HomeMy WebLinkAbout1.0 ApplicationBarcoMB c GngEN,pc
A FULL SERVICE LAW ITII{M SINCE 1953
Chad J. Lee, Esq.*
Telephone (97 0) 945 -6546
F acsimile (97 0) 945 -8902
clee@balcombgreen. com
*Licensed in CO and 14IY
August 4,2076
Mr. David Pesnichak
Garfield County Community Development Department
Planning Manager
108 8d'St. #401
Glenwood Springs, CO 81601
Re: Application for Amended Final Plat for Lot D-18, Aspen Glen Filing 1 - Carbondale Glen
Sweetgtass Vista, LLC
Dear Mr. Pesnichak:
We are pleased to present the enclosed application for an Amended Final Plat for Lot D-18, Aspen
Glen Filing 1 for Administrative Review to create a common lot line to separate an existing duplex, known
as Garfield County Assessor's Parcel Number 2393-204-04-018. Enclosed are all required submittals (3
paper copies and one electronic) pursuant to the Garfield County Land Use and Development Code
(LUDC).
Please note that under the General Application Materials in Section 4-203.8 an Improvements
Agreement is required. We are requesting that this requirement be waived per Section 4-202because Lot
D-18 is within the Aspen Glen Subdivision.
Please do not hesitate to contact me with further questions.
Sincerely,
BALCOMB & GREEN, P.C.
CJL/bc
Encls.
Basalt Offiee:
211 Midland Avenue, Ste.201
Basalt, CO 81621
---,24- -)By'_ z'--- zl/'---chaw
E-mail: clee(ri|balcorn bt,r"n. rom
Gl enw o o d Springs Ofli c e :
818 Colorado Avenue
Glenwood Springs, CO 81601
Aspen Office:
0133 Prospector Road, Ste. 4102E
Aspen, CO 81611
P.O. Box 790, Glenwood Springs, CO 81602 . (970) 945-6546 o wrvw.balcombgreen.com
108 8th Street, Suite 401
Glenwood Springs, CO 81501
.. ,r ,r\\$ 19701945-8212
[U\l tt 't ' www.garfield-countv.com
DIVISIONS OF LAND
APPLICATION FORM
Preliminary Plan lmendment
Final Plat Amendment
Common lnterest Community Subdivision
Pu blic/Cou nty Road Split Exem ption
Rural Land Development Exemption
Final
Preliminary E final
tr
tr
tr
tr
tr
IN,oLVED PARTIES
I Owner/Applicant
, "r-",
Carbondale Glen Sweetgrass Vista, LLC Phone:(818 )386-6300
Mailing Address: 1 4225 Ventura Bouleva!.luite 100
City:Sherman Oaks state: cA Zip code:91423
E-mait : rjsalv@aol.com
Community Development Department
Representative (Authorization Required)
Name: Chad Lee, Esq. of Balcomb & Green, P.C.Phone: (970 )945-6546
Mailing Address: P'O' Drawer 790
City:Glenwood Springs state: co Zip code:81 601
E-mait: clee@balcombgreen.com
P.ROJECT NAME AND LOCATION
Project Name:
Lot D18, Aspen Glen Filing 1
Assessor/s ParcelNumber: 2393 - 204 - 04 -018
physicat/Street Address. 26 Sweetgrass Drive, Carbondale, CO 81623
Legat Descriol;on. Lot D-18, Aspen Glen, Filing No. 1, according to the Plat thereof
recorded April 6, 1995 as Reception No.476330
Zone Districr. Residential Property Size (acres): 0'787
I Proiect De$riptien
Existing LJ5s; Vacant Lot
PrOpOSed USe (From Use Table 3-403): Duplex units constructed on Lot D-18.
DeSCfiptiOn Of PfOjeCt: Applicant seeks to create a common lot line to separate an existing duplex on this parcel
i
I Duplex 2 2 0187 i
Multi-Family
Commercial
Open Space
2 0.787 l
Section:
Waiver of Standards
E] fne Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section:
Section:
I have read the statements above and,,haverprovided they'equired attached information which is
correct and accurate to the best of my lgrowle
Section:
,r!l ',1 ,t,
Signature of Property Owner
OFFTCIAL USE ONLY
Fire Number,f PAA-89??FeePaid:SlCC.
6
847245 O3l1Bl2O14 10.20:33 AM Page 1 of 3
Jean Alberico, Garfield County, Colorado
Rec Fee: $21.00 Doc Fee. $1 1.00 eRecorded
Slewarl Titie File Number: 01330-37192
932A WARRANTY DEED STCO
WARRANTY DEED State Doc Fee: $11.00
THIS DEED is aateotne ,I d.il dday of fularch, 2014, and is made between
Nathan J. Gold Famiiy/Thomas W. Levift Trust
(whether one, or more than one), the "Grantoi' of the County of Jackson and State of MisSoUri and
Carbondale Glen Sweetg!-ass Vista, LLC
(whether one, or more than one), the "Grantee'', whose legal address is 14225 Ventura Blvd, SUite 100, Sherman Oaks,
CA 91423 of lhe counly of Los Angeles and Siate of Califomia.
WITNESS, lhat lhe Grantor, ior ancl in consideration of lhe sum of One Hundred Ten Thousand Dollars and No
Cents ( $i10,000.00 ), the receipt and sufiiciency of which is heraby acknowiedged. hereby grants, bargains, selis,
conveys and confirms unio the Graniee anrl the Graniee's heirs and assigns forever, all the real properiy, together v/ith anv
improvementstheraon, locatedinthe GountyofcarlielclandStateofGoloradodesribedasfollows:
Lot D-18
ASPEN GLEN, FILING NO. 1
According to the Plat thereof recorded April 6, 1 995 as Reception No. 476330
County of Garfield, Siate of Colorado
also known by street address as: 25 Sweetgrass Drive, Carbondale, CO 8 1 623
TOGETHER with all and singular the hereCitaments and appurtenances thereto belonging, or in anywise aopertaining,
the reversions, remainders, renti issues and proflts thereo{, and all the estate, right, tille, interesi, clainl and cjemand
whatsoever ot the Grantor either in law or equiiy, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said prernises above bargained and described, with the appudenances, unlo the
Granlees, and the Grantees' heir,s and assigns fotever.
The Grantor, for lhe Granior and the dranlor's heirs and assigns, does covenant, grdnt, bargain, and agree to and wliir
the Grantee, and the Grantee's heirs and assigns: that at the time oithe enseaiing and deiivery of these oresents, the Grantor
is welt seized of the premises above describid; has good sure, perfect, absolule and indefeasible eslate of inherilanoe' in
law, and in fee simpie; and has good right, fuli powJr and lawiul authoriiy to grant, bargain, sell anC convey the same in
manner and lom as aforesaid; arid tf,at ii," same are free and clear from atl former and olher grants, bargains, sales, liens,
taxss, assessments, encumbrances and restriciions of whatever kind or nature soever, except and sub.ject io:
See Exhibit "A" attached hereto and made a part hereof
And the GEntor shall and wilt V\ARRANT THE TITLE AND DEFEND the above described prenrises, but not an)' sdjaining
yacaled streel or atte1,, ii any, in the quiei and peaceable possession of the Gmniees, and the heirs and assigns oi the
Grantees, againsl all and every person or persons lawfully claiming tire whole or any Part thereol.
lN WITNESS WHEREOF, the Grantor has execuied this deed on the date set forlh above,
NATHAN J. GOLD FAMILYTTHOMAS W. LEVITT
TRUST
Bank NA,of Naihan J. Gold Family/ Thomas
Levitt Trust
By: John Sullivan, Asst VF, US Banl< Trustee
stateot fb6rq-st<*countyoi@cy'
The foregoing inslrument vras acknowledged before n" tni" /lbday of March, 2014 by US tsank NA,
Trustee of Natnan ,1. Gold Family/ Thomai W. Levitt Trust as By: Johrr Sul{ivan, Asst VP, US Banl< Trusree oi
Nathan J. Gold Family/Thomas W. Leviti Trust,
Notary Public
lVly commission expires:
Witness my hand and oificial seal.
f,lg r. zo(t
1
,=ffEfJl;+;;-,
Taies for the yeat 2014 and any subsequent years not yet a lien due and payable
Thd effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or
other district or inclusion in any water service or street improvement aTea.
Right of the proprietor of a vein or lode to extractand remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, and a right of way for diiches or canals
coristructed by the authority of the United States, as reserved in United States Patent recorded July 25,
1894 in Book 12alPaae 332 as Receptior No 17522.
Dedds recorded December26, 1958 in Book 314 at Page 160 as Receotion N0.203858; recorded
September 26, 1S61 in Book 336 at Page 570 as Reception No. 215212; recorded January 5, 1965 in
Book 363 at Page 33 as Receotion No. 228221; recorded May 8, 1 950 in Book 250 at Page 27 1 as
Reception No '172106; recorded June'12, 1951 in Book 2SBalPage 594 as Receptlon No. 176326,
recira"A October'13, 1964 in Book 361 at Page 275 as Reception No.227254; recorded December 17,
1 964 in Book 362 at Page 445 as Reception No. 228037; and for all of these Deeds recited, and any and
all assignments of record, or otherwise, thereof, or interests therein.
Ea$ements recorded February '10, 1995 in Book 931 at Page 354 as Reception No. 474356, in Book 931
at Hage 374 as Reception No. 474357, in Book 931 at Pager 393 as Receotion No 474358, in Book 931
at Page 412 as Reception No 474359 and in llook 931 at F'age 432 as Reception No.474360.
Resolutions by the Board of County Commissioners of Garf eld County, Colorado, as follows.
A. Resolution No. 92-056 recorded June 29, 1992 in Book,335 at Page 305 as ReceDtion No. 436262.8
Relolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Receotion No.
457154.C. Resolution No. 94-008 recorded February 2, 1994in Book 891 at Page 620 as Reception No
45$796.D. Resolution No. 94-089 recorded August 9, 1 994 in Book 91 1 at Page 791 as Receotion No
466955.E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as E-e.Qeplon
Nor 472058.F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception
Not aZSaOZ.G. Resolution No. 96-26 recorded May 9, 1 99€ in Book 977 at Page 399 as Receotion No.
ag176S Fl Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Receotion No.
48E797]. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No
+adZbe.L Resolution No. 2006-79 recorded March 19, 2007 in Book'1903 at Page 967 as Receptron No
t 1d2sr .
Agreements recorded April 12, 1992 in Book 827 atPage 636 as Reception No. 433216 and recorded
June 29, 1993 in Bocik 835 at Page 364 as Eeteptia!-N!=i36263.
Agi'eements recorded August 19, 1994 in Book 912 at Pager 970 as Receotion No.467450 and recorded
August 19, 1994 in Book 912 at Page 973 as BSgeplip!-Nb, 467451.
Platof Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No.476330.
Master Declaration recorded April 6, 1995 in Book 936 at Pirge 350 as Receotion No. 476328, First
Suj:plemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Receotion No. 510976,
Second Supplemental Declaration recorded November 26,1997 in Book'1043 at Page 850 as Reception
No. 516966, Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page I as
Rebeption No.520203, Fourlh Supplemental Declaration recorded February 10, 1998 in Book 1053 at
Pafe 30 as Reception No. 520209, Fifth Suppiemental Declaration recorded May 1, 1 998 in Book 1 065
at Fage 800 as Reception No. 524479, Sixth Supplemental Declaration recorded May 22, 1998 in Book
1069;t Page 58 as Reception No 525647, Seventh Supplemental Declaration recorded August 24, '1998
in Book 1084 at Page 943 as Reception No.5111005, Eighth Supplemental Declaration recorded October
26, 1998 in Book 1094 at Page 517 as Reception No.5342119, Ninth Supplemental Declaration recorded
August 17, '1999 in Book 1145 at Page 680 as Reception N,). 550617, Tenth Supplemental Declaration
recorded November 19, 1999 in Book 1 161 at Page 293 as Reception No. 555596, Eleventh
Supplemental Declaration recorded September23, 1999 in Book 1151 at Page 877 as Reception No.
55?597, Twelfth Supplemental Declaration recorded Decenrber 1 4, 1 999 in Book 1 1 64 at Page 755 as
Repeption No.556668, Thirteenth Supplemental Declaration recorded July 17,2000 in Book 1197 at
Pa$e740 as Reception No.566379, Fourteenth Supplemental Declaration recorded May 8,2003 in Book
1467 at Paqe 9'10 as Receotion No. 626952, First Amendment to the Master Declaration recorded
October30,2003 in Book1533 at Page 735 as Reception No.639707 and Fifteenth Supplemental
Deblaration recorded December 21,2AA4 in Book'1649 at Page 891 as Reception No. 665692, Amended
Deglaration of Covenants, Conditions and Restrictions forAspen Glen recorded March 23, 2007 in Book
19Q5 at Page 523 as Reception No.719512.
Subdivider's Agreemeni as coniained in lnstrument recorded April 6, 1995 in Book 936 alPage 444 as
10
tl
6.
1?
Stewail Title File Number: 01330-371 92
9324 WARRANTY DEED STCO
Page 2
Receotion No. 476329.
13. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No 476331'
14. Declaration of Golf Faciliiies Development, construction and operational Easement' recorded April 6,
1995 in Book 936 at Page 314 as Reception No 476327'
,15. Trench, conduit and vault Agreement recorded December 1, 1995 in Book 959 at Page 968 as
Reception No. 485953.
16. Special Wananty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 alPage228
as Receoiion No. 503024.
17. Correction Plat Renaming Certain Streets Within Aspen Glen recorded March 13' 2007 as Receltio1
71891S.Amended Bylawi of the Homeowners Association at Aspen Glen recorded March 23' 2007 in
Book 1905 at Page 577 as Recepiion No 719513'
Stewart Title File Number: 01330-37192
932A WARRANry DEED STCO
Page 3
Commonwealth Title Company of Garfield County, Inc.
L27 E.5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 /Fax (970)945-4449
Date: July 19,2016
File No. 1607073
Property Address. 26 Sweetgrass Drive, Carbondale
Carbondale Glen Sweetgrass Vista, LLC
Attorney
Balcomb & Green
818 Colorado Avenue
Glenwood Springs, CO 81601
Attn:
Email : brittc@balcombgreen. com
COMMITMENT FOR TITLE INST]RANCE
SCHEDULE A
File No. 1607073
l. Effective Date:July 8,2016 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
Proposed Insured:
A Purchaser to be Determined
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
N/A
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereofvested in:
Carbondale Glen Sweetgrass Vista, LLC
4. The land refemed to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
Lot D-18
Aspen Glen Filing No. I
According to the plat thereof recorded April 6, 1995 as Reception No. 476330
TITLE CHARGES
Owner's Policy Standard Coverage 5100.00
COLTNTERSIGNED:?ah,k?v?. BtwweLlt
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street tufle, CO 81650
File No. 1607073
SCHEDULEB-SECTIONl
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequentto the date hereofmay appear as an exception under Schedule B ofthe policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
This commitment is for informational purposes only and no policy will be issued.
NM6
American Land Title Association Commitment
Schedule B - Section I - Form 1004-5
DISCTOSURES
Colorado Division of lnsurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title lnsurance Company of Garfield County, lnc. 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: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder
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 unlt. B. No labor or materials may have been furnished by mechanics or
materialmenforpurposesof constructiononthelanddescribedinScheduleAofthisCommitmentwithinthepast6months. C.The
Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D.
Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may
deem necessary; ot, at its option, the Company may refuse to delete the exception. No coverage will be given under any
circumstances for labor or material for which the insured has contracted for or agreed to pay.
Pursuant to C.R.S. 510-L1,-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 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.
C.R.S. 530-10-406 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.
Pursuant to C.R.S. S10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy
in the property; and
B) That such mineral estate may include the right to enter and use the property without the surface owner's permission.
lf the transaction includes a sale of the property and the price exceeds S100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. 539-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. 538-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right.
C.R.S. 539-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
Section 38-35-109 (2) of the Colorado Revised Statutes, L973, requires that a notation of the purchasers legal address, (not
necessarily the same as the property address) be included on the face of the deed to be recorded.
File No. 1607073
SCHEDULEB-SECTION2
Schedule B ofthe Policy or Policies to be issued will contain exceptions to the folloiving matters unless the same are disposed ofto the satislaction
ofthe company:
l. Rights or claims ofparties 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 and inspection ofthe
premises would disclose, and which are not shown by the pubtic records.
Any lien, or right to a lien, for services, labor or material heretofbre or hereafter furnished, imposed by law and not shown by the public
records.
Defects, liens, encumbrances, adverse claims or otl'rer matters, ilany, created, first appearing in the public records or attaching subsequent
to the eff'ective date hereofbut prior to the date the proposed insured acquires olrecord fbr value the estate or irlterest or mortgage thereon
covered b1 this commitment.
Any and all unpaid taxes, assessments and unredeemed tax sales.
Any lien or charge on account ofthe inclusion ofsubject propcrty in an improvernent district.
Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
Right ofthe proprietor ofa vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right ofway for ditches or canals as constructed by the authority olthe United States, as reserved in United
States Patent recorded November 12,1892 in Book l2 at I'age 192.
Reservation ofan undivided one-fourth interest in and to all oil, gas, hydrocarbons and minerals in instrument recorded September 26,
l96l in Book 336 at Page 570.
1 1. Terms and conditions ofAgreement recorded August 19, 1994 in Book 912 at Page 970.
12. Terms and conditions ofOut-of-District Sewer Service Agreement recorded August 19, 1994 in Book 912 at Paee 973.
13. Terms and conditions ofTrench, Conduit and Vault Agreement recorded December l, 1995 in Book 959 at Page 968.
14. Terms and conditions of Garfield County Board olComrnissioner Resolutions for Aspen GIen Planned Unit Development recorded June
29, 1992 in Book 835 at Page 305, December 28, 1993 in Book 887 at Page 824, August 9, I 994 in Book 9 I I at Paee 79 I . February 9,
1996 in Book 966 at Paee 682, February 9,1996 in Book 966 at Page 686, and August 20,1997 in Book 1030 at Page 722.
15. Terms, conditions, provisions and obligations as contained in agreements recorded April 12, 1992 in Book 827 at Page 636.
16. Terms, conditions, provisions and obligations as contained in agreements recorded June29,1992 in Book 835 at Page 364.
17. Easements, rights of way and other matters as set lorth on the plat olAspcn Glemr Planned Unit Development recorded April 6, 1995
under Reception No. 476330.
18. Restrictive covenants, which do not contain a lorfeiture or reverter clause, as contained in instrunrent recorded April 6, 1995 in Book 936
atPage350. AmendedininstrumentrecordedJuly15,lgg1 inBookl026atPagel6l,SupplernentedininstrumentrecordedAugust24,
1998 in Book I 084 at Page 943, Amended in instrument rccorded October 26, 1998 in Book 1094 at Page 5 I 7, Amended in instrument
recorded August 17, 1999 in Book I 145 at Page 680, November 19,1999 in Book I 16l at Page 293, September 23,1999 in Book I 151 at
Page 817, December '14,1999 in Book I 164 at Page 755, July 17, 2000 in Book I 197 at Page 740, May 8, 2003 in Book 1467 at Page
910, October 30, 2003 in Book 1533 at Page 735, December 21,2004 in Book 1649 at l']age 891 and March 23,2007 in Book 1905 at
Pase 523.
19. Terms, conditions and provisions ofsubdivider's Agreement as contained in instrurnent recorded April 6, I995 in Book 936 at Page 444.
Amended in instrument recorded July I l, 1996 in Book 984 at Page 697.
4.
5.
6.
7.
8.
9.
10.
(continued)
20.
21.
SCHEDULE B. SECTION 2
Terms, conditions, provisions, obligations, restrictions, easements and rights ofway as contained in Declaration ofGolfFacilities
Development, Construction and Operational Easement recorded April 6, 1995 in Book 936 at Page 314.
Deed of Trust from Carbondale Glen Sweetgrass Vista, LLC to the Public Trustee of Garfield County for the use of Woodbridge Mortgage
lnvestment Fund 3, LLc, showing an original amount of $1,200,000.00, dated April 13, 2015 and recorded May 22,2015 as Reception
No.863005.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(l) The Deed of Trust, if any, required under Schedule B - Section l. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy ofthis clause and the accompanying arbitration rules prior to the closing ofthe transaction.
American Land Title Association Commitment
ScheduleB-Section2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with ceftain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling ofyour personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (l) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or conrpanies involved in real estate services, such as appraisal
companies, home wananty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Conlidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We cunently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
t.
a
3.
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846986 031071201412.23'.23 PM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee: $11.00 Doc Fee: $0.00 eRecorded
srArE or6Gror}-l
Colorado limited liability cornpany.
Witness my hand and seal.
My commission expires:
iW-ffit#Fiffiti
STATEMENTOFAUTHORITY
(c.R,s. $38-30-172)
This Statcmant of Authority rclates to an entity naored CARBONDALE GLEN
VISTA" LLC,
Tho type of cntity is a Limited Liability Company.
The entiU is fonned under the laws of ttro STATSor CoLoaADo-
The mailing address for dre entity is 14225 Vent[a Blvd-, Suite 100 Sherman Oaks,
91423.
The name and position of tte person authorizpd to ex€cutr instrumcnts convcyinS'
or othenpise affocting title to real prop€rty on behalf of CARBONALB GLEN S\
VISTA, LLC is:
Robert Shapiro, Managa
The arthority of the foregoing person to bind CARBONDALE GLEN
LLC isuilimited.
This Statomont of Authority is oxecut€d on behelf of the
c.R.s. $38-3G.172.
Exeoutodtr,i, fl aryof Merctr,20l4. : '
CARBONDALEGLEN
a Colorado limited liabit
I
Muager
7.pursuant to the
By:
A.
couqrvorht-jk[e! i "'
Thc *r" *OJr"r*"inc instrwmcnt u,ss acknowledged beforc mc this d0'a'V
2014, by Robcrt shapiro as Manager of GARBONDALE GLEN SWEETGRASS VIST
Re:
CInSoNDALE GlnN SwmTGRASS VISt^L, LLC
14225 Vnxrunn BoULEvARD, Sunn 100
SnnnulN Oa.rs, CA 91423
(818) 386-6300
July 22,2016
Garfi eld County Community Development Department
108 Sth Street, Suite 401
Glenwood Springs, CO 81601
Amended Final Plat Applicution - Curbondale Glen Sweetgrass Vista, LLC
Dear Madam or Sir:
Carbondale Glen Sweetgrass Vista, LLC is the owner ofthe real properly which is the subject
of the Application for an Amended Final Plat for Lot D-18, Aspen Glen Filing l. Carbondale Glen
Sweetgrass Vista, LLC hereby authorizes Chad J. Lee, and the firm of Balcomb & Green, P.C. to act
in all respects as the authorized representative of Carbondale Glen Sweetgrass Vista, LLC to submit
and prosecute the above-referenced application.
Very truly yours,
CARBONDALE GLEN SWEETq
a Delaware limited liability "b^pl"y
Robert Shapiro, Manager
By:
VISTA, L
PAYMENT AGREEMENT FORM
GARFIELD COUNW ("COUNTY") and Property Owner ("APPLICANT")
Sweetqrass Vista. LLC
Carbondale Glen
agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
Amended Final Plat for Lot D-18, Aspen Glen Filing 1
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-50, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
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.
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. lf 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 Conta., o"rron' Rick Salvato Phone: (818 )386-6300
Billing Contact Address:14225 Ventura Boulevard, Suite 100
6i1y, Sherman Oaks state: CA Zip code:91423
4.
Billing Contact Email: rjsalv@aol'com
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 8f601
{970)e4s-82r2
rvrvlv. garfi eld-coun tv.corn
TAX PARCEL NUMBEB: 2393-204-04-018 DATE: July 20, 2016
OWNEH: CARBONDALE GLEN SWEETGRASS VISTA LLC
PRACTICAL LOCATION: ASPEN GLEN FLG 1 Lot: D-18
TYPE OF APPLICATION: Amended Final Plat
1. GENERAL PROJECT DESCRIPTION
Aspen Glen Filing 1, Lot Dl8 seeks to create a common lot line to separate an existing
duplex on this parcel.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
Garfield County Land Use and Development Code, as amended (LUDC) - Sections:
. Garfield County Comprehensive Plan 2030o Garfield County Land Use and Development Code, effective July 15, 2013. Amended Final Plat (5-305), following Administrative Review (Section 4-103)r Table 44A2, Common Review Procedures and Required Notice;. Table 5-401, Application Submittal Flequirements
III. HEVIEW PROCESS
The process to accommodate this request shall require submittal of an amended final plat
processed by Administrative Revlew pursuant to the LUDC.o The review process shall follow the steps as contained in Section 5-305 (see attached
flow chart and below outline).r Pre-Application meeting;. Submiftal of Application (3 copies plus one electronic);. Completeness Review;r Submittal of additional materials (if needed) and copies for Referral agencies (21 day
review);r Setting a date for the Directors Determination;. Public Notice 15 days prior to the Directo/s Determination to property owners within
200 feet and mineral rights owners on the subject property;
. Directors Determination including any condilions;o A 10 day Call-up Period after Director's Decislon is made;. Finalizing the Plat and satisfaction of any conditions;. Circulation for ApplicanUOwner and other signatures;. Board of County Commissioners execution of the plat as a consent agenda item;. Flecording the Plat with the County Clerk and Recorder.
IV. SUBMITTAL REQUIREMENTS
Please refer directly to Table 4-201 and the list of General Application Materials in section
4-203.8. These application malerials are generally summarized below:. Application Form (both property owners need to sign the form.).. Ownership Documentation (deed for all parcels) and title information indicating if
there are any lien holders and/or encumbrances (a title commitment for both
properties may be necessary). $tatement oi Authority (for CAFIBONDALE GLEN SWEETGRASS VISTA LLC.)
and Letter of Authorization, as necessary. Fee Payment and Payment Agreement Form. Pre*ApplicationConferenceSummary. Names and addresses of all property owners within 200 feet of subject parcels
(outside boundaries of Lot D18) and all mineral owners of the subject parcels.. Vicinity Map. lmprovements Agreement (may be waived upon request). Fina! Plat (plat should include improvement location information adequate to
confirm thal no new nonconforming condiiions will result from the proposal). Code, Covenants, Restrictions (if there are no requested changes to the CC&Fls,
this may be waived upon request). The request should be consistent with all applicable provisions of Article 7,
Divisions 1, 2 and 3. The Application should include, at a minimum, representations
that the amendment will not result in any changes to drainage, access, utilities, and
any other applicable Subdivision and Article 7 topics.
V. APPLICATION REVIEW
a. Review by:
Staff for completeness recommendation and referral agencies for additional technical
review
b. Public Hearing:
*X_None (Director's Decision)
* Planning Commission
_ Board of County Commlssioners
* Board of Adjustment
c. FlefenalAgencies:
May include Aspen Glen HOA, Garfield County Designated Engineer, County Surueyor.
Note: Additional copies of the complete application will be requested once the application is
deemed Technically Complete. These coples will be sent to the referral agencies for their
review and comments.
V. APPLICATION REVIEW FEESa. Planning Review Fees: $ 100.00
b. FleferralAgency Fees: $ TBD - consulting engineerhivil engineer fees
c. Total Deposit: $ 100.00 (additional hours are bllled at $40.50 /hour)
General Application Processinq
Planner reviews case for completeness and sends to referralagencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets slandards
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 cunent 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 orvested right.
Pre-application Summarv Prepared bv:
{:W. Section 5-305 Amended Final Plat
Anirndad Flnrl Plat Rcvlcw Procerr
{sectlon 5-3051
{lil
lil
EH
Efl
.1Ob6ln Edryrtgrndew
.lf lnconrtl.t!. 6OdrYc b rrnody dcflclirrhs
.Crll-up itriod - wlthln 10 dryr of Urector'l Decklon
.Ftnri Pht murtb! rlgncd bY thc BoCCrnd bc rccordcd wlthln 10
businrre dayr of epP:rovll.
!t'
.Applbnt hir s nrooths to ilbmlt.pPllc.Uon
.M.fi;G .dj.*tt ProPcrty o 'nrn withln 2u' fuct
'nd
mlnerrl owneo
et !cart15 days Prlor b dci*bn d:b
i;i
1r
STA:
Pursuant to c.R.s. $38€0-172, the undersigned executes thls Statement of
4.,(corporation,
,,egistEIli,it"dliabilitypartnership,registeredlimited
liabllity limited partnership, limited partnershlp association, government agency' trust or other)' an
entity other than an individual, ..p.'bl. of holding title to real property (the "Entity"), and states as
foltows:
The name of the EntitY ls
and is formed under the laws of
The mailing address for the Entity is
The name andlar position of the person authorized to execute instrument! conveying encumbering,
or otherwise affecting title to real property on behalf of the Entity is
The limitations upon the authority of the person named above or holding the position described above
tobindtheEntityareasfollows(ifnolimitations,insert,,None,,):
other matters concerning the manner in which the Entity deals with any interest in real property are (if
EXECUTED this
-
day of
Signature:
Name (printed):
Title (if any):
srATE OF
-)
lss.
couNTY oF
-)
Ihe foregoing lnstrument was acknowledged before me this
-
day of
by
a
on behalf of
Witness my hand and offlcial seal.
My commission exPires:
(Date)
[5EAL]
{NotarY Public)
20
20
Authority on behalf of
D.Amended FinalPlat
County Commisrione/s Certifi cate
Based upon the review and recommendation of Garfield County Director of Community Dwelopment,
the Board of County Commissioners of Gadield County, Cotorado, hereby approves this Amended
IExemption] Plat thls .* daY of A.D., ZO ---r for filing w ith the C lerk and Recorder of
Garfield County and for conveyance to the County of the public dedications shown hereon, subject to
the provisions that approval in no way obtigates Garfietd County for the flnancing or construction of
improvements on lands, public roads, highways or easements dedicated to the publiq except as
specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval
shall ln no way obligate Garfield County for the construction, repair or maintenance of public roads,
highways or any other public dedications shown hereon.
Chairman, Board of County Commissioners
Garfield CountY, Colorado
Witness my hand and seal of the County of Garfield.
ATTE5T:
County Clerk
Certificate of Dedication and Ownership
The undersigned being sole Owner(s) in fee simple of all
that real property situated ln Garfield County, described as follows:
containing _ acres, more or less, has [have] caused the described real property to be surveyed, laid
out, platted and subdivided into lots and block as shown on this [Exemption] Plat under the name and
style of a subdivision in the County of Garfield. The
Owner{s} do(es) hereby dedicate and set apart all of the streets and roads as shown on the
accompanying Plat to the use of the public forever, and hereby dedicate(s) to the Public Utilities those
portiofis of said real property which are labeled as utility easements on the accompanying Plat as
perpetual easernents forthe installation and maintenance of utilities, irrigation and drainage facilities
including but not limited to, electric lines, gas lines and telephone lines, together with the right to trim
interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance
of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All
expense for street paving or improvements shall be furnished by the seller or purchasel not by the
County of Garfield.
EXECUTED this
-
day of A.0.,20_
Owner
Address:
STATE OF COLoRADO )
couNTY OF GARFIELD )
The foregoing certificate of Dedication and ownership was acknowledged before me this
-
day of
A.D.,20-, by
My commission exPires:
Witness my hand and official seal.
(sEAr)
Notary Public
Surveyo/s Certificate
t,do hereby certify that I am a Professional Land
S116*.ur,*a ,nder the laws of the State of Colorado, that this Plat is a true, correct and complete
Plat of as laid out, platted, dedicated and shown
h"reonjh.t orch ptat was made from an accurate survey of said property by me, or under my
supervision, and correctly shows the locatiOn and dimensions of the lots, easements and streets of
-
as the same are staked upon
th. g*r,'td i, **plirrce with appticable regulations governing the subdivision of land'
ln witness whereof, I have set my hand and sealthis
-
day of A.D.,20_
Professional Land SurveYor
Clerk and Recorder's Certificate
This plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at
_ o'clock on this
-
day of , 20-, and is duly recorded as Reception No'
-
Clerk and Recorder
By
Deputy
Cou ntY SurveYor's Certifi cate
Approved for content and form only and not the accuraoy of surveYs, calculations or drafting' pursuant
to c.R.s. $ 38-51-101 and 102, etseq.
DATED this
-
daY of A.O.,20_
Garfield county surveyor
Title Certificate
|,+anattorneylicensedto.yafi91Jawin.h".:.-,j.^j::,,::o:i
l'0mpany'doherebyCertlfythatlhaveexaminedtheTltletoall
landishownuponthisPlatandthatTitletosuchlandsisvested'n.freeandclearofallliensandencumbranc€s{lncluding
5ements,contract5andagreementsofrecordaffectingtherea!
property in this Plat), except as follows:
DATED this
-
daY of A.D.,20_
TITLE COMPANY:
Agent
OR
AttorneY
Colorado Attorn€y Registration No.
Certifi cate of Taxes Paid
l, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable
are paid in full.
DATED this .- day of A.0.,20_
Treasurer of Garfield CountY
H. Other Plat Certaficates To Be Used, As Necessary
Lienholder Consent, Subordination and Release as to Public Righu-of-Way
{No Exception Needed in Title Certlficate)
; : lff .'fr:; #. [H ]:"1i:i,,'J [;:i 5i'*T l' :;
certifies that the undersigned has reviewed the IExemption] Plat and by this certification hereby joins in
and consents to said Subdivision [Exemption] Plat and to the recording thereof. Beneficiary agrees that
any foreclosure of said Deed(s) of Trust shal! not adversely affect the exlstence and continued validity of
the [Exemption] Plat, which shall run with the land and remain in full force and effect as if this
[ExemptionJ Plat had been delivered and recorded prior to the recording of said Deed(s) of Trust.
Without lirniting the generality of the foregoing, the public right(s)-of-way depicted on the [Exemptionl
plat are dedicated by the Owner(s) hereon, free and clear of any lnterest in the Beneficiary.
Notwithstanding such consent and subordination and release as to public rightsof-way, said real
property, other than the public right(s)-of-way dedicated hereon, shall continue to be encumbered by
the Deed(s) of Trust unless released in accordance with law.
.\C
t{)a s
A.D.,20_.EXECUTED this
-
day of
srATE OF COLORADO )
COUNTY OF GARFIELD }
Lienholder
t, '-
\",..Yr \:' $16
The foregoingi Lienholder Consent, Subordination and Release as to Public Rights-of-Way was
bv-acknowledged before me this
-
day of A.0.,20 ..,
My commission expires:
Witness my hand and officialseal.
(sEAL)
Notary Public
Lienholder Consent and Subordination
(Exception Needed in Title Certificate)
The undersigned, being the Beneficiary under a Deed of Trust granted by the Owne(s) upon the real
property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned
has reviewed the [Exemption] Plat and by this certification hereby consents to said [Exernptionl Plat and
to the recording thereof. Beneflciary further consents to said [Exemption] Plat as stated in the
certificate of dedication and ownership executed by the Owner(s) hereon, and hereby subordinates any
interest that Beneficiary may have in and to the property subject to such dedication, to the entity(iesl or
the general public to which such dedication is made.
EXECUTED this
-
day of A.D.,20_
l?
PROPERTY OWNERS WITHIN 2OO FEET
AND
MINERAL OWNERS
239320300385
ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY
PO BOX 790830
SAN ANTONIO TX 78279
23932040r004
STEVE &MARY NAST
463 E DIAMOND A RANCH RD
CARBONDALE CO 81623
239320401005
JOHN D. & BRENDA BELL
403 DIAMOND A RANCH
CARBONDALE CO 81623
23932040300t
CARBONDALE GLEN SWEETGRASS VISTA LLC
14225 VENTURA BLVD, SUITE lOO
SHERMAN OAKS CA9I423
239320403002
JOHN GEORGE
8088 PARK LANE APT 604
DALLAS TX75231
239320403003
DREAM MASTERS ,LLC LIABILITY
670 FRYING PAN ROAD
BASALT CO 81621
239320403004
BALDWIN, MARK E & SALLY P
3 AMBERTON LANE
HOUSTON TX77024
239320403007
SAMPELS, MERLYN AND ANITA REVOCABLE TRUST
7718 CARUTH BLVD
DALLAS TX75225
239320404017
EXLINE FAMILY TRUST, LLC
6135 SOUTH NETHERLAND CIRCLE
CENTENNIAL CO 80016
239320404019
CARBONDALE GLEN SWEETGRASS VISTA LLC
14225 VENTURA BLVD, SUITE l OO
SHERMAN OAKS CA9I423
239320404020
D2O,LLC
PO BOX 4828
BASALT CO 8I62I
239320404022
CARBONDALE GLEN LOT D22 LLC
14225 VENTURA BOULEVARD SUITE 1OO
SHERMAN OAKS CA9I423
239320404024
D 24LLC
2402 SOUTH GRAND AVENUE
GLENWOOD SPRINGS CO 81601
239320404099
LIES FAMILY TRUST
1OO4O E HAPPY VALLEY ROAD SUITE 608
SCOTTSD ALE AZ 85255
239320404t08
SPASSER, JUDY & CHATMAS, ROBERT W
39 SWEETGRASS DRIVE
CARBONDALE CO 81623
239320404109
OO41 SWEET GRASS,LLC
533 E HOPKINS AVE 3RD FLOOR
ASPE,N CO 81611
MINERAL OWNERS:
ESTATE OF CAESAR J. CHUC
MITCHELL AND LUCILE DYER
C/O PERRY CORYELL
427 LAKE LOOP DRIVE
KALISPELL, MT 59901-8705
PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION
oF covENANTS, CONDITIONS AND
RESTRICTIONS FOR LOT D.I8
ASPEN GLEN FILING NO. 1
GARFIELD COUNTY, COLORADO
Recitals
1. Carbondale Glen Sweetgrass Vista, LLC ("Declarant") is the Owner of the real
property situated in the County of Garfield, State of Colorado, described as Lot D- 1 8, Aspen Glen
Filing No. 1, according to the Plat thereof recorded April 6, 1995, as Reception No. 476330 (the
"Lot") in the records of the Garfield County Clerk and Recorder.
2. Declarant has constructed on the Lot a duplex building consisting of two separate
Units, each designed and intended for use as a residential dwelling, designated as Unit A and Unit
B, which are sometimes referred to separately as "Unit" or collectively as "lJnits."
3. Declarant desires to establish a plan for the Ownership of the Lot as it has been
resubdivided, by establishing separate Ownership and rights and obligations related and
appurtenant to Unit A and Unit B, as identified on the Plat.
DECLARATION
SECTION I
SUPPLEMENTAL DECLARATION;
LOT SUBJECT TO MASTER DECLARATION
A. Declarant does publish and declare that the following terms, covenants, conditions,
easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with
the land described herein, shall be a burden and a benefit to Declarant, its successors and assigns
and any person acquiring or owning an interest in the Units and improvements built thereon, their
grantees, personal representatives, heirs, successors and assigns.
B. Notwithstanding anything set forth in this Supplemental Declaration, the Lot which
has now been resubdivided into Unit A and Unit B, shall at all times be subject to all terms and
conditions of the Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen as
the same are recorded in the records of the Clerk and Recorder of Garfield County, Colorado, as
ReceptionNo.476328, Book 936,Page 350, ("Master Declaration") and as the same has been,
and may be, amended from time to time.
SECTION II
DEFINITIONS
Unless the context shall expressly provide otherwise, the terms used herein shall have the
meanings set forth in the Master Declaration. In addition, the following terms shall have the
following meanings:
A. "Common Access Easement" means any non-exclusive easement
pedestrian, vehicular or utility access, or other designated purpose, which shall
Owners of Unit A and Unit B as provided in this Supplemental Declaration.
upon the Lot for
be shared by the
B. "Duplex" or "Building" means the improvements constructed upon the Lot.
C. "Lot" or "Building Site" means Lot D-18 Unit A or Lot D-l8 Unit B, also known as
Lot D-18A or Lot D-l88, Aspen Glen Filing No. l, Garfield County, Colorado.
D. "Owner" means a person, persons, firm, corporation, partnership or association, or
other legal entity, or any combination, owning an interest in the Parcels, and shall include, when
the context permits, such Owner's family, agents, guests, invitees and, if such Owner is not a
natural person, such Owner's ultimate natural person beneficial Owners.
E. "Plat" means the Plat of the Lot filed on as Reception No.
of the Records of the Garfield County Clerk and Recorder, depicting and
Easement (if any,) which land andlocating with specificity the Units and the Common Access
improvements are subject to this Supplemental Declaration.
F. "IJnit" means either Unit A or Unit B of Lot D-18, Aspen Glen Filing No. 1,
according to the recorded Plat together with the improvements located upon each respective
division of the Lot, the improvements thereon, and appurtenant rights and obligations.
SECTION III
DESCRIPTION AND RESERVATION
Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed, or other legal instrument
affecting title to a Unit shall legally describe such Unit of the Lot or a real property interest therein
as follows:
Party Wall Agreement
Page 2
Unit A or Unit B, (as the case may be) Lot D-18, Aspen Glen Filing No. 1,
according to the Plat thereof and according to the Party Wall Agreement and Supplemental
Declaration of Covenants, Conditions and Restrictions for Lot D-18, Aspen Glen Filing
No. 1, recorded as Reception No.
Garfield, State of Colorado.
of the records of the County of
Every such description shall be good and sufficient for all purposes to sell, convey, transfer,
encumber or otherwise affect the Units and all appurtenant rights, benefits and burdens thereto as
created by the provisions of this Supplemental Declaration, and each such description shall be so
construed.
SECTION IV
PROPERTY DIVISION.
A. Declarant hereby establishes this plan for the subdivision of the Lot into two Units for
Ownership in fee simple consisting of Unit A and Unit B.
B. No Owner shall bring any action for partition or division of Unit A and Unit B from
their appurtenant undivided interests in the Common Access Easement.
C. In the event Unit A and Unit B are owned by the same person or entities, the doctrine
of merger shall not apply.
D. The parties, if more than one, having the Ownership of each such Unit shall agree
among themselves how to share the rights and obligations of such Ownership; provided, however,
that if a corporation, partnership, association or other legal entity shall become an Owner, or the
parties, if more than one, have concurrent Ownership of a Unit, then such entity or concurrent
Owners shall from time to time designate one individual who shall represent such entity or
concurrent Owners in all matters concerning all rights and obligations pursuant to this
Supplemental Declaration.
E. Any such entity or concurrent Owners shall give written notice to the other Owner
designating the individual to act on its or their behalf and such notice shall be effective until
revoked in writing by such entity or Owners. Any act or omission by such designated individual
shall be binding on the entity or Owners so designating him.
F. Each Unit shall be considered a separate parcel of real property and shall be separately
assessed and taxed.
Party Watl Agreement
Page 3
SECTION V
ENCROACHMENTS
If any portion of the improvements associated with Unit A or Unit B now encroaches upon
the other Unit as a result of the construction of any building, or if any such encroachment shall
occur later as a result of settling or movement of any building, a valid easement for the
encroachment and the maintenance of the same so long as the building stands, shall exist. In the
event any building shall be partially or totally destroyed as a result of fire or other casualty or as a
result of condemnation or eminent domain proceedings and then rebuilt, encroachments of parts
of the building on the other Unit, due to such rebuilding, shall be permitted, so long as such
encroachments are of no greater extent than those previously existing, and valid easements for
such encroachments and the maintenance thereof shall exist so long as the building shall stand.
SECTION VI
PARTY WALL
A. The common wall placed on the common boundary separating Unit A from Unit B,
the footings underlying said wall and the portion of roof over such wall are collectively referred
to as the "Party Wa11."
B. To the extent not inconsistent with this Supplemental Declaration, the general rules of
law regarding party walls and liability for damage due to negligence or willful acts or omissions
shall apply to the Party Wall.
C. The Owners of either Unit shall have a perpetual easement in and to that part of the
other Unit on which the Party Wall is located, for party wall purposes, including mutual support,
maintenance, repair and inspection. In the event of damage to or destruction of the Party Wall from
any cause, the Owners shall at joint expense, repair or rebuild the Party Wall, and each Owner
shall have the right to the full use of the Party Wall so repaired and rebuilt. Notwithstanding
anl.thing contained above to the contrary, if the negligence or willful act or omission of any Owner,
his family, agent or invitee, shall cause damage to or destruction of the Party Wall, such Owner
shall bear the entire cost of repair or reconstruction, and an Owner who by his or her negligent or
willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing
the necessary protection against such elements.
SECTION VII
LANDSCAPING, SERVICE FACILITIES, AND PARKING
Subject at all times to the relevant provisions of the Master Declaration:
Party Wall Agreemcnt
Page 4
A. The Owners from time to time shall undertake such landscaping and general outdoor
improvements including but not limited to driveway and parking areas as they may mutually and
unanimously deem proper for the harmonious improvement of both Units in a common theme, and
each Owner shall be solely responsible for all expenses, liabilities and general upkeep
responsibilities with respect to such landscaping and outdoor improvements on the Unit of that
Owner. The Owner of one Unit shall not unreasonably damage the value of the other Unit such as
by shoddy upkeep outside, but both Owners shall make all reasonable efforts to preserve a
harmonious common appearance of the Units. Nothing contained in this Supplemental Declaration
shall be deemed to prevent either Owner from adding any additional natural landscaping, trees or
similar items to such Owner's Unit, or from installing grass, all at the sole expense, maintenance
and upkeep of such Owner, unless otherwise specihcally agreed to by the Owners themselves.
B. Common utility or service connections or lines, common facilities or other equipment
and property located in or on either of the Units but used in common with the other Unit, if any,
shall be owned as tenants in common in equal undivided one-half interests by the Owners of each
Unit and, except for any expense or liability caused through the negligence or willful act of any
Owner, his or her family, agent or invitee, which shall be borne solely by such Owner, all expenses
and liabilities concerned with such property shall be shared proportionately with such Ownership.
The Owner of the Unit on which such property is not located shall have a perpetual easement in
and to that part of such other Unit containing such property as is reasonably necessary for purposes
of maintenance, repair and inspection.
C. The area, if any, identified on the Plat as "Common Access Easement" shall be a
common access to facilities on both Units. There is created a reciprocal easement and
right-of-way for each Owner over, across and through any Common Access Easement. The
Owners shall have equal right to the use of such Common Access Easement and no Owner shall
hinder or permit his or her invitees to hinder reasonable access to the other Owner's Unit, or park
or permit his or her invitees to park any vehicle on the Common Access Easement in a manner
which will prevent access to the other Unit. It is presumed that snowplowing, heating, and other
necessary maintenance of the Common Access Easement will be required from time to time, the
costs of which will be shared by the Owners. Other maintenance, repair or improvements of the
Common Access Easement may be required from time to time, and the same shall be undertaken
upon the unanimous agreement of the Owners who shall share all expenses.
SECTION VIII
ALTERATION, MAINTENANCE AND REPAIRS
Subject at all times to the relevant provisions of the Master Declaration:
A. In addition to maintenance provided for, the Owners shall, at their own individual
expense with respect to each respective Unit, provide exterior maintenance and exterior repair
upon the Units and the unimproved portions of the Units including, but not limited to, the exterior
Party Wall Agreement
Page 5
walls and the roof housing the Units. Repair and replacement or cleaning of exterior windows
shall be considered interior maintenance. If the need for repair or maintenance is caused through
the negligence or willful act of any Owner, such Owner shall bear the entire cost of such repair or
maintenance, even though the need for such repair or maintenance exists on the other Owner's
Unit.
B. In the event an Owner, at his or her own expense, fails to maintain, preserve, and
replace as needed, the trees, shrubs and grass (the plantings), landscaping or other outdoor items
within the property boundaries of his or her Unit commensurate with the standards set forth in the
Master Declaration, the other Owner may, after 30 days written notice to the Owner, if such failure
continues and if within that time the offending Owner has failed to make a good faith effort to
bring his or her plantings, landscaping or other outdoor items into substantial conformity with the
neighbors plantings, landscaping or other outdoor items, contract with responsible parties to bring
to standard the offending Owner's plantings, landscaping or other outdoor items and charge the
offending Owner therefor and such cost shall be added to and become a charge and lien to which
such Unit is subject. Each Owner grants to the other Owner, its agents and assigns, an irrevocable
easement to perform the above work.
C. Each Owner shall be solely responsible for maintenance and repair of the inside of his
or her Unit including fixtures and improvements and all utility lines and equipment located there
and serving such Unit only; window glass and frames shall be deemed interior maintenance. In
performing such maintenance and repair, or in improving or altering his or her Unit, no Owner
shall do any act or work which impairs the structural soundness of either Unit or the Party Wall or
which interferes with any easement granted or reserved in this Supplemental Declaration.
D. Utility or service connections or lines, facilities or other utility equipment and property
located in, on or upon either of the Units, which are used solely to supply a service or utility to one
Unit, shall be owned by the Owner of the Unit using such utility or service and all expenses and
liabilities for repair and maintenance shall be borne solely by the Owner of such Unit, who shall
have a perpetual easement in and to that part of such other Unit containing such property as is
reasonably necessary for purposes of maintenance, repair and inspection. Such utility or service
connections or lines, facilities or other utility equipment which serve both Units shall be the
responsibility of the Owners of both Unit A and Unit B and expenses associated therewith shall be
borne as provided under Section IX below.
E. No Owner shall make or suffer any structural or design change (including a color
scheme change), either permanent or temporary and of any type or nature whatsoever, upon any
part of his or her Unit without first obtaining the prior written consent of the other Owner. The
Units shall be painted in the same color scheme and at the same time, and both Units shall be
maintained in the same manner. In the case of damage or destruction of any Unit or any partthereof
by any cause whatsoever, the Owner of such Unit shall cause with due diligence the Unit to be
repaired and restored, applying the proceeds of insurance, if any, for that purpose. Such Unit shall
Party Wall Agreement
Page 6
be restored to a condition comparable to that prior to the damage and in a harmonious manner to
promote the common theme of both Units.
SECTION IX
ALLOCATION OF EXPENSES
Costs and expenses of landscaping, service facilities, parking, alteration, maintenance and
repairs, including, without limitation, expenses related to the Party Wall, except as caused by the
negligence or willful act of an Owner, shall be allocated in the following proportions:
Unit A
Unit B
50%
5jYo
SECTION X
MECHANIC'S LIENS: INDEMNIFICATION
A. Except for items incurred as a common expense as provided for in this Supplemental
Declaration, if any Owner shall cause any material to be furnished to his or her Unit or any labor
to be performed, the other Owner shall not under any circumstances be liable for the payment of
any expense incurred or for the value of any work done or material furnished; all such work shall
be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible
to contractors, laborers, materialmen and other persons furnishing labor or materials to his or her
Unit or any improvements; nothing shall authorize either Owner or any person dealing through,
with or under either Owner to charge the Unit of the other Owner with any mechanic's lien or other
lien or encumbrance whatever; and, on the contrary, the right and power to charge any lien or
encumbrance of any kind against one Owner or against one Owner's Unit for work done or
materials furnished to the other Owner's Unit is expressly denied.
B. Except as provided for below, if, because of any act or omission of any Owner, any
mechanic's or other lien or order for the payment of money shall be filed against the other Owner's
Unit or any improvements, or against any other Owner (whether or not such lien or order is valid
or enforceable as such), the Owner whose act or omission forms the basis for such lien or order
shall at his or her own cost and expense cause the same to be canceled and discharged of record or
bonded by a surety company reasonably acceptable to such other Owner, within 20 days after the
date of filing, and further shall indemnify and save the other Owner harmless from and against any
and all costs, expenses, claims, losses or damages, including reasonable attorney's fees.
Party Walt Agreement
Page 7
SECTION XI
INSURANCE
A. The Owners of both Units shall jointly acquire and at all times maintain a policy of
insurance which shall insure both Units and all fixtures against loss or damage by fire and extended
coverage perils (including vandalism and malicious mischief; for the maximum replacement value,
which amount shall be established by mutual agreement of the Owners. In the event the Owners
cannot agree upon the replacement value for purposes of establishing the level of insurance to be
obtained, any Owner may on 30 days' written notice, at any time one year or longer after the last
appraisal of the Units, obtain a written appraisal of such Units from a competent appraiser, and the
cost shall be allocated as set forth in Section IX. Such appraiser shall be a disinterested and
independent third party who is unrelated in any manner to either Owner whether through joint
business adventures or otherwise. The cost of such joint insurance shall be borne by each Owner
in amounts mutually acceptable to the Owners at the time of acquisition of each such policy of
insurance and at each renewal thereof. In the event the Owners cannot agree on the allocation of
the cost of such insurance, the cost thereof shall be allocated as set forth in Section IX.
B. Each Owner shall provide and keep in force, for the Owner's protection, general public
liability and property damage insurance against claims for bodily injury or death or property
damage occurring in, on or upon, his or her Unit and any improvements, in a limit of not less than
$500,000 in respect of bodily injury or death to any number of persons arising out of one accident
or disaster, or for damage to property, and if higher limits shall at any time be customary to protect
against possible tort liability, such higher limits shall be carried and each Owner shall name the
other Owner as an additional insured party under such policy.
C. Each Owner shall deliver to the other Owner certificates evidencing all insurance
required to be carried under this paragraph, each containing agreements by the insurers not to
cancel or modify the policies without giving the other Owner written notice of at least 30 days.
Each Owner shall have the right, upon his or her reasonable request, to inspect and copy all such
insurance policies of the other Owner and require evidence of the payment of individual premiums.
SECTION XII
DESTRUCTION OF IMPROVEMENTS ON UNIT
A. In the event of damage or destruction to a Unit by fire or other disaster, the insurance
proceeds, if sufficient to reconstruct the Unit, shall be deposited into a bank account which
requires, for withdrawals, the signature of both the Owners, unless otherwise required by the
insurance carriers, in which event the requirements of the insurance carriers shall establish the
method of disbursement. The Owners shall then promptly authorize the necessary repair and
reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost.
"Repair and reconstruction" of the Units means restoring the improvements to substantially the
Party Wall Agreement
Page 8
same condition in which they existed prior to the damage with such Unit having the same
boundaries as before.
B. If the insurance proceeds are insufficient to repair and reconstruct any damaged Unit,
such damage or destruction shall be promptly repaired and reconstructed by the Owner using the
insurance proceeds and the proceeds of a special assessment against the Owners of the damaged
Unit. Any such assessments shall be equal to the amount by which the cost of reconstruction or
repair of the Unit exceeds the sum of the insurance proceeds allocable to such Unit. Such
assessments shall be due and payable not sooner than 30 days after written notice of the
assessments. The special assessment provided for in this agreement shall be a debt of each Owner
and a lien on his or her Unit and the improvements and may be enforced and collected by
foreclosure proceedings in the Courts.
C. Notwithstanding the above, the Owners and first mortgagees of any or all of the
destroyed or damaged Units may agree that the destroyed or damaged Units shall immediately be
demolished and all debris and rubble caused by such demolition be removed and the Unit(s)
regraded and landscaped. The cost of such landscaping and demolition work shall be paid for by
any and all insurance proceeds available. Any excess insurance proceeds shall then be disbursed
to such Owners and their first mortgagees jointly.
SECTION XIII
RIGHT TO LIEN
A. If an Owner, at any time, shall neglect or refuse to perform or pay his or her share of
any obligation required under this Supplemental Declaration, the other Owner may, but shall not
be obligated to, after 15 days written notice unless the circumstances required immediate action,
make such payment or, on behalf of such other Owner, expend such sum as may be necessary to
perform such obligation including, but not limited to, the payment of any insurance premiums
required under this Supplemental Declaration or the undertaking of any work required under this
Supplemental Declaration for repair, restoration or maintenance, and such other Owner shall have
an easement in and to that part of such defaulting Owner's Unit as is reasonably necessary for such
repair, restoration or maintenance.
B. All sums so paid or expended by an Owner, with interest at the rate of 18 percent per
year from the date of such payment or expenditures, shall be payable by the Owner so failing to
perform (the "defaulting Owner") upon demand of the other Owner.
C. All sums so demanded but unpaid by the defaulting Owner shall constitute a lien on
the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and
encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first
mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the date
when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on
Party Wall Agreement
Page 9
real property upon the recording of a notice or claim thereof executed by the non-defaulting Owner
setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner, and a
description of the Unit. In any such foreclosure or any other collection proceeding the defaulting
Owner shall be required to pay the costs and expenses of such proceedings, including reasonable
attorney's fees, all of which costs shall be included in the lien as provided in this agreement.
D. The lien provided for in this Supplemental Declaration shall be subordinate to the lien
of any first mortgage or deed of trust, including all additional advances. Sale or transfer of any
Unit as the result of judicial foreclosure, mortgage foreclosure through the public trustee, or any
proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to payments
thereof which become due prior to such sale or transfer, but shall not relieve any former Owner of
personal liability. The mortgagee of such Unit who acquires title by way of foreclosure or the
taking of a deed in lieu of foreclosure shall not, however, be liable for future assessments on the
date it becomes the Owner of such Unit. No sale or transfer shall relieve such Unit from liability
for any assessments thereafter becoming due or from the lien thereof. In the event of the sale or
transfer of a Unit with respect to which sums shall be unpaid by a defaulting Owner, except
transfers to a first mortgagee in connection with a foreclosure of its lien or a deed in lieu thereof,
the purchaser or other transferee of an interest in such Unit shall be jointly and severally liable
with the seller or transferor for any such unpaid sums.
E. Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or
other prospective transferee of a Unit, the Owner of the other Unit shall issue a written statement
setting forth the amount he or she is owed under this paragraph, if any, with respect to such Unit.
Such statement is binding upon the executing Owner in favor of any person who may rely thereon
in good faith. Unless a request for such statement shall be complied with within fifteen days after
receipt, all unpaid sums which became due prior to the date of making such request shall be
subordinated to the lien or other interest of the person requesting such statement.
SECTION XIV
ALL OWNERS RESPONSIBLE--Mediation
Both Unit Owners shall be mutually responsible for the administration and management of
the obligations created under this Supplemental Declaration. However, in the event both Owners
cannot mutually agree when a decision is required by this Supplemental Declaration, the Owners
shall attempt to resolve the impasse by first proceeding in good faith to submit the matter to
mediation. The Owners will jointly appoint an acceptable mediator and will share equally in the
cost of such mediation. In the event the entire dispute is not resolved within sixty (60) calendar
days from the date written notice requesting mediation is sent by one Owner to the other, the
mediation, unless otherwise agreed, shall terminate. In the event the mediation is terminated
without resolving the entire dispute, the Owners may then seek appropriate relief as provided in
Section XVIII hereof.
Party Wall Agreement
Page l0
SECTION XV
NOTICE
Each Owner shall register his or her mailing address with the other Owner and all notices
or demands intended to be served upon Owners shall be sent by certified mail, postage prepaid,
addressed in the name of the Owner at such registered mailing address. In the alternative, notice
may be delivered, if in writing, personally to Owners.
SECTION XVI
DURATION OF DECLARATION
Unless amended as herein provided, each provision contained in this Supplemental
Declaration shall continue and remain in full force and effect until 2046, and thereafter for
successive periods of 10 years each; unless during the calendar year of2045 or at least 1 year prior
to the expiration of any such 10-year period of extended duration, this Supplemental Declaration
is terminated by recorded instrument, directing termination, signed by all Owners and all lienors
holding a hrst mortgage or first deed of trust of record on any portion of Unit A or Unit B.
SECTION XVII
AMENDMENT OR REVOCATION
This Supplemental Declaration may be amended or revoked only (a) by Declarant so long
as Declarant owns both Unit A and Unit B, or (b) upon unanimous written approval in recordable
form of all Owners and all lienors holding a first mortgage or first deed of trust of record on any
portion of Unit A or Unit B.
SECTION XVIII
ENFORCEMENT AND REMEDIES
A. In the event of any unresolved controversy or dispute arising in any way out of this
Supplemental Declaration, the Owners of the Units agree that such controversy or dispute shall be
submitted to final and binding arbitration in the State of Colorado according to the rules and
practices of the American Arbitration Association from time to time in effect. The prevailing
party in any such arbitration proceeding shall be entitled to recover its costs and expenses in
connection therewith, including reasonable attorney fees. Any award of such arbitration may be
confirmed by the Court in accordance with the provisions of the Uniform Arbitration Act of 1975,
C.R.S. 13-22-201, et seq., as amended. Notwithstanding the foregoing, either Owner, without
first proceeding to arbitration, may bring an action in the District Court of Garfield County,
Party Watl Agreement
Page I I
Colorado, to foreclose any lien granted by the terms and conditions of this Supplemental
Declaration.
B. Failure to enforce any
a waiver of any such provision,
provision hereof.
The
considered
provision of this Supplemental Declaration shall not operate as
the right to enforce such provision thereafter, or of any other
SECTION XIX
EXERCISE OF RIGHTS
Any exercise of any rights granted under this Supplemental Declaration by one Owner with
respect to the other Owner's Unit, including but not limited to the use of any easement granted,
shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such
other Owner's use of his or her Unit.
SECTION XX
SUCCESSORS AND ASSIGNS
Except as may otherwise be provided herein, this Supplemental Declaration shall be
binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the heirs,
personal representatives, successors and assigns of each,
SECTION XXI
SEVERABILITY
Invalidity or unenforceability of any provisions of this Supplemental Declaration in whole
or in part shall not affect the validity or enforceability of any other provision hereof.
SECTION XXII
CAPTIONS
captions and headings in this instrument are for
in construing any provisions of this Supplemental
convenience only and shall not be
Declaration.
Party Wall Agreement
Page 12
SECTION XXIII
CONSTRUCTION
When necessary for proper construction, the masculine of any word used in this
Supplemental Declaration shall include the feminine or neuter gender, and the singular the plural,
and vice versa.
In Witness Whereof, Declarant has executed this Declaration on
2016.
DECLARANT
CARBONDALE GLEN SWEETGRASS VISTA, LLC,
a Delaware limited liability company
By:
Robert Shapiro, Manager
STATE OF
COUNTY OF
The foregoing document was acknowledged before me this day of
,2016 by Robert Shapiro as Manager of Carbondale Glen Sweetgrass
Vista, LLC, a Delaware limited liability company.
Witness my hand and official seal.
NOTARY PUBLIC
My commission exprres:
Address:
Party Wall Agreement
Page 13
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BE'
Barcolrg c GnrEN,pc
A FULL SERVICE LAW FIIIM SINCE 1953
Chad J. Lee, Esq.*
Telephone (97 0) 9 45-6546
Facsimile (97 0) 9 45 -8902
clee@balcombgreen.com
*Licensed in CO and WY
August 1.0,2016
Mr. David Pesnichak
Garfield County Community Development Department
Planning Manager
108 8th St. #401
Glenwood Springs, CO 81601
Re: Application for Amended Final PIat for Lot D-18, Aspen GIen Filing I -
Carbondale Glen Sweetgrass Vista, LLC
Dear Dave:
Thanks for your letter yesterday requesting additional information on our efforts to
identify mineral owners. The Garfield County Land Use and Development Code require an
Applicant to provide notice to mineral owners in accordance with C.R.S. S 24-65.5-101 "as such
owners can be identified through records in the office of the Clerk and Records or Assessor, or
through other means." GCLUDC 4-101(EX4). Section 24-65.5-1,01, requires that an applicant
notify a mineral estate owner who either (1) is identified as such by the county tax assessor's
records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do
not identify any mineral estate owners, including their addresses of record, "the applicant shall
be deemed to have acted in good faith and shall not be subject to further obligations...." On July
20'h, and updated as of today's date we conducted the following tasks:
1.. We researched the Garfield County Clerk and Recorder's index of mineral owner
requests for notification per C.R.S. 524-65.5-1,01 and confirmed that no mineral owner
for the subject property has filed a request for notification;
2. We spoke with Casey at the Garfield County Assessor's office and he said to their
knowledge there are no severed minerals for the subject property. We also confirmed
that the Assessor's records for Section 29 still list Mitchell and Lucile Dyer as mineral
owners; and
Basalt Office:
211 Midland Avenue, Ste. 201
Basalt, CO 81621
Glenw o o il Spings O ffi c e :
818 Colorado Avenue
Glenwood Springs, CO 81601
Aspen Office:
0133 Prospector Road, Ste.4102E
Aspery CO 81611
P.O. Box 790, Glenwood Spring+ CO 81602 . (970) 945-6545 r wrvw.balcombgreen.com
ffGF,frl:m,mFSS5,;;
David Pesnichak
August 1.0,2016
Page2ol2
3. We confirmed that the Final PIat of Aspen GIen Filing No. 1 lists the Estate of Caesar
J. Chuc without an address. We researched the Garfield County records in search of
an address and could not find a current address.
This exceeds our obligations to search mineral owners under Colorado Statute and the
Garfield County Code. Please do not hesitate to contact me with further questions.
Sincerely,
BALCOMB & GREEN, P.C.
Chad
E-mail: cle{il,bal combggeen. cottt
CJL/bc