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Home My WebLink About1.0 ApplicationWEST PLANNING I LANDSCAPE ARCHITECTURE I DEVELOPMENT SERVICES August 27, 2010 Kathy Eastley, AICP Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Via Email: keastley@garfield-county.com RE: TCI Lane Ranch -Request for PUD Amendment Dear Ms. Eastley, On behalf of TCI Lane Ranch, LLC, I would like to request an amendment to the current Planned Unit Development approvals for TCI Lane Ranch (Resolution 2009-81). This request is being made consistent with our discussions during our pre-application meeting on August 19, 2010. During the initial planning for TCI Lane Ranch, the project partners included five (5) employee housing lots over and above the required nine (9) affordable housing units to be administered by the Garfield County Housing Authority. The intention of these five voluntary lots was to provide for the current owner's management and control of the eventual units as employee housing for workers employed in the owner's businesses. While these lots and eventual units were not required by Code, it was the intention of the ownership to restrict these lots/units in a manner that would be generally consist~nt with those units that would fall under the administration of the Housing Authority. During the initial planning and design phases for TCI Lane Ranch in 2006 and 2007, the housing market bore a much different resemblance than that of today. Our financial analyses during that timeframe determined that the five additional restricted lots could be partially subsidized by the sale of free market lots within the community. This is no longer the case. Current economic and market conditions have encumbered our team with the challenges of maintaining a viable project in the face of continually declining real estate market values and sale prices. We have been forced into a position where we must examine all reasonable cost-reducing measures in order to help ensure the economic feasibility of TCI Lane Ranch. 345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 I 970.963.1521 Page 1of2 This request entails the modification of the designated "Class" for each of the five lots. The general result would be a conversion from "affordable" status to "free market" status for each of the five lots on the PUD Site Plan. No other changes to the PUD Guide, maximum allowable floor area or lot area/platting would be required. A detailed summary of this request is as follows: Lot Classification Amendments Current Description Class Description Duplex Affordable 1 Duplex Duplex Affordable 1 Duplex Single Family Affordable up to 2600sf 2 Single Family up to 2600sf Single Family Affordable up to 2600sf 2 Single Family up to 2600sf Single Family Affordable up to 2600sf 2 Single Family up to 2600sf The individual owners ofTCI Lane Ranch, LLC remain highly committed to the successful implementation of this community, and respectfully request the cooperation of Garfield County in helping to make this vision a reality. Please contact me with any questions or to request additional information. Thank you in advance for your consideration of this request. Sincerely, LANDWEST Jon Fredericks, ASLA Project Manager for TCI Lane Ranch Cc: Fred Jarman, Garfield County E. Michael Hoffman, Garfield and Hecht, P.C. David Marrs, Geronimo Ventures, LLC Att: Planned Unit Development -Site Plan (Revised August 2010) (This plan may be printed at full size, 30x42" to achieve the published scale of 1"-100') 345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 I 970.963.1521 Page 2 of 2 Att: Exhibit A-Application Form Exhibit B -Planned Unit Development -Site Plan (Revised August 2010) (This plan may be printed at full size, 30x42" to achieve the published scale of 1"-100') Exhibit C -Letter of Authorization Exhibit D -Statement of Authority Exhibit E -Adjacent Parcels Map Exhibit F -List of Adjacent Property Owners Exhibit G-Title Commitment 345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 I 970.963.1521 Page 3 of 3 GARFIELD COUNTY • Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 · www.garfield-county.com D PLANNED UNIT DEVELOPMENT (PUD) l:B.1 PUD Amendment (Check the Appropriate box above) GENERAL INFORMATION (Please print legibly) ~ Name of Progerty Owner: TCI Lane Ranch, LLC ~ Mailing Address: 401 Tree Farm Drive Telephone: (_) ~City: Carbondale State: CO Zip Code: 81623 Cell: (_) ~ E-mail address: FAX:(_) ~ Name of Owner's Regresentative, if any, (Attorney, Planner, Consultant, etc}: ~ Jon Fredericks; LANDWEST ~ Mailing Address: 345 Colorado Ave. Suite 106 Telephone: ~ 963-1521 );;>-City: Carbondale State: co Zip Code: 81623 Cell:(___) ~ E-mail address: jon@LANDWESTcolorado.com FAX:(_) ~ Property Parcel ID 239131100033 ~ Existing Property Zone District: PUD ~ Existing Comprehensive Plan Designation: Residential High Density ~ Proposed Zone District: PUD ~ Purpose for the proposed rezoning to Planned Unit Development: N/A Last Revised 12112/08 includes vp to 506 off·sfroot parking 5poc<.is o. 9'4 Acre CommunilV Soler form 32...0 Acres Conservotloo EOJOment Open Spocc 36.59 Acres .. com~~i~ '?~~~ s~~e -100..u: Acres .!~• .... ; Non-Residenliol Floor Space 14$0$F 6.'iOSF 250SF 2350 SF Community Ce:ntel"' Exio;ting Rnnch Cabin Pre~erJP.!d ~!~tl.ng Log Shed Prescr11e<:f total Community Amenities • Community Center - -1.3 Miles of trails - • I Ac.re c.ommvnity pork - -Commur.ity garden$ - • Fedestrk:rn bridge to Rio 01on~ Tr(,:.li' - -8 Parking spaces for fl6hermon or-d \roil OCC$SS - -300 !Olowott solar lorm ~ -Centfol mailboxes • lot Classification Table LotCkHI Quantity 0=:;~':. DeserlpHcn 12 1900SF Duplex 1 {A) 1900SF-Duplex Affon:iob·e 13 260DSF Sing:.,, Ft'.H't"'l~Y "21AJ 2600SF Sir,gla Family Aftordobl<e 38 3000SF Sing~e fomijy 17 55COSF Sing:e Fnm~y Total .. Neighbq_rhood Composition Matrix I ol Lois per Nelghbofhood lo!Clou O'C> e (i) G G 15 February 1, 2010 Kathy Eastley, AICP Garfield County Building & Planning 108 8th Street, #401 Glenwood S~rings, CO 81601 401 Tree Farm Drive Carbondale, Colorado 81623 970.963.5696 Via Email: keastley@garfield-county.com RE: TCI lane Ranch, llC: letter of Authorization Dear Ms. Eastley, This letter grants authorization to Jon Fredericks of landWEST Colorado, llC (dba landWEST) to submit various land use applications, and to represent TCI lane Ranch, LLC throughout various land use review processes with Garfield County. Sincerely, TCI lane Ranch, LlC William N. lane Trust dated July 30, 1969 FBO Andrew N. lane, Member By: __ A_n ..... d~"""'re-r ..... La-te"""'e.A~'"""~~ ...... 1v.-;~-so;_te_e_ Cc: Jon Fredericks, landWEST Dave Marrs, Geronimo Ventures ------------~--~-···--·· .. -·--·····-······--···-·--·-·---.. ··-··-.... ··-·-·-· 760720 12/29/2008 04:29:14 PM Page 1 of 1 Jean Alberico·, Garfield County, Colorado Rec Fee: $6.00 Doc Fee:-$0.00 eRecorded !" EX,HlBIJ'P -) !_ Statement of Authority (Se_ction 38-30-172,-C.R.S.) l. TI1is Statement of Authority relates to an enti~ named:TCI Lane Ranch, a Colorado limited liability company 2 .. The type of Entity is a: -1 · _· _ corporaqo11 1 1 _registered ~ited-JlabilitY partnership _ nonprofit corporation _ registered limited liability limited partnership _x limited liability company ! _limited partnership association _-general pa~ership I _ government or governmental subdivision-or agency _ limited.par~1ership : trm.t 3. The entity is formed undef the law~ ~fthe State of Colorado. _ . . . l . 4. The mailing_ad_dress for the entity \s: _40 l Tree Farm Drive, Carbondale, Colorado 81623. . ! 5. The name of the pel'son ~uthorized tO execute instr~ents conveying, encumbe~.in& or o~ei-wise affecling title to real property on behalf of the entity is: An~rew·N. ("Ace") Lane as Co-Trustee of the William ?'J'. Lane Trust dated July 30, 1969 FBO Andre\v N. Lane . J' - -. 6. The authority of the foregoing.pei on 1~ bind the entity ·is not limited. I . 7. Otll.er matters concerning the manner in which the entity deals with interests in real property: s.· This Statement of Authority is executed on behalf of the entity pw'Sllant to the_ provisions of Section 38-30-J 72, C.R.S. 9. 111is Statement of ,Authority amencls and supersedes in all respects any prior Statement _of ~uthority executed on behalf of the entity. - -~~utE:d this 'z. ) day of Deceinber, 2008. .. -.· Name; TCI LANE RANCH, LLC a Col_orado limited liability" company By: William N. Lane Trust dated .luly 30, 1969 FBO AndJ:ewN._I,ane, Member By:.~~ -Andrew: Co-Trl.IStee STA TE OF COLORADo ) <: h. ,a/; ) SS. COUNTYOP LT~ ) . -_-_ -• --.. - ·The fqregoing instrument was.acknowledged before me th~ day of Deeember, 2008, by A11qrew N. Lane, as Co- Trustec f~rthe William N. Lane Trust<;fated July 30, 1969 FBO A~drew N. Lane as Mem~rofTCI Lane Ranch, LLC .. WJTNESS my hand and official seal. My commission expires: -7--1-:<;'> 9 I. -·--.. ····-·-re.-.. __ ·-... ~~~:}~~=::::c'c':':' ~ --------- c;;,y I { ~~-:--1 Ii /ll~:~~"'"'-"'~0"'-'::: ~~!Jr) ~) --J~j/~! {. // I (:i») / h' / ;-1.. ______ i <'/ ~ l, 7'* !~ r: I j \ ,,;{ _ // ~-~~,-~~.:.<,~,l, .. '·~1~~-,; ---=~-~~~~,:~-.. -. // ' 1i~ A / i. N 0 A D f?. O. ~---·------·t=-:.. _______ _ ----------------··--·--··--···----- TCI Lane Ranch .. Adjacent Parcels Map ;::591···29 Not To Scale Source: Garfield County GIS PROPERTY OWNERS WJ!H!N 200' OF JC! LANE BANCH GIANNELLI VICTOR A & JANEE 87 GAMBLE OAK WAY 3BCR 67 GAMBLE OAK WAY CARBONDALE 81623 (970) 963-9787 239131120003 DIDIER • JEFFERY & CORY 81 GAMBEL OAK WAY 4BCR 81 GAMBEL OAK WAY CARBONDALE 81623 (970) 704-0371 239131120004 BONSAI COMMUNITIES, LLC 63 PINON LN 5BCR 401 TREE FARM DRIVE CARBONDALE 81623 (970) 963-5696 239131120005 EVANS KENDALL & JUDITH K 45 PINON LN 6 BCR 45 PINON LN CARBONDALE 81823 (970) 963-0809 239131120006 BAYENS SCOTT 33 PINON LN 7 BCR 33 PINON LANE CARBONDALE 81823 (970) 963-6226 239131120007 ENZER JOSEPH E 29 PINON LN 8 BCR 29 PINON LN CARBONDALE 81623 (970) 963-6370 239131120008 JOHNSON JOHN B 23 PINON LN 9 BCR 23 PINON LN CARBONDALE 81623 (970) 704-0499 239131120009 BLATZ JOHN & DARYL 11 PINON LN 10BCR 11 PINON LN CARBONDALE 81623 (970) 963-4772 239131120010 FLYNN BRIAN C & LISA A 245 PONDEROSA PASS 15BCR 549 EVANS CT BASALT 81621 (970) 963-3805 239131120015 NORMAN RONALD R & MARIAN C 265 PONDEROSA PASS 16BCR 808 ROARING SPRINGS RD FT WORTH, TX 76114 (817) 738-6881 239131120016 KAHN CYNTHIA & STEVEN MARKER 277 PONDEROSA PASS 17BCR 277 PONDEROSA PASS CARBONDALE 81623 (970) 963-3665 239131120017 KOBA, LLC 291 PONDEROSA PASS 18 BCR 1100 B RIVERSIDE ROAD ABBOTSFORD, BC VZS7P1 239131420018 ANDERSEN PAUL EGON 301 PONDEROSA PASS 19 BCR 301 PONDEROSA PASS CARBONDALE 81623 (970) 963-2282 239131420019 ANSLYN RYAN & BRIDGETTE 313 PONDEROSA PASS 20BCR 409 COTTONWOOD DRIVE BASALT 81621 239131420020 CHARTERS JOHNC&AMY F 270 BRISTLECONE DR 23 BCR 270 BRISTLECONE DR CARBONDALE 81623 (970) 704-0294 239131420023 BLUE CREEK RANCH, LLC CIO COLLEEN ROSE 236 BRISTLECONE DR 24BCR 1239 BEMBRIDGE ROCHESTER HILLS, M 48307 239131420024 BICKLEY ANN BURNS 30 PINON LN 40BCR 30 PINON LN CARBONDALE 81623 (970) 963-4416 239131120040 WARNER CAROL 40 PINON LN 41BCR 40 PINON LN CARBONDALE 81623 (970) 963-9411 239131120041 THURMAN GWEN ELIZABETH 64 PINON LN 42BCR 64 PINON LN CARBONDALE 81623 (970) 963-9474 239131120042 DENTON KEVIN F & LYNELLE G 60 PINON LN 43BCR 60 PINON LN CARBONDALE 81623 239131120043 BLUE CREEK RANCH HOA BRIAN FLYNN BLUE CREEK HOA TRACTS 2,3,4,5 NO 24 105 PONDEROSA PASS CARBONDALE 81823 (970) 309-2425 239131120050 LADA 2005 COMMUNITY PROPERTY TRUST U/A/D 11/30/05 MULKEY, DAVID A & LAURA A ENGLUND-MOORE SUB. 2EM 2860 AUGUSTA DRIVE LAS VEGAS, NV 89109 239132201002 ASPEN WALDORF FOUNDATION 16543 HIGHWAY 82 16543 HIGHWAY 82 CARBONDALE 81623 (970) 963-1960 239132200003 CATHERINE COURT, LLC C/O DREAGER, EDWARD E 16059 HIGHWAY 82 CATHERINE COURT 44 HOOKS LN # 16 BASALT 81821 (970) 927-3996 239131100012 DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO UTILITIES & PARKING 4201 E ARKANSAS AVE DENVER, CO 80222 239131120049 BUREAU OF LAND MANAGEMENT GWS FIELD OFFICE 50629 HWY 6 & 24 GLENWOOD SPGS 81801 (970) 947-2800 ROARING FORK TRANSPORTATION AUTHORITY RAILROAD ROW 530 EAST MAIN STREET ASPEN 81822 (970) 384-4981 239131300029 ROARING FORK TRANSPORTATION AUTHORITY RAILROAD ROW 530 EAST MAIN STREET ASPEN 81822 (970) 384-4981 239132300051 CERISE OSCAR & WILMA ALONG HIGHWAY 82 1,5,8,9,10 0086 COUNTY ROAD 104 CARBONDALE 81623 239131100013 SNOW COUNTRY INVESTMENTS II, LLC 16704 HIGHWAY 82 4 3940 SOUTH MARIPOSA STREE ENGLEWOOD, CO 80110 239129300082 ~ land Title li UAflANTU t.OWANl' Date: 05-14-2008 Property Address: Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: GTF63002778-2 250702 CARBONDALE, CO 81623 U you have aoy inquiries or require further assistance, please contact one of the numbers below: ALPINE BANK, BASALT/WILLITS •tMX• 711 EAST VALLEY RD #IOI BASALT, CO 81621 Atm: CHRISTINE BOSTICK Phone: 970-704-3172. Fax: 970-927-3708 Coples: 1 EMail: chrlstlneboslick@alplnebank.com Linked Commillllent Delivery For Dtlt Assfstam:e: Glenwood Springs Title "GTF" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 ·---·------------------------ Report Date: 05/0912008 04:09PM GARFIELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page:1 CERT#: 2008002029 SCHEDULE.NO: R043721 ASSESSED-TO: TCI LANE RANCH, LLC 19351 HIGHWAY 82 CARBONDALE, CO 81623 LEGAL DESCRIPTION: ORDER NO: 63002778 VENDOR NO: 4 · LAND TITLE 1317 GRAND AVENUE SUITE 200 GLENWOOD SPRINGS, CO 81601 SECT,TWN,RNG:31-7-87 DESC: A TRACK OF LAND IN LOTS 8, 9 & 100F SEC 31 AND LOTS 5 & 13 IN SEC 32 .. PRE:R111311 BK:905 PG:772 BK:257 PG:110 81<:0518 PG:0415 81<:0282 PG:0447 RECPT:739330 BK:1838 PG:337 RECPT:705846 BK.:1838 PG:333 RECPT:705845 BK:0887 PG:0640 .BK:0840 PG:0224 BK:0828 PG:0822 BK:0669 PG:0874 PARCEL: 2391-311-00-033 SITUS ADD: HIGHWAY 82 CARBONDALE TAX.YEAR 2007 CHARGE TAX TOTAL TAXES TAX AMOUNT 1,794.28 INTEREST FEES PAID 0.00 . 0.00 1,794.28 TOTAL DUE 0.00 O.DO GRAND TOTAL DUE AS OF 06/09/2008 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 011 • 1R·MF Authority Mill Levy AmoWlt GARFIELD COUNlY 6.825 201.27 CARBONDALE FIRE 5.944 175.29 BASALT WATER CONSER 0.055 1.62 COLO RIVER WATER CONS 0.191* 5.63 SCHOOL DISTRICT RE-1 25.713 758.29 COLORADO MTN COLLEGE 3.997 117.87 GARFIELD ROAD & BRIDGE 2.300 67.83 GARFIELD HUMAN SERVICES 0.260 8.26 GARFIELD CAP EXPEND 4.250 125.33 SCHOOL DISTRICT RE-1 BOND 8.533 251.64 CARBONDALE FIRE BOND 1.755 51.76 GARFIELD COUNTY PUBLIC LIBRARY 1.000 29.49 Values LAND IMPS TOTAL· FEE FOR THIS CERTIFICATE 10.00 Actual 10,670 324,480. 0.00 Assessed 3,150 26,340 -------- 335,350 29,490 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMIITANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES· SEPTEMBER 1, 2008, REAL PROPERTY.· OCTOBER 1, 2008 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH lliE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not Include land or Improvements assessed under a separate account number, personal property taxes, lransfer tax or misc. tax collected on behalf of other entitles, special or local improvement district assessments or moblle homes, unless specifically mentioned. I, the undersigned, do herebY certify that the entire amount of taxes due upon the above deec~bed parcels of real property and all outstanding sales for unpaid taxes as shown by the records In my office from which may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set nd· and ea! this 09th day of May, 2006. TREASURER. GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY_,..~~~--:t----------- . P. 0. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 ALTA COMMITMENT SCHEDULE B-1 (Requirements) Our Order No. GTF63002778-2 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest lo be insured. Proper instrumenl(s) creating the estate or interest 'to be i11S11Ced must be executed and duly filed for record, to-wit: DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUIHORIJY SETTING FORTH THE _\,\n'J NAME OF TCI LANE RANCH. LLC AS A LLC. THE STATEMENT OF AUTHORITY MUSI (\CJ'· STATE UNDER WHICH LAW$IHE ENTITY WAS CREATED. THE.MAILING ADDRESS OF THE ')e_ b---\,\ ENTITY. AND THE NAME AND POSITION OF THE PERSON(Sl AUTHORIZED TO EXECUTE \)J'r :-< '\ INSTRUMENTS CONVEYING. ENCUMBERING. OR OTHERWISE AFFECTING TITLE TO REAL XI"\ . 0 )$" PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE -\ v (<. '-' PROVISIONS OF SECTION 38-30-172. CRS. ~ ~ / I NQTE: SAID STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. DEED OF TRUST FROM TCI LANE RANCH, LLC TO THE PUBLIC'TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $3,000,000.00. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. FORM 100 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING./ --·· --· ... --·---------.. ------------..., Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GTF63002778-2 Schedule A Cust. Ref.: Property Address: 250702 CARBONDALE, CO 816Z3 1. Effective Date: April 11, 2008 al 5:00 P.M. 2. Pollcy to be Issued, and Proposed Insured: "ALTA" Loan Policy l0-17-92 $3,000.000.00 Proposed Insured: ALPINE BANK. ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the Land descnbed 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: TCI LANE RANCH, LLC 5. The Land referred to in tills Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: GTF63002778-2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 13 OF SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO. LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD STATE HIGHWAY 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION BEARS N 26 DEGREES 00' 43" E 1433.52 FEET; THENCE S 79 DEGREES 58' 52" E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE NORTHWESf CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: S 04 DEGREES 55' 00" W 461.90 FEET; THENCE S 01 DEGREES 00' 00" E 861.25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ROARING FORK TRANSIT AUTHORITY RAILROAD RIGHT OF WAY; THENCE 169.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC OF A 1565.69 FOOT RADIUS CURVE TO THE LEFf, THE CHORD OF WHICH BEARS S 54 DEGREES 32' 43" W 169.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13; THENCE N 89 DEGREES 54' 14" W 651.37 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE S 00 DEGREES to' 37" E 354.80 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE ALONG THE CENTER OF SAID ROARING FORK RIVER ON THE FOLLOWING SEVEN (7) COURSES: S 86 DEGREES 53' 04" W 294.14 FEET: THENCE S 85 DEGREES 32' 23" W 117.60 FEET; THENCE S 78 DEGREES 29' 25" W 123.94 FEET; THENCE S 89 DEGREES 17' 47'' W 118.54 FEET; THENCE S 67 DEGREES 42' 27" W 386.40 FEET: THENCE S 62 DEGREES 48' 18" W 124.67 FEET; THENCE S 57 DEGREES 58' 42" W 235.29 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID BLUE CREEK RANCH ON THE FOLLOWING THREE (3) COURSES: N 00 DEGREES 10' 37" W 736.64 FEET; THENCE N 89 DEGREES 54' 14" W 231.46 FEET; THENCE N 00 DEGREES 02' 13" W 1677.90 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY RECORDS; THENCE S 79 DEGREES 52' 12" E 278.00 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF THE PARCEL DESCRIBED IN SAID BOOK 333 AT PAGE 511 TO THE SOUTHEASf CORNER OF SAID PARCEL; THENCE N 00 DEGREES 02' 13" W 156.69 FEET ALONG THE EASTERLY BOU~DARY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order No. GTF63002778-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: l. Righcs 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, encroaclunents, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by lhe 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. 6. Taxes and. assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 02, 1903, IN BOOK 73 AT PAGE 167. 10. 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 AUGUST 11, 1894, IN BOOK 12 AT PAGE 333 AND RECORDED MAY 2, 1903 IN BOOK 73 AT PAGE 167. 11. RESERVATION OF A RIGHT-OF-WAY FOR DITCHES OR CANALS AS DESCRIBED IN INSTRUMENT RECORDED AUGUST 11. 1894 IN BOOK 12 AT PAGE 333. 12. RESERVATION OF AN UNDlVIDIED ONE-HALF INTERST IN AND TO ANY AND ALL OIL, GAS RIGHTS IN OR UNDER SAID LAND DESCRIBED IN DEED RECORDED IN BOOK 208 AT PAGE 584, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 13. AN UNDMDED ONE-HALF INTEREST IN AND TO SAID OIL AND GAS RIGHTS IN OR UNDER SAID LANDS IN DEED RECORDED APRIL 12, 1961 IN BOOK 333 AT PAGE 302, ANY AND ALL ASslGNMENTS THEREOF OR INTERESTS THEREIN ALTA COMMITMENT: SCHEDULE B-2 ·(Exceptions) Our Order No. GTF63002778-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 229. 15. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JANUARY 31, 1974 IN BOOK 454AT PAGE 457. 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED OCTOBER 22, 1975 IN BOOK 479 AT PAGE 875. . 17. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY· NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK. CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 18. RIGHTS OF ACCESS INSTRUMENT RECORDED DECEMBER 27, 1993 IN BOOK 887 AT PAGE 640 AND INSTRUMENT RECORDED AUGUST 26, 1992 IN BOOK 840 AT PAGE 224. 19. ·TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION PC-2007-05 RECORDED DECEMBER 14, 2007 AT RECEPTION NO. 739330. 20. EASEMENTS FOR DITCHES AND OVERHEAD POWERLINE AS SHOWN ON IMPROVEMENT SURVEY DATED DECEMBER 27, 2005 PREPARED BY LINES IN SPACE. 21. POSSESSORY RIGHTS OUTSIDE OF FENCELINE ALONG THE EASTERLY BOUNDARY AS SHOWN ON IMPROVEMENT SURVEY DATED DECEMBER ?.7, ?.005 PREPARED BY LlNES ~ SPACE. . ~ ~ ~· ~u :.-<11 if' .I ,/ ~rf!Y &rt'~/ . "" ~~ o1' ,,. .......... ······-. ······-.. ·-··-···· .................. 1... ... . LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, nolice is hereby given that: A) The subject real property may be located in a special taxing district. · B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. · C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September l, 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 confonn, except that, the requirement for the top margin shall not apply to documents using fonns on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division oflnsurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matlers 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 docwnents resulting from the transaction which was closed". Provided that Land Tide 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 lhe 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 Commiunent wilhin the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-flled mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there bas 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 lo CRS 10-11-123, notice is bereby given: This notice applies to owner's policy commitments containing a mineral. severance instrument exception, or exceptions, in Schedule B; Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is. a substantial likelihood that a third party holds some or all interest in oil, gas. other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. · 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. Fol:nl DISCUl3CJRE: 09/01/02 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 bedrQck of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal infonnation ("Personal Infonnation"). 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 perfonned by, iis, our affiliates, or others: * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * lbe public records main!ained 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 lo protect ~gainst unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATlON ABOUT YoU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITIED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Pers0nal 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; o~ 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 ls 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 oftbe American Arbitration Association, and judgment upon the award rendered by the' arbilrator(s) may be entered in any court having jurisdiction thereof. Fonn PRIV.POL.ORl' STATEMENT OF AUTHOBlTY (§38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named: 2. The type of entity is a: 3. 4. 5. 6. 7. 8. 0 corporacitin D 91>nprofit corporation 13'1imited liability company 0 general partnership 0 limi~ed partnership 0 registered limited liability partnecship . 0 registered limited liability limited partnership 0 limited partnership association · D govem,ment or governmental subdivision or agency 0 •. The entity is formed under the laws of: .. Other matters concerning the manner In which the entity deals with interests fa real property: * I):.>,~••/... . ' Thi,s Statement of Authority is executed on behalf of the entity pursuant to the provi$1ons of §38-30-172, C.R.S. \'1 i~t -~ Executed this* day ofvi.o•.(.•) STATE OF COLORADO ) . COUNTY OF. Oe.nle..f ) SS. ) m.mission expires: . lfa~JJ~1/ . ! STATE OF COLORADO ) )SS COUNTY OF DENVER ) Subscribed and sworn to before me this 19111 day of May, 2008, by Nelson P. Lane w.-my bond'"'1offio"1wl ·~ / No Pub!" It ~ My commission expires: 7-22-2011 OWNER (REFINANCE) FINAL AFJ<'IDA VIT AND AGREEMENT RE: Commitment No. GTF63002778-2 State of COLORADO County of GARFlELD ) )5s ) Escrow No. RE: Real property and improvements located at: 250702 CARBONDALE i11 the TOWN OF CARBONDALE County of GARFIELD 0State of Colorado, more particularly described in the Commitment No. GTF63002778-l (the "Property") SEE A 'ITACHED PAGE FOR LEGAL DESCRIPTION The Owner, (the "Owner") of the Property, having first made his solemn affirmation and declaration, hereby makes the following representations to Land Title Guarantee Company, and any title insurance company for which the Company is agent for such title insurance company (collectively the "Company"), with full knowledge and intent that said company shall rely thereon: I. That those certain persons, finns and Ct1rporations, including the General Contractors, and all subcontractors hired by or under contract with the Owner who have furnished services, labor or materials, according to plans l!Ild specifications or otherwise, used in eoruiection with the construction of improvements on the Property herein described, have been paid in fua · 2. No claims have been made to the Owner, nor is any suit now pending, against the Owner, on behalf of any contractor, subcontractor, laborer or material man, nor any other suit of any kind, and that no cbaJ.tel mortgages, conditional bills of sale, security agreements or fmancing statements have been made by the Owner. . 3. There has been no architectural service or other work 1>f any kind, contracted for or otherwise ordered by the Owner, · within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lieu claimant. If services or other work has been contracted for within the preceding 120 clays, the Owner is required to attach a description of same with the corresponding payment lnformatimi. 4. That all iniprovemcnts constructed on the real estate here in described were completed on or before «CLOSING _DATE» S. Except as shown in the above-referenced commilment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the Property. 6. AU fees, assessments and charge' of the homeowners assooiation havingjurisdiction over the Property; if applicable, are current at this time. 7. There are no existing leases or tenancies affecting the Property. (If all or portion of the Property is in possession of tenants, or under lease, attach a detailed rent rol~ wid1 copies of the lease agreement(s). In light of the foregoing facts and represcnlal.ions, die undersigned, in consideration of the issuance by the Comp1111y of a policy : of Title Insurance covering the Property in the manner set out in the Commitment, hereby promises, covenants and agrees to · hold harmless, protect and indemnify the Company, from 11nd against those liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of Jitigatiou, which the Company may incur, arising out of any error or inaccuracies in the above representations. Owner(s) Forwarding Address: TCI LANE RANCH, LLC 19351HWY81 CARBONDALE, CO Bi623 Ph1>ne Number: WILLIAM N LANE TRUST, UNDER TRUST AGREEMENT DATED JULY 30, 1969, FBO ANDREW N LANF~ MEMBER Tbefo ) )ss ) /! ~ flli~l'.ill.tt.agreement.was subscribed and affirmed before me on this day of /1)1.I{ I JJ~r , by /il'1drew ill. ..{ c2/l-e r c?.{~a# Jlorm 3425 09/2004 affrcti.dot • •'•••··--·· ·--·•••·--•• .. ········••-"""""""""••••··~••••··"·'·I••····•••••·-·--···--····•· •· ••••••·••·•"""""""'" •••• •• '""'"••··-···I-···•_, .••.. ,. OWNER <REFINANCE) FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. GTF63002778·2 State of COLORADO County of GARFIELD ) ) SS ) Escrow No. RE: Real property and improvements localed at: 250702 CARBONDALE in the TOWN OF CARIJONDALE County or GARFIELD, State of Colorado, more particul~ly described in the Commitment No. GTF63002778-2 (the "Property") SEE ATTACHED PAGE FOR LEGAL DESCRIPTION The Owner, (the "Owner'') of the Property, having first l1lllde his solemn affirmation and declaratfon, hereby makes the following representations to Land Title Guarantee Company, and any title insurance compMy for which the Company is agent for such title insurance company (collectively the "Company"), with full knowledge and inlent that said company shall rely thereon: 1. That those certain.persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the Owner who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the Property herein described, have been pa Id in full. . 2. No claims have been made to the.Owner, nor is any suit now pending. against the Owner, 011 behalf of any co11tractor, subcontractor, laborer or material man, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, sccwity agreements or financing statements have been made by the Owner. 3. There has been no architectural service or other work of BtlY kind, contracted for or otherwise ordered by the Owner, within the last 120 days, paid or unpaid, whiclt could establish a priority for any future mechanics' lien claimant If services or olher work has been contracted for within the preceding 120 days, the Owner is required to attach a . description of same with the corresponding payment infonuation. 4. That all improvements constructed on _!he real estate here in described were completed on or before «CLOSLl'llG_DATE>1 5. Except as shown in the above-referenced commitmeot, there arc oo liens or encumbrances of any kind, recorded or unrecorded, affecting the Property. 6. All feos, assessments and charges of the homeowners association having jurisdiction over the Property, if applicable, are current at this time. 7. There are no existing leases or tenancies affecting the Property. (If all or portion oflhe Properly is in possession of tenants, or under lease, attach a detailed rent rol~ with copies of the lease agreement(s). In lighl of the foregoing facts and representations, the undersigned, in consideration of lhe issuance by the Company of a policy of Title Insurance covering the Property in the manner set out in the Commitment, hereby proinises, covenants and agrees to hold harmless, protect and indemnify the Company, from and against those liabilities, losses, damages, eicpenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreeme11t) and expenses oflitigation, which the Company may incur, arising out of any error or inaccuracies .in the above representations. Owner(s) Forwarding Address: TCI LANE RANCH, LLC 19351 HWY82 CARBONDALE, CO 81623 Phone Number: WILLIAM N LANE TRUST, UNDER TRUST AGREEMENT DATED JULY 30, 1969, FBO NELSON PLANE- ~~ ¥ STATEOF 6/tll'tid~ ) COUNTYOF 01!'/JJ/e~ ~ fl The foregoing final affidavit and agreement was subscribed and affinned before me on !hit of l1Jij1 · 4 /(e11,1 Ms--<P'm'4'1 r~ .Ji~e5S m~ ~nd an~ official seal. /"'f ~~ "'/ /J . My Ccm1russ1on expJrOS: / ~ q _ ,,.,GJ I I 7 I Form 3425 0912004 affre!i.dot .. ------~-··-· ---------~-·-·--------· OWNER !REFINANCE) FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. GTF63002778-2 State of COLORADO Cowity of GARFIELD ) ) SS ) Escrow No. RE: Real property and improvements located at: 250702 CARBONDALE in the TOWN OF CARBONDALE County of GARFIELD, Stale of Colorado, more particularly described in the Commitment No. GTF63002778-l (the "Property") SEE ATTACHED PAGE FOR LEGAL DESCRIPTION The Owner, (the "Owner") of the Property, having first made his solemn affinnation and declaration, hereby makes the following representations to Land Title Guarantee Company, and any title insurance company for which the Company is agent for such title insurance company (collectively U1e "Company"), with full know lodge ~nd intent Uiat said company shall rely thereon: .. L That those certain persons, firms ·and corporations, including the General Contractors, and all subcontractors hired by or . under co1llract with the Owner who have furnished services, labor or materials. according to plans aod specifications or otherwise, used in connection with the construction of improvements on the Property ·herein described, have been paid in full. 2. No claims bave been made lo the Owner, nor is any suit now pending, against the Owner, on behalf of any contractor, subcontractor, laborer or material man, nor any other suit of any kind, and that no chattel mortgages, conditional bills of saJc, security agreements or fmancing statements have been made by the Owner. 3. There has been no architectural service or other work of any kind, contracted for or otherwise ordered by the Owner, wiU1in the last l 20 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for wiU1in the preceding 120 days, the Owner is required to attach a descrjption of same with the corresponding payment information. · 4. That all improvements constructed on the real estate here in described were completed on or before «CLOSING _DA TE» 5. Except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the Property. 6. All fees, assessments and charges of the homeowners association having jurisdiction over the Property, if applicable, are current at this time. 7. There are no existing leases or tenancies affecting the Property. (!fall or portion of the Property is in possession of tenants, or under lease, attach a detailed rent roll, with copies of the lease agreement(s ). In light of the foregoing facts and representations, the 1mdcrsigned, in consideration of the issuance by the Company of a policy of Title Insurance covering the Property in the manner set out in the Commitment, hereby promises, covenants and agrees to hold harmless, protect and indemnify the Company, from and against U1ose liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses oflitigation, which the Company may incur, arising out of any error or inaccuracies in the abOve representations. Ownet(s) Forwarding Address: TCI LANE RANCH, LLC 1!>351HWY82 CARBONDALE, CO 81623 Phone Number; WILLIAM N LANE TRUST, UNDER TRUST AGREEMENT DATED JULY 30, 1969, FBO ANDREW N LANE- MEMBER STATE OF {!f) Ju&td'o ) COUNTY OF .f)e/,1;,~tf r l . k~ The foregoing final affidavit aod agreement was subscribed and affirmed before one on th~ of fll!!J; ~ 8' , by ·ff? _,fc.4r A/¢"Sdl?1tV~ fte- Witncss my hand and official seal. . / ~ !;~ My Commission expires: 7/43 Ju// a'i: dla:J A J (iii~~ ¥' Form 3425 0912004 Hffrcfi.dot ... __________________ ·---------------, OWNER (REFINANCE) FINAL Al<'FIDAVIT AND AGREEMENT RE: Commitment No. GTF63002778-2 State of COLORADO County of GARFIELD ) ) SS ) Escrow No. RE: Real property and improvements located at: 250702 CARBONDALE in !he TOWN OF CARBONDALE County of GARFIELD, Stale of Colorado, more particularly described In tho Commitment No. GTF63002778-2 (the "Property") SEE ATTACHED PAGE FOR LEGAL DESCRlPTION The Owner, (the "Owner") of rhe Property, having first made his solemn affinnation and declaration, hereby makes the following representations to Land Title Guarantee Company, and any title insurance company for which the Company is agent fur such title insurance company (collectively the "ComJllllly"), with full knowledge and intent that said company shall rely thereon: ' l. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors h irod by or under contract with the Owner who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construct.ion of improvements on lhe Property herein described, have been paid in full. 2. No claims have been made to the Owner, oor is any suit now pending. against the Owner, on behalf of any contractor, subcontractor, laborer or material man, nor any other suit of any kind, and that 110 chaltel mortgage$, conditional bills of sale, seeurity agrccmenti; or financing statements have been made by the Owner. 3. There bas been no architectural service or other work of any kind, contracted for or otherwise ordered by the Owner, within the last 120 days, paid or wipaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, the Owner is required to attach a description of same with the corresponding payment infonnatiorL · 4. That all improvements constructed on the real estate here in described were completed on or before «CLOSING_DATE» 5. Except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the Property. 6. All foes, assessment& and charges of the homeowners association bavingjurisdiction over the Property, if applicable, are current at this time. · 7. There arc no existing leases or tenancies affecting the Property. (If all or portion of the Property is in possession of tenants, · or under lease, attach a detailed rent roll, with copies of the lease agrecment(s). · In light of the foregoing facts and representations, the undersig11ed, 111 consideration of the issuance by the Company of a policy, of Title Insurance covering the Property in the maimer set out in the Commibnent, hereby promises, coV!lnants and agrees to hold harmless, protect and indemnify the Company, from and against !hose liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses oflitigation, which the Company may incur, arising out of any error or inaccuracies in the above representations. Owner(s) Forwarding Address: TCl LANE RANCH, LLC 19351HWY82 CARBONDALE, CO 811123 Witness my hand and official seal. . My Commission expires: ~!/,,ft?// Form 3425 09fl004 affrefi.do1 Phone Number: