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Home My WebLink About1.0 ApplicationKar _Neu_Hanlon_ ATTORNEYS AT LAW C ' • kJ K h cdinthiffigiarm.com GARHELD COUNTY 'MMUNITY DEVELOPMENT May 28, 2014 Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Kathy Eastley Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Ironbridge Phase II Plat Amendment Jeffrey J. Conklin Matthew L. Trinidad Patrick L. Barker Of Counsel Richard 1. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland 201 14th Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, Co 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com • Fellow of the College of Labor and Employment Lawyers •• Fellow of the American Academy of Matrimonial Lawyers Dear Kathy: Enclosed please find an Application for a Final Plat amendment Block 2 and 3 Phase II of Ironbridge excluding Lots 250, 254, 258, 259, 260, 268, 271, 274, 288, 290, and 296 also known as the Club Villas (alternatively known as under the Aspen Collection). On March 3, 2014 a Pre -Application Conference was held with you regarding this Plat Amendment. A copy of the Pre -Application Conference Summary is attached hereto. As discussed at the Pre -Application Conference, due to circumstances that the new owners do not fully understand the original plat for the Aspen Collection contained numerous lots which failed to meet the minimum square footage requirements of 4,000 square feet. In addition, lot lines were platted in somewhat odd and inefficient configurations. In order to correct these two problems the applicant is proposing an amended plat which is attached hereto. The amended plat qualifies for administrative review in that it meets all of the requirements of the Garfield County Unified Land Use Code ("GCLUDC") for Administrative Review. It is important to note that no new lots are being created by this plat amendment and that common area/open space is actually being increased by approximately 26 square feet. The attached proposed plat identifies those lots which are being affected and those which are not. No current owners other than Blue Heron Properties, LLC and the Ironbridge Property Owners Association are affected by this amendment. Also enclosed is a consent letter from the Ironbridge Property Owners Association consenting to the filing of this application. The following items are included in the application: 1. Application; 2. Agreement to pay; 3. Pre -Application Conference Summary; 4. Vesting Deed — Blue Heron Properties, LLC; 5. List of all property owners within the Ironbridge Subdivision; Karp.Neu_Hanlon Page 2 6. List of all mineral owners with the Ironbridge Subdivision; 7. Consent to Application — IPOA; 8. Statement of Authority — Blue Heron Properties; 9. Proposed Amended Plat. We have discussed the location and proposed Plat Note (Note 18) with the utility providers and they have found it acceptable to our knowledge. Should you have any questions regarding the application please do not hesitate to contact me. KJH:ap Enclosures cc: Blue Heron Properties Very truly yours, KARP NEU HANLON, P.C. Amended Plat Parcel Numbers BLOCK 2 272 239501329272 273 239501329273 275 239501329275 276 239501429276 277 239501429277 278 239501329278 279 239501329279 280 239501329280 281 239501329281 282 239501329282 283 239501329283 284 239501329284 285 239501329285 287 239501429287 289 239501429289 291 239501429291 292 239501429292 293 239501429293 294 239501429294 295 239501429295 BLOCK 3 251 239501329251 252 239501329252 253 239501329253 255 239501329255 256 239501329256 257 239501329257 261 239501329261 262 239501329262 263 239501329263 264 239501329264 265 239501329265 266 239501329266 267 239501329267 269 239501329269 270 239501329270 Common Area 239501429003 239501329002 239501329006 Karp.Neu_HAaonIon Karl J. Hanlon kih@mountainlawfirm.com June 10, 2014 Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Kathy Eastley Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Jeffrey J. Conklin Matthew L. Trinidad Patrick L. Barker Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland 201 14th Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com . Fellow of the College of Labor and Employment Lawyers •• Fellow of the American Academy of Matrimonial Lawyers Re: Ironbridge Phase II Plat Amendment Dear Kathy: Enclosed please find the requested additional materials for a Final Plat Amendment Phase II Blocks 2 and 3 of the Ironbridge Subdivision. The following items are included with the revised application: 1. Divisions of Land Application; 2. List of Assessor Parcel Numbers for each of the affected lots; 3. List of all property owners within 200 feet of the subject lots; 4. List of all mineral owners within 200 feet of the subject lots; 5. Title Commitment from Land Title regarding absence of mortgage on the property. 6. Recorded Statement of Authority authorizing Phil Weir to act on behalf of the IPOA with regards to this Plat Amendment. Additionally, I am enclosing a draft Public Notice regarding this Amendment for your review. If you have any questions regarding the application please do not hesitate to contact me. Very truly yours, KARP NEU HANLON, P.C. Kar anlon KJH:ap Enclosures cc: Blue Heron Properties, LLC Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 w ww.g a r f i e I d -c o u n tv. c o m DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision Phone: ( ) Mailing Address: 430 Ironbridge Drive • Preliminary Plan Amendment Major Subdivision E-mail: 0 Final Plat Amendment • Sketch ■ Preliminary • Final • Common Interest Community Subdivision Conservation Subdivision E-mail: kjh@mountainlawfirm.com • Public/County Road Split Exemption • Yield ■ Sketch ■ Preliminary ❑ Final • Rural Land Development Exemption • Time Extension Assessor's Parcel Number: - - - Physical/Street Address: see above INVOLVED PARTIES Owner/Applicant Name: Blue Heron Properties, LLC Phone: ( ) Mailing Address: 430 Ironbridge Drive City: Glenwood Springs State: CO zip code: 81601 E-mail: Representative (Authorization Required) Name: Karl J. Hanlon Phone: ( 970 ) 945-2261 Mailing Address: P.O. Drawer 2030 city: Glenwood Springs State: CO zip code: 81602 E-mail: kjh@mountainlawfirm.com PROJECT NAME AND LOCATION Project Name: Ironbridge PUD Assessor's Parcel Number: - - - Physical/Street Address: see above Legal Description: Ironbridge PUD Zone District: PUD Property Size (acres): Project Description Existing Use: Planned Unit Development with Golf Course Proposed Use (From Use Description of Project: Table 3-403): Minor Plat Amendment Phase II, Filings 1, 2, & 3 affecting only the Club Villas a.k.a. the Aspen Collection. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 35 Duplex Multi -Family Commercial Industrial Open Space 2 Other Total 37 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 8 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and( 14a to the best of my knowledge. Signature of Pro,. of y w e? Date OFFICIAL USE ONLY File Number: - Fee Paid: $ Lot & Parcel Numbers for Each Affected Lot Lot Number Parcel Number BLOCK 2 272 239501329272 273 239501329273 275 239501329275 276 239501429276 277 239501429277 278 239501329278 279 239501329279 280 239501329280 281 239501329281 282 239501329282 283 239501329283 284 239501329284 285 239501329285 287 239501429287 289 239501429289 291 239501429291 292 239501429292 293 239501429293 294 239501429294 295 239501429295 BLOCK 3 251 239501329251 252 239501329252 253 239501329253 255 239501329255 256 239501329256 257 239501329257 261 239501329261 262 239501329262 263 239501329263 264 239501329264 265 239501329265 266 239501329266 267 239501329267 269 239501329269 270 239501329270 Common Area 239501429003 239501329002 239501329006 Final Plat Amendment Application Ironbridge PUD, Phase II, Blocks 2 & 3 Property Owner List (within 200 ft of subject lots) NAME ADDRESS CITY STATE ZIPCODE LOT PARCEL NB ADRA, LLC '3329 DIABLO WAY CASTLE ROCK 1 CO 1 801081 65 239501429065 239501327315 239501327312 239501329258 239501329259 239501327314 2395013292501 2395013273131 2395014290731 2395014290671 2395013292711 2395014290641 2395014290761 2395014292861 2395013290071 2395013292601 2395013292681 2395014290751 2395014292881 2395013292541 2395013273161 2395014292901 2395013292741 2395013272991 2395013272981 2395014292961 2395014290631 239501429066 V) M N M 258 & 259 1 314 various 250 M M M ^ n to e -I N various .h LD tD n ID CO N I, 260 CO N til n 288 254 LO CO 290 274 299 298 tD M LD 0 LD 00 0 tD CO 33401 0 tD - CO 81601 col. tD 00 1-100 0 LO .- I 03 0 tD CO 0 tD 00 0 tD 00 78746 81623 816211 0 tD 0 tD � 00 0 tD CO 815061 81601 84158 0 tD CO 681341 0 tD CO 0 tD 00 0 tD 00 0 tD CO 0 tD CO 0 tD CO 81601-8670 1 81601 0 0 LL 0 0 0 0 0 0 X 0 0000001-0W° 0 0 0 0 0 0 GLENWOOD SPRINGS GLENWOOD SPRINGS WEST PALM BEACH GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS Z cn M a CARBONDALE 1 BASALT GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GRAND JUNCTION 1 GLENWOOD SPRINGS SALT LAKE CITY GLENWOOD SPRINGS OMAHA GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS 1 GLENWOOD SPRINGS 609 FOX RUN COURT 537 FOX RUN COURT 1555 PALM BEACH LAKES BLVD, SUITE 1100 585 FOX RUN COURT 1007 WESTBANK ROAD 4 EAGLE CLAW CIRCLE 561 FOX RUN COURT 1195 RIVER BEND WAY 1246 RIVER BEND WAY 1 3500 N CAPITAL OF TEXAS HWY APT 135 c/o FLEISHER CO. 981 COWEN DRIVE, STE B-5 1441 LEWIS LANE 1123 RIVER BEND WAY 306 BLUE HERON VISTA 1007 WESTBANK ROAD 3510 HOLLOW COURT 134 RIVER VISTA PO BOX 58924 0475 COUNTY ROAD 167 3814 N 95TH STREET 633 FOX RUN COURT 1315 RIVER BEND WAY 183 BLUE HERON VISTA 612 FOX RUN COURT 636 FOX RUN COURT 1459 RIVER BEND WAY 1438 RIVER BEND WAY 1270 RIVER BEND WAY ALCORTA, JERRY IALVAREZ, BRIAN H & CRUZ, VALERIA G ASPEN SIGNATURE HOMES OF IRONBRIDGE LLC BERRY, JENNIFER P & CAROLE DEE BLUE HERON PROPERTIES LLC BONTEMPO, WENDY & ANTHONY BRAVO, DOLORES BURT, MATTHEW & NATALIE EVERETT, ERIC & LINDSAY, JULIE GILLENWATER, CARMELAT IRONBRIDGE PROPERTY OWNERS ASSOC INC 'JOHNSON, DANIEL M & KAREN D KEACH, JAMES & KALEN KNUTSON, BRUCE C & MARY S LB ROSE RANCH LLC LENDERMAN, CAROLYN LOVE MACEACHEN, JASON J & MEGAN F MCCOY, MICHAEL P & ALYSSA A NESLO PROPERTIES LLC 'RAINWATER, LARRY R & KAREN L SALA, GRACE DE LA & HARRIES, JOEL ANDREW SARTAIN, DANIEL K & MEGHAN SIMECEK,JUDITH L TAYLOR, JANIS ANN & RODRICK PAUL WALDRON, RYAN S & ALETHEA WARREN, DARRELL W & ROLLENE WARREN, JEFFREY & LESLIE YOUNG, COLIN J & SANDRA L ar E ns z ro J Lll J LL P.O. BOX 432 J L/1 W 2 W N 0 CL c O e6 N 0 U = N 0.Y {iU as E c Ea as as m m c o a c 0 IP! Land Title GUARANTEE COMPANY WWW.LTGC C014 Customer Distribution Property Address: 982 RIVER BEND WAY, GLENWOOD SPRINGS, CO 81601 Our Order Number: GC63008784 Date: 06-10-2014 For Title Assistance GLENWOOD SPRINGS "GW' UNIT 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) tschuneman@ltgc.com Attorney for Seller KARP NEU HANLON ATTORNEYS AT LAW Attention: KARL HANLON PO BOX 2030, 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 970-945-2261 (work) 970-945-7336 (work fax) kjh@mountainlawfirm.com Delivered via: Electronic Mail Estimate of Title Fees pm Land Title Guarantee Company Land Title GUARANTEE COMPANY k WWW. LTGCCOM Order Number: GC63008784 Date: 06-10-2014 Property Address: 982 RIVER BEND WAY, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY L Wire Instructions Bank: ALPINE BANK GLENWOOD SPRINGS, CO 81601 ABA No: 102103407 Account: 1 010018 384 Please note: We do not accept ACH electronic transfers. ; *NW .1. 3 .43—va afsh,.'," It . ? 4 `?3' 4F3ft5r . Sc — , +lPrx ...7 FIR4Zi-b �' -., ..s.. ,4'.. I.,. ,i�.�m ..:�' : Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $199.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $199.00 THANK YOU FOR YOUR ORDER! - _. ._. _-•n. .:�"k.oM_1: 1'sataiSavr�-,t�=.,&..2` aC1kYn+.w t,.ifidaf kk MAY ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GC63008784 Customer Ref -Loan No.: Property Address: 982 RIVER BEND WAY, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 05-16-2014 at 17:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: PARCEL A: LOTS 68, 70, 71, 72, 74, 77, 78, 80, 86, 89, 172, 251, 252, 253, 255, 256, 257, 261, 262, 263, 264, 265, 266, 267, 269, 270, 272, 273, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 289, 291, 292, 293, 294, 295, IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE II, FILINGS 1, 2 AND 3 ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420. COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: GOLF COURSE PARCELS 3,4 AND 6 IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE II, FILINGS 1,2 AND 3 ACCORDING TO THE PLAT RECORDED JULY 19, 2006 UNDER RECEPTION NO. 702420 COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2014 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. ,91RICAN n(.nru ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: GC63008784 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. WARRANTY DEED FROM BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63008784 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460 AND RECORDED NOVEMBER 29, 1913 IN BOOK 92 AT PAGE 326. 10. RESERVATIONS AS CONTAINED IN PATENT RECORDED AND RECORDED JULY 1, 1969 IN BOOK 402 AT PAGE 587. 11. MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 2, 1884 IN BOOK 7 AT PAGE 115 AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN BOOK 521 AT PAGE 468. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63008784 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER 09, 1998 IN BOOK 1087 AT PAGE 862. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN BOOK 1102 AT PAGE 643, AND AGREEMENT RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 980. 15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 911. 16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 922. 17. TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 18. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 629 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 637, AND AMENDED IN INSTRUMENT RECORDED NOVEMBER 14, 2000 IN BOOK 1217 AT PAGE 266, AND AMENDED IN INSTRUMENT RECORDED FEBRUARY 20, 2002 IN BOOK 1330 AT PAGE 418 AND AMENDED IN INSTRUMENT RECORDED MARCH 1, 2002 IN BOOK 1333 AT PAGE 855, AND AMENDED IN INSTRUMENT RECORDED JUNE 16, 2004 IN BOOK 1596 AT PAGE 871. 19. TERMS, CONDITIONS AND PROVISIONS OF PRE -INCLUSION AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640. 20. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 18, 2003, IN BOOK 1447 AT PAGE 884 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004, IN BOOK 1646 AT PAGE 3, FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283 AND AMENDED IN INSTRUMENT RECORDED AUGUST 3, 2007 UNDER RECEPTION NO. 729973. 21. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734. 22. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748. 23. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780. 24. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745. 25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, CORRECTION RESOLUTION NO. 2004-26 RECORDED MARCH 2, Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63008784 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 2004 IN BOOK 1565 AT PAGE 600. 26. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE PLAT RECORDED JUNE 16, 2004 UNDER RECEPTION NO. 654210. 27. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE 950. 28. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE FINAL PLAT OF PHASE 11 RECORDED JULY 19, 2006 UNDER RECEPTION NO. 702420. 29. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 269. 30. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 264. 31. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 250. 32. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 03, 2007 UNDER RECEPTION NO. 729974. 33. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF DECLARANT RIGHTS RECORDED AUGUST 30, 2013 AT RECEPTION NO. 840145. 34. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-14 RECORDED MARCH 25, 2014 AT RECEPTION NO. 847515. 35. EASEMENTS AND RIGHTS OF WAY AS GRANTED BY INSTRUMENT RECORDED APRIL 10, 2014 UNDER RECEPTION NO. 848042. GUARANTEE COMPANY WWW. LTGC. COM JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Pig Land Title GUARANTEE COMPANY WWW.LTGC.COM LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time 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 Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's 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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owners policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), 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 of 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 policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder 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. 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. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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 Schedule 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 such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage”, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule Afor the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or 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 www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-850-4165 c Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 o- Mark Bilbrey President Rande Yeager Secretary AMERICAN LAND TITLE ASSOCIATION Land Title GUARANTEE COMPANY WWW.ITGC. COM INVOICE Land Title Guarantee Company 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 KARP NEU HANLON ATTORNEYS AT LAW KARL HANLON PO BOX 2030 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 Invoice Number: GWS -3967 63008784 982 RIVER BEND WAY GLENWOOD SPRINGS 81601 A Buyer To Be Determined Order Number: Property Address: Buyer/Borrower: Your Reference Number: Our Order Number: Our Customer Number: Invoice Requested by: Invoice (Process) Date: Transaction Invoiced By: Email Address: Reference TBD Commitment - 63008784 GWS -3967 8838.3 KARL HANLON June 09, 2014 Web Services invoicing@ltgc.com Date: June 09, 2014 Invoice Charges Service: TBD Commitment Ref: 63008784 Addr: TBD Party: BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $199.00 $199.00 $0.00 $199.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1, Please reference Invoice Number GWS -3967 on your Payment invoice.odl 14420 07(2015 0713011311:06:43 AM Page 1 849973 06/09/2014 10:50:08 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded € ecording requested by: After recording return to: Karl J. Hanlon Karp Neu Hanlon PC 201 14th Street, Suite 200 Glenwood Springs, CO 81601 (970) 456-3457 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named the fronbridge Property Owners' Association, and is executed on behalf of the entity pursuant to the provisions of Section 313-30- 172, C.I.S. 2. The type of entity is a Nonprofit Corporation. 3. The entity is formed under the laws ofthe of Colorado: 4. The mailing address for the entity is: 1512 Grand Avenue, ##1.09, Glenwood Springs CO 81601. S. The name and position cif the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Phil 'Weir in his capacity as President of the Ironbridge Property Owners' Association. 6. The authority of the foregoing person to jointly bind the entity is limited to the following: (a) consent to the submittal of an amended Plat Application by Bine 'Heron Properties, LLC for Phase 1`l, flings 1, 2, & 3 to adjust lot and common area boundaries (but not reducing the amount of common areas) and to make technical corrections to bring the Plat into conformance with applicable zoning regulations; and (h) signing the Final Aaxaended Plat. 7. Other matters concerning the manner in which the entity deals with interests in real property: NONE This Statement: of .Authority is signed and made effective as of the date it is signed and recorded. Ironbridge Property Owners' Association By:��^ <. »,.� Date: t Phil Weir, ats President State of Colorado County of Garfield ) ) 1:1tc foregoing instrument waS ac:.knowle iged before me this ',C42.day of .7.570,52,„„_ 2014, by Phil Weir as President of the Ironbridge Property Owners' Association, Witness my hand and official seal: My commission expires: ac) ANGELUQt1E PETTERSON Notary Public State of Colorado Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Blue Heron Properties, LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Administrative PUD Amendment 2, The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved In processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: John Young Billing Contact Address: 430 Ironbridge Drive City: Glenwood Springs Phone: ( 970 ) 384-0630 Billing Contact Email: jyoung@ironbridgeclub.com Printed Name State: CO Zip Code: 81601 thorized to Sign: John Young (Dat ) Garfield County Community Development Department 108 8"' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.ga 'field -eon n ty.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER:Multiple DATE: February 27, 2014 OWNER: Primarily Blue Heron Properties, LLC REPRESENTATIVE: Karl Hanlon — Karp Neu Hanlon PRACTICAL LOCATION: Ironbridge PUD, Phase II, Filing 1, 2, 3 TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION Applicant seeks to amend the final plat for these lots to bring them into compliance with the PUD requirement of 4,00o square foot minimum lot size. Some of the deficient lots require expansion for construction of the neighborhood which in tum will affect a majority of the lots in this area. Applicant should provide necessary information regarding any easements that may be affected by the proposed amendment — this would include letters from the utility companies or demonstration that drainage would be unaffected by the proposed changes. The multiple property scenario will require letters of representation from affected owners as well as deeds demonstrating ownership of the property. A recorded Statement of Authority for Blue Heron will also be required. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County 2013 Unified Land Use Resolution, as amended - Sections: Article IV — Administrative Process 4-103 and Common Requirements 4-101 Article V - Subdivision 5-305 and Submittal Requirements Division 4 Application Form; Agreement to Pay Form; Proof of Ownership (Deeds); Letter of authorization if applicant is to be represented by a professional; Names and Mailing addresses of properties within zoo'; Copy of Pre -application summary; Project description, including easement information; Amended Plat. 1 III. REVIEW PROCESS The process to accommodate these requests shall require submittal of an Amended Final Plat to be reviewed by the Administrative Process pursuant to the 2013 Land Use and Development Code, as amended (LUDC),. A. Pre -application Conference. B. Application Submittal (three paper copies and one CD of submittal documentation). C. Determination of Completeness. D. Schedule Director decision date, provide documentation regarding notice requirements for Applicant to comply with code requirements. E. Additional Copies requested and sent to referral agencies. F. Evaluation by Director/Staff resulting in a Staff Report. G. Director issues decision regarding approval, approval with conditions or denial. H. io-day call-up period to Board of County Commissioners. I. If no call-up then plat can be signed by Board and recorded. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-lol.E. Referral will be sent to the following agencies: ➢ Ironbridge HOA and County Surveyor VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 100.0o Plus any additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ (County surveyor review, per hour rate) Total Deposit: $ 100.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. 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. This summary does not create a legal or vested right. Pre -application Summary Prepared by: athy Ea1C 2 3ID te 840142 08/30/2013 04:59:58 PM Page 1 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31,00.. Doc Fee: $322.00 eRecorded SPECIAL WARRANTY DEED J G f !9 w° THIS DEED is dated August 30, 2013, and is made between LB ROSE RANCH LLC, a limited liability company duty organized and validly existing under and by virtue of the laws of the State of Delaware (the "Grantor"), and BLUE HERON PROPERTIES, LLC, a limited liability company duly organized and validly existing under the laws of the State of Colorado (the "Grantee"), whose legal address Is 24398 Highway 82, PO Box 620, Basalt, Colorado, Whereas, on September 15, 2008 and periodically thereafter, Lehman Brothers Holdings Inc. ("LBHI") end certain of its affiliates, Including Grantor (collectively, the "Debtors"), commenced voluntary cases (the "Chapter 11 Cases") under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). Whereas, on December 6, 2011, the Bankruptcy Court entered an order (the "Confirmation Order") confirming the Modified Third Amended Joint Chapter 11 Plan of Lehman Brothers Holdings Inc, and Its Affiliated Debtors (the "Plan"). The Plan became effective on March 6, 2012. Whereas, pursuant to the Plan and the Confirmation Order, LBHI was appointed as "Plan Administrator" on behalf each of the Debtors and directed to, among other things, wind -down, sell and otherwise liquidate the assets of each of the Debtors. WITNESS, that the Grantor, for and In consideration of the sum of THREE MILLION TWO HUNDRED TWENTY THOUSAND DOLLARS, ($3,220,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado, described In Exhibit A attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywlse appertaining, the 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 and the Grantee's heirs and assigns forever. The Grantor, for itself and Its successors and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, iri the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to the matters described In Exhibit B attached hereto. THIS SPECIAL WARRANTY DEED 13 BEING DELIVERED IN CONNECTION WITH A CONFIRMED PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE. PURSUANT TO SECTION 1146(a) THEREOF AND THE TERMS OF SUCH PLAN, NO DOCUMENTARY STAMP TAXES ARE DUE IN CONNECTION WITH THIS SPECIAL WARRANTY DEED U 3_A C T1 V E:144316 0101316 ! 130 0,003 0 SPECIAL WARRANTY DEED THIS DEED is dated August 30, 2013, and is made between LB ROSE RANCH LLC, a limited liability company duly organized and validly existing under and by virtue of the laws of the State of Delaware (the "Grantor"), and BLUE HERON PROPERTIES, LLC, a limited liability company duly organized and validly existing under the laws of the State of Colorado (the "Grantee"), whose legal address is 24398 Highway 82, PO Box 620, Basalt, Colorado. Whereas, on September 15, 2008 and periodically thereafter, Lehman Brothers Holdings Inc. ("LBHI") and certain of its affiliates, including Grantor (collectively, the "Debtors"), commenced voluntary cases (the "Chapter 11 Cases") under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). Whereas, on December 6, 2011, the Bankruptcy Court entered an order (the "Confirmation Order") confirming the Modified Third Amended Joint Chapter 11 Plan of Lehman Brothers Holdings Inc. and Its Affiliated Debtors (the "Plan"). The Plan became effective on March 6, 2012. Whereas, pursuant to the Pian and the Confirmation Order, LBHI was appointed as "Plan Administrator" on behalf each of the Debtors and directed to, among other things, wind -down, sell and otherwise liquidate the assets of each of the Debtors. WITNESS, that the Grantor, for and in consideration of the sum of THREE MILLION TWO HUNDRED TWENTY THOUSAND DOLLARS, ($3,220,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado, described in Exhibit A attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the 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 and the Grantee's heirs and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to the matters described in Exhibit B attached hereto. THIS SPECIAL WARRANTY DEED IS BEING DELIVERED IN CONNECTION WITH A CONFIRMED PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE. PURSUANT TO SECTION 1146(a) THEREOF AND THE TERMS OF SUCH PLAN, NO DOCUMENTARY STAMP TAXES ARE DUE IN CONNECTION WITH THIS SPECIAL WARRANTY DEED US_ACTI V E:14431691613156399.0030 6300 7100 IN WITNESS WHEREOF, the Grantor has hereunto executed this Special Warranty Deed as of the day and year first above written. LB Rose Ranch LLC, a Delaware limited liability company By: Lehman :rothers Holdings Inc., a Delaware co orttioy1, as Plan Administrator ..) [Signature Page to Ironbridge Special Warranty Deed — Golf Course, Homesites, Land] STATE OF NEW YORK )ss County of 4J.1� y0i� ) Theigregoing i strument was acknowledged before me thisc9 day of 2013, by ---,le)? { , as ,AU'1'HORILED SIGI\A!OItY of Lehman Brothers oldings Inc., as Plan Administrator fot LB Rose Ranch LLC, a Delaware limited liability company (the "Company"), on behalf of said Company. Witness my hand and official seal. My commission expires: pEANNA EMILIO Notary PutAlo, State of New York No. 01EM6171082 Qualified In New York Coun Term Expires July 23, 2016 Notary Public [Acknowledgment to Signature Page to Ironbridge Special Warranty Deed — Golf Course, Homesites, Land] EXHIBIT A Legal Description PARCEL A Lots 68, 70, 71, 72, 74, 77, 78, 80, 86, 89, 172, 247, 248, 251, 252, 253, 255, 256, 257, 258, 259, 261, 262, 263, 264, 265, 266, 267, 269, 270, 272, 273, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 289, 291, 292, 293, 294 and 295, Ironbridge Planned Unit Development, Phase II, Filings 1, 2 and 3, according to the plat recorded July 19, 2006, under Reception No. 702420, County of Garfield, State of Colorado PARCEL B Golf Course Parcels 1, 2, 5 and 7, Amended and Restated Final Plat of Ironbridge Planned Unit Development Phase I, according to the plat recorded July 16, 2004 under Reception No. 654210, County of Garfield, State of Colorado Golf Course Parcels 3, 4 and 6, Ironbridge Planned Unit Development Phase II, Filings 1, 2 and 3 according to the plat recorded July 19, 2006 under Reception No. 702420, County of Garfield, State of Colorado PARCEL C FUTURE DEVELOPMENT PHASE III PARCEL AS DEPICTED ON THE AMENDED AND RESTATED FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE I, ACCORDING TO THE PLAT RECORDED JULY 16, 2004 UNDER RECEPTION NO. 654210, COUNTY OF GARFIELD, STATE OF COLORADO EXHIBIT B Permitted Encumbrances 1. All covenants, easements, restrictions and other matters of record. 2. Taxes and assessments for the year 2013 and subsequent years. 3. Existing unrecorded leases and other residency or occupancy agreements and all rights thereunder of the lessees, tenants or other occupants and of any persons claiming by, through or under the lessees, tenants or other occupants. 4. All zoning regulations. The Ironbridge Property Owners Association (IPDA) consents to the filing of an Amended Plat Application for Phase 2 of Ironbridge by Blue Heron Properties, LLC which affects common space/open space controlled and owned by the IPDA. By: Phil Weir, Board President 11-1,4"0114,, G:Mudi41.1401ri 11111 Reception#: 847509 03/25/2014 1 1.08:25 AM Jean Alberico 1 of 2 Rec Fee$16 00 Doc Fee:O 00 (1ARFIELD COUNTY CO Document prepared by: After recording return to: Karl I lanlon Karp Neu Hanlon PC 201 14th Street, Suite 200 Glenwood Springs, CO 81601 RECEIVED MAR 3 1 2014 KARP, NEU, HANLON, P.C. STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named Blue Heron Properties, LLC (the "Company"), and is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. 2. The type of entity is a Limited Liability Company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is: 430 Ironbridge Drive, Glenwood Springs, CO 81601. 5. The managers named below are jointly authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity. Blue Heron Property Management, LLC by its Managers, John Young and CLM Blue Heron, LLC 6. The authority of the foregoing managers to jointly bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: No other matters or restrictions or limitations. Signature page follows immediately 1 of 2 H11161r.L 71NFROF GI', t111.% 1'.i1' 11111 ception#: 847509 03/25/2014 11:08:25 AM Jean Alberico 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO Executed this day of 1'VA , 2014. Blue Heron P e ies, LLC by: BI rty Management, LLC by John Young its Manager and by: Blue Heron Property, LLC ►, e Heron Property Mai ement, LLC, y CLM Blue Heron, LLC, by James W. Light, its Manager STATE OF COLORADO COUNTY OF GARFIELD ] //ss The foregoing instrument was acknowledged before me this/'clay of , 2014, by Blue Heron Properties, LLC, by and through its Managers Blue Heron Property Management, LLC, by John Young its Manager. Witness my hand and official seal: My commission expires: 9 STATE OF COLORADO COUNTY OF GARFIELD ] //ss The foregoing instrument was acknowledged before me this 04 S�day o 4 ac 2014, by Blue Heron Properties, LLC, by and through its Manager Blue Heron Property Management, LLC, by and through its manager, CLM Blue Heron, LLC by James W. Light its manager. Lit Notary Public MARIANNE MCGARRY Notary Public State of Colorado Witness my hand and official seal: 9f9//5' My commission expires: MARIANNE MCGARRY Notary Public State of Colorado 2 of 2 -1AL Gtic-aw.ne`%, Notary Public Notary Public