PID: 273512300015 10 April 2015 PROJECT OVERVIEW Gateway Aspen, LLC (the "Applicant") submits the enclosed Lot Split Plat (the "Approval Document") for review and approval by the City of Aspen. The Approval Document is submitted in connection with Ordinance No. 41, Series of 2014, which granted a minor subdivision of the 16,150 SF property into two parcels: Lot A consisting of 10,076 SF and Lot B containing 6,000 SF. This application for the review of the Approval Document has been completed in conformance with the pre -application conference summary dated 16 March 2015. 928 W. Hallam Street PID: 273512300015 Page 1 10 April 2015 LAND USE CODE SECTION RESPONSES 26.490.030 Procedures and Standards for Review. Upon receipt of a complete draft set of approval documents, the Community Development Director shall refer copies to other appropriate City staff and applicable outside agencies for compliance review. The draft set shall be evaluated to determine whether each document: 1. Accurately describes/depicts an approval granted by the City of Aspen. The Approval Document submitted with this application conforms to the conditions of the minor subdivision granted in connection with Ordinance No. 41, Series of 2014. Specifically, at the time of recordation of the Approval Document a formal access easement will be dedicated over Lot B for the benefit of Lot A and adequate utility easements will be provided for water, electric, and sewer service. 2. Is in an acceptable style and format as prescribed herein and as further defined by the City and review agencies. The Approval Document submitted with this application has been prepared using current standard formatting acceptable by all review agencies. 26.490.040 Approval Documents Content and Form Approval Documents required by this Title shall conform to the following requirements: A. Subdivision Plat. Subdivision plats required by Chapter 26.480 — Subdivision plats, including condominium plats and any change to a platted legal description of a parcel, shall contain the information and be in the format required by Title 29 — Engineering Design Standards, Plats. As defined in 26.480.060, a Lot Split is considered a Minor Subdivision. As such, the Approval Document submitted with this application has been prepared in conformance with all applicable requirements defined in Title 26 — Land Use Code, and Title 29 — Engineering Design Standards, Plats. 26.490.050. Development Agreements. When required pursuant to this Title, the City, and the developer shall enter into an agreement documenting the nature, extent, sequencing, and details of a project, including all conditions placed on the development order; the obligations and responsibilities of all parties including successors and assigns; and the procedures to define and cure default or failure to perform during the execution or operation of the project. The agreement shall be binding upon the parties. Not applicable pursuant to pre -application conference summary dated 16 March 2015. 26.490.080 Deadlines and Extensions Unless an alternate timeframe is specified by this Title or by the approving body, all approval documents, plats, plans, and agreements shall be submitted to the Community Development Department within one hundred eighty (180) days following issuance of a Development Order. The Approval Documents have been submitted within the specified deadline. At this time, it is not anticipated that an extension will be required or requested to extend the deadline for recording of the Approval Documents. 928 W. Hallam Street PID: 273512300015 Page 2 10 April 2015 ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: 928 W. Hallam Lot Split Location: 928 W. Hallam, Aspen, CO (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512300015 APPt.1CANT: Name: Gateway Aspen, LLC Address: 605 W. Main Street, Suite 2 Phone #: 970-930-1754 REPRESENTATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N. Mill Street, Aspen, CO Phone #: 970-925-2323 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 — $040 Greenline, Stream ❑ 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:Review of recorded El Conditional Use documents EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Review and approval of documents to be recorded in connection with Ordinance Number 41, Series of 2014, which granted a Minor Subdivision - Lot Split creating two properties from one 16,150 SF parcel. lave you attached the following? FEES DUE: S 975 ® Pre -Application Conference Summary ® Attachment 41, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response 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 I I" must he 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 3-13 model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Gateway Lot Split - Document Review Applicant: Gateway Aspen, LLC Location: 928 W. Hallam Street, Aspen, CO Zone District: R-6 (Medium Density Residential) Lot Size: Lot A: 10,076 SF; Lot B: 6,000 SF Lot Area: Lot A: 7,100 SF; Lot B: 4,541 SF Access. bldg. height: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas Allowable: within the high water mark, easements, and steep slopes. Please refer to the On -Site parking: definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing. 0 Number of residential units: E,risting: 2 Number of bedrooms: Existing: Proposed % of demolition (Historic properties only): .Proposed. - Proposed: Proposed: V DIMENSIONS: Lot A: 3,776 SF (Duplex) Floor Area: Existing: Allowable: Proposed. Lot B: 2,831 SF Principal bldg. height: Existing: Allowable. Proposed: Access. bldg. height: Existing: Allowable: _proposed. - On -Site parking: Existing: Required: Proposed: %. Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Lot A: 10', Lot B: 10' Rear Setback: Existing: Required.• Proposed. Lot A: 10'or 5', Lot B:10' or 5' Combined F/R: Existing: Required: Proposed: 20' or 15' Side Setback: Existing: Required: Proposed. Lot A: (w) 20', (e) 15' Side Setback: Existing: Required: Proposed: Lot B: (w) 5', (e) 10' Combined Sides: Existing: Required.• Proposed. Lot A: 35', Lot B: 15' Distance Between Existing Required• Proposed. Buildings Existing non -conformities or encroachments: none. Variations requested: none. Vicinity Map 1 _ I I I I 928 W. Hallm Street PID: 273512300015 r Subject Property Attachment 4 Legend r/ Groenline 8010 I,r 100 Year Flood Zone EDStream Margin I _I City of Aspen Addresses ❑ Airport . t /" Major Roads Roads ./ Engio and Garfield CO Roads DEdge of Pavement Aspen �f Edge of Pavement Pitkin Drives Rivers & Streams Subdivisions Structures Condos j Parcels ❑ lakes & Ponds Overlays City of Aspen Zoning A Ali C C•1 CC . CL =:T iI<r L Mu NC netioned tis P PUn FLIM F RAIFA R -0S R•15A R-150 R•3 R-30 R -B RR SCI ® SKI WP 3/3/2015 Parcel Detail Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Man I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2014 Mill Area Number Number Type Levy 001 R005321 273512300015 L STI 33.542 Primary Owner Name and Address GATEWAY ASPEN LLC 605 W MAIN ST #2 ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 4 Lot:.K Unit: PT AND:- Lot: L AND:- Lot: M Section: 12 Township: 10 Range: 85 TRACT OF LAND IN SW4 (ALSO SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & TRACT FORMERLY (KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT Location http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=RO05321 1/3 3/3/2015 Parcel Detail Subdivision: I Land Acres: 110.000 1 Land Sq Ft: 1115,500 1 Section Township II Range 12 10 85 2014 Property Value Summary Actual EAssessed Value Land: F 1,600,000 127,360 Improvements: 71,800 5,720 Total: 1,671,800 133,080 Sale Date: 9/17/2014 Sale Price: JF1,350,000 Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=RO05321 213 Residential Building Occurrence 0 Characteristics FIRST FLOOR: IF864 ENCLOSED PORCH: 104 2ND FLOOR: 384 FINISHED BSMT: IF378 WOOD DECK: IF4,546 Total Heated Area: 1,626 Property Class: DUP/TRIPLEXES - IMPROVEME Actual Year Built: 1956 Effective Year Built: 1956 Bedrooms: 4 Baths: 2 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=RO05321 213 3/3/2015 Parcel Detail Quality of Construction: AVER T 11 Exterior Wall: WD SID AVE Interior Wall: DRYWALL Floor: BASE Heat Type: WL/FLR FRN Heating Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN Super Nbad: CITY OF ASPEN Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=RO05321 3/3 WCUV7YMAP SCALE: 1-=200' EASEMENT DESCRIPTIONS: DRAINAGE EASEMENT IEXiIIBIT A APARCEL OFLANZ) OR THE PURPOSE OFA DRAM OS EASRlMT BEING A PORMON OFA PARCEL OF tANDDESCRtBSOIN1300R385,PAGE357,REODRDEDATMISPfIRA'ODI/MY�SMUATSMN 9, SECIIDX IT TOWXSW 10 SO= RAXOE ES WEST OF TRE 6TNPR1NCZ1ALYER ,, CITY" OFASPEN, COVMYOFPIIXN, SFATE OF COLORADO. SAID PARCEL OFIAND BEMO MORS PARMCOfARLYDPSCRIDFD ASROILOWS WMIIENCD'G ATMISSOVMIPASFCORMOFS1 PARCELDES['> MMI]OOK385,PAGE357,THENCE M5V9'IIW4572 FESTTOAN OXTNEXORIMFRLYRIOH-WAYIINSOFMCNWAYBR• THEME POINf OPBEGINfmlO• MMXCEALONOT1t8NORMIFliLYRIGM-0P-WAYfIffSOPHIGHWAY 82 H75V9'II'W 120.37FBET TNENCS DBPARTMO SAm XORRIPRLYRIfIFIf'-0E-WAYIAB XOt WDO'E70.03PEEP, TNXNCB W7"23DOB4676FFES,THI N39-42WT3165FEE11SBE MC lW00•E10544FE MAMYM O,YTNEWEMFRLYBOUMiRYINIB OFASPENDISTOR1CO01TAGESPSOORDWATP TB0 -PAGE 43,'7NENCE SIh'AR'W19.22FE8W-WW,W WESDOtL SZSDL1RYfIH6, IT[pA'CBDETMP SAF WESTMO.S INDARYLMSX7SOWNT30.83PEEP,8SQ SIS ,M 8604ESI'TOTME PIOlf OF BDOMNMO. S1mPARCPl OPIM'D WMAR01Y0 ]8138 SQf/AR8FB8T, YORE ORLfiS3 COM6Gil/CINOAT7HB�CORXEROFS PARCFJ.DESC2ZUMnl OOR38,%PA03357;7It8NCS X57'I6`t2W6899PESt'7OTXETRUEtVINFOFBEOVQ=) TIIENCSX74-5TI6-W53.55PFSP,I1RNCS X09'06'33'8 SS89 FEEL; TH8NC8 X3942100 8 2 7.60 PPSI; MMtiC8571'04D0B4787FBSP, SHEACB SIStl023 W 7/.42 PEETro7llEPOINfOPBPGMMNO. SAID PARCEL OPIAADWMARm,D 4,401 SQf/e V V PES]', YORE ORfES4 U7Yl1TYEASEMENT IEXHIBFrBI A PARCEL OFIANDFORMISPEBMSS OFA UIRIfYEASa BEINOA PORTx1XOFAPAPCRLOFUHD enMBOOR385,PAOE .R80DROMATTTIXPDI OOUYIYREWRDS3 AMMLOT9 SBCMON I2, roWNSHR'10 SOVIH, RANTIH 85—OPIME6THPRMCR'ALYPRIDIAN, ClfYOFASPBN, COURIYOFPD#N, SIATEOP COLORADO. SAmPARCFL.OF7AND IlERIO MORSPARMLVIARLYDPSCRiBED ASROUOWS BeOMA'MGATTH8SON11PASFOORXPROFS PARCEL^^a'oe+vnMBOOR385PAM357,•TMSXCS AL OXOTNBXORIBPRLYRtO F-WAYI OPMO AYMW5109'II'W7O73FE8'I;11IeRC3 DEPARIMO SAIDNORMISRLYR(QMH-WAYIINBXIS'00438 t611 FPSI; ]iIENCB S]45TI7B20.00 PEST, TNSNC8515'0023W 6.05 FEEL; ]MENCE S/Stl000B8211 P88t; 7TBS'C8NI0'150087623 t1Rt]t OMFfEPNACRBCEMSI,'ONODO•WN UPSMSPSIN, MNISStlS0l3OW'B34.32 ProTFMOSGB SAMN 5L0YVB XY TOTMBYDOENDRYSOPNRROAPCOORUDNEMDR AYTU1.UN Sr BI PAGE `;S'MCESt0.150W559PE8TAON01 WxsBYBOPAPAOFADMRI8%PAM287;dCSISY3lW41.3 PESTALOXG SAm WPSfBRLYlAe;MIBXCe S73'S75883.51FFSEAIDXOEAm5WW033 , WPSISRLYBOVXD4RYZME OF SAID ASPBXHISICRIC COFFAOBSj TIIEXCS SI O']SOOW 033 PB8P rNBNCB S]sV9'IIB745 PHETTO ]NE SOPBEGLYLMGO PARCBNBtSBIRICODITAaG 7HSNC8S0753't6'B'7.19PE81'TOTNStOMl'OPBECd1VNA'O. SAIDPARf-BL OPLIND ODMAMMG 2,204 9QUARB FB87; YOREOR IESY PEDESM4N& UTILITY BASEMENT /EXHIBIT C) APAACSLOFLAMFORTNB�OFAPBDEl7RL1Nb U]UnYEASES2 BPINGAMO ONOPA PARCEL IAHD gmc IN"KSMPAGE357RECtlRDEDATTHEPRMCOUMYRFLDROS SOTIASEMLO, SECROppnmy, SMPI05OLORRANGE 85 WEST OFTHE67HPRMCIPALMERRXAN, CRYO ULARZ,ACOUNIYOFPDKIN, SrA]HOP COLORADO SAmPARCEL OPUND BEINOMORB PARMCU41 HLY � AS FOIlOWS GATEWAY ASPEN LOT SPLIT A TRACT OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., 0. RewbCep CITY OF ASPEN, PITKIN COUNTY, COLORADO f � � IS X9.25947 ` \ 8495 S 7SDO.� EE fAR11yOS 94.19' ` l LEGEND X. a Rehr Attachment 5 CITYENGIIVEERREVMW SIBS OArHWAYASFENU7SPLR WASREVMWEDBYMMCIIYP.NGINFEROF TSIECDYOPASPENTIES DAYOP 2015. CIIYIMOIIIEBR CI7 Y OF ASPEN COMMUNITY DEVELOPMENT Rbu A, _ 2n �� _ •4Y �y p xa 5 Rd—A, Pl k 1-E is DIREC110R APPROVAL 38342 SH w' 10.00' E6- b /Comm. Eieement � � � � ` _ ��16 Y" THIS MWAY"MLOTSPUI'WASPEYIBWBDANDAPPROVEDHYTM O FouTA Movonmf a+enmibed M, Book l 1, Eye 14 �S �31N_DYDEVBCOPdrEATDDlECI'O 15,8 flIYOFASPENTNLS �InPow bap IS Ho. 2376 I inch = 10 TC G -U.S. SURVEYFOOTUSED OOKIRIAtIYDEVECOPAIENFDIRECTOR ry fo3 44. \ E, AIyBy � o/q 8 • f � � I>drewwLemmE� B o \ ! R0 -IW zo C4 ,P FWce3 C 208 ! COMLBNCINGATTNSSWIIIG.STCORNFR OFEkWPARCPL nv_ornIBED MBOOK 385, PADS 35'I,-TTMM N75tl91]'W5073P MAPONIFONTNSNORRIERLYMORrF P-WAYfINSWF HWAY87 TNRTRUS POIM'OP BEOMNIIlO: TNENCEMstl9.1IW20.00 PEEl'Al SAD)NORMffELYRRiM-0P-WAYIM$ �wb� THeAC6 DBPARMNG SAW IIORTIIFRLYRIGHI'OP-WAYIfNB NIStl023B 16.21 FPSI; 7HENC8 874'87178 ��•�„t6 20.00FHEP,TIIeXC 0kREF0T3W1614 PBSPro1HE POMIOFt9ElIMNA'O. SAmPARCBL OPU(m WMA/AIN091i SQUAk8PEE1;YORS OR IBSY � \ DRIVEWAYACCESSEASKAWM/ XFRBITD) APARCMOPIANDFORTHSPURP W WADRM WAYACCBSS �BRIXOAPORDONWA PARCELOPLAND v-SCv MBWKMPAOR357,RNCOROFDA7THRPMNIWUMYRgMW EITMMXLOT9 EBCHOXl%TOWX5 10SOUM RAMS WW OF THE 6TNPRlxClPALMERIDLIN, CM ASMN,Wf/MYOPPIIRN,SFATSOPWLORADOS PARCFLOPIANDBPDIOMOIM PARTTCm YDESC&^+'n ASFOIZOWS BBODMIIOATTHRNORM CORNEROF PARCEL^°a•D3^_:MBOOK385PAGE357;1HENCS \ AWNGTHEARCOFANON-TANOKM'CURYBl*OnMM01 MH GAPAD=W41.63F ,AXARC LENOMOF3769FE.CHORDREAR.SS"V4'32W3642PE8TTrIP MS15W23W4605F , MMNCe M4.59'37W500 FEE1/ TTIENCE NIStl013B70.11 Plixl roTNE SOVfiMNLYBOUXMRYLMEOF PARCELI, HFOWOFBEOMilN0 TM8HC8371WLANDO32FHEEOM SAIDWMMERLOB OR RY LDB ro r11E PORIEOPBEGRtMNO. SAMPARCBLOFLAND WMARmf07995TjUARE PPEf; YORE OR LEST TMLE CER=1CA7E MIE1/lDBRSIGNPi1, ADULY-AVIMOR(IED REPRPSPJiIAnvC ux E�xwAK1']nia uuAKnrt,r wuriurr. WHICNIS REIXSSSRPD roW BUSD'ESSMPDRMCIXIMY, OtlfORADODOESfIFltRBYCERIDYMLATMM OWIIER.SOP ]M& PXCIPPRIYNOLD PEE 5D0'IETTRETJTHEPROPERIY.7MS LAND IS FREBAAD CLEAR OF A[LIIENS TAKES AADIMCUIIBR.4NCFx SXCFPlA3 SHOWNHeRBON. DATED MRS D4YOF AD. 2015 MMNa ASPEN C= COUNCIL APPROVAL TTfI3 M?SWAYASPMLOTSPI2T IPASAPPROYEDBYTIRE CITY OFASPRX CBY COMCO, ON TIES IMH DAY OFJANUMY,2015, BY CRIXNANCE IX 1.41, SERIES OF2014, RDOORDED Brim OFPCSOP TBE CLURKAND RECORDER OPPDRRICOUNIYMBWK—ATPAGx_AS RHC8PXIXNO MAYOR CDYOFASPEN DATE ATTEST 48. F4R1lDIGOt 8,737 eq ft. 74— j7, meiM,Blp14 \ ' �— I 6 /MOMMEN ----34' + Oa0 ELE. 790640 _- - - - - - �= _ _ N 89'---- 601.8,V FIELD TE No. z WS1 Lot A 10,076 eq ft t \'s7.17• 5355 ll9 49• N n/ `astt! S 7510w f /_ ee`a.-;yse 186 0g, Co%o��_,_`\� v O S / DIi— Eese 799 1Y / S 84'30$7"E No. 25 941.94' RewbaP / IB 947 � T ` VONUMENT N0. 9 J o ^rco I or I I 1 M deetl3m & ltl0i/yft L i o APpelent o,=1eP 3 s �s'9o'DD• f Ir = Iav�lmo.ol NOTES L1 rrMP/xrosEOP7lBEPurlsroesraar�srtALorsPr�rarA16,m6sp. Fr. PARreLMroA ''✓.�S'?+'��Gj�,_ 6000 SO FT. LOTAXDA 1Q076 SQ. FT 2,ALLIHtDRNA710HPM7IDSSURVSYISI]ASPD ONTtME COlOOILBMPfS XQ 013304.3895 {VO Ori BYSISWAMTM78IX/ARAMYWMPAMWDXANEFPECfIVEM]HOP JULY2, 2014 ANDAN 60! OG, IIffRDYHAIXM70FtlORAPWCSUItVEYXYASPJMSTMVBYBRfiRiBBR$IXC, I117PD7/2014,.X)X RO,V T XD ]0357G APARCEL OFfAtm L3 o en MBWR18S PAG8187,ASPENtDS1ORIC OOTEAOES RBCORDBD ATPUTBOOR 48, PAGE 43, ANO DOCUYBNIS OFREWRD AND MOAT/118XISFOmmM PUCE R 2580' C. 3ORO PBD SAEWAOWmB0 1 AND FOORAPHYASED SVEPERMEEBM O� ems/ 1 1 I 3 t� I I 5)71RSPROPERIY76SBNDRFLYOVD;mO OFTHE CDYOPASPENMUDPLOWtDVARDAREAAS �1 DEFINEDBY7HE CITYOFASPENYASTHR DRAMAGEPLIN, PROIHCTX(fMBPR 196% MOURSESIS cl Q 7� LOt B � Lot 6'000 egft* I S : BEfABENPARCBLIANDPARCEL2,NERXDr1X SUB73VOOMONTURBOE OX. 1 $ 76)TtlEBASf'BWHII4RYIA'B OFI PAWMMSUBMCr7OCN DUSTO=N A=OF 127 E.OWXERSIR ZCN1 UNKXOWNAT7WSS TMEBOUNfAXYlBR; SNOWNISBA.SPD ONARfFDOCIIMEMREWRDNDASBWRIR?,PA08287A ASFENHLMMCOWTAGESREWRDMM / ��L777 N 59'3,• /� 1, or 1Y / S 84'30$7"E No. 25 941.94' RewbaP / IB 947 � T ` VONUMENT N0. 9 J o ^rco I or I I 1 M deetl3m & ltl0i/yft L i o APpelent o,=1eP 3 s �s'9o'DD• f Ir = Iav�lmo.ol NOTES L1 rrMP/xrosEOP7lBEPurlsroesraar�srtALorsPr�rarA16,m6sp. Fr. PARreLMroA ''✓.�S'?+'��Gj�,_ 6000 SO FT. LOTAXDA 1Q076 SQ. FT 2,ALLIHtDRNA710HPM7IDSSURVSYISI]ASPD ONTtME COlOOILBMPfS XQ 013304.3895 {VO Ori BYSISWAMTM78IX/ARAMYWMPAMWDXANEFPECfIVEM]HOP JULY2, 2014 ANDAN 60! OG, IIffRDYHAIXM70FtlORAPWCSUItVEYXYASPJMSTMVBYBRfiRiBBR$IXC, I117PD7/2014,.X)X RO,V T XD ]0357G APARCEL OFfAtm L3 o en MBWR18S PAG8187,ASPENtDS1ORIC OOTEAOES RBCORDBD ATPUTBOOR 48, PAGE 43, ANO DOCUYBNIS OFREWRD AND MOAT/118XISFOmmM PUCE 3ORO PBD SAEWAOWmB0 1 AND FOORAPHYASED SVEPERMEEBM 4.1 THIS PROPBRIYIS SDVA'Iffi)MPONB x 011t&1EDEIHRYR/FD ro IVS OMSmE SOOYEAR PLOOD PfAMJAS SNOWNOXPLWDMSURM'CS RATS MAPPRPPARBD 19YP_EE1A, FOR Al%M CWMYCOLORAIXI, COIORX1IfY--PANEL NUMBER 08097CO20f O BFPIN;IfV6 MTS: JUNE 4,199]. 5)71RSPROPERIY76SBNDRFLYOVD;mO OFTHE CDYOPASPENMUDPLOWtDVARDAREAAS ROly SURVA•Y DEFINEDBY7HE CITYOFASPENYASTHR DRAMAGEPLIN, PROIHCTX(fMBPR 196% MOURSESIS T-C y�4T,�TRE"A 5)AUHFARMGSAPE RBLlT1VE]OABEVtMOOF S'/STIOGOBONTNEBOUND4NYLI01 BEfABENPARCBLIANDPARCEL2,NERXDr1X SUB73VOOMONTURBOE OX. 76)TtlEBASf'BWHII4RYIA'B OFI PAWMMSUBMCr7OCN DUSTO=N A=OF 127 E.OWXERSIR ZCN1 UNKXOWNAT7WSS TMEBOUNfAXYlBR; SNOWNISBA.SPD ONARfFDOCIIMEMREWRDNDASBWRIR?,PA08287A ASFENHLMMCOWTAGESREWRDMM 93711 PUTBOOK 4E. PAGE 43ATrm P118MODIMIYREWRDS I u Y CERTIFICATE OFDBDICA77ONAM OWNERSHIP RNOW"PHOPIBBYTIISSEPRGSENISTNATGATSWAYASPSNLLg BPal0T1IE�OW.1BRSINFPSIaLffIB OP NLTXATREILPROPHRIYStIVATBDMtYIROtCOLM .COLOPADODSSCR® MFOtZOI PARCEL 1: ATRACTOFLARO LOGITRDMTHB SWI/4(Ai SO RNOWXASl4r9A 58CTR)N1T,Tt1WNSrIW 108010!{RAFOS 85 WESTOFIM6MP.IL,PIIKRICOUMYCYILoRAMMOREF YD ASFOLLOWS REOMNMGATTIffiIONTOPTNEMIERSBCI]ONOFTNBXORINFRLYRIGMOFWAYLGBOF COLORADOWATH HIOIIWAYN0. 82 AND 1HE WESTIILOELAB OFMIHCl1YOPASPENAS LOG4TPD BYTIDS I9590FP1CIAL SVRVBY OPSAID COY,• Mf8IIC8 ADRSHTDEORlBE 53'16'EASTAEOXO SAm WPSTLOOftIN$ BPEMSOA POMTOXMRi HORMLHISOPILVIAM SMR ,, Tt WMNOR7N75DEURP lff WFSr"M7BHNORMILME L U" SIRFET, 10.58 FEE'1`MEENCB NORTH IODEGREES tSEAST958 FE81;TIfFNCE NORTH 87DEGRPPS2SWPST 16]44 PRETMORH OP tESS roTttE BASIERLYIIHE OPANH,lZi;7D:0 S8RWCBROAO; TNSNCH 51TiD711 DBTIREE WESIALONOrIMFASIPRLYIlNEOF SAm ROAD70.03 FEETIR)RE OR LFSSro APMIIONTHE NOR77fERLY R/OIM'W AYIDtE OP COLORADO MA78 HIGHWAY 82,'THENCE SOVIH75DSOFEFS lO1L1S1'ALONO SAm RIOHEOPWAYLNH 16609 FBBf; MORE OP IESS ro MiE PMYfOFBEODNMG. PAR PARCBL'C; AOCOR➢A'OTOlHBFIRSFAMBIIDSBMroTN81DRfIDON SUBDMSIONREOORDFlI FBBRUARY241 IWI MBOOK I I ATPAOE 14. CHYOFASPPN OOI/MYOFPITXIN STATSOFCOI/IRADO WMAMMIX J407650F1'♦/; Q369ACR65% AxD THATSAr, OWNHESHAYBBYMIESB PRESEMLAID OUT, FUTIPOAXDH/BDIVm80 ]TEE 841018 Mro LOTS AND I1L0t.RAS SHOWN ItPR80N AND DESIGNATE l)tE S4MSASGATEWAYASPENII)TSPflI', ASUBD'VLSIOXM TRECIIYOPASPxW, FISXMCOUMY,COLORAli WA IDONBRPEYACCF.PI'TIffi RESPONSPROM FOR 77 CGMPLSISONCFRFQVMxDILQ•ROYElEEN1S ANDDDfx+EFSYDPDIGTHAND SBTAPAMPROYALLOPTNE PIIMICElL1DSAWDOrNERP/BUCBEPROYEBEWIIANDPfACESAS S1foWNoN=ACO0MPAmmo13Arm7BE C OPPI/HILCFOREVPR:ANDWNEREBYDPDICA7ETH038FORMOXSOFEARLREALPROPERIYWMWARE CRFATPDAS PASEAMMSON MIxAWOMPAHYINOFIATTOTME AIBtIC MREYERASEASSYRNTEPOR7lM PI/RSOSB SNOWNNBRSM, UMESS OINPRWISE BXPRESELYPROyMWTfR:RlD0X ANDDOMPEBYGRANI'M ,OPPOSE TALLAXD llA1NTAMNEC855ARYSIRUCIT/RESroTSE6 BNIMYRSSPoXSmISFORPROVIDMO MM SSRWCBS F OR WH1CN TNB E9� W'^'e ARB ESTABUStIBRt H,18C<DBO MDS ILIYCP AD 2015 oATeWAYASPEXU.0 BY LlICIIAELK BROWN, I40AOMO MEIMSR STAIROFOOWRADO u OOrIMT'OPITINXI 1 Mt6P0RW0MOCERBITCATH0FOElEC 7N)XARDOWNSRSHZP WASACXNOWLSDGWBEFVRSM 7WS_D Y 2075, BYWCUTALIL BROWN, MANAWIOAGUMM MYNESSW 0XEAIU)O WH NEss M r xAXD Alm OPP7au sFAL I I N 75'09'11"W 7.44' (RECORD N 75'10'00"W 10.58) Erb � A 23947 - � 158A11 XOT FUBUC N 07.53.16'E 7.19' CLEPX AND RECORDER'S CERTIFICATE (RECORD 8.01) MDSOATHWAYASPBNLOT SPftl'SACCEPIHD PORFOMGM ]HS OFPCE OP SHECIATBOOXREODRDEROP PIIRRI COUNTY, COLORADO, TIDE DAYOP 2015, MPtwrB00%—oX PAOH_ASRDCSPIlONNO SURVEYOR'S CERTIFICATE 1l1� L SCOTER BLAMED. DO HERECERIIPYTHATI BYAMA PROPESY40XAL IAND SIRiVEYOR LCENSPD tRmPRTf1EUWS Oax T80PWLOAAIXI,ANDTMATTBLS PLAT SATRUE, WRRECfEDAIM WMPfEIBPUTOP ASPBNLOT SPl1'ASLAIDOVI', flFD. DEOIGTHDANO SFmWNf1EREOX, THAT SUCNPUT WAS MADE PROMANAOLT!RATS OF PROPERII'BYM$OR U1mERMY SUPERYISIOR AAD CORAECMYSHOW57HE L9G31701/ DI�JENSONS OPTHSLOIS va"'p'^cAND SIRFSlS OP SAID PUT. � �j MWNNESSWIBREOF,IXAVB SETIO�HAp)R`D�ND _ fFOS_INYOP AD,2015 SCOTER. BUCRAWP.LS 38342 PROPESSONAL LUID STIRVBYOR rmo0: eSra taNll�rwSmn CIFRRAMRECORDFR GATEWAY ASPEN LOT SPLIT F"' ATRACT OF LAND LOCATED iN THE SWI/4 (ALSO KNOWN AS LOT 9),SECTION 12, TOWNSE13P 10 SOiTTH, RANGE 85 WEST OF THE 6TH PIC MY OF ASPEN, PnXM COUNTY, COLORADO r --- Attachment 6 i RECEPTION#: 616733, 011 i 09:20:26 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE i Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 41 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2735-123-00-015 WHEREAS, the Community Development Department received an application from Gateway Aspen, LLC, represented by Stan Clauson Associates, requesting approval of a lot split to develop one additional lot; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the. proposal; and, WHEREAS, pursuant to Section 26.480.060, Minor Subdivisions, the City Council may approve a Minor Subdivision, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on December 8, 2014, that was continued to January 12, 2015, the City Council approved Ordinance No. 41, Series of 2014, by a five to zero (5 — 0) vote, approving the Gateway Aspen Lot Split through the Minor Subdivision review process; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby approves the Gateway Aspen Lot Split, creating two lots meeting the underlying Ordinance No 41, Series 2014 Page I of 3 zone district dimensional standards by creating Lot A at .10,076 sq. ft. and Lot B at 6,000 sq. ft. conditioned on the following: 1) A formal access easement shall be dedicated over Lot B for the benefit of Lot A with the recordation of a plat. 2) Adequate Utility Easements shall be provided for water, electric, and sewer service with the recordation of the plat. 3) The existing house on Lot A may be maintained; however, prior to the development of either Lot A or B, it shall be verified that the existing house on Lot A complies with the allowable Floor Area for the lot, shall be made to comply or shall be demolished. 4) It is recognized that the area of unknown ownership comprised of 74 sq. ft. may be added to Lot B if ownership is resolved. Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. No development agreement is required to be recorded in conjunction with the filing of a plat. Section 3: Subdivision No further subdivision may be granted for the newly created lots. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under.or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearin A public hearing on this ordinance shall be held on the 8`h day of December, 2014, continued to the 12 day of January, 2015, at a meeting of the Aspen City.Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No 41, Series 2014 Page 2 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 20' day of November, 2014. Attest: Linda Manning, City Cler FINALLY, adopted, passed and approved this 12`h day of January, 2015. Attest: Linda Manning, City Clerk Approved as to form: im True, City Attorney n Steven adron, Mayor Ordinance No 41, Series 2014 Page 3 of 3 Ad Name: 10726911 A Customer: Aspen (LEGALS) City of . is Your account number: 1013028 PROOF OF PUBLICATION T21 Allis TIM11 STATE OF COLORADO, COUNTY OF PITKIN PUBLIC NOTICE PE: Gateway Aspen Lot Split, Com mcnly known as 928 W. Hallam Street NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 8, 2014, at a meeting to begin at 5:00&m. before the Aspen City Council, in the City Council chambers, City Hall, to consider an application submitted by Stan Clauson Associates on behalf of Gatewayy Aspen, LLC (605 W. Main St, Suite 2, Aspen, CO). The Applicant requests Minor Subdivision approval -via a Lot Split It t0 permit the creation of one additional lot for a total of two lots. The property is legaly de- scribetl as attract of land located in the SW 1/4(al- eo known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County Colorado and more fully described within the application on file with the Community Devel- opment Department and cornmonly known as 928 W. Hallam Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., As - fen CO (970) 920.5090, Jennifer.Phelandeityo. aspen.com S/Steve Skadron, Mayor Aspen City Council I, Jim Morgan, do solemnly swear that I am General S, tryso Aspen J g y Publ(sh in The Aspen Times on November 20, Manager of the ASPEN TIMES WEEKLY, that 2014. (10726911) the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under • Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/20/2014 and that the last publication of said notice was in the issue of said newspaper dated 11/20/2014. In witness whereof, I have here unto set my hand this 11/24/2014. r Jim Morgan, Genera Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 11/24/2014. • Pamela J. Schultz, Notary Public Commission expires: November 1, 2015 �O,p itY PVe` r �O PAMELAJ. s i SCHULTZ h' Cassl'ssiat E1p"ra 1Ig1R015 Stewart title" View your transaction progress 24/7 via Stewart Online Ask us about your login today! Attachment 7 Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 Date: September 16, 2014 File Number: 01330 -43845 -Amendment No. C6 Property: 928 West Hallam Street, Aspen, CO 81611 Please direct all Closing inquiries to: Priscilla Prohl-Cooper Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: pprohl@stewart.com SELLER: Crystal Palace Corporation Delivery Method: Emailed Listing Agent: Aspen Snowmass Sotheby's International Realty 415 East Hyman Avenue Aspen, CO 81611 Contact: Carol Dopkin Phone: (970) 925-6060 Fax: Email: carol.dopkin@sothebysrealty.com Delivery Method: Emailed Lender: Bank of Colorado 655 E Valley Rd Basalt, CO 81621 Attn: Bryan Chochon Phone: (970) 704-1144 Email Address: bryan.chochon@bankofcolorado.com Additional Contact: Phone: Fax: E-mail Address: Additional Contact: Phone: E-mail Address: Delivery Method: Emailed BUYER: Gateway Aspen LLC, a Colorado limited liability company Delivery Method: Emailed Selling Agent: Aspen Snowmass Sotheby's International Realty 415 East Hyman Avenue Aspen, CO 81611 Contact: Lex Tarumianz Phone: (970) 925-6060 Fax: Email: lex@pyramidadvisors.net Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. Stewart title Stewart Title -Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Escrow Number: 01330-43845 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695078 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-43845 Escrow Officer: Priscilla Prohl-Cooper Property Address: 928 West Hallam Street Aspen, CO 81611 Buyer/Borrower: Gateway Aspen LLC, a Colorado limited liability company "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-43845 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been 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 Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 stewart title guaranty company IpIN�WIxIMe, ILE Q& -�^ pPP� '•Iii. '^'•, 1908 A• Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-43845 004 -UN ALTA Commitment (6/17/06) Matt Morris President and CEO Denise C rraux Secretary AMI RICAN [AND 111 ll Al1- CONDITIONS 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 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. 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 the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. 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 arbitration 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 at< httD:1Avwwa1ta.oroh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMI RICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. t Au D 111 t i Alin' rvi"m File No. 01330-43845 004 -UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-43845- Amendment No. C6 1. Effective Date: August 21, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy 2006 (Extended) Proposed Insured: Gateway Aspen LLC, a Colorado limited liability company (b) A.L.T.A. Loan Policy 2006 (Extended) Proposed Insured: Bank of Colorado, its successors and/or assigns Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: $1,350,000.00 $922,311.25 Fee Simple as to Parcel 1 and 2 and an Easement Interest as to Parcel 3 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Crystal Palace Corporation 5. The land referred to in this Commitment is described as follows: Parcel 1: A tract of land located in the SW1 /4 (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County Colorado, more fully described as follows: Beginning at the point of the intersection of the Northerly right of way line of Colorado State Highway No. 82 and the West limit line of the City of Aspen as located by the 1959 official survey of said city; thence North 7 Degrees 53'16" East along said West limit line, 8 feet to a point on the North line of Hallam Street; thence North 75 Degrees 10' West along the North line of Hallam Street, 10.58 feet; thence North 10 Degrees 15' East 95.8 feet; thence North 87 Degrees 23' West 167.44 feet more or less to the Easterly line of an existing service road ; thence South 1 Degree West along the Easterly line of said road 70.03 feet more or less to a point on the Northerly right of way line of Colorado State Highway 82; thence South 75 Degrees 10' East along said right of way line 166.09 feet, more or less, to the point of beginning. Parcel 2: Parcel "C", according to the First Amendment to the Herndon Subdivision recorded February 24, 1981 in Book 11 at Page 14 Parcel 3: Easement according to Driveway Easement Agreement recorded May 29, 2014 as Reception No. 610646. County of Pitkin, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. WI lkK A14 All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-43845 Page 1 of 3 STEWART TITLE Vf— CO STG ALTA Commitment Sch A STO GUARANTY COMPANY Purported Address: 928 West Hallam Street Aspen, CO 81611 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued See Attached Statement of Charges Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ""lr Alt %14 All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-43845 Page 2 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY SCHEDULE A STATEMENT OF CHARGES Basic Rate 2006 Owner's Policy: $2920.00 Owner's Extended Coverage: $65.00 Tax Certificate: $20.00 Additional Chain $150.00 Alta 17.1-06 $292.00 Alta 9.2-06 $292.00 Alta 18-1-06 $85.00 Alta 19-06 $85.00 Alta 25-06 $292.00 Alta 35.3-06 $292.00 2006 Lender Policy $150.00 Alta 8.1 $50.00 100.29 $223.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. .W1_k1l AN All other uses are prohibited. Reprinted under license from the American Land Title Association. ',4`;'Tif;, File No. 01330-43845 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-43845- Amendment No. C6 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. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. ► Execution of Affidavit as to Debts and Liens and leases and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. 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). 7. [Intentionally deleted.] 8. Relating to Crystal Palace Corporation, The Company requires for its review the following: a) A copy of the articles of incorporation and bylaws b) A satisfactory resolution of the Board of Directors authorizing the proposed transaction (Shareholders Resolution where applicable) c) A Good Standing Certificate evidencing that the corporation is in good standing in the state of its incorporation d) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirement or exceptions. lo- Relating to Gateway Aspen LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 10. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMI rig �u Al other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-43845 Pagel of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY �. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I 11. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 24, 1981 in Book 404 at Page 763 and deed recorded March 25, 1980 in Book 385 at Page 357. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. W1 tit AN All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-43845 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment SCh B I GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330 -43845 -Amendment No. C6 Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. lo- Taxes and assessments for the year 2014 and subsequent years, not yet due and payable. 9. 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. 10. Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded January 21, 1888 in Book 59 at Page 306 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. 11. Right of Proprietor recorded December 3, 1892 in Book 55 at Page 35. 12. [Intentionally deleted.] 13. [Intentionally deleted.] 14. Herndon Subdivision Plat recorded August 15, 1980 in Book 10 at Page 31 and First Amendment recorded February 24, 1984 in Book 11 at Page 14. 15. Record Overlap with subject property as shown on the Subdivision Exemption Plat for Aspen Historic Cottages recorded January 27, 1999 in Book 48 at Page 43. 16. Driveway Easement recorded May 29, 2014 as Reception No. 610646. Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this Form is resldcted to ALTA licensees and ALTA members in good standing as of the date of use. 4411 M AN Al other uses are prohibited. Reprinted under license from the American Land Title Association. I"`II fill' File No. 01330-43845 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment SCh B 11 STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 17. 0 -Any and All Leases and Tenancies. NOTE: Will be deleted if Seller provides an affidavit that there are no leases and tenancies affecting property. 18. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated July 2014 by Aspen Survey Engineers, Inc: Any possessory interest claimed due to the fence line location along Eastern boundary and any claim on land shown as'status of ownership unknown' on survey. 10' Electric and Communication Easement along Northern boundary. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. ►Exception 6 is hereby deleted. Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. °, r tit n14 All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-43845 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY DISCLOSURES File No.: 01330-43845 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, 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 Title - Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-43845 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing How do the Stewart Title Companies collect my We collect your personal information, for example, when you transactions, mailing, and auditing services, and responding to court ■ request insurance -related services orders and legal investigations. We also collect your personal information from others, such as the real For our marketing purposes— to offer our products and services to Yes No you. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name, financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you — For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-43845 Page 1 Revised 11-19-2013 An►�av Pte- k,' a - It you weld Infuimslloh about coverage or need amislanco to resotvo comphvnts, please call our Ion free number• 1.600.720.11172 It you matte a claim under your policy, you must &mtah waitron notice In accordance with S•ectlon S of the ContfiUens, \well our world-Wida Web silo at hIIpYAiynv SIPSKLn-cam, ALTAOwnees Policy (W7106) PROFORMA OWNER'S POLICY OF TITLE INSURANCE ISSUF..D BY STPWART TITLE GUARANTY COMPANY Any notice of clalrn and any other notice oretatement in writing required to be given the Company under this Put lcy must ba given to the Company at the address shown in Section 18 of the Conditions. COVERED MKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE. CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the 'Comparly") insures, as of Date of Policy and, to the extent stated In Covered Risks 9 and 10, after Date of Policy, against ioss or dumage, not exceeding the Amount of Insurance, suataipod or incurred by the Insured by reason of: 1. Tills being vested otherthan as staled in Schedule A, 2. Any defect to or lien or e-ocumbrance on the Title. This Covered Risk includes but is not limited to inswanue egainal loss from (a) A defect In the Title caused by (1) forgery, fraud, undue influence, dur6s6, Incompetency, incapacity, or impersonation; (ll) failure of any person or Ently to have authorized a transfer or conveyance; lpir' a dorumentafidcting Tide not properly created, executed, witnessed, sealed, acknowledged, notvri•4ed, or delivered; (iv; failure to perform those acts nemasary to create a document by electronic means authorized by law; (v) a document executed under ei faisN'led, expired, or olhorwise Invalid power of attorney; (vl a d9cument not properly filed, recorded, or indexed In the Public Records including failure to perform those acts by eieclron)c means authorized by law; or (0)adetective )udVoloradministrative p'roceeding, (b) 1110 lien of regi estate taxes or assessments imposed on the Title by a governmental authority duo orpayahle, bill unpaid. (a) Any unufopchmenl, encumbrance, vlohallon, vanalion, or adverse circumstance affecting the 719a that would be disclosed by ar accurata and complete land survey of the Land. The term "oncroachment" Includes encroachments of existing Improvements located on the Land onto adjoining land, and encroschmchta onto the Land ofexisting Improvements located on adjuiring land. 3. UnmarketableTift A. No right ofaccess to and from the Land, 5. The vlolarJon or enfomoment of any law, ordinance, permit, or governmental regulation (Including ('nose relating to building and zoning) restricting, regulating, prohfbiting, or rotating to (a) the occupancy, use, or en)oymant of the Land; (b) the character, dimenslons, or location of any Improvement erected on the Land; (c) tho sUbdivislon of land;.or (d) environmental protection if a notice, desefibing any part of the Land, is recorded In the Public Records setting forth the violation or Intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. (i. An enforcement action based on the axerclse, of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the land, Is recorded in the Public Records, but only to the extent of the enforcement -efen-ed to In that notice. 7. The exerdse of the rights of eminent domain ii a notice of the exercise, describing any part of tits Land, Is recorded in the Public Records. 0- Any taking by a governmental body that has occurred end is binding on the rlghts of a purchaser forvalua without Knowltxtgo. Countersigned by: /�- ;9 huthortzed Countersignature Stewart We 07 Main Street, Suite W201 Edwards, CC 61632 Agent ID, stewarf Me guaranty company Matt Morris President orifi CEO Denise C't7,,ge $90mialy This is a Pro Forma PolloA which provides no Insurance Malaga, fumthed to or on behalf of Ilio pippoead Insured. This pre forma does not raneci the present status or condition of Ulle and is not it commitment to insure the orate or interest or to provide arty afanaative coverage shovel herein. Any commitmem mustbe an expressly written uodeAaldng issued on the app,upriate forms or the Cofnp". Tfds pro Forms policy solely Incilostes the form end content of aha Pop7y VA, ich the Company may Issue if all -necessary dooinionla are NrNahed, all acts ere perfo mod, and all requtremefns set forth In the Mlle cornml,menl covbdnp this property (or Ibal may be required by gndarwdtin0) are mel to the satisra.-tion of the Company. copyright 2006-2009 American Land Tttfe Assoctadop, A)1 rights reserved. IIMe�Y The use of Via I" lara$*Wd hALTAlamaeos end Wokmambers h good standing a7 h No dale oruaa, Am EILIC&N All other use -ars prohioied. Reprillad undarNmnra from ger Areencen Wldlltle AewduieR lAit47i2if x3}VS',H W N File No, ofla ti-g38g5 Pagel of policy Sefiel No.: PROFOR/JIA COWRED RISKS (Continued) Tine bele i vested other then as stated In Schedule A or being detective (a) as a result of the avoidance in whole or in part, or from a court order providing an oltamaflye remedy, of a transfer of all or any part of Uw title to or any interest In the Land occuring prior to the Iraricastlon vesting Trice as shown In Schedule A because that prior inuinfer oonstituted a fraudulent or preferential transfer under federal bankruptcy, state Insolvoncy, at similar creditors` rights laws; or (b) because the Instrument of transfer vesting Tete as shown In SeheclQla A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the fallure of Its recording In the Public Records m to be timely; or 04 to Impart notice of its existence to a purchaser for value or to a Judgment or lien credtor, in. Any defect In or lien or encumbrance on the Title or other mattor Included In Covered Risks 1 ihrough 9 that has been created or attached or has been tiled or recorded In the Public Records subsequent to Date of Policy and prior to the recording of the deed or other Instrument of I arisfar in the Puboc Records that vests Title as shown In ScheduloA, The Company will also pay the costs, attorneys' teas, and expenses Incurred In defense of any matter Insured against by this Policy, but only to the exterd provided In the Conditions. EXCLUSIONS FROM COVERAGE This following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or carriage, costs, attorneys' fees, or expenses ihatar)se by reason of. f. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulallhg, prohibiting, or relating to 09 theoccupancy, use, or enjoyment of the Land; (If) the character, d(mensions, or location of any improvement areoted on the Land; oil) the subdivision offend; or ply) a y1ronmentai protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(o) does not modify or [mit the coverage provided under Covered Risk 6. (b) Any governmental police power. This Exclusion 1(b) does not modify or Jim[ the coverage provided under Covered Risk 6. 2. Rights of eminent domain, This Exclusion does not modify or ilmil the coverage provided under Covered Risk 7 or a. 3, Defects, [ens, encumbrances, adverse claims, ur other matters (s) created, suffored, assumed, or agreed to by the insorod Claimant; (b) not Known to the Company, not recorded lit the Public Records at Data of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Clahrianl prior to the date the insured Claimant oecame an Insured under this policy; (c) resulting fn no loss or damage to Ilia Insured Claimant; (d) attaching Or created subsequent to Date of Policy (However, this does not modify or limit the coverage provided under Covered Risk g and 10); or (a) resulting In loss or damage that would not have been sustained X the Insured Claimant had paid value for the Title, Any olulm, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown In Schedule A, Is (a) a fraudulent conveyance or traudulent transfer or (b) a profaraniial transfer for any reason not stated In Covered Risk 9 of Ihlc policy. Any Igen on the Titie for real estate taxes or esseesrnents Imposed by governmental authority and created or attaching between Data of Policy and the date of recording of the dead or other Instrument of transfer In the Pub)Ir, Records that vests Tmo as shown in Schedule y>, CONDITIONS DMNITION DP TERMS The following terms when used In this policy mean: (a) 'Amount of Insurance': The amount stated In Schedule A. as may be Increased or dsoreased by endorsement to this policy, increased by Section S(b), or decreased by Sections 10 and 11 of those Condiliaris. (b) 'Dole of PDllcy'; The date designated as 'Date of Polioy" In SchadulaA. (c) 'Entity'; A corporation, partnership, trust, incited liability company, or other similar legal entIty, (d) 'Insured', The Insured named In 8oheduleA, (I) the term "insured' also Includes (A) successors to the Title pf uta Insured by operation of law as distinguished from purchase, inciadng heirs, devisees, survivors, personal representatives, or next of klm (D) successors to an Insured by dissolution, merger, consolidation, distribution, orreorganrsatlon; (C) successors to an Insured by Its conversion to another kind of Entity; (4) a grantee of an insured under a dead delivered without payment of actual valuable consideration conveying the Titic (1) It the stack, shares, memherahlps, or other equity Interests o! the grantee are wholly-owned by the ncrnod Insured 2) Ifthe grantee wholly owns the named Insured. 3) if the grantee is wholly-owned by an affiliated F.nkty of the named Insured, provided the afglfated Entity and the named insured Bra both Wholly-owhad by the game person or Entity, or (A) If the grantee is a trustee or beneficiary of a !rust created by a Witten Instrument established by the Insured named In Schedule A for esialq planning purposes, (l) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had agalnst any predecessor Insured. (e) 'Insured Ciatmant'r An Insured claiming lust or damage, (t) "Knowledge" or 'Known': Aotuai knovvledgo, not constructive knowledge or notice that may be imputed to an Insured by reason or the Pub[c Records or any other Iucords that impart constructivo nntloe of matters affecting the Title, (g) "Land': The land described In Schedule A, arxi Bffsnad improvements that by law constitute real property, The term "Land' does not Include any property beyond the lines of the area described In Schedule A, nor any right, title, Interest, estate, or oasoment In abutting streets, roads, avenues, alleys, lanes, ways, or we(envaya, but this does not modify or limit the extent that a right of access to and from the Land is Insured by this po !icy. (h) "Mutlgsge': Mortgage, deed of must, Imst deed, or other security Instrument. Including one avdenced by electronic means authorized by law. (I) "Public Records'° Records established under state statutes a: Date of Policy for the purpose of Imparting constructive notice of matters retailing to real properly to purchasers for value and without Knowledge, Wlh respect to Covered Risk e(d), "Public Records" shall also include environmental protection gens toed in the records of the Berk of the Ilnited States District Court forthe dis(dclwhere, the land is bcaled, Q) 'Tule": The estate orinterest described In Schedule& (k) "Unmarketable TTile": Title affected by an alleged or apparent manor thatwould permit a prospective porch aser or )essee Dt ilia Title or lender on the Title to be roloasad from the obligation to purchase, lease, or land If There is a centiactual condition requiring the delivery of marketable dtte. copyright 2900-20as American lend TlaeAsaociaron. All rights reserved. Ysrr� The time of this form h reslndad Io ALTA lte.n.e.t and Al:rhmaftiWs h good .t.ndrng asel Ina dam" of "a., Abt6RICAN Aloewrueaoar.PrOWtOck Rapdmad tire.rewnea Trani eco Amarfc.n L.nd Tittle Aaaod.ibn i�+un TrTir File No, 0133043846 Page 2 of Policy Serial No.: PROPORMA CONDITIONS (Continued) 2. COffrINUAIIUN OF INSURANCE The coverage of this policy shah continue In force as of nate of Policy In favor or an Insurad, but only so long as the insured reams an estate or interest in the Land, or holds an obligation seoofed by a purchase money Morigago given by u purchaser from the insured, or only so long as the Insured shall have liability by reason of warranties in any trarnsfar or conveyance of Ute Title. This pollcy shall nut conulrue Ili force in favor of any purchaser from the Insured of either (i) an oblate or Interest In the Laird, or (It) an obligation secured by a purchase money Mortgage given to the Insured. 3, NOTICE OF CLAIM TO 13E GIVEN BY INSURED CLAIMANT The Insured shall rectify the Company promptly In writing (f) In case of any litigation as set forth In $action 5(a) of these Conditlahs, (I) In case Knowledge shall coma to an Insured hereunder of any ciarm of We or interest that Is adverse to !hu Title, as Insured, and that might cause loss or damage far which the Company may be liable by Nrtue of Iris policy, or (gQ if the Tile, as insured, Is rejected as Unmarketable Tille. U the Company is prejudiced by the failure of the Insured Claimant to provide prompt force, the Company's ihrbINly to the Insured Claimant under Ino policy shall be reduced to the extant of the prejudice. 4. PROOF of LOSS In fha event We Company Is unable to dolormine the amount of loss or damage, the Company may, at Its option, require as a conditlon of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must desuribe the defect, lien, encumbrance, or other maltar insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possbie, the basis of calculalipg the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of thasa Cnndhlons, the Curnpany, at Its own cost and wlthou! unreasonable delay, shall provide for the defense of an htsured in litigation In which any third party aseeds a claim covered by this policy adverse to the Insuivd. This obligation Is limlted to only those staled causes of action alleging matters insured against by this policy, The Company shall have the right to selact counsel of its choke (subject to the right of Iia Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and Will not pay the fees of any other counsel The Company will not Pay any fees, costs, or exponsos bicurred by the Insured in Ute defense of those causes of aeUon that allege matters hot Insured against by this policy. (b) The Company shag have the right. In eddl!lon to the options contained In Section 7 of these Conditions, at Its own cost, to Inslhula and prosecute any action or proceechug or to do any other act Llai In Its opinion may be necessary or desirable to establish the Title, as Insured, or to prevent or reduce toss or damage to the Insured, The Company may tako any appropriate action under the terms or This poky, whether or not It shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If this Company exereses Us rights Under this subsection, it must do so dalgerdly. (c) Wneneve: the Company brings an action or asserts a derenre as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and It expressly reserves the right, in its sole dlacretlon, to appeal any adverse judgment or order, G. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In al cases where this policy penntis or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide dofense In the action or proceeding, including the right to use, at its optlen, tiro name of the Insured for this purpose, Whancvor recfiesled by the Company, the Insured, atthe Company's expense, shall give the Company all reasonable aid (I) in secrslhg evidence, obtaining vviLZesses, prosecuting or defending the action or proceeding, or effecting sodlemant, and (d) In any other lawful act that In the opinion of the Company may be necessary or doeirnbb to establish the Title or arty other matter as Insured. If the Cornpany Is prejudiced by the failure of the Insured to furnish the required cooparafion, the Company's obrigaUvns to the Insured under the policy shall terminale, Including any liabu!ly or obligation to dotard, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may rwasonably requlre the Insured Claimant to subntil to examination under oalh by any authorized representative of the Company and to produce for examination, Inspe0lon, and copying, at such reasonable tfines and places as may be designated by the authorized representative or the Company, all records, In whatever nrediLm maintained, Including looks, ledgers, checks, memoranda, correspondence, reports, ii -malls, dl*% tapes, and videos whether bearing a date before or after Date of Poky, that roasonabty pertain to the lees or damage. Further, If requested by shy authorized representative of the Company, the insured Claimant shall grant its perrnlsslort, in writing, for any authorized representative of the Company to examine, Inspect, and ropy all of these r=ordo In the custody or conhol of a third party that reasonably pertain to file loss or damage. All Informutioa designated as confidential by the Insured Claimant provided to lino Company pursuant to this Secilon shall cot be disclosed to others unless, In the reasonable judgment or the Company, it is necessary In the administration of the claim. Failure of the Insured Claimant to subn>h for exornlnallon under oaun, produce any reasonably requested Information, or giant perrnissiort to secure reasonably necessary Informallvr, from third parties as raqulied ih this subsection, unless pnohiblt tU by low or governmental regulation, shell terminale eny lability of the Company under this polloy as to that clalm. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In rase of a claim under this poky, the Company shall have the following additional options: (a) To Pay or Tender Payment or the Amount of Insurance. To pay or tender payment of the Amount of insurance under this pony together with any costs, attorneys' fees, and expenses Incurred by the Insured Claimant that were authorized by Ina Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all Ilabrity and obligations of the Company to the insured under this policy, other that to make the payment required in this subsection, shall terminals, Including any Ilabfljty or obligation to defend, proaecule, or continue any lillgauon. (b) To Pay or Othervlise Sent-- Wdh Parries other Than the Insured cr With the insured Claimant. (i) to pay or otharwtso settle wfth other parties for or in the name of an insured Claimant any Win Imurod against under this policy, In nddi!lon, the Company will pay any costs, attorneys' fees, end expenses Incurred by the insured Claimant that were authorized by the Company Up to the Iline of payment and that the Company is obligated to pay; or (II) to pay or otherwise settle with the insured-Iafmant the loss or damage provided for under this policy, together With any costs, attorneys' fees, and expenses Incurred by the Inwfed Clalmanl Viet were ou!horized by Ins Company up to the time of payment and that the Company Is obllgeted to pay. Upon the exercise by the Company of efUler of the options provided for in subsectiono (b)(1) or (fi), the Gorriparys otellgaeoru to the Insured under this policy for the claimed loss or damage, othor than the payments required to be made, shall lartnlW% including any IlablAty or obligation to defend, prosecute, or continue any litigation. Copyright 2000.2009 Anreiluan Land idle Assoclatlon. All rights reserved, f Inn ucn of rhe Fonn 4a restricted to ALTA I -neem and ALTAmwhims Bin good swilbp as or u,e dote oru ie. AA 6,�t,Etrl CM As outer Uses are PronNInd,Paednled under lkAns. frmn rhe Amedcari Land TlOn gssodatu,r t�f,Nn 71^rr Flue No. 01330-83845 .�.arici+t tor, Page 3 of Policy Serial No.: PROFORMA �' CONDITIONS (Continued) It. DVrERMINATION AND EXTENT OF LIABILITY This policy Is a contract of Indemnity against actual monetary Mss or damage sustained or incurred by the Insured Claimant who has sulfated JOSS or damage by reason of matters Insured against by this Polley, (a) The extent of liability of the Company for Mss or damage under Utls policy shall not exceed Me lesser of () thitAmount of Insurance; or 4� the difference between the value of the Time as irmuied and the value of the 111le subject to the risk insured against by this policy, (b) If the Company pursues its rlg%- under Section 5 of these CDndlbons and Is unsuccessful In establishing the Title, as insured, Q) theArmotmt of Insurance sham be Increased by 10%, and VQ the Insured Claimant shall have the right to hove the loss of damage. determined either as of the dale the claim was made by the Insured Clalmant or as of the date h is souled and paid. (c) in addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and oxpenses incurred In accordance with Sections 5 and 7 of these Condmoms. 9. LIMITATION OF LIABILITY (a) if the Company establishes the Title, or reinuves the alleged detect, Ben, or encumbrance, or cures the heck of a right of access to or from the Land, or cures the Clain of Unmithietable Time, all as Insured, In a reasonably diligent manner by any method, including tiligation and the completion 0 tiny appeals, It shall have fumy performed Its obligations with respect to that matter and shall not be Pablo for arty loss or damage caused to the insured. (b) In the event of any libation, Including litigation by the Company or with the Companyz consonl, the Company shall have no liability for loss or damage until there has been a final datorminaWrit by a court of oompetent jurisdiction, and disposition of all appeals, adverse to the TNe, as fnsured. (o) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or cult wtthout the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REbUCTiON OR TERMINATION OF LIABILITY All payments under this Polley, except payments made for costs, atlomays' fees, and expenses, spall reduce the Amount of Insurance by the amount of the payment. If. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage lip which exception Is taken In Schedule B or to which the Insured has agreed, assumed, or Laken subject, or whILh is oXoarted by on Insured after Date of Policy and which Is a charge or Den on the Title, and the amount so paid shall be deemed a payment to the Insured under this Policy. 12. PAYMENT OF LOSS Whin liability and the extent of loss or damage have been definitely fixed let acoordance with Giese Conditions, the payment shall be made wlOrIn so days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenevor the Company shaft have settled and pald a claim under this Polley, It shod be aubrogaled and arditied to the fronts of the Insured W*04111 In the This and all after rights and remedies In respect to the dahothat the Insatad Clsr(mant has against arty peroen or property, to The extent of the amount of arty toss, caste, attorneys' fees, and expehses paid by the Company. A roquested by Me Company, the Insured Claimant shell execute dowmenls to Witisnca the transfer to the Company of these rights and remedies, The Insured Cfalmahl Shap permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the ramp of the Insured Claimant In arty transaction or litigation involving these rights And remedies. It a payment on account of a delm does not hay cover the JOSS of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claknant shall have recovered its loss, (b) The Company's right of subrp cation includes the rights of the insured to indemnities, guaranties, other policies of insurance, or bonds, notwllitstandktg any tens or conditions contained In those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the Jahn or controversy shall be submitted to arbitralloe pursuant to the TFJe his 0runes Arbiltallon Rules of the American Land Tile Assoclalion VRuleaj, Except as provided In the Rules, there shat be no Joinder or consoAdallon wXh clalfm or crmtroversles of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with Its Issuance or the breach of a policy provision, or to any other controversy or ctahn arising out of the iramadlan giving rise to this policy. All arblrnale masers when the Amount of Insurance lis $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. Alt arbitrable matters when the Amount of Insurance is in excoss of 12,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arteltration pursuant to this policy and under the Rules shall be binding upon the paries. Judgment upon the award rendered by tireArbilroloi(s) may be entered In any court of competent jurisdid(ort 0, LIABILITY LIMI'TED'r0 THIS POLICY; POLICY ENTIRE CONTRACT (a) This Polley together with alt endorsements, If any, attached to It by the Company Is the entire policy and contrad between the insured and the Company. In fnterprehhg any provision or this policy, this polloy shall be construed as awhote. (b) Any claim of loss or damage Met artsas out of the status of the Tolle or by any action asserting such claim shall be restricted to MIs policy. (c) Any amendment of or undorsement to this policy must be In writing and aulhentl4ated by an authorized person, or expressly Incorporated by Schedule A of this policy, (d) Each endorsement to this polloy Issued at any Ilme Is made e part of this policy and is suNecl to all of its terms and provisions, Except as the endorsement expresso states, it does not (i) modify arty of the terms and provisions of the poky, (I) modify any prior endorsement, (iii) extend the Date of Policy, ur QV) kttreose the Amount of insurance, 16. SEVERABILITY In the event any provision of this policy, in whole or in part, Is held invalid or unenforceabia under applicable law, the policy shall be deemed not to Include that provision or such pall held to be Invalid, but oil other provizloris shall remaln Ili full force and effect 17. CHOICE OF LAW; FORUM (a) Choice of Law; The insured acknowledges the Company has underwiften the risks covered by this policy and determined the promlum uhurged therefor In reliance upon the law affectktg interests in real property and applicable to the Interpretation, dghts, remadles, or enforcement of pollolne of title Insurance of dte)uriseiclion where the land Is located. Therefore, the court or an arbitrator shall appy the lew of the jurisdiction whore the Land is located to datermine.the validity of claims against the Title that are adverse to the Insured and to Interpret and enforce the terms of this policy in nehher case shall the court or arbitrator apply Its conflicts of low principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be flied only In 9 state or fadaral court wimnln the United Stales of America or Its territories having appwipria(e jurisdiction, 18, NOTICES, WHFRE8ENT Any notice of claim and any other notes or statement to wrltlng required to be glven to the Company under this policy must be given to the Company a1 Claims Department at P.O. Box 2029, Houston, TK 77252.2029. Cupyright 20002009 American Lsnd Title Association. All rights fesarved. >� Pit use of adr Form Is r" Mdod a, M.TA I-1— end ALTAmemb— H n of IM dare of we. ANCRte�� Ap o9ver urea sre prol,p,iWd Reprinted ruder llcento tram lit Amedcen land Ttue AsemdsllLpNTi�7rirr File No. 0193043845 {ssirl{irav Page 4 of Polley Soda[ Na; PROFORMA ALTA OWNER'S POLICY (6117106) PROFORMA This Is a Pro Forma Policy, which providas no Insurance coverage, fumished to or on behalf of the proposed Insured. Thia pro forma does not reflect the present status or condition of title and Is not a commitment to Insure the estate or Interest or to provide any aftmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Company. This Pro Forma Policy solely Indicates the form and content of the Polley which the Company may issue If all necessary documents are furnished, all acts are parformad, and all requirements set forth in the title commitment covering this property (or that may be required by underwri0ng) are met to the satisfaction of the company, Name and Address of Title Insurance Company; File No.. 0133"3845 SCHEDULE A StewartTitie Guaranty Company P.O. Box 2029, Houston, TX 77252 *Address Reference: 928 West Hallam Street, Aspen, CO 81611 (For Company Reference Purposes Only) Amount of Insurance: $1,350,000.00 Date of Policy: "date and time of recording of deed" 1. Name of Insured: Gateway Aspen LLC, a Colorado limited IlaUlity company 2. The estate or interest in the Land that is Insured by this policy Is; Fee Simple as to Parcel 1 and 2 and an Easement Interest as to Parcel 3 3. 'Wile is vested in: GatowayAspen LLC, a Colorado limited liability company 4. The Land referred to in this policy Is described as follows; Parcel 1: Policy No.: PROFORMA Premium: $2,920.00 Ah -act of land located In the SW1/4 (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the 5th P.M., Pitkin County Colorado, more fully described as follows: Beginning at the point of the Intersection of the Northerly right of way line of Colorado State Highway No. 82 and the West limit line of the City of Aspen as located by the 1959 official survey of said city; .thence North 7 Degrees 5316" East along said West limit line, 8 feet to a point on the North line of Hallam Street; thence North 76 Degrees 10' West along the North line of Hallam Street, 10.58 feet; thence North 10 Degrees 15' East 95.8 feet thence North 87 Degrees 23' West 167.44 feet more or less to the Easterly line of an existing service road : thence South 1 Degree West along the Easterly line of said road 70.03 feet more or less to a point on the Northerly tight of way line of Colorado State Highway 82; thence South 75 Degrees 10' East along said right of way line 166.09 feet, more or less, to the point of beginning. Parcel 2: Parcel "C", according to the First Amendment to the I-lemdon Subdivision recorded February 24, 1981 In Hook 11 at Page 14. ' Parcel 3: Easement according to Driveway Easement Agreement recorded May 29, 2014 as Reception No. 610646. coppipht 2006-2009 Aralarican Lmd 711teAssuctaaon. Aa rights resolved, yihir�i The we or elle Form Is r Wctcd to ALTAlnnseoeend ALYAroanWa In good elanding as ofthe data cruse. ",kr Alotherueeaarepro.Otdred. Rpdnted under rkanie from ex American Lend TlkAsa Won. ,,... ,,,, File No. e1330-43846 Pago 7 of 2 ST-EWARTTrfLE CO 3T0 ALTAOwnees Polley Sch A PROFORMA GUARANTY COMPANY ALTA OWNER'S POLICY (SM/06) PROFORMA County of Pitkin, State of Colorado wpyngnr.aaaY-zpoa ATartcen LaIld IWO Aasoclatlon. All righty r—rved. "- "-------- wMiAl" Douse or thic Fomi Is fesuiated q ALTAllcooaom end ALTA mambas 10 aoad Alanding en d qre date of use. Liar. t.. a �. Ps outs ucee ora praMgtad, Repiurluduhdarficanaa from th►Amedrrn LsndT8le AaaodeYom {!°i•+r+ File No. 01330-43645 Page 2aT2 STFWARTTITLF CO STO ALTA Owne0a Policy Sch A PROFORMA oUARANTYCOMPANY ' ALTAOWNER'S POLICY (0/17100) PROFORMA This is R Pro Forma Poky, which provides no insurance coverage, furnisliod to orgn hehelf of the proposed Insured. This pro forma does nut teliectthe present status or condition of title and is not a commitment to Insure the eatale or interest or to provide any affirmative coverage shown herein. Any commitment must bean expressly written undertaking issued on the appropriate forms of the Company, This Pro Forma Policy solely Indicates the form and cuntenl of tho Policy wNch the Company may issue tf at neoeasary documents are furnished, all acts are preformed, and till requirements set forth In -the line commitment covering this property (or that may be required by underwr ting) are met to the satisfaction ufthe Company. File No,: 01330-43845 SCHEDULE B EXCEPTIONS rRom COVERAGE Policy No.: PROFORMA This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 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 furnished, imposed by law and not shown by the public records, 5, (a) Unpatented mining clatms; (b) reservations or exceptions In patents or In Acts authorizing the issuance thereof; (c) Mintirals of whatsoever kind, subsurface and surface substances, In, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed In Schedule B. . B. Water rights, claims or title to water. 7. Taxes and assessments for the year 2014 and subsequent years, not yet due and payable. 8. The effect of inclusions In any general or specific water conservancy, Fre protection, soil conservatiori'or other district or Inclusion in any water service or street Improvement area. 9. Reservations and Exceptions as set fortis in the Deed From the City of Aspen recorded January 21, 1888 in Boo 69 at Page 306 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, Right of Proprietor recorded December 3, 1892 in Book 55 at Page 35. 11, [Intentionally delstefl 12, [Intentionally deleted.] 13, Herndon Subdivision Plat recorded August 15, '1980 in Book 10 at Page Z and FirstAmendment recorded February 24, 1984 In Book 11 at Page 14, 14. Record Overlap with subject property as shown on the Subdivision Cxemption Plat for Aspen Historic Cottages YY•,Yr•�,•��•�a�a ++roan=nn w.n. „yn,�r.+arrow. >�� The uw o1 rias Form is mbWded MALTA rm"ns and ALTAmambas h good mandny as dtha data of Lao. iN'%r+6 AlotharvaeaeregrahWad. Reprintodlrtrdwlk•nvakom Rhe Arnedmn Wnd'nUeMxdagon Filo No, 01330-43045 Pagel of 2 STEWART rITLE CO FIFO ALTA Owner's Policy Sch D PE PROFORMA GUARANTY COMPANY i ALTA OWNER'S POLICY (6/17/06) PROFORMA This Is a Pro Forma Polley, which provides no insurance coverage, furnishad to or on behalf of the proposed Insured. This pro forma doss not reflect the present status or conditlon of title and is not a commitment to Insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must he an expressly written undertaking Issued on the appropriate forms of the Company. This Pro Forma Policy solely Indicates the form and uontent of the Policy which the Company mcsy Iscue if all necessary douuments are furntshad, ail acts are preformed, and all requremenls set forth In the title commitment covering this property (What may be required by underwriling) aro met to the satisfaction of the Company, SCHEDULE B recorded January 27, 1899 In Book 48 at Page 43. 15. Driveway Easement recorded May 29, 2014 as RecepUoa No. 610646. 16. )-Untentfonally deleted.] 17. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated July 2014 by Aspen Survey Engineers, inC, Any possessory interest clalmed due to the fence line location along Eastern boundary and any claim on land shown as 'status of ovmership unknown' on survey. 19 Electric and Communication Easei7lent along Norther boundary, 18. Deed of Trust from Gateway Aspen LLC, a Colorado firr.ited liability company for the benefit of Bank of Colorado to secure the amount of $987,000 recorded as Reception No. Tha u,* of this Form Is reshlaad wALTAllceruaos and AITP rmmWrs All olherusnt.r-F.. Wlsd, Reprartedundwpoansorromrr,e Amnrrwn File No. 01330-43845 OO STG ALTA Owner's Policy Sch R Pi; PROFORMA i rights tesaryarj. ----- - - - - 6-11IN&W Inytod Naaddby as of he date cruse, ,Nr Mc'au land 1711a Arsoxmloq Pape 2 oft MWARTTITLE CUARANTY COMPANY I American Land Title Asxoulatioh ALTA Endorsement 9.2-06 (Covenants, Conditions and Restriciiona - Improved Land .Owner's Policy) Revised 04.02-12 This is a Pro Forma Policy, which provides no Insurance coverage, fumishod to or on behalf ofthe proposed Insured, This pro fomra does not reflect the prasent status or condition of title and is nut a commitment to insure the estate or interest or to provide any affirmative coverage shown hereto. Any commitment must be all expressly vrrittan undertaking issued an the appropriate forms of the Company. This Pro Forma Policy solely Indicates the form and content of the Policy which the Company may issue If all necessary documents are furnished, all acts are performed, and all requirements set forth In the title commitment covering this property (or that may be required by underwriting) are met to the satisfaction of the Company. ENDORSEMENT ATTACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWART TiTI.R GUARANTY COMPANY File No., 01330-43M Premium: $292,00 1, The Insurance provided by this endorsement is subject to the exclusions In Sectlon 4 of this endorsement; and tho Exclusions from Coverage, the Exceptions from Coverage contained in Schedule 8, and the Conditions in the policy, 2. For the purposes of this endorsoment only, a. 'Covenant" means a covenant condiflon, limitation or restrictl❑n in a document or Instrument in effect at Date of Policy. b. 'improvement' means a building, structure located on the surface of the Land, road, walkway, driveway, or curb, affixed to the Land at Date of Policy and that by law constitutes real property, bili excluding any crops, landscaping, lawn, shrubbery, or trees, 3, The Company Insures against loss or damage sustained by the Insured by reason of: a. A vlolation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule 13 of the policy Identifies the violation, b, Enforced removal or an Improvement as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception In Scliedule l3 of the policy identifies the violation; or o. A notice Dfii violation, recorded in the Public Records at pate of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule 8 of the policy identifies the notice of the violation. 4. This endorsement does not insure against loss or damage (and the Company Will n❑t pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained In an Instrument creating a lease; b. any Coven❑nt relating to obligations of any type to perform maintenance, repair, or remediation, on the Land; or c, except as provided In Section 3.c., any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditlons, or substances. This endorsement is Issued as part of the policy. Except as it expressly stales, It does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (til) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a pr> Aous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the Company, but this endorsemenT Is to be valid only when it bears an authorized countersignature. Countersfghed by: Authorized Countersignature Stewart Title 87 Main Street, Suite W201 Edwards, CO 91632 Agent 10', stewaft title guaranty company Matt Morris president and 0150 Denise C- rails Seprvt'ary Cupydght 2006-2012Aidertcan LandlAlu Assoc atlon. All rights reserved raWrrf e Theum of Vdc Fvm k ravrkted U ALTAlkansees end ALTAmrn09m in Good Aendlrq es at the dere otuse. t-1, k" t AA attar mese eropm Mlle4 ReprNed vnderlkense tom the Maed"n Land Tick Assodr&n bti'r!"Yr!' File No, 0133D-430-03 Page 1 of 2 ALTA Endorsement 9.2-06 (Covenants, Conditions and Restrictions - Improvod Land - owners PoIILy) PF srr` Revised 04-02-12 ( i t American Land Title Assoclatian ALTA Endorsement 9,2-06 (Covenants, Conditions and Restrictions -Improved Land -Owners Policy) Revised 94.02-12 This Is a Pro Forma Policy, which provides no Insurance coverage, furnished to or on behalf of the proposed Insured, Thls pro forma does not reflect the present status or condition of Me and Is not a commitment to insure the estate or interest or to provide any affirmative coverage Shown herein. Any commitment roust be an expressly written undertaking lssued on the appropriate forms of the Company. This Pro Forma Policy adefy Indicates the form and content of the Policy which the Company may Issue if all necessary documents are furnfahed, all acts are performed, and all requirements sut forth In the tills cotnmltment covering this property (or that may be required by underwriting) are met to the satisfaction of the Company. Endorsement PROFORMA No. V OPyepnT 4Vu6-LV7z Amenaait Lrum lnle AsaocIueorl. All rights reX*FYed. The uae 01`01- Fwm is reahlded lo ALTAYmnsees end ALTAmembans hr puod auhdhte m of Car dere oruse, i •�4+,�� AAoawrusoserepraW1lud Rapfted mdor rxc * koro lhtNneAan Land TALI A—du9a,L +�°r'!�r• Fife No, 01330-43845 Palle 2 of 2 ALTAGndorsemenl9.2-0B (Covenants, Conditions and Restrictions - Improvod land - Owner's Policy) PF w� Revised 94-02-12 American Ladd Title Association ALTA Endorsoment36.3-06 (Minerals and Other Subsurface Substances - Land Under Development) Adopted 04-02.12 This Is a Aro Forms Policy, which provides no insurahce coverage, furnished to or on behalf of the proposed insured, This pro forma does not reflect the present status or mndltion of title and Is not a commitment to insure the estate or interest or to provide any affirmative coverage shown herein. Any eomni tmwrt roust be an expressly written undertaking Issued on the appropriate forms of the Company. This Pro Forma Policy solely Indicates the form and content of the Pormy which the Company may Issue If all nenm%nry documents are furldshed, all acts are performed, and all requirements set forth in the IMP commitment covering this property (or that may be required by underwriting) are motto the satisfaction of the Company. ENDORSEMENT ATTACHED TO POLICY NUM13ER PROFORMA ISSWf=D BY STEWART TITLE GUARANTY COMPANY File No.: 01330-43645 Premium: 292,00 1. The insurance provided by this endorsement is subject to the exclusion In Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule S, and the Conditions of the policy, 2. For purposes of this endorsement only: a. "Improvement" means a building, structure located on the surface of the Land, and any paved road, walkway, parking area, driveway, or curb, affixed to the Land at bate of Policy and that by law constitutes real property, but excluding any crops, landsraping, lawn, shrubbery, or trees. b. "Future Improvement" means a building, structure, and any paved road, walkway, parking area, driveway, or curb to be constructed on or affixed to the Land in the locations according to the Plans and that by law will constitute real property, bat excluding any crops, landscaping, lawn, shrubbery, or trees. c, "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Stan Clauson Associates Inc, dated August 06, 2014, last revised , designated as 1 consisting of 1 sheets, 3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of an Improvement or a Future Improvement, resulting from the future exarcise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B. 4. This endorsement does riot Insure against loss or damage (and the Company will riot pay costs, attorneys' fees or expenses) resulting from: ##1 a. contamination, explosion, fire, vibration, fracturing, earthquake or subsidence; or E r b, negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface i substances; or c. the exercise of the rights described in Exception 10. d 0opyright2e12Amw'tcan Land Titre Association. All rights maurved. rratardrrTy Tho use .1M Fonn lu resblaed in ALTA 1-4— and ALTA members In good srandinp as dlh0 date crura AIo6,eruswuae PmWblted, 3iepdnled eAdaf lk:nnve Lam Na Amedcan land tia+A.ma1a11on H`'�!"'�' File No. 01330-43646 Page 1 oft ALTA Endorsamant 35.3-08 (Minerals and Other Subsurface Substances - 4and Under Davelopment) PF Adopted 04-D2-12 1 t a American Land Tlfle Association ALTA Endorsement 35,3.06 (Minerals and Other Subsurface Substances - Land Under Development) Adapted 04.02-12 This is a Pro Forma Policy, which provides no insurance coverage, furnished to or on behalf of the proposed insured. This pro forma does not reflect the present status or condition of title and Is not a commitment to Insure the estate or Interest or to provide tiny affirmat(ve coverdge shown herein. Any cornrnitmerit must be an expressly written undertaking Issued on the appropriate forms of the Company. This Pro FDrrrla Policy seiely Indicates the form and content of the Policy which the Company may Issue If all necessary documents Are funiished, ull acts are performed, and all requirements set ruitrr In the Gt)e Lmilrnitmunt covering this property (or that may be required by undenvrillng) are met 10 the satisfaction of the Company. This endorsement Is Issued as part of the policy, Except as it expressly states, it does not (i) modify any of trie terms and provisions of the policy, (9) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) Increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the company, but this endorsement Is to be valid only when It bears an authorized countersignature, Countersigned by: Authorized Countorsignature StewartTitle 87 Main Street, Suite VV201 l=dwards, CO 81632 Agent I D; Endorsement bar)al No. JL stew title guaranty company PROFORMA Matt Morris President and CEO Denise C rraux Secretary Copyright 2012Amark-an LanMIo Aseocla0oh. Ali rights resmvad. The use of IHa Farm Is rosidded Io ArTAkenssn and ALTAmamben In good stondhg w of the dela .1m, rs•?mFag Allowerusasompron@Iled. HoohSdd under Wren rromlhe Amorken LWldTlgaAtwdano,s �•�'•!!'!Y,: File No. 0133D.43840 Page 2 U12 ALTAFndorsement 35.9-06 (Minerals and Other Subsurface Substances- Land Under Develupmeni) PF Adopted 04-02-12 ALTA Endorsement 18,9.06 (Cohliguity-$Ingle Parcel) PROFORMA This Is a Pro Forma Poky, which provides no Insurance CoVerage, furnished to or on behalf of the proposed Insured_ This pro forma does not reflect the present status or condition of We and is not a commitment to Insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the apprapdate forms of the Company, This Pro Forma Policy solely Indicates the form and content of the Policy which the Company may Issue If all necessary documents are furnished, all acts are performed, and all requiramenis set forth in ilia title commitment covering this property (or that may be required by uneerwrning) are met to the satisfaction of the Company. ENDORSEMENT ATTACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWAR'f TITLE GUARANTY COMPANY File No.; 01330.43845 Premium: $292.00 The Company Insures against icss or damage sustained by the Insured by reason of: 1. parcel 1 contiguos to Parcel 2 which is contiguous to Parcel 3 2. the presence of any gaps, strips, or gores separating the contiguous boundary lutes described above. This endorsement is Issued as part of the policy. Except as it expressly states, It does not (i) modify any of the terms and provisions of the policy, (il) modify any prior endorsements, (iii) extend the bate of Policy, or (Iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is Inconsistent with an express provision of this endorsement, this endorsement controls, Otherwise, this endorsement is subject to all of the terms and provisions of the policy rind of any prior endorsements. Signed under seal for the Company, but this endorsement is to be valid only when It bears an authorized countersignature. Countersigned by: Authorized Countersignature Stewart Titre 87 Main Street, Suite W201 Edwards, Co 81832 Agent ID: Endorsement Serial No. stewaft title guaranty company �A�11.E atr4,j �3�oarcy�a •��. r,. �I•, rani PIROFORMA cdpyngnt aeon-Zaa5 AMenrau Wnd Ttile Assovla[lon. All rights rwerved, Thr an orlhie Form Is roevided to ALTAQennPoed endA1:7A1nMbM k, 90 -d am*o as of The dale of we, AA'thw Usesereprohlbllcd, neprbded order&once iron lMeMiedcen 1anJ Trio Pa�depoM1 Fllu No. 01330-49846 ALTAEndorsemant 18.1.06 (ContiguitySingle Parcel) (6117/06) PROFORMAO Page 1 of 1 Malt Morris president find CEO aenfse C rraux Secretary 6 r ALTA Endorsement 18.1-06 (Multiple Tax Parcel) This Is a Pro Forma Policy, which provides no insurance coverage, furnished to or on bahalf of the proposed Insured. This pro forma does not reflect the present status or condition of Etle and Is not a commitment to Insure Ute estate or Interest or to provide any afFrmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Compary. This Pro Forma Policy solely indicates the form and content of this Policy which the Company may issue It all necessary documents are furnished, all acts are performed, and all requirements set forth in the title commitment covering this prupody (or that may be required by undervaiting) are met to the satisfaction of the Company, ENDORSEMENT ATTACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWART TITLE GUARANTY COMPANY FIIe No.: 01330-43845 Premium: $85.00 The Company insures against loss or damage sustained by the insured by reason of: 1, those portions of the Land identified below not being assessed for real estate taxes under the listed tax identification numbers or those tax Identification numbers including any additional land: RD05321 2, the easements, If any, described In Schedule A being cutoff or disturbed by the nonpayment of real estate taxes, assessments or other charges imposed on the servient estate by a governmental authority. This endorsement Is Issued as part of the policy, Except as It expressly states, it does not (I) modify any of the terins and provisions of the policy, 01) modify any prior endorsements, (III) extend the Date of Policy, or (€v) Increase the Amount of insurance, To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls, Otherwise, this endorsement Is subject to call of the terms rend provisions of the policy and of ary prior endorsements. Signed under sea) forthe Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: f- � Authorized Countenslumture Stewart Title 97 Main Street, Suite VV201 Edwards, CO 81632 Agent JD: Endorsement Serial No. stewwt* #tie guaranty oompany •(1StC afrS9R,z t••9Ua• PROFORMA Matt Morrfs Presfdontand GEO Denise C raux SeiCrstary Copyright 2006•2o09 Amerlean Land Tido pssosiauon. All right. reserved. A� The use Wh{r Fast le —Mcfad to ALTA kwv" a andALTAmarnbem it oaad .m—ding esarlhe dale or use• AN Pilm uses are pmWtud. Reprinted undo' hcnea ham theA=dom Lund Fhb Acsodaean ! File No. Disse -43845 Page 1 of 1 v"F• 5' ly ALTA Endorsement 18.1-06 (MuitlpiolraxParcel) (0/17/06) 0 f CO SIG Eridorsemant 110.1 Deletion of Exception PROFORMA ALTA Lander ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER PROFORMA Issued by STEWART TITLE GUARANTY COMPANY Flle No,; 01330-43845 Said Policy is hereby amended by deleting paragraphs 1 - 6, of Srhedule B, Part). This endorsement Is mado a part of the pollcy and Is subject to all of the terms and provlslons thereof and of any prior endorsements thereto. Except to the extent expressfy stated, it neither modifies any of tho terms and provisions of the policy and any prior endorsements, nor does It extend the effective date of the policy and any prior endorsements, nor does A Increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by; s L ,}. ew tMe guaranty company Authorized Countersi nature Matt Nlbtrls g p Q PresIdont and CEO pp 7 Stewart Tide fes',, Tvoo s 87 Maln Street, Suite VV201 i Edwards, CO 81632 AgentlD:rcI. zassj ' �` Denies C rraux Secrotary, Endorsement Seri -.4 No. PROFORMA File No. 01330-43846 STO CLTAForm 140. f Deletlon of Exoepbon PROFORMA ALTA Lender I ALTA Endorsement 17.1-06 (Indirect Access and Entry) ENDORSEMENT Attached to Policy No. 41330-43845 Issued by STEWART TITLE GUARANTY COMPANY The Company insures against loss or damage sustained by the Insured if, at Date of Policy (►) the easement identified as Parcel 3 in Schedule A (the "Easement) does not provide that portion of the Land Identified as Parcels 1 and 2 in Schedule A both actual vehioular and pedesb ian access to and from 81" Street via so-called Block 4 Alley, (ii) the Street Is riot physically open and publicly i maintained, or (ili) the Insured has no right to use existing curb cuts or entries along that portion of i the Street abutting the Easement, i This endorsement is issued as part of the policy. Except as it expressly states, it does not ()) modify # any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the hate of Policy, or (iv) increase the Amount of insurance. To the extent a provision of the policy or a previous endorsement is Inconsistent with an express provision of chis endorsement, this endorsement controls. Otherwise, this endorsement Is subject to all of the terms and provisions of the policy and of any prior endorsements. STEWART TITLE GUARANTY COMPANY Mr. Michael H. Brown Gateway Aspen, LLC 605 W. Main St., Ste. 2 Aspen, CO 81612 Tel: 970-930-1754 10 April 2015 Ms. Jennifer Phelan, AICP Deputy Director, City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Land Us Application Dear Jennifer: Attachment 8 This letter is to certify that Gateway Aspen, LLC, owner of the property located at 928 W. Hallam Street, Aspen, give Stan Clauson Associates, Inc., and its staff, permission to represent Gateway Aspen, LLC in discussions with the City of Aspen regarding an application for the review of recordation documents for this property. Gateway Aspen, LLC has retained this firm to represent us in the application for this project. If you should have any questions regarding this matter please do not hesitate to contact me. Contact information for Stan Clauson Associates is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, Me - Michael H. Brown Managing Member Gateway Aspen, LLC Attachment 9 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Rebecca Levy, Planner DATE: 3/16/15 PROJECT: Minor Subdivision — Gateway Aspen Lot Split REPRESENTATIVE: Stan Clauson, Stan Clauson Associates REQUEST: Review of recordation documents DESCRIPTION: The Gateway Aspen, LLC Lot Split Minor Subdivision was approved with conditions by the Aspen City Council by Ordinance 41 of Series 2014. Pursuant to Chapter 26-490, approval documents must be submitted for review to the City of Aspen's Community Development Director within 180 days of the date of approval. Ordinance 41 of Series 2014 was approved on January 12, 2015, thus a draft of the approved plat must be submitted by July 31d, 2015. A subdivision agreement is not required as part of the approval documents. If additional time is needed, the applicant may request that the Community Development Director grant an extension. Below are links to the Land Use Code for your convenience: Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.490 Approval Documents: draft plat (no subdivision approval) Review by: Staff for complete application and approval documents Referral Agencies Public Hearing: Not required Planning Fees: Planning Deposit — $975.00 for Administrative Review ($325.00 for 3 hours) Referral Fees: Engineering -- $275.00 Total Deposit: $975.00 (Additional planning hours over deposit amount are billed at a rate of $325/hour; and, additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Draft approval documents: draft plat ❑ 2 Copies of the complete application packet. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: ASLU Recordation Documents 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. 2