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Land Use Case.120 E Hyman Ave.0100.2016.ASLU
PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0100. 2016.ASLU PROJECT ADDRESS 120 E HYMAN AVE PARCEL ID 2735 124 60 004 PLANNER REILLY THIMONS CASE DESCRIPTION ADU AMENDMENT REPRESENTATIVE GLICKMAN/PAIGE AND PAUL DATE OF FINAL ACTION 02.09.17 CLOSED BY ANGIE SCOREY 1.23.18 �7Cam_ Dl� z°�� . `• Permits — ❑ X File Edit Record Navigate Form Reports Format Tab Help E Jump 1 IrJ�j &4120 S summary Actions Routing History pen Land Use YMAN AVE I ADUsu # rmit Information Master permit r Routing queue aylul5 Applied 11 23 201C Project �— —� Status cending —� Approved Description APPLICATIONFORAlvIEHDUBITOFA.NA'.DU Issued Closed/Final PAIGE GLICKMAN 310 432 1100 Runnin 0 res 11 212017 Submitted Clock 0 Days 0 Exp Submitted via Owner lo Last name GLICKh1AfJ First name IPAIGE AND DAVID 21000 M NDENHALL CT 1 TOPANGA CA 90290' Phone ( ) Address ;I Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name GLICKbIAN First name IPAIGE AND DAVID 21000 NIENDENHALL CT TOPANGA CA90290 Phone ( ) Cust # 130517 Address Email Lender Last name First name Phone () Address 1111111111111111111111111111111111111111111111111111111111111 RECE ION#: 636056, R: $33.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 5, 02/09/2017 at 01:46:09 PM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY COMMONLY DESCRIBED AS 120 EAST HYMAN STREET; AKA THE CORKSCREW DUPLEX CONDOMINIUMS, UNIT 4, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No. 273512460004 APPLICANT David Paul and Paige Glickman REPRESENTATIVE: Paige Glickman SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a duplex residence located at 120 East Hyman Street, legally described as Units 3 and 4, Corkscrew Duplex Condominiums, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. The Applicant is requesting an amendment to an ADU development order, pursuant to Land Use Code Section 26.520.090[C], Removing an ADU/Carriage House. SUMMARY: The subject property constructed an accessory dwelling unit for the purposes of affordable housing mitigation, one ADU associated with each dwelling unit. Based upon City Council approval, a Restrictive Covenant was filed on April 3, 1984 and recorded on April 4, 1984 (Reception #258546). The Applicant proposes the removal of the ADU and vacating the deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs that were developed prior to the adoption of Ordinance No. 35 (Series of 2015). In order to initiate the vacation of the deed restriction, the Applicant will be required to mitigate for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs). The Land Use Code allows for the required mitigation to be achieved by either a fee -in -lieu payment or the extinguishment of an Affordable Housing Credit. The Applicant has stated that they intend to make a fee -in -lieu payment. Additionally, the structural changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. The Applicant has been informed of the necessary changes and will need to remove the existing kitchen facilities in the ADU. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; allowing for the removal of an ADU/Carriage House. *AW DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted above meets the requirements as described in the Land Use Code, and APPROVES the request to vacate the ADU (Unit 4) subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of .38 FTE provided at a Category 2 rate. This requirement may also be met by fee -in -lieu -payment. This requirement will be implemented as part of the building permit process. 2) The application for a building permit and issuance of a Certificate of Occupancy by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both of these conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. APPROVED BY: E I (., Jessica Garr w Community Development Director CONSENTED Gli /11 G 1 � J_1 Date ATfachments: Exhibit A — Original ADU Deed Restriction (Reception # 258546) Exhibit B — Application (not recorded) NEW 2 5 8- 9 4 RLSTRICTIVE COVENANTS Employee Dwelling Unit LOP.ETTA BANNER P11011'CTIY. RECORDER THESE COVENANTS made this 3rd of April A'198y4 by28 Pti �8� Edwin W. Baker, Jr. (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the owner is the owner of the following described property situate in the County of Pitkin, State of Colorado, known and described as follows: Units 3 and 4 CORKSCREW DUPLEX CONDOMINIUMS According to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominiun Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188, (hereinafter referred to as the "property"); and WHEREAS, the Owner has obtained approval for (and the City has approved) an additional dwelling unit (hereinafter referred to as "Unit") on such Property as the same is describes in, and provided for, in the Covenants recorded in Book 426 at Page 969 of the Pitkin County records, and WHEREAS, it is acknowledged by the owner that the purpose of such additional dwelling unit is to provide rental opportunit for an employee of the community in accordance with guidelines of the City, and that the Owner wishes to insure that the Unit continues to be used and occupied as an employee rental unit in accordance with such guidelines requirements. NOW, THEREFORE, in consideration of the approval of the Unit, it is hereby agreed as follows: 1. The Owner shall maintain the Unit in conformance with the requirements of the Municipal Code of the City of Aspen as referred to in the aforementioned document, any and all represet i Fxsif -- ��: �aY:f . .•'zsi o'. ;1. soaa 464 1 34 tations contained in the application for an additional dwelling unit, as well as any and all conditions imposed by the approval granted by the City. In the event any of the foregoing are inconsistent with other provisions of this Agreement, the more restrictive shall apply. 2. In addition, the Owner agrees that: a) The Unit shall be registered with the Housing Authority of the City of Aspen and Pitkin County, Colorado (hereinafter called "Authority"). b) The Unit shall not be occupied by the Owner or spouse. c) The Unit shall not be rented for periods of less than six (6) months. d) A copy of the lease and verification of employ- ment shall be forwarded to the City by the owner within 10 days following the signing of a lease agreement. e) The Unit may be offered for rent through the City if the City finds this Agreement is not being complied with. 3. The City is hereby authorized to verify the qualifica- tions of any tenant prior to occupancy; provided, however, that the Owner shall have the right to select tenants from among eligible applicants and shall have the final jurisdiction with respect to the selection thereof, so long as there is compliance with this Agreement. 4. All rental proceeds shall be payable to the Owner and nothing herein shall be construed to require the City to supply tenants, nor to constitute an indemnification of the owner (by the City) against any losses attributable to the rental of the Unit, including, but not by way of limitation, non-payment of rent or damage to the premises. I 5. The provisions of this Agreement shall be covenants -2- ti: 1%W *4w Pax 464 mvlM running with the land, be binding upon the Owner and the City, his or its heirs, successors and assigns (and enforceable by any of them). 6. The term Owner as used herein shall refer to any and all persons, male or female, having an ownership interest in the Unit which is the subject of this Agreement. 7. There is hereby reserved to the parties hereto any and all remedies provided by law (fine, imprisonment, and/or injunction) for breach of this Agreement or any of its terms. 8. In the event that the City shall have probable cause to believe that the Owner is violating the provisions of these covenants, the City may inspect the Unit upon reasonable notice during reasonable hours to verify occupancy by an employee. 9. The Owner acknowledges that he has read and fully understands and accepts the terms and conditions of this Agreement; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS WHEREOF, the Owner has executed this instrument on the day and year above first written. OWNER: - Edwin W. Baker.; J STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 3rd day of April, 1984 by Edwin W. Baker, Jr. Witness my hand and official seal. My commission expires June 5, 1985. Fofary Public -3- O Pitkin County Clerk & Recorder "`aff Meeting Agenda — February 10, 2017 Nfto 4w" Agenda. - Vectra Bank — 8:00am — 8:45am ✓ Performance Review Reminders ✓ Summer Conference —June 19 - 21 Staff Meeting - Future Agenda Items (if anyone has a topic, please submit for future meetings) ✓ Retreat - April ✓ REMODEL: Visioning Discussion, Timelines, Stakeholder Input, new lobby area, etc. ✓ BITS - Google Training / Drive ✓ Customer Service — Remember the customers perception ✓ Workflow processes ✓ Courtesy — 10 Rules ✓ Office Values Review: Teamwork, Integrity, Positive Service, Balance ✓ County Values Review: Stewardship, Ethics, Excellence, Collaboration, Open Communication, Positive Work Environment ✓ Does anyone have a recommendation regarding what they would like to see or discuss in a future meeting? cm cm DAVID AND PAIGE GLICKMAN 21000 MENDENHALL CT. TOPANGA , CA 90290 310-432-1100 November 17, 2016 Reilly Thimons'V Land Use and Planning Department 130 S. Galena Street, 3rd Floor Aspen, Co 81611 Dear Ms. Thimons: Thank you again or taking the time to meet with me last month for the required Pre Application Conference regarding our desire to remove the ADU restriction to our property located at 120 East Hyman Ave., Unit 4, in Aspen. I believe that this package contains the legally required items to complete our submission. Please let me know if this is not the case and/ or what further is required to proceed. The subject affected property is located at 120 East Hyman Ave., Unit 4, Aspen, Colorado 81611. The legal owner of both the home (120 East Hyman Ave., Unit 3) and the attached deed restricted ADU unit 4 is "David Paul Glickman and Paige Glickman. The home, Unit 3, is undergoing a major renovation right now pursuant to permit and should be finished in a month or so. Our hope is to keep the ADU unit as a Family Maintenance unit. We have no plans to change or renovate the unit unless required to do so by the City, which I understand may indeed be a requirement. Hence, I have no information to fill in regarding changes to lot, square footage etc., as there should be none. Per your edification, our neighbor at 118 East Hyman went through this process a few years back and bought out the ADU restriction to his Unit number 2. We are hoping to do the same. Your primary contact for this process is: Paige Glickman, 21000 Mendenhall Ct. Topanga, CA 90290 310 432-1100 office 310-220-2222 cell Thank you for your attention to this matter. low L"n pIoo-201(o -As W CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Reilly Thimons, 429.2754 DATE: October 21, 2016 PROJECT: 120 East Hyman Street REPRESENTATIVE: Paige Glickman, Owner TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The Applicant is interested in amending a Development Order for an ADU at the subject property. The deed restriction for the unit was recorded at Reception No. 258546. To remove the deed restriction from the unit pursuant to 26.520.090.C, the Applicant shall provide mitigation for 0.38 Category 2 FTEs in the form of Affordable Housing Certificates or fee -in -lieu. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use application Form for your convenience. Follow link below to view the City of Aspen Land Use Code Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.0 Removing an ADU/Carriage House Review by: Community Development Director Public Hearing: NA Planning Fees: $975 planning deposit, three hours. Additional hours billed at $325 per hour. Total Deposit: $975 To apply, submit the following information: a' Completed Land Use Application and signed fee agreement. [}'K Pre -application Conference Summary (this document). Kil Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate En 0 from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form Written responses to all review criteria in Sec. 26.520.090.0 lj( An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. In lM CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: March 23, 2016 PROJECT: 120 E Hyman Ave — Corkscrew Duplex REPRESENTATIVE: Cheryl Schmidt, 970.923.1677; Paul Taddune, 970.925.9190 REQUEST: Administrative Determination DESCRIPTION: The applicant is interested in an administrative determination by Planning Staff that will clarify which units in the building were originally designated as Affordable Housing Units. Specifically, the applicant would like a determination of Council's actions regarding the approval of the units within this condominiumized parcel. The subject site is located in the Residential Multi -family (RMF) zone district. The Declaration of Covenants, Restrictions and Conditions (Book 426, Pg 971) indicate the project was created with two basement level affordable housing units, designated as Units 2 & 4. The plat for the site is recorded at Book 13, Pg 46. The applicant is requesting this determination due to some confusion on the part of the Title Company regarding which units in the Corkscrew Duplex were designated as affordable housing units due to a possible error in the Restrictive Covenants document, recorded at Book 434 Pg 133. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%20form. pdf 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 Review by: Staff for complete application APCHA (Housing Authority) Public Hearing: None required Planning Fees: $650 for two (2) hours of staff review time Referral Fees: Aspen Pitkin County Housing Authority (APCHA) - $650, flat fee Total Deposit: $1,300 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ASLU Administrative Determination 1181120 E. Hyman Ave 273512460800 I%W ''0 ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete copy of all application materials. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owner ("I"): Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: date: date: NOW Agreement to Pay Application Fees !n.'l GigE- 0100.2.0 ( to - A<:,1 a1 An agreement Detween the city of Aspen ("City") and - Proper "laa J & I i'c Irryou� e_�Lri':::4 Phone No.: a - I I cc� Owner ("I"): .;Clc 611'cli✓Yrxn Email* of l a 1. Address of 1 QD EAST T N MA N, UY) 1T q Billing Property: 7 .11 oc'o �%1 a ncQz vll l l C . �S�e h Co $1 b I 1 Address: To qA, C p' god-9 b (Subject of � (send bills here) �./ I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. 1 understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. -De-poS 1� P( VS �Z U-►''S $. fat -fee for SJT $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. GO $_ '4 S_ -_ deposit for - hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. S deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $O J Property Owner: Name: — �a.1GGl�' (i G�ll7'IC1t✓1 Title: Owne.(' 1 .; rrh )C)I (, ( -its= nr An ', �n C I,z m If fQ7n1 n)n c nc n � 0 cm PLEASE FIND HEREIN REGARDING APPLICATION TO REMOVE ADU DEED RESTRICTION FOR 120 EAST HYMAN AVE., UNIT #4 EXHIBIT 1 - COVER LETTER EXHIBIT 2 - PRE APPLICATION CONFERENCE SUMMARY EXHIBIT 3 - TITLE INSURANCE DATED JUNE 30, 2016 IN THE NAME OF DAVID PAUL GLICKMAN AND PAIGE GLICKMAN EXHIBTI 4 - WARRANTY DEED WITH ATTACHED LEGAL DESCRITPION IN THE NAME OF DAVID PAUL GLICKMAN AND PAIGE GLICKMAN EXHIBIT 5 - HOA COMPLIANCE FORM EXHIBIT 6 - VICINITY MAP EXHIBIT 7 - LAND USE APPLICATION EXHIBIT 8 - DIMENSIONAL REQUIREMENTS FORM AND COPY OF KIM RAYMOND ARCHITECTS 2016 FLOOR PLAN FOR ADU UNIT NUMBER 4. EXHIBIT 9 - AGREEMENT TO PAY APPLICATION FEES EXHIBIT 10 - COPY OF CHECK FOR $975.00 DEPOSIT NOW En DAVID AND PAIGE GLICKMAN 21000 MENDENHALL CT. TO PAN GA , CA 90290 310-432-1100 November 17, 2016 Reilly Thimons Land Use and Planning Department 130 S. Galena Street, 3rd Floor Aspen, Co 81611 Dear Ms. Thimons: Thank you again or taking the time to meet with me last month for the required Pre Application Conference regarding our desire to remove the ADU restriction to our property located at 120 East Hyman Ave., Unit 4, in Aspen. I believe that this package contains the legally required items to complete our submission. Please let me know if this is not the case and/ or what further is required to proceed. The subject affected property is located at 120 East Hyman Ave., Unit 4, Aspen, Colorado 81611. The legal owner of both the home (120 East Hyman Ave., Unit 3) and the attached deed restricted ADU unit 4 is "David Paul Glickman and Paige Glickman. The home, Unit 3, is undergoing a major renovation right now pursuant to permit and should be finished in a month or so. Our hope is to keep the ADU unit as a Family Maintenance unit. We have no plans to change or renovate the unit unless required to do so by the City, which I understand Om cm may indeed be a requirement. Hence, I have no information to fill in regarding changes to lot, square footage etc., as there should be none. Per your edification, our neighbor at 118 East Hyman went through this process a few years back and bought out the ADU restriction to his Unit number 2. We are hoping to do the same. Your primary contact for this process is: Paige Glickman, 21000 Mendenhall Ct. Topanga, CA 90290 310 432-1100 office 310-220-2222 cell Thank you for your attention to this matter. Paige Glickman In 'Me WESTCOR LaW rf& ALTA OWNEWS POLICY (6-17-06) 'ASSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE POLICY NO. OP-6-CO1045-5W583.5 Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must he given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and %Qod as of the Date of Policy shown in Schedule A, Issued By: WESTCOR. LAND TITLE INSURANCE COMPANY C01045 ; PCT24665W Pitkin County Title Inc. By: 601 E. Hopkins #3 vvaftwnt Aspen, CO 81611cbmpw _ems 1 Attest: Secretary fwT 7ir FzAitinn 2-25-081 OP-6 ALTA 6-17-06 Owner's Policy 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing 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. 6. An enforcement action based on the exercise 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 referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re - of this policy, and the Company will not pay loss or damage, costs, cords at Date of Policy, but Known to the Insured Claimant attorneys'fees, or expenses that arise by reason of and not disclosed in writing to the Company by the Insured 1. (a) Any law, ordinance, permit, or governmental regulation Claimant prior to the date the Insured Claimant became an (including those relating to building and zoning) restricting, Insured under this policy; regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy (however, (ii) the character, dimensions, or location of any improve- this does not modify or limit the coverage provided under ment erected on the Land; Covered Risk 9 and 10); or riithe subdivision of land; or (e) resulting in loss or damage that would not have been ( ) sustained if the Insured Claimant had paid value for the (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the cover- age provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other mat- ters (a) created, suffered, assumed, or agreed to by the Insured Claimant; Title. 4. Any claim, by reason of the operation of federal banlmjptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP-6 ALTA 6-17-06 Owner's Policy Page 2 %AW age CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of lnsurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity_ (d) "Insured": The Insured named in Schedule A. (i) The berm "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason ofwar- rarities in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. (C) successors to an Insured by its conversion to another 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED kind of Entity; CLAIMANT (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly - owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning Purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured (e) "Insured Claimant": An Insured claiming loss or damage- (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in ScheduleA, and affixed improve- ments that by Iaw 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 easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage,': Mortgage, deed of trust, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in rase Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating 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 these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the 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 expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or OP-6 ALTA 6-17-06 Owner's Policy Page 3 RM CM CONDITIONS AND STIPULATIONS - CONTINUED damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, 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 the Company exercises its rights under this subsec- tion, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense 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 dis- cretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits 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 defense in the action or pro- ceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive ofee Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required m this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses in- curred by the Insured Claimant that were authorized by the Com- pany 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 liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall termi- nate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (bxi) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid- (c) In addition to the extern of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Condi- tions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any OP-6 ALTA 6-17-06 Owner's Policy Page 4 vrr► ,*As method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and dispo§ition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fiilly cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Associa- tion ("Rules'). Except as provided in the Rules, there shall be OP-6 ALTA 6-17-06 Owner's Policy no joinder or consolidation with claims or controversies 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 claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shalt be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (6) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. f[��al'/ �]s7� 31 rA 1111'1 In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW, FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Tide that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Foram: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. Page 5 ALTA OWNER'S POLICY (6.17-06) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 H 0 Owner's Policy of Tip% Insurance --Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 120 E HYMAN AVE., ASPEN, CO 81611 File No.: PCT24665W10 Amount of Insurance: $5,500,000.00 Date of Policy: June 30, 2016 @ 12:47 PM Policy No.: OP-6-CO1045-5065835 Premium: $ 9,260.00 Simultaneous #: LP-1 3-CO1 045-5065836 Reinsurance #:108024 1. Name of Insured: DAVID PAUL GLICKMAN AND PAIGE GLICKMAN 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: DAVID PAUL GLICKMAN AND PAIGE GLICKMAN 4. The Land referred to in this policy is described as follows: UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. Issued By Authorized Signatory r■+ SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT24665W10 June 30, 2016 @ 12:47 PM OP-6-CO1045-5065835 THIS POLICY DOES NOT INSURE AGAINST LO.§S OR DAMAGE BY REASON OF THE FOLLOWING: I. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are 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 that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter fumished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2016 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded March 1, 1897 in Book 139 at Page 216. 10. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded May 26, 1982 in Book 426 at Page 969. 11. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Declaration of Covenants, Restrictions and Conditions for Corkscrew Duplex Condominiums recorded May 26, 1982 in Book 426 at Page 971 and Release of Covenants, Restrictions and Conditions recorded November 26, 1990 in Book 634 at Page 709. 12. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Corkscrew Duplex Condominiums recorded June 1, 1982 in Book 427 at Page 188, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 1, 1982 in Plat Book 13 at Page 46. 14. Terms, conditions, provisions, obligations and all matters as set forth in the Restrictive Covenants ^;( recorded April 4, 1984 in Book 464 at Page 133. NOTE: The exception listed above applies only to Unit 4. (Continued) Now '*"W POLICY NO. OP-6-CO1045-5065835 CASE NO. PCT24665W10 SCHEDULE B-OWNERS --EXCEPTIONS-CONTINUED-- 15. Terms, conditions, provisions and obligations a�; set forth in City of Aspen Community Development Department Administrative Determination recorded May 25, 2016 as Reception No. 629558. 16. Deed of Trust from : DAVID PAUL GLICKMAN and PAIGE GLICKMAN To the Public Trustee of the County of PITKIN For the use of : CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION Original Amount : $3,300,000.00 Dated : June 20, 2016 Recorded : June 30, 2016 Reception No. : 630367 EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). Obligatory Insurance Fraud Stnent: en We are obligated by Colorado Law (CRS 10-1-128) to provide the following statement: It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial or insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. State: CO County: PITKIN Agent tuber C01n45 Order Number•Drr2�5w1n CLTA FORM 110.1 DELETION OF ITEM FROM POLICY Attached to and forming a part of Policy No: OP-6-CO1045-5065835 Issued by WESTCOR LAND TITLE INSURANCE COMPANY The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B, except for subsection (d) under paragraph number 5 (Water Rights). 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, (ii) 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. June VMPVI r- :EPTION#: 630366, 06/30/2016 at Documentary Fee 550.00 vW46:54 PM,I of 3, R $21.00 DF $550.00 Doc Code WD WARRANTY DEED Janice K. Vos Caudill, Pitkin County, CO THIS DEED, made this 23 day of June, 2016, Between GEORGE C. PERREAULT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED of the County of SARASOTA, State of FLORIDA, GRANTOR, AND DAVID PAUL GLICKMAN and PAIGE GLICKMAN, GRANTEE whose legal address is: 21000 MENDENHALL CT., TOPANGA, CA 90290 of the County of LOS ANGELES, State of CALIFORNIA WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, their heirs and assigns forever, not in tenancy in common but in joint tenancy, with right of survivorship, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the Grantor, for itselff, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. SIGNATURES ON PAGE 2 CITY OF ASPEN WRETT PAID CITY OF ASPEN DATE REP�I NO. 7� /{; �� HRETT PAID Page 1 DATE REP)),(— con IM SIGNATURE PAGE TO WARRANTY DEED TO JOINT TENANTS Page 2 GEOR C j LT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED By: Mikhael a dwe , uccessor Trustee STATE OF Ss COUNTY OF 4 �?l C l I 41 The foregoing instrument was acknowledged before me this lfday of June, 2016, by MICHAEL CALDWELL, SUCCESSOR TRUSTEE OF THE GEORGE C. PERREAULT IVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED. • r WITNESS my hand and official seal Notary Public my MICNELLE E WINIECKI • : MY COMMISSION # EE216137 .. EXPIRES Ly 12, 2018 t�Tl 30601?7 fb'a PCT24665W10 EXHIBIT "A" LEGAL DESCRIPTION UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. M iM Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attomey representing the property owner. .-Name: Property V'c� QAI( G1i'cK exl - (- Owner ('11: mail: one No.: ` a tci O 413.1 - zloo Address of Property: /,zo c I4yrn4Al AVe. � L1417 q (subject of�,� Ccy1 bf% application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. 10 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. understand that this document is a pu document. Owner signature: date: Owner printed name:t,� or, Attorney signature: Attorney printed name: date: 11/17/2016 Go gle Maps Paepcke Park Chalet Lisl w �!2 X r U 65 ,ch park Cri Google Maps i Auberge Resort Bakery inStreet Cafe Grateful Deft Male F.w St �i o Matsuhisa E Ma;n St Acquolina E Nopk/r7s ,t Aspen Overeasy Pinons Av,- I White House Tavern µ, Asre Shell 1 $ Creperie du Village, Wells Fargo Bank Aspens Only French... i Local Spirits Peach's Corner Cafe os PETER LIK ASPEN Whitman Fine Properties Rustique Bistro Royal Street Fine Art Caribou Club Valley Fine Art I& Aspen Art Gallery Baldwin Gallery I& 1 Iululemo Aspen Walking Tours d athletica c CHACHA GALLERY v � �Hyr"ngIle � c 65 Ute Mountaineer Tr Go gle � Lim�ny, n w Su Casa Mexican New York Pizza Map data ©2016 Google 100 ft hftps://www.goocje.com/maps/@39.1898326,-106.8211945.18z En ►,WA r ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name:N �Otil� t C K�'V10.J� A� Y� �i c/. �? t G i'�ma ✓� Location: _1 aCb CAST i't YmA- Ill A o E . � As 02r) , C� � 1 � I 1 } 1,) ►'I LT � Parcel ID # (REQUIRED) a'-7351 a`t(0000 APPLICANT: Name: �G� i Ae. O� i'Y�, Ill) iCt try (i C.1 �YY10.y1 Address: a 1000 9 O aq 0 Phone #: 1 c) - j REPRESENTIV��A--TIIVE: Name: _�q G 11 GI"�Y)'Yi"Yi Address: 011 Uo� tm e rY�e1/1 C 6� �1 C�2q !S Phone#: l 0"Ll 3-11 on CJ r 3 Lo - 0a0 - 2. z 2 Z LEI GMQS Exemption n GMQS Allotment Special Review Lr1 ESA-8040Greenline,Stream Margin, Hallam Lake Bluff, �I Mountain View Plane Commercial Design Review = Residential Design Variance Conditional Use Conceptual PUD i _-i Temporary Use j Final PUD (& PUD Amendment) Subdivision Subdivision Exemption (includes Condominiumization) IE--.) Lot Split ' Lot Line Adjustment Conceptual SPA Final SPA (&SPA Amendment) Small Lodge Conversion/ Expansion ;( Other: 14 'D6k -i: lU ,J urar rryu a.vnivi i ivrva juescripuon or existing ouimings, uses, previous approvals, eic.l niT3 ,S stn--1,16 he je ' Un�T-q s ADL 1e,s+r'LcketJ. base-aw-n T tipaEnren PROPOSAL: (Description of Have you attached the following? FEES DUE: Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment 113, 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 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-0 model. Your pre -application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: JaQ E. Wgrr-mr) AVe-. , M'1T L1-�4- Applicant: Va-11CM&� c <✓YaG laJ�J i ecuk CT11Ci"IYYL'x� Location: *� EA-s-r 14y flan .,_U/U a Y A51 e ) � CO FS I 1 Zone District: Lot Size: Lot Area: (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: INJA Proposed: Number of residential units: Existing: / Proposed: / Number of bedrooms: Existing: Proposed: / Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed 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 Rear Setback: Existing: Required: Proposed Combined F/F: Existing: Required Proposed _ Side Setback: Existing: Required: Proposed _ Side Setback: Existing: Required Proposed _ Combined Sides: Existing: Required Proposed _ Distance between Bldgs. Existing: Required: Proposed _ Existing: Required. Proposed:_ Existing non -conformities or encroachments: rib ✓12 . ONC4y Dll- ut-nN-y- n LOWER LEVEL FLOOR PLAN