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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Major Subdivision El Final Plat Amendment • Sketch ■ Preliminary ■ Final 0 Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption ❑ Yield 0 Sketch ■ Preliminary ■ Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: Wildernest Investments, LLC Phone: ( 818 ) 386-6300 Mailing Address: 14225 Ventura Boulevard, Suite 100 city: Sherman Oaks E-mail: rjsaly@aol.com State: CA Zip Code: 91423 Representative (Authorization Required) Name: Chad Lee, Esq. of Balcomb & Green, P.C. Phone: ( 970 ) 945-6546 Mailing Address: P.O. Drawer 790 city: Glenwood SpringsState: CO Zip Code: 81601 E-mail: clee@balcombgreen.com 1 PROJECT NAME AND LOCATION Project Name: Lot D38, Aspen Glen Filing 1 Assessor's Parcel Number: 2393 - 203 - 04 - 038 Physical/Street Address: TBD, Carbondale, CO 81623 Legal Description: Lot D-38, Aspen Glen, Filing No. 1, according to the Plat thereof recorded April 6, 1995 as Reception No. 476330 Zone District: Residential Property Size (acres): 0135 Project Description , Existing Use: Residential single family dwelling. Proposed Use (From Use Description of Project: Table 3-403): Duplex unit constructed on Lot D-38. Applicant seeks to create a common lot line to separate an existing duplex on this parcel. Proposed Development Area Land Use Type1 # of Lots # of Units Acreage Parking Single Family Duplex 2 2 0.735 Multi -Family Commercial Industrial Open Space Other Total 2 2 0.735 REQUEST FOR WAIVERS Submission Requirements 9 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Covenants Section: Subdivision Improvements Agreement Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the sta ents correct and accurate tr/ the best of my kno provided the required attached information which is dge. Signature of Property Owner Date 2/2-i/17 I OFFICIAL USE ONLY File Number: Fee Paid: $ 858697 01/28/2015 11:58:50 AM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $10.00 eRecorded WARRANTY DEED State Doc Fee: $10.00 THIS DEED is dated the 2 day of January, 2015, and is made between James A. Shirk (whether one, or more than one), the "Grantor" of the County of McLean and State of Illinois and Wildernest Investments, LLC a Delaware Limited Liability Company (whether one, or more than one), the "Grantee", whose legal address is 14225 Ventura Blvd, #100, Sherman Oaks, CO 91423-2758 of the County of Los Angeles and State of California. WITNESS, that the Grantor, for and in consideration of the sum of One Hundred Thousand Dollars and No Cents $100,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: Lot D-38 ASPEN GLEN FILING NO. 1 according to the plat thereof recorded April 6, 1995 as Reception No. 476330. County of Garfield, State of Colorado also known by street address as: TBD Seeburg Circle, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit "A" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. State ofp u,r County of RLtj� The foregoing instrument was acknowledged before me this (p day of January, 2015 by James A Shirk. PAUL A: GLASS Commission # 1964017 "*Vi f Notary Public - California _ z z `!. Riverside County My Comm. Expires Dec 17, 2015 Witnes and official se I. Notary Public My commission expires: L-7 RC/4 Stewart Title File Number: 01330-52201 932A WARRANTY DEED STCO Page 1 EXHIBIT "A" DEED EXCEPTIONS 1. Taxes for the year 2015 and subsequent years not yet a lien due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Right of the proprietor of a 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 of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522. 4. Deeds recorded December 26, 1958 in Book 314 at Page 160 as Reception No. 203858; recorded September 26, 1961 in Book 336 at Page 570 as Reception No. 215212; recorded January 5, 1965 in Book 363 at Page 33 as Reception No. 228221; recorded May 8, 1950 in Book 250 at Page 271 as Reception No. 172106; recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326; recorded October 13, 1964 in Book 361 at Page 275 as Reception No. 227254; recorded December 17, 1964 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. 5. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356, in Book 931 at Page 374 as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358, in Book 931 at Page 412 as Reception No. 474359 and in Book 931 at Page 432 as Reception No. 474360. 6. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows: 7. A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262. B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154. C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796. D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955. E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058. F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462. G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765. H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797. I. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798. J. Resolution No. 2006-79 recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257. 8. Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Book 835 at Page 364 as Reception No. 436263. 9. Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August 19, 1994 in Book 912 at Page 973 as Reception No. 467451. 10. Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330. 11. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328, First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception 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 8 as Reception No. 520203, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005, Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668, Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952, First Amendment to the Master Declaration recorded October 30, 2003 in Book1533 at Page 735 as Reception No. 639707 and Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No. 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512. Stewart Title File Number: 01330-52201 Page 2 932A WARRANTY DEED STCO 12. Subdivider's Agreement as contained in Instrument recorded April 6, 1995 in Book 936 at Page 444 as Reception No. 476329. 13. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331. 14. Declaration of Golf Facilities 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 Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as Reception No. 503024. 17. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Reception No. 719513 Stewart Title File Number: 01330-52201 Page 3 932A WARRANTY DEED STCO Commonwealth Title Company of Garfield County, Inc. 127 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: January 4, 2017 File No. 1612046 Property Address. 180 Seeburg Circle, Carbondale Balcomb & Green 818 Colorado Avenue Glenwood Springs , CO 81601 Attn: Britt Email: brittc@balcombgreen.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1612046 1. Effective Date: December 27, 2017 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $N/A Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 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 hereof vested in: Wildernest Investments, LLC, a Delaware limited liability company 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lot D-38 Aspen Glen Filing No. 1 According to the plat thereof recorded April 6, 1995 as Reception No. 476330 TITLE CHARGES Informational Commitment $250.00 COUNTERSIGNED: Pct tyl,Gk, P. 3 t -t.+' we ui Authorized Officer or Agent American Land Title Association Schedule A (Rev'd 6-06) Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1612046 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the 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. 1. This commitment is for informational purposes only and no policy will be issued. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance 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 Insurance Company of Garfield County, Inc. 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available 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 may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive 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; or, 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, 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. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 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 and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, 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. 1612046 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a 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 of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 11, 1892 in Book 12 at Page 133. 10. Right of the proprietor of a 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 of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 16, 1892 in Book 12 at Page 135. 11. Reservation of an undivided 1/4 interest in and to all oil, gas, hydro -carbons and minerals of every kind and nature in, on or under the subject property, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface for all damages occasioned in connection therewith, as set forth in deed recorded December 26, 1958 in Book 314 at Page 160 and any assignments thereof or interests therein. 12. Terms, conditions, provisions and obligations as contained in agreement recorded April 12, 1992 in Book 827 at Page 636. 13. Terms, conditions, provisions and obligations as contained in agreement recorded June 29, 1992 in Book 835 at Page 364. 14. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded June 29, 1992 in Book 835 at Page 305 15. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded December 28, 1993 in Book 887 at Page 824 16. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded February 2, 1994 in Book 891 at Page 620. 17. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded August 9, 1994 in Book 911 at Page 791. 18. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 682. 19. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 686. 20. Terms and conditions of Garfield County Board of Commissioner Resolution for Aspen Glen Planned Unit Development recorded August 20, 1997 in Book 1030 at Page 722. 21. Terms and conditions contained in easement agreement recorded February 10, 1995 in Book 931 at Page 354. 22. Terms and conditions contained in easement agreement recorded February 10, 1995 in Book 931 at Page 374. 23. Easements, rights of way and other matters as set forth on the plat of Aspen Glen Planned Unit Development recorded April 6, 1995 under Reception No. 476330. (continued) File No. 1612046 SCHEDULE B - SECTION 2 (Continued) 24. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded April 6, 1995 in Book 936 at Page 314. 25. Restrictive covenants, which do not contain a forfeiture or reverter clause, as contained in instrument recorded April 6, 1995 in Book 936 at Page 350. Amended in instrument recorded July 15, 1997 in Book 1026 at Page 161 Supplemented in instrument recorded August 24, 1998 in Book 1084 at Page 943. Amended in instrument recorded October 26, 1998 in Book 1094 at Page 517. Amended in instrument recorded November 19, 1999 in Book 1161 at Page 293. Amended in instrument recorded December 14, 1999 in Book 1164 at Page 755. Amended in instrument recorded May 8, 2003 in Book 1467 at Page 910. 26. Terms, conditions and provisions of Subdivider's Agreement as contained in instrument recorded April 6, 1995 in Book 936 at Page 444. Amended in instrument recorded July 11, 1996 in Book 984 at Page 697. 27. Deed of Trust from Wildernest Investments, LLC, a Delaware Limited Liability Company to the Public Trustee of Garfield County for the use of Woodbridge Mortgage Investment Fund 3, LLC, a Delaware limited liability company, showing an original amount of $1,815,000.00, dated October 23, 2015 and recorded October 28, 2015 as Reception No.869847. Note: Collateral Assignments of Note, Mortgage and other Loan Documents recorded August 23, 2016 as Reception No. 881378 August 23, 2016 as Reception No. 881379 August 23, 2016 as Reception No. 881380 August 23, 2016 as Reception No. 881381 August 23, 2016 as Reception No. 881382 August 23, 2016 as Reception No. 881383 August 23, 2016 as Reception No. 881384 August 23, 2016 as Reception No. 881385 August 23, 2016 as Reception No. 881386 August 23, 2016 as Reception No. 881387 August 23, 2016 as Reception No. 881388 February 29, 2016 as Reception No. 874210 February 29, 2016 as Reception No. 874211 February 29, 2016 as Reception No. 874212 February 29, 2016 as Reception No. 874213 February 29, 2016 as Reception No. 874214 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: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (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 of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 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 certain 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 of your 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: (1) 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 companies involved in real estate services, such as appraisal companies, home warranty 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. Confidentiality 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 currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 858698 01/28/2015 11:58:50 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY (C.R.S. §38-30-172) 1. This Statement of Authority relates to an entity named WILDERNEST INVESTMENTS, LLC. 2. The type of entity is a Limited Liability Company. 3. The entity is formed under the laws of the STATE OF DELAWARE. 4. The mailing address for the entity is 14225 Ventura Blvd., Suite 100, Sherman Oaks, California 91423. 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of WILDERNEST INVESTMENTS, LLC is: Robert Shapiro, Manager 6. The authority of the foregoing person to bind WILDERNEST INVESTMENTS, LLC is unlimited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. §38-30-172. Executed this 216' day of January, 2015. WILDERNEST INVES a Delaware limi "liabi ty company By: Robert Shapiro, Manager STATE OFCal IIPornIvi COUNTY OF LOS ss. Q> ) The above and foregoing instrument was acknowledged before me this 2, I day of January, 2015, by Robert Shapiro as Manager of Wildernest Investments, LLC, a Delaware limited liability company. Witness my hand and seal. My commission expires: P�lB • 8 ALAMTE Commission 0 2085700 NMI Mir - CNHomis Los Aliso County #II0f10iJlOf 21i. 2018 Notary Public WILDERNEST INVESTMENTS, LLC 14225 VENTURA BOULEVARD, SUITE 100 SHERMAN OAKS, CA 91423 (81 8) 386-6300 February 17, 2017 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Amended Final Plat Application — Wildernest Investments, LLC Dear Madam or Sir: Wildemest Investments, LLC is the owner of the real property which is the subject of the Application for an Amended Final Plat for Lot D-38, Aspen Glen Filing 1. Wildemest Investments, LLC hereby authorizes Chad J. Lee, and the firm of Balcomb & Green, P.C. to act in all respects as the authorized representative of Wildernest Investments, LLC to submit and prosecute the above - referenced application. Very truly yours, WILDERNEST INVESTMENTS, LLC, a Delaware limited liability co pany By: Robert Shapir anager [je Garfield County] PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Wildernest Investments, LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amended Final Plat for Lot D-38, Aspen Glen Filing 1 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Rick Salvato Phone: (818 ) 386-6300 Billing Contact Address: 14225 Ventura Boulevard, Suite 100 City: Sherman Oaks Billing Contact Email: rjsaly@aol.com State: CA Zip Code: 91423 Printed Name of Person Authorized tE i n: Robert Shapiro (Signatur 212_1/17 (D) Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239320304038 OWNER: WILDERNEST INVESTMENTS LLC PRACTICAL LOCATION: SEEBURG CIR, CARBONDALE 81623 TYPE OF APPLICATION: Amended Final Plat DATE: January 6, 2017 I. GENERAL PROJECT DESCRIPTION Aspen Glen Filing 1, Lot D38 seeks to create a common lot line to separate an existing duplex on this parcel. In order to accommodate access to proposed Lot D38B, it is understood that an access easement for a shared driveway is to be put in place. This draft easement and a depiction of this easement on the Plat will be necessary at the time of submittal. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording 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.B. These application materials 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) • Statement of Authority (for WILDERNEST INVESTMENTS LLC.) and Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary • 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 • Improvements Agreement (may be waived upon request) • Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) • Code, Covenants, Restrictions (needs to be referenced on the plat) • Party Wall Agreement • Access Easement for proposed Lot D38B • 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 Commissioners Board of Adjustment 2 c. Referral Agencies: May include Aspen Glen HOA, Garfield County Designated Engineer, County Surveyor. Note: Additional copies of the complete application will be requested once the application is deemed Technically Complete. These copies will be sent to the referral agencies for their review and comments. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map - Site Plan ■ Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study ■ Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards Pre -application Summary Prepared by: January 6, 2017 David Pesnichak, AICP Date 3 kAA i 5 5 1 ,31 ASPEN GLEN, FILING 1, LOT LD3/3 AM 'i DED FINAL PLAT Wei En 0.4 �g8 446' of t4 yo % VP -1044 i*'t %#4 wrie.60, LI PROPERTY OWNERS WITHIN 200 FEET AND MINERAL OWNERS 239320300385 ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY PO BOX 790830 SAN ANTONIO, TX 78279 239320301024 CARBONDALE GLEN LOT E24 LLC 14225 VENTURA BOULEVARD, SUITE 100 SHERMAN OAKS, CA 91423 239320301033 BRISE SOLEIL INVESTMENTS LLC 14225 VENTURA BOULEVARD, SUITE 100 SHERMAN OAKS, CA 91423 239320304035 D-35, LLC 1818 RIDGECREST WAY HIGHLANDS RANCH, CO 80129 239320304036 THE HANNELORE P. DAWSON 2004 TRUST HANNELORE P. DAWSON AS TRUSTEE 13602 JADESTONE WAY SAN DIEGO, CA 92130 239320304038 WILDERNEST INVESTMENTS LLC 14225 VENTURA BOULEVARD, SUITE 100 SHERMAN OAKS, CA 91423 239320304039 SEVEN SEAS EQUITIES, INC. 2840 WEST BAY DRIVE, #347 LARGO, FL 33770 239320304041 HESS, ROBERT H. AND SUSAN S. 106-B DIAMOND A RANCH ROAD E CARBONDALE, CO 81623 239320304044 MKS INVESTMENTS LLC 5010 HILLSBORO AVENUE NORTH NEW HOPE, MN 55428 239320304096 PEPPERWOOD INVESTMENTS, LLC 14225 VENTURA BOULEVARD, SUITE 100 SHERMAN OAKS, CA 91423 239320304097 HIGH MEADOWS LAND COMPANY 203 ROSS ROAD LEXINGTON, VA 24450-1973 239320304110 KRUSE, RICHARD B. AND KAREN JANE 139 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 239320304114 NORRIS D. EWALT TRUST SUSAN M. EWALT TRUST 173 PENNY LANE, #5 NAPLES, FL 34112 239320304115 POLSON, DOUGLAS R. AND CHERYL J. 210 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 239320404034 GEORGE M. KURAJIAN, JR. TRUST 17 BLUEBILL AVENUE, #706 NAPLES, FL 34108 239320404114 JOINER, THOMAS S. P.O. BOX 1675 CARBONDALE, CO 81623 239320404115 BAKER, CHRISTOPHER CODY LAWLER, COURTNEY C. 454 JODY LANE BASALT, CO 81621 MINERAL OWNERS: ESTATE OF CAESAR J. CHUC MITCHELL AND LUCILE DYER C/O PERRY CORYELL 427 LAKE LOOP DRIVE KALISPELL, MT 59901-8705 Garfield County Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer Printed by Web User Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. 1 inch = 1,505 feet 1 inch = 0.28 miles 0.2 0.4 0.8 Miles Garfield County Garfield County Colorado www.garfield-county.com Colorado © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 12/29/2016 at 3:11:00 PM i • Ifttat 130 y) o ,\"1 \° ti co o o c filet ff,t) • Ft PoN 0 0 oZON N ollqnd /Cibl oN cb Jep iooa,y )/Ja/O Jo X:iotbu6is paziuo%tnv //np SD �q `'ioZ "ov The foregoing Lienho/der Consent and Subordination was acknow/edged before me this ____ 30 ,(1 NnOO Clerk and Recorder's Certificate: I I I aoXaAans /(, unoo playio 1003 23A binS Sn 1 N3/N3817SV3N 30 1/Nn 910Z `*1 2/38fY3AON :(3A8n5 30 31 VO dVO ON YV83Z/ SON ONnO3 S31 V0/ON/ • — 01/91 ON S'7 dVO OLLSV7d MO773( nfr/1 1 V Hl/M b/V83b1 SON ONn03 531 VO/ON/ 0 — — ® INDICATES FOUND NO.5 REBAR W/TH A 1 1/4" ORANGE PLAST/C CAP L.S. NO. 27615 t1 -&r 0, 0 m 12. 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CO O J Q y Q Cl Qy1 °a 0 a m o cI rn Qc�`CD'OZL 40 0 I �a rno,.,cQ°,c o cry a O J C• 0 o s`^"°,Q� ^F CA CA y cD J O cbaco4sbq QO o`� O \h JOOJJ0 crQ u,J Ob a O Q CD �9 /io' The foregoing Certificate of Dedication and Ownership was acknowledged before me JO .(1 Nnoo Co County Commissioner's Certificate v V)/V , 81N39 0311103X3 Q 0 :sJaUMO /LJaui`y 9r 0) rdfr 'P CO cb O3SC3Cb1)a0O�-� oJo o°o00J-, . iQ2'aooO'3o.oipjc °_`erO �CO s0�Q a��JQrn0,.^3a°p0O;o�,.cQw�aQrnyocio�• b tl- coJI.coccCDO'OVi QO�`a��NAl�ocoo�n13,a1Co�0rn�a;• o CO -0 1/4c co2 y(bO 3-aOcCDrn rn �' i` ``0 3 0 0 �aR� oQr:1:1!::2 ���.ak�1.ZjQcQ C c.1D () 0 o, 0 :(,): Q,=so2 l,o 1 cD 0 ~'0Q�n �v n 1- cD k0).� Q cD p ^' 0 p c0 ',' j Q a�,Q �0Q3 rn �b30,So 0"1"1-b„CO"i-COo J j J ^� aQ cD Q Q 1 4 a oc�""JOoilC b orn °cDycQrnQ'�Cocrn �a °'0'j y a� b° 0 0 O.J 4y-`C14cA, cD n �QQ O ,c Ci oo-s rn 1cQ•J Q� o rn o•o aQ�o' nrn Cb ZtQ ���°(1•C' jb CPCOay Cb 2.1 Cb J CI. cD 3 �'. CO (31 !I, Q J' cD Q.� J c� • S. Q `',cQ �S. ry-c1D QO cD c�D a��cpO QyQJ'joo - 1 3,` �oif :6 ;Q �Q��Q���Q cD� cll rn O 3j2 •o(aQ'yQO�cpZ O QO cD Q \ 0• ° cD , ( Q O a ��Q^c'OC�1.Qkt c9 J rn J J co Li Q 4j cD(D� O „O Q. 3° rn rn a �. as a a co co o- to co or rn 0 j rn`P a O O cD 0 o O 1 cp CD boipap „o elboijI,U co 1 szt ii cvl IN c I O iQ'z' Q cc,3i. k k Q. O N sz .i''' `4. q") N. co coN.O N. :b,o Q d b kl cS O O � b 0)$ �'i Z sZ' R' N • \4b § C42 co O z szt� O • c.1/4.) BL5 BL2 s BU/LD/NG ENVELOPE LINE TABLE W CO0) N 57357" E N 355'51" W S 667'16" W S 5124'0" W S 7747'44" W BEAR/NG Nicoa hl 75.37' PO c0 SI) :Pk LENGTH vNwv� 91bo/A/peO s JOX9AJns Treasurer of Garfield County I0 O 9100g/p90 a/111 )/J /O ifl unoO ui plod al p/od saxbl Jo 9100/jI,L19° Witness my hand and seal of the County of Garfie/d. CC b` b 1 O (3coco ko. cb cD oi/gnd (bCbCbk300 �-•0 1b Q nbb O0 y m n o rn 1 aCb o 3° ,Q1 3 coJ��c��o qbyJ^�010 -s•�. cb O 1 0` c a cb�c-4;Cb j J Q O Q cQ ` cQ' C a( `.'' bacOD0)4; cD aCj,.�aa C Q a�cD °° 0 Q O` .y�a�OQp000CD 0 cD ,' co QQ~'a cQ O O ,' o- cco O' Q Q Q O 1 On c') Cb Cb CD Q cD �. CO O J Q y Q Cl Qy1 °a 0 a m o cI rn Qc�`CD'OZL 40 0 I �a rno,.,cQ°,c o cry a O J C• 0 o s`^"°,Q� ^F CA CA y cD J O cbaco4sbq QO o`� O \h JOOJJ0 crQ u,J Ob a O Q CD �9 /io' The foregoing Certificate of Dedication and Ownership was acknowledged before me JO .(1 Nnoo Co County Commissioner's Certificate v V)/V , 81N39 0311103X3 Q 0 :sJaUMO /LJaui`y 9r 0) rdfr 'P CO cb O3SC3Cb1)a0O�-� oJo o°o00J-, . iQ2'aooO'3o.oipjc °_`erO �CO s0�Q a��JQrn0,.^3a°p0O;o�,.cQw�aQrnyocio�• b tl- coJI.coccCDO'OVi QO�`a��NAl�ocoo�n13,a1Co�0rn�a;• o CO -0 1/4c co2 y(bO 3-aOcCDrn rn �' i` ``0 3 0 0 �aR� oQr:1:1!::2 ���.ak�1.ZjQcQ C c.1D () 0 o, 0 :(,): Q,=so2 l,o 1 cD 0 ~'0Q�n �v n 1- cD k0).� Q cD p ^' 0 p c0 ',' j Q a�,Q �0Q3 rn �b30,So 0"1"1-b„CO"i-COo J j J ^� aQ cD Q Q 1 4 a oc�""JOoilC b orn °cDycQrnQ'�Cocrn �a °'0'j y a� b° 0 0 O.J 4y-`C14cA, cD n �QQ O ,c Ci oo-s rn 1cQ•J Q� o rn o•o aQ�o' nrn Cb ZtQ ���°(1•C' jb CPCOay Cb 2.1 Cb J CI. cD 3 �'. CO (31 !I, Q J' cD Q.� J c� • S. Q `',cQ �S. ry-c1D QO cD c�D a��cpO QyQJ'joo - 1 3,` �oif :6 ;Q �Q��Q���Q cD� cll rn O 3j2 •o(aQ'yQO�cpZ O QO cD Q \ 0• ° cD , ( Q O a ��Q^c'OC�1.Qkt c9 J rn J J co Li Q 4j cD(D� O „O Q. 3° rn rn a �. as a a co co o- to co or rn 0 j rn`P a O O cD 0 o O 1 cp CD boipap „o elboijI,U co 1 szt ii cvl IN c I O iQ'z' Q cc,3i. k k Q. O N sz .i''' `4. q") N. co coN.O N. :b,o Q d b kl cS O O � b 0)$ �'i Z sZ' R' N • \4b § C42 co O z szt� O • c.1/4.) PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOT D-38 ASPEN GLEN FILING NO. 1 GARFIELD COUNTY, COLORADO Recitals 1. Wildernest Investments, LLC ("Declarant") is the Owner of the real property situated in the County of Garfield, State of Colorado, described as Lot D-38, 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 "Units." 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 Reception No. 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. "Driveway Easement" means any non-exclusive easement upon the Lot for pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the Owners of Unit A and Unit B as provided in this Supplemental Declaration. B. "Duplex" or "Building" means the improvements constructed upon the Lot. C. "Lot" or "Building Site" means Lot D-38 Unit A or Lot D-38 Unit B, depicted as Lot D38A and Lot D38B on the Plat located in 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 locating with specificity the Units and the Common Driveway, which land and improvements are subject to this Supplemental Declaration. F. "Unit" means either Unit A or Unit B of Lot D-38, 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-38, 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-38, Aspen Glen Filing No. 1, recorded as Reception No. of the records of the County of Garfield, State of Colorado. 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 Party Wall or Common Driveway. 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. Except as otherwise provided herein, 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 Wall Agreement Page 3 SECTION V CREATION OF COMMON DRIVEWAY EASEMENT Declarant hereby creates, and the Owners of the Units, their grantees, personal representatives, heirs, successors and assigns, shall each have a mutual, reciprocal, non-exclusive, perpetual easement and right-of-way upon the Common Driveway depicted on the Plat for purposes of providing vehicular, pedestrian, or utility access to their respective Units. Unit A and Unit B shall each have appurtenant thereto the easement created hereby and the right to use the Common Driveway for the purposes set forth herein, which right shall be inseparable from either Unit. And may be conveyed, leased, devised, or encumbered only as such appurtenant interest. No Owner of either Unit shall bring any action for partition or division of Unit A or Unit B from their appurtenant interest in the Common Driveway. In the event Unit A and Unit B are owned by the same person or entity, the doctrine of merger shall not apply. The Owners of both Units shall have equal right to the use of the Common Driveway and no Owner shall hinder or permit his or her invitees' access to the residential dwelling unit constructed on either Unit. There shall be no parking upon the Common Driveway without permission of the other Unit Owner. The Owners shall maintain the Common Driveway in its present condition or in the condition to which it is improved from time to time, free and clear of obstruction, shall repair the same as necessary, shall keep the same reasonably free and clear of ice and snow, and shall keep the Common Driveway insured with respect to liability. All necessary maintenance of the Common Driveway shall be shared equally by the Unit Owners, including snowplowing and other necessary maintenance of the Common Driveway to SECTION VI 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. Party Wall Agreement Page 4 SECTION VII 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 Wall." 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 anything 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 VIII LANDSCAPING, SERVICE FACILITIES, AND PARKING Subject at all times to the relevant provisions of the Master Declaration: A. The Owners from time to time shall undertake such landscaping and general outdoor improvements 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 specifically agreed to by the Owners themselves. Notwithstanding anything to the contrary herein, the Owners shall at all times comply with all applicable Homeowners Association Rules and Regulations regarding landscaping. Party Wall Agreement Page 5 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. SECTION IX 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 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. Party Wall Agreement Page 6 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 X 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 part thereof 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 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 X ALLOCATION OF EXPENSES Costs and expenses of any common landscaping, service facilities, 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 60% Unit B 40% SECTION XI 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 Party Wall Agreement Page 7 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. SECTION XII INSURANCE A. Each Owner shall acquire and at all times maintain a policy of insurance which shall insure its Unit and all fixtures against loss or damage by fire and extended coverage perils (including vandalism and malicious mischief) for the maximum insurable replacement cost thereof. If the Unit Owners collectively agree to do so, they 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 insurable replacement cost thereof. 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 X. 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. Party Wall Agreement Page 8 SECTION XIII 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 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 XIV 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. Party Wall Agreement Page 9 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 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 XV 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 Party Wall Agreement Page 10 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 XIX hereof. SECTION XVI 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 XVII 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 of 2045 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 first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XVIII 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 XIX 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 Party Wall Agreement Page 11 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, Colorado, to foreclose any lien granted by the terms and conditions of this Supplemental Declaration. B. Failure to enforce any provision of this Supplemental Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision hereof. SECTION XX 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 XXI 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 XXII 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 XXIII CAPTIONS The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Supplemental Declaration. Party Wall Agreement Page 12 SECTION XXIV 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 2017. STATE OF COUNTY OF DECLARANT WILDERNEST INVESTMENTS, LLC, a Delaware limited liability company By: Robert Shapiro, Manager The foregoing document was acknowledged before me this day of , 2017 by Robert Shapiro as Manager of Wildernest Investments, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Address: Party Wall Agreement Page 13 NOTARY PUBLIC 1:/cho BALCOMB&GREEN WATER LAW f REAL ESTATE f LITIGATION 1 BUSINESS ESTP 1953 Chad J. Lee Office (970) 945-6546 Direct (970) 928-3469 c1ee@batcombgreen.com March 6, 2017 Mr. David Pesnichak Garfield County Community Development Department Planning Manager 108 8th St. #401 Glenwood Springs, CO 81601 Re: Application for Amended Final Plat for Lot D-38, Aspen Glen Filing 1— Wildernest Investments, 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. § 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(E)(4). Section 24-65.5-101 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 January 6th, 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. § 24-65.5-101 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 active or inactive mineral owners for the subject property; and 3. We confirmed that the Final Plat of Aspen Glen Filing No. 1 lists the Estate of Caesar J. Chuc without an address and Leonis P. Chuc and Neva M. Chuc, 9663 Highway 82, Carbondale, Colorado 81623. We researched the Garfield County records in search of an address for the Estate of Caesar J. Chuc 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. CJL / be Sincerely, Chad J. L ASPEN I BASALT I GLENWOOD SPRINGS 1 LAMAR Post Office Box 790 I Glenwood Springs, Colorado 81602 800.836.5928 1 970.945.6546 1 BalcombGreen.com