HomeMy WebLinkAbout1.0 ApplicationNovember 15, 2015
Garfield County
Community Development Dept.
108 8th. St, Suite 401
Glenwood Springs, CO 81601
Aspen Glen filing No. 3 Lots WP15/WP16 Amended Final Plat Process Application
TABLE OF CONTENTS
CD Files in PDF Format
AspenGlenWP15WP16AmdPlat 239319203016
Divs Land App Form
Agreement to Pay
Final Plat AG WP15A
WP15-WP16 Application
Aspen Glen DRC
200' Properties
WP15-16 Vicinity Map
WP16-15 Aerial Specimen
WP15 Title
WP16 Title
WP16 Improv Loc Certificate
All Documents printed in 8.5"X11" 3 copies each
Final Plat AG WP15A printed 24"X36" original stamped by Aspen Glen DRC —1 copy
Final Plat AG WP15A 24"X36" printed — 2 copies
Submitted by:
David W. Steele
284 Midland Loop
Carbondale, CO 81623
WP15 — WP16 Aspen Glen Application to Garfield County
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
PRE -APPLICATION
CONISC140[41:
SUMMARY
TAX PARCEL NUMBERS: 2393-192-03-016
2393-192-03-015
DATE: 11/05/15
PROJECT: Aspen Glen Filing No. 3, Lots WP15 and WP16
OWNER: David and Judy Steele
REPRESENTATIVE: Tuttle Surveying
PRACTICAL LOCATION: 284 Midland Loop, Carbondale, CO 81623
TYPE OF APPLICATION: Amended Final Plat
ZONING: Aspen Glen PUD (1/2 Acre Residential Zone District)
I. GENERAL PROJECT DESCRIPTION
The Applicant proposes to combine Lots WP15 and WP16 into one lot through the
amended final plat process. The combination of the lots will also result in modifications to
the building envelope on combined lot. No other changes are proposed by the plat
amendment. Easements currently lying between the two lots would remain in place. The
amended plat will be reviewed to ensure that no non -conforming conditions would result
from the amendments and that the lots and improvements remain consistent with the
underlying PUD zoning.
The request has already been heard by the Aspen Glen Design Review Committee and a
copy of their letter of conditional approval is attached. A future Amended Plat Application
would be referred to the Homeowners Association for any further comments.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply
to the proposed Application:
• Section 5-305 — Amended Final Plat Review
• Table 5-103 Common Review Procedures and Required Notice
• Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements including requirements for a
Final Plat
• Section 4-103 Administrative Review and Section 4-101 Common Review
Procedures
• Article 7, Divisions 1, 2, 3, and 4 as applicable
III. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application:
• General Application Materials including the Application Form (signed), payment of
fees and signed Payment Agreement Form.
• A narrative describing the request and related information.
• Proof of Ownership (title work or copy of a deed) and information on any lien
holders.
• Names and mailing addresses of property owners within 200 ft. of the subject
property. Mapping showing the ownership is recommended to ensure no others are
missed.
• Mineral rights ownership for the subject property including mailing address.
• If owner intends to have a representative complete the Application and processing
then an authorization letter is needed.
• Copy of the Preapplication Summary needs to be submitted with the Application.
• The Proposed Plat showing the existing and proposed lots lines, modified building
envelope lines and any other changes affecting the lots. All easements need to be
shown on the plat. All required certificates need to be included on the plat.
• The plat should include improvement location information adequate to confirm that
the proposed change to the envelope will result in conforming setbacks for the
existing building. Some improvement location information will be removed from the
plat prior to execution and recording pursuant to direction from the County Surveyor.
• A Vicinity Map for use in the required public notice is needed. The vicinity map
should include that area within approximately 3 miles of the proposal and be on an
81/2 " x 11 " format to allow attachment to the public notice.
• The Application should include a waiver request from submittal of an Improvements
Agreement. Reference to the waiver criteria in Section 4-118 should be included.
• A waiver from submittal of the entire Covenants for the PUD may be requested
however the Application should include a copy of the relevant PUD Guide for the 1/2
acre PUD Zone District.
• The request should be consistent with all applicable provisions of Article 7, Divisions
1, 2, 3, and 4. The Application should include at a minimum representations that the
amendment will not result in any changes to drainage, access, utility services, and
any other applicable Subdivision and Article 7 topics.
• Copies of the Homeowners Association Review of the request should be included.
• Any other supporting information indicating that the change is consistent with the
PUD approvals.
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and
digital copies should be split into individual sections. Please refer to the pre -application
summary for submittal requirements that are appropriate for your Application.
IV. REVIEW PROCESS
The review process shall following the steps contained in Table 5-103 and Section 4-103
for an Amended Final Plat and Administrative Review summarized as follows:
• Pre -application meeting.
• Submittal of the Application (3 copies plus one CD or memory stick).
• Completeness Review.
• Additional submittals if needed.
• Referrals are sent out.
• Setting a date for the Director's Decision.
• Public Notice 15 days prior to the Director's Decision to property owners within 200
ft. and mineral rights owners on the subject property.
• Director's Decision including any conditions.
• 10 day Call-up Period.
• Finalizing the Plat and satisfaction of any conditions.
• Circulation for Applicant/Owner and other signatures.
• The final steps in the process are Board of County Commissioners execution of the
plat as a consent agenda item and recording the amended plat.
Public Hearing(s):
Referral Agencies:
X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
Board of County Commissioners
Board of Adjustment
May include but is not limited to: Garfield County Surveyor,
Garfield County Attorney, Garfield County Building Department,
and Aspen Glen Homeowners Association.
V. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $ na
Total Deposit: $100 (additional hours are billed at hourly rate of $40.50)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to
determine if it meets standards of review and makes a recommendation of approval,
approval with conditions, or denial to the Director of the Community Development
Department.
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 and is valid for period of 6 months.
Pre -application Summary Prepared bv:
2/7
Glenn Hartmann, Senior Planner Da
Approximately 2 months if submittal Is complete
Garfield County
Amended Final Plat Review Process
(Section 5-305)
Step 1: Pre -application Conference
•Applicant has 6 months to submit application
Step 2: Application Submittal
Step 3: Completeness Review
• 10 business days to review
•If incomplete, 60 days to remedy deficiencies
Step 4: Schedule Decision Date and Provide Notice
• Mailed to adjacent property owners within 200 feet and mineral owners
at least 15 days prior to decision date
Step 5: Referral
•21 day comment period
Step 6: Evalution by Director
Step 7: Director's Decision
• Call-up Period- within 10 days of Director's Decision
•Final Plat must be signed by the BOCC and be recorded within 10
business days of approval.
Homeowners Association at Aspen Glen, Inc.
Design Review Committee
October 29, 2015
Mr. Glenn Hartman
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
via email
Re: Lot Tie & Building Envelope Adjustment Lots WP -15 & WP -16/27 Special
Place & 284 Midland Loop
Dear Glenn,
This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the
proposed plat amendment to combine Lots WP -15 & WP -16 (27 Special Place & 284
Midland Loop) into one lot. The plat amendment eliminates the building envelope for
WP -15 and adjusts the building envelope for Lot WP -16. The DRC recommends
approval to the Garfield County Board of County Commissioners with the following
conditions:
1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC.
2. The DRC has only approved the lot tie and building envelope plat amendment. Any
further improvements to property shall be submitted for DRC review and approval.
The DRC noticed property owners within the vicinity of the project site and no objections
have been noted to the proposed adjustments. The Aspen Glen DRC recommends
approval of the proposed plat amendment as proposed on the Amended Plat of Lot WP15
and WP16, Aspen Glen, Filing No. 3, situate in Section 19, township 7 south, Range 88
West of the 6h. P.M., County of Garfield, State of Colorado dated March 3, 2015, drawn
by DMC.
The Aspen Glen DRC anticipates the opportunity to review the plat amendment
application submitted to Garfield County.
If you have any questions please do not hesitate to contact me.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
Cc: Mr. Dave Steele
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
Emaikleslielamont@aspenglenhoa.com
Garfield 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
Owner/Applicant
Name: David W Steele and Judy D Steele Phone: (303 )809-5381
Mailing Address: 284 Midland Loop
City: Carbondale State: CO Zip Code: 81623-8995
E-mail: davewsteele@msn.com
• Minor Subdivision
Representative (Authorization Required)
Name: N/A Phone: ( )
Mailing Address:
•
Preliminary Plan Amendment
PROJECT NAME AND LOCATION
Major Subdivision
Assessor's Parcel Number: 2393 _ 192 - 03 _ 016
Physical/street address: and 2393-192-03-015 284 Midland Loop Carbondale 81623-8995
0
Final Plat Amendment
• Sketch ■ Preliminary ■ Final
•
Common Interest Community Subdivision
Conservation Subdivision
•
Public/County Road Split Exemption
• Yield ■ Sketch ■ Preliminary
■
Final
•
Rural Land Development Exemption
• Time Extension
INVOLVED PARTIES
Owner/Applicant
Name: David W Steele and Judy D Steele Phone: (303 )809-5381
Mailing Address: 284 Midland Loop
City: Carbondale State: CO Zip Code: 81623-8995
E-mail: davewsteele@msn.com
Representative (Authorization Required)
Name: N/A Phone: ( )
Mailing Address:
City: State: Zip Code:
E-mail:
PROJECT NAME AND LOCATION
Project Name:
Aspen Glen Filing No. 3, Lots WP15 and WP16
Assessor's Parcel Number: 2393 _ 192 - 03 _ 016
Physical/street address: and 2393-192-03-015 284 Midland Loop Carbondale 81623-8995
Legal Description: Lot WP15 and WP16, Aspen Glen, Filing 3, situate in Section 19, Township 7 South,
Range 88 West of the 6th. P.M., County of Garfield, State of Colorado
Zone District: 1/2 Acre Residential Property Size (acres): WP15(.514) WP16(.577) ac
Project Description
Existing Use: Occupied single family residence located on WP16 - WP15 Vacant lot - unimproved
Proposed Use (From Use
Description of Project: Applicant
Table 3-403): \\ D.�S E\^ of ,, Z. , ✓ i r' G
proposes to combine Lots WP15 and WP16 into one lot
through the amended plat process.
Proposed Development Area
Land Use Type
# of Lots
# of Units
Acreage
Parking
Single Family
Duplex
Multi -Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
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 statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner
Novemer 15, 2015
Date
OFFICIAL USE ONLY
File Number: _ _ _ _ - _ _ _ _ Fee Paid: $
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") David W Steele
and Judy D Steele agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
Aspen Glen Filing No. 3 Lots WP15 and WP16
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: David Steelee
Billing Contact Address: 284 Midland Loop
Phone: (303 ) 8029-5381
City: Carbondale State: CO Zip Code: 81623-8995
Billing Contact Email: davewsteele@msn.com
Printed Name of Person Authorized to Sign: David W. Steele
_D- -4.)
November 15, 2015
(Signature) (Date)
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— All easements between Lots WP15 and WP16 are to be vacated by this plat.
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Amended Plat of
of Lots WP15 WP16
Lot WP15A, Aspen Glen
Carbondale, Co 81601
Drawn by: DIVC
AmendedPlat AG lots
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Amended Plat of
of Lots WP15 WP16
Lot WP15A, Aspen Glen
Carbondale, Co 81601
Drawn by: DIVC
AmendedPlat AG lots
November 15, 2015
Garfield County
Community Development Dept.
108 8th. St, Suite 401
Glenwood Springs, CO 81601
Aspen Glen filing No. 3 Lots WP15/WP16 Amended Final Plat Process Application
Dear Sirs:
We, David W. Steele and Judy D. Steele, jointly wish to join our owned properties,
Aspen Glen Filing No.3 — WP15 and WP16 using the amended final plat process. Our
existing home is located on parcel WP16. We have obtained the adjacent lot WP15. As
depicted in the reference materials submitted with the application, Tuttle Surveying has
completed the survey work and it was submitted to the Aspen Glen DRC and approved on
October 29, 2015. A copy of approval from Aspen Glen is included.
As depicted on the attached Amended Final Plat, we are vacating the present and
approved building envelope on WP15. We are slightly expanding the existing building
envelope on WP16 to accommodate a possible expansion project, time frame to be
determined. We are not vacating any existing easements. There are no known non-
conforming conditions that would result from this application approval and our stated
lot(s) improvements remain consistent with the underlying PUD zoning.
List of property owners within 200 feet of the subject properties:
LOT NAME
L23 KENNEY, JAMES W & ANN L
L22 KENNEY, JAMES W & ANN L
121 JENKINS, ROBERT B
L20 HOEHN, ART
WP17 PATTISON, Douglas J TRUST
WP16 STEELE, JUDY D & DAVID W
WP18 PATTISON, DOUGLAS J TRUST
WP14 DAHR HOLDING, LP
WP15 STEELE, DAVID W & JUDY D
WP12 MORITZ, JAMES & MELODY
WP13 MYERS, SCOTT D & ERICA M
ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY
ADDRESS2
323 MIDLAND LOOP
323 MIDLAND LOOP
PO BOX 14
PO BOX 2267
842 CLARENDON LN
84 MIDLAND LOOP
842 CLARENDON LN
6905NW GRANDBLVD
284 MIDLAND LOOP
218 MIDLAND LOOP
816 WAYNE DRIVE
PO BOX 790830
CITY
CARBONDALE
CARBONDALE
WOODY CREEK
ESTES PARK
AURORA
CARBONDALE
AURORA
OKLAHOMA CITY
CARBONDALE
CARBONDALE
RALEIGH
SAN ANTONIO
STATE
CO
CO
CO
CO
IL
CO
IL
OK
CO
CO
NC
TX
ZIPCODE
81623
81623
81656
80517
60504
81623
60504
73116
81623
81623
27608
78279
Known Mineral Rights:
Leonis P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, CO 81623, recorded in
12/26/1958, Book 314 Page 160 — conveyed by Quit Claim Deed, 6/28/1989, Book 757 Page
540
Estate of Caesar J. Chuc (deceased) Book 225, Page 272 , address unknown
Ella J. Chase — recorded 6/12/1951 in Book 800K 258 Page 594, address unknown
William Walter Gentry AKA William Gentry, Deed 5/08/1950 Book 250 Page 271, address
unknown
United States of America, Book 285 Page 161
We are acting jointly as our own representatives in this matter.
Regards,
David W. Steele
Judy D. Steele
Homeowners Association at Aspen Glen, Inc.
Design Review Committee
October 29, 2015
Mr. Glenn Hartman
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
via email
Re: Lot Tie & Building Envelope Adjustment Lots WP -15 & WP -16/27 Special
Place & 284 Midland Loop
Dear Glenn,
This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the
proposed plat amendment to combine Lots WP -15 & WP -16 (27 Special Place & 284
Midland Loop) into one lot. The plat amendment eliminates the building envelope for
WP -15 and adjusts the building envelope for Lot WP -16. The DRC recommends
approval to the Garfield County Board of County Commissioners with the following
conditions:
1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC.
2. The DRC has only approved the lot tie and building envelope plat amendment. Any
further improvements to property shall be submitted for DRC review and approval.
The DRC noticed property owners within the vicinity of the project site and no objections
have been noted to the proposed adjustments. The Aspen Glen DRC recommends
approval of the proposed plat amendment as proposed on the Amended Plat of Lot WP15
and WP16, Aspen Glen, Filing No. 3, situate in Section 19, township 7 south, Range 88
West of the 6th. P.M., County of Garfield, State of Colorado dated March 3, 2015, drawn
by DMC.
The Aspen Glen DRC anticipates the opportunity to review the plat amendment
application submitted to Garfield County.
If you have any questions please do not hesitate to contact me.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
Cc: Mr. Dave Steele
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
Email:leslielamont@aspenglenhoa.com
1
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Golf Course Parcel
GOLF
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109
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2393-183-00-366
Gravel Pa
GOLF
COURSE
2393-192-00-3
Gravel Pit
celC
Burry Conservation Easement
Rec. # 689560
OPEN SPACE
13673 AC
2393-192-00.366
KENNEY, JAMES W & ANN L
323 MIDLAND LOOP
239319205025
STEELE, DAVID W & JUDY D & KENNEY, JAMES W & AN
323 MIDLAND LOOP
239319205026
JENKINS, ROBERT B
PO BOX 14
239319203017
HOEHN, ART
PO BOX 2267
239319203018
PATTISON, DOUGLAS J TRUST
842 CLARENDON LANE
239319205019
STEELE, JUDY D & DAVID W
284 MIDLAND LOOP
239319203016
DAHR HOLDING, LP
6905 NW GRAND BLVD
239319203014
STEELE, DAVID W & JUDY D
284 MIDLAND LOOP
239319203015
MYERS, SCOTT D & ERICA M
816 WAYNE DRIVE
239319203013
ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY
PO BOX 790830
239319200386
L
fl-
2393-191-00-106
isfr
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163-192-00-386
OPEN SPACE
17
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14
3
5
Garfield County CO
Date Printed: November 17, 2015
fa 4
y
0 200 40013600 800 100001
r r
Feet
This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness.
The user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision,
maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein.
11
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Gravel Pit
41111141011
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GOLF
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paAN
Owner Information
STEELE, JUDY D & DAVID W
284 MIDLAND LOOP
CARBONDALE, CO 81623
Parcel Number: 23931920301
Site Information
Acres: 0.577
Account Number: R820107
Burry Conservation Easement
Rec. # 689560
V
6
2303-192-00-386
GOLF COURSE
2393-192-00-386
2393-191-00-106
2393-192-00-366.
19
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Parcels
dittiiimiffil,,,V1*,
---2\
11WMPAW11111
AV" 1
400 600800 1000 (�
6)(-_.I,\,,,
Feet-
Roaring.0rk 200
at Aspen Gley.
Garfield County CO
Date Printed: November 12, 2015
This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty o
any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent
limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state o
revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data
delineated herein.
Google 284 Midland Loop
Plat 15/16
284 Midland Loop
Stewart title
View your transaction progress 24/7 via Stewart Online
Ask us about your login today!
Date:
File Number:
Property:
December 19, 2014
01330-52114
27 Special Place, Carbondale, CO 81623
Please direct all Closing inquiries to:
Mary L Scheurich
Phone: (970) 945-5434 Fax: (800) 966-1709
Email Address: Mary.Scheurich@Stewart.com
SELLER:
SULYN, LLC
Delivery Method: Emailed
LISTING AGENT:
Aspen Snowmass Sotheby's International Realty
9929 State Highway 82
Carbondale, CO 81623
Contact: Mike Elkins
Phone: (970) 963-4536
Fax: (970) 963-4537
Email: mwelkins@comcast.net
Delivery Method: Emailed
Stewart Title - Glenwood Springs - Main
1620 Grand Avenue
Glenwood Springs, CO 81601
BUYER:
David W Steele and Judy D Steele
Delivery Method: Emailed
SELLING AGENT:
Aspen Snowmass Sotheby's International Realty
9929 State Highway 82
Carbondale, CO 81623
Contact: Sue Hess
Phone: (970) 309-5455
Fax: (970) 963-4537
Email: suehessco@gmail.com
Delivery Method: Emailed
We Appreciate Your Business and Look Forward to Serving You in the Future.
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly
authorized officers on the date shown in Schedule A.
Countersigned by:
Authorized Countersignature
Stewart Title - Glenwood Springs -
Main
1620 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-5434
stewart
title guaranty company
Matt Morris
President and CEO
Denise C rraux
Secretary
Copyright 2006-2009 American Land Title Association. AU rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Fite No. 01330-52114
004 -UN ALTA Commitment (6/17/06)
AMERICAN
LAND TITh:
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-52114
1. Effective Date: November 24, 2014, at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's Policy 2006 (Extended) $102,500.00
Proposed Insured:
David W Steele and Judy D Steele
(b) A.L.T.A. Loan Policy
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
SULYN, LLC, a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
Lot WP15
ASPEN GLEN, FILING NO. 3
According to the final plat thereof recorded February 10, 1998 as Reception No. 520202.
County of Garfield, State of Colorado
Purported Address:
27 Special Place
Carbondale, CO 81623
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Basic Rate
2006 Owner's Policy:
Owner's Extended Coverage:
Tax Certificate:
$657.00
$65.00
$20.00
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
Ail other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-52114
Page 1 of 1 STEWART TITLE
CO STG ALTA Commitment Sch A STO GUARANTY COMPANY
AMfaICAa
tASfl IIVIZ
xxs�a�uw�ai
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
File No.: 01330-52114
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of Affidavit as to Debts and Liens and its retum to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils
testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of
receipt of this title commitment.
5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property.
6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or
major structural changes made on the subject property.
NOTE: If improvements have been made on, or in connection with, the subject property, please notify the
Company's escrow officer within 10 days of receipt of this title commitment.
7. Relating to SULYN, LLC, The Company requires for its review the following:
(a) Copy of the "Articles of Organization," the Operating Agreement and the regulations of the limited liability
company and any amendments thereof
(b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation
NOTE: Statement of Authority for SULYN, LLC recorded March 28, 2005 in Book 1673 at Page 745 as Reception
No. 671083, discloses the following persons as those authorized to transact business on behalf of said entity:
John R. Elkins . If there have been any amendments or changes to the management of the entity, written
documentation reflecting the changes and a new Statement of Authority will be required.
8. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute
on recording of deeds CRS 38-35-109 (2).
NOTE: The vesting deed is shown as follows: Warranty Deed recorded March 28, 2005 in Book 1673 at Page 778
as Reception No. 671091.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-52114
CO STG ALTA Commitment Sch B I
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
PPIEtICAM
tA.t911TH
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No.: 01330-52114
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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. 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.
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 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.
11. 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.
12. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows:
13. 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.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-52114
CO STG ALTA Commitment Sch B II STO
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
AMERICAN
:AAII TIMI,
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage
of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< httn://www.alta.orgl>.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-52114
004 -UN ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
14. 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.
15. 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.
16. All matters shown on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No.
476330.
17. Matters disclosed on the Final Plat of Aspen Glen Filing No. 3 recorded February 10, 1998 as Reception No.
520202.
18. 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 and 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; 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.
19. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331.
20. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in
Book 936 at Page 314 as Reception No. 476327.
21. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as
Reception No. 503024.
22. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page
577 as Reception No. 719513.
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's
affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection
with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the
Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien
exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from
the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5
will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed
transaction and is responsible for the recordation of the documents.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Repented under license from the American Land Title Association.
File No. 01330-52114
CO STG ALTA Commitment Sch B II STO
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
,fol Ali Ati
:N.:n ,,,,1
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information.
Do we share
Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
Yes
No
For our marketing purposes— to offer our products and services to
you.
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes-- information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
non-financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
Yes
No
For our affiliates' everyday business purposes— information
about your creditworthiness.
No
We don't share
For our affiliates to market to you -- For your convenience,
Stewart has developed a means for you to opt out from its affiliates
marketing even though such mechanism is not legally required.
Yes
Yes, send your first and last name, the email
address used in your transaction, your
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies
not related by common ownership or control. They can be financial
and non-financial companies.
No
We don't share
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me
about their practices?
We must notify you about our sharing practices when you request a
transaction.
How do the Stewart Title Companies protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
personal information?
We collect your personal information, for example, when you
• request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-52114
Page 1
Revised 11-19-2013
DISCLOSURES
File No.: 01330-52114
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 SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title - Glenwood Springs - Main 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 Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or 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 an appropriate affidavit indemnifying the Company against unfiled Mechanic's and
Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor, payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330-52114
CO Commitment Disclosure
Stewart title
View your transaction progress 24/7 via Stewart Online
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Date:
File Number:
Property:
Stewart Title - Glenwood Springs - Main
1620 Grand Avenue
Glenwood Springs, CO 81601
September 10, 2014
01330-46964
284 Midland Loop, Carbondale, CO 81623
Please direct all Closing inquiries to:
Mary L Scheurich
Phone: (970) 945-5434 Fax: (800) 966-1709
Email Address: Mary.Scheurich@Stewart.com
SELLER:
Earle Wingo and Candace Wingo
Delivery Method: Emailed
Listing Agent:
Aspen Snowmass Sotheby's International Realty
201 Midland Ave
PO Box 650
Basalt, CO 81621
Contact: Kimberly Welsh
Phone: (970) 927-8080
Email: kimberly.welsh@sothebysrealty.com
Delivery Method: Emailed
BUYER:
Judy Steele and David Steele
Delivery Method: Emailed
Selling Agent:
Aspen Snowmass Sotheby's International Realty
9929 Highway 82
Carbondale, CO 81623
Contact: Sue Hess
Phone: (970) 309-5455
Fax: (970) 963-4537
Email: suehessco@gmail.com
Delivery Method: Emailed
We Appreciate Your Business and Look Forward to Serving You in the Future.
stewart title
Stewart Title - Glenwood Springs - Main
1620 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-5434
Escrow Number: 01330-46964
WIRING INSTRUCTIONS
US Bank
535 Westminster Mall
Westminster, CA 92683
Beneficiary:
STEWART TITLE
ACCOUNT #: 153910695052
Routing/Transit #: 123000848
PLEASE REFERENCE:
Escrow Number: 01330-46964
Escrow Officer: Mary L Scheurich
Property Address: 284 Midland Loop
Carbondale, CO 81623
Buyer/Borrower: Judy Steele and David Steele
"Please be aware Stewart Title cannot accept ACH'S to our Escrow Account"
File No.: 01330-46964
Page 1 of 1
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly
authorized officers on the date shown in Schedule A.
Countersigned by:
stewart
title guaranty company
lutbarivxl CnuniKsignature Matt Morris
President and CEO
Stewart Title - Glenwood Springs -
Main
1620 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-5434
Denise C . rraux
Secretary
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-46964
004 -UN ALTA Commitment (6/17/06)
AMERICAN
I &VI, 11111
.4«1.,1 14110N
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage
of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< http://www.alta.orgh.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-46964
004 -UN ALTA Commitment (6/17/06)
:VMI Rl[.. AN
IA tid* f0111
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-46964
1. Effective Date: August 22, 2014, at 8:00 A.M.
2. Policy or Policies to be issued:
(a) A.L.T.A. Owner's Policy
Proposed Insured:
Judy Steele and David Steele
(b) A.L.T.A. Loan Policy
Proposed Insured:
Amount of Insurance
2006 (Extended) $1,230,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Earle L. Wingo and Candace L. Wingo
5. The land referred to in this Commitment is described as follows:
Lot WP16
ASPEN GLEN, FILING NO. 3
According to the final plat thereof recorded February 10, 1998 as Reception No. 520202
County of Garfield, State of Colorado
Purported Address:
284 Midland Loop
Carbondale, CO 81623
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Basic Rate
2006 Owner's Policy:
Owner's Extended Coverage:
Tax Certificate:
$2684.00
$65.00
$20.00
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-46964
CO STG ALTA Commitment Sch A STO
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
File No.: 01330-46964
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils
testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of
receipt of this title commitment.
5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property.
6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or
major structural changes made on the subject property.
NOTE: If improvements have been made on, or in connection with, the subject property, please notify the
Company's escrow officer within 10 days of receipt of this title commitment.
7. Release by the Public Trustee of the Deed of Trust from Earle L. Wingo and Candace L. Wingo for the use of Ing
Bank Fsb to secure $995,000.00, recorded February 29, 2008 as Reception No. 743719.
8. Release by the Public Trustee of the Deed of Trust from Earle L. Wingo and Candace L. Wingo for the use of
American National Bank to secure $150,000.00 (and other obligations described therein) recorded March 7, 2008,
as Reception No. 744166.
NOTE: This Deed of Trust secures an equity line of credit and/or revolving loan. The Company requires a
satisfactory written statement from the existing lender confirming: (a) the payoff amount; (b) that the line of credit
has been closed or frozen, and no further draws/advances will be permitted and/or the right to future advances
has been terminated, and (c) agreement to deliver a full Release of Deed of Trust upon payment of the
outstanding balance.
9. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute
on recording of deeds CRS 38-35-109 (2).
NOTE: The vesting deed is shown as follows: Warranty Deed recorded June 23, 2006 in Book 1813 at Page 115
as Reception No. 700628.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-46964
CO STG ALTA Commitment Sch B I
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No.: 01330-46964
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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. 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.
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 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.
11. 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.
12. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows:
13. 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.
1. 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.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-46964
CO STG ALTA Commitment Sch B II STO
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
14. 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.
15. 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.
16. All matters shown on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No.
476330.
17. Matters disclosed on the Final Plat of Aspen Glen Filing No. 3 recorded February 10, 1998 as Reception No.
520202.
18. 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 and 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; 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.
19. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331.
20. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in
Book 936 at Page 314 as Reception No. 476327.
21. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as
Reception No. 503024.
22. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page
577 as Reception No. 719513.
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's
affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection
with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the
Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien
exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from
the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5
will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed
transaction and is responsible for the recordation of the documents.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-46964
CO STG ALTA Commitment Sch B II STO
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
46', w1K \N
1.1, IIYI'
DISCLOSURES
File No.: 01330-46964
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 SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title - Glenwood Springs - Main 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 Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or 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 an appropriate affidavit indemnifying the Company against unfiled Mechanic's and
Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330-46964
CO Commitment Disclosure
WHAT
SHARING
Contact
1980
STG Privacy Notice
Stewart Title Companies
DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
a
Reasons we can share your personal information.
Do we share
Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
Yes
No
For our marketing purposes— to offer our products and services to
you.
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
non-financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
Yes
No
For our affiliates' everyday business purposes— information
about your creditworthiness.
No
We don't share
For our affiliates to market to you — For your convenience,
Stewart has developed a means for you to opt out from its affiliates
marketing even though such mechanism is not legally required.
Yes
Yes, send your first and last name, the email
address used in your transaction, your
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies
not related by common ownership or control. They can be financial
and non-financial companies.
No
We don't share
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
PRACTICES
How often do the Stewart Title Companies notify me
about their practices?
We must notify you about our sharing practices when you request a
transaction.
How do the Stewart Title Companies protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
personal information?
We collect your personal information, for example, when you
• request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company
Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-46964 Page 1
Revised 11-19-2013
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