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HomeMy WebLinkAbout1.0 ApplicationK A & M PITKIN PARTNERS, LLC 5419 WATEKA DRIVE DALLAS, TX 75209 (214) 673-6516 January 24, 2017 Garfield County Community Development Department c/o David Pesnichak, Planner 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Amended Final Plat Application — KA & MPitkin Partners, LLC Lot H27, Aspen Glen, Filing.No. 7 (26Saddlehorn Court, Carbondale) Dear Mr. Pesnichak: I am the Sole Member of K A & M Pitkin Partners, LLC, the owner of the real property which is the subject of the Application for an Amended Final Plat for Lot H27, Aspen Glen, Filing No. 7. I bought the property from Wells Fargo Bank (foreclosure sale) on January 15, 2013. The home was constructed in 2003 and apparently the home was built outside the building envelope and encroaches into the Golf Course Corridor, Drainage and Irrigation Easement. The encroachment into the Golf Course Easement has no impact on the golf course operations. I am under contract to sell the property and I became aware of the encroachments when the Improvement Location Certificate was issued in accordance with the Contract. Because of such disclosure 1 am now herewith submitting an amended plat application to you to resolve this issue. I am discussing a permanent resolution with the beneficiary of the Golf Course Easement. Thank you and I look forward to resolving this matter with the County. Very truly yours, K A & M PITKIN PARTNERS, LLC, a Colorado limited liability company By: izabeth Jeffett, Member, &, L“ -,) ,t 4./7 - Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision • Preliminary Plan Amendment Major Subdivision 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: K A & M Pitkin Partners, LLC Phone: (214 ) 673-6516 Mailing Address: 5419 Wateka Drive City: Dallas State: TX Zip Code: 75209 E-mail: jeffett10@aol.com Representative (Authorization Required) Name: Chad J. Lee, Esq., Balcomb & Green, P.C. Phone: ( 970 ) 945-6546 Mailing Address: P.O. Drawer 790 City: Glenwood Springs State: CO Zip Code: 81602 E-mail: clee@balcombgreen.com PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: 2395 - 134 - 06 - 027 Physical/Street Address: 26 Saddlehorn Court, Carbondale, CO 81623 Legal Description: Lot H27, Aspen Glen, Filing No. 7, according to the plat thereof recorded September 23, 1999 as Reception No. 552596 Zone District: Residential Property Size (acres): 0.51 Ptoject Description Existing Use: Single Family Residential home. Proposed Use (From Use Description of Project: Table 3-403): Single Family Residential home The owner wishes to correct several encroachments of the existing single family home that extend outside the building envelope. The rear encroachment is about 7 feet outside the building envelope but also encroaches into a 50' Golf Course Corridor, Drainage and Irrigation Easement. Owner is negotiating with Club Corp (golf course owner) to modify the golf course easement to account for the current rear encroachment. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 1 0.51 Duplex Multi -Family Commercial Industrial Open Space Other Total 1 0.51 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Subdivision Improvements Agreement Section: Covenants 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 statemen correct and accura above and have provided the required attached information which is est of my knowledge. Sig 2 re of Property Owner ,TAr Date OFFI CIAL USE ONLY File Number: - Fee Paid: $ NOTARY PUBIC TATs_ OF COLORADO NOTARY 4D 19914008643 1ffCOMMON WIRES 1t. war 838018 07/16/2013 11:12:09 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded BARGAIN AND SALE DEED THIS DEED is made and entered this day of June, 2013, by and between Elizabeth Jeffett ("Grantor"), and K A & M Pitkin Partners, LLC ("Gr ua lye'), a Colorado limited liability company with a legal address of 132 Midland Avenue, Suite 4, Basalt, CO 81621. WITNESS that Grantor, for the consideration of ten dollars, in hand paid, hereby sells and conveys to Grantee, the following described real property: Lot 1327 of Aspen Glen Filing No. 7 according to the plat thereof recorded September 23, 1999, as Reception No. 552596, Garfield County, Colorado; also known by street and number as: 26 Saddlehom Court, Carbondale, CO 81623 TO HAVE AND TO HOLD the same, together with all and singular appurtenances and puvileges thereunto belonging or in anywise thereunto appertaining, and all the estate, tight, title, interest and claim whatsoever, of Grantor, either in law or equity, to the proper use, benefit, and behoof of Grantee, its heirs, successors, and assigns forever. IN WITNESS WHEREOF, Grantor has executed this deed this 21day of June, 2013. GRANTOR: abeth Jeffett STATE OF CO 40 r'"} - COUNTY OF 1 a F< b 6=1 The foregoing instrument was aclmowledged before me this Ail day of June, 2013, by Elizabeth Jeffett. WITNESS my hand and o�tcial seal. My commission expires: tob.11� act, 1047,c Notary Pubc 4.4 E V4 I" No dcmmcntaryfro req+wirrd — sensidera:7an less than $500 831139 02/08/2013 11:38:01 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $60.20 eRecorded Commitment Number: 3008480 After Recording Return To: ServiceLink Hopewell Campus 4000 Industrial Boulevard Aliquippa PA 15001 (800) 439-5451 tD w rn.2n1/4,c.,,.t (--4-.(- o( bO • O PROPERTY APPRAISAL (TAX/APN) PARCEL IDENTIFICATION NUMBER 2395-134-06-027 SPECIAL WARRANTY DEED Wells Fargo Bank, N. A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass -Through Certificates, Series 2007-E, whose mailing address is 2375 N. Glenville Drive (Mail Code: TX 983-01-01), Richardson, TX 75082, hereinafter grantor, for $602,000.00 (Six Hundred and Two Thousand Dollars and no Cents) in consideration paid, sells and conveys with covenants and will only warrant the title against all persons claiming under the Grantor(s) to ELIZABETH JEFFETT, hereinafter grantee, whose tax mailing address is 154 E. Lupine Aspen, CO 81611, the following real property: All that certain parcel of land situate in the County of Garfield, State of Colorado, being known and designated as follows: Lot 1127 of Aspen Glen Filing No. 7 according to the plat thereof recorded September 23, 1999 at Reception Number 552596. County of Garfield. State of Colorado Also known as: 26 Saddlehorn Court, Carbondale, CO 81623 Property Address is: 26 SADDLEHORN COURT CARBONDALE, CO 81623 The real property described above is conveyed subject to the following: All easements, covenants, conditions and restrictions of record; All legal highways; Zoning, building and other laws, ordinances and regulations; Real estate taxes and assessments not yet due and payable; Rights of tenants in possession. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the grantee forever. Prior instrument reference: 803333 The Grantee (s), or purchaser (s), of the Property may not re -sell, record an additional conveyance document, or otherwise transfer title to the Property within 60 days following the Grantor's execution of this Deed. 831139 02/08/2013 11:38:01 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $60.20 eRecorded The actual consideration for this conveyance is $602,000.00. Executed by the undersigned on January 15 , 2013: Wells Fargo Bank, N. A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass -Through Certificates, Series 2007-E, By Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, FKA Countrywide jiome Loai srvic g, LP, as Servicer and Attorney in Fact / :j iiit By: 1' Name: Tricia Fields Its: AVP STATE OF TEXAS COUNTY OF COLLIN The foregoing instrument was acknowledged before me on January 15 , 2013 by Tricia Fields its AVP on behalf of Wells Fargo Bank, N. A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass -Through Certificates, Series 2007-E, By Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing, LP., as Servicer and Attorney in Fact who is personally known to me ogobeemedivo& yzzggxxxxxxxxxmacootkudifigilet and furthermore, the aforementioned person has acknowledged that his/her signature was his/her free and voluntary act for the purposes set forth in this instrument. Notary Public l tio+str. QIP: $' a0' I' This instrument prepared by: MIN SOO KIM Jay A. Rosenberg, Esq., Rosenberg LPA, Attorneys At Law, 3805 Edwards Road, Suite 550, Cincinnati, Ohio 45209 (513) 247-9605 Fax: (866) 611-0170 and Ruth Burull Dreher, Esq., Attorney at Law, Member of the Colorado Bar. ma.I ku-Y sA- cot nnen-tis ISL1 LvPtSpt, el 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: November 18, 2016 File No. 1611008-2 Property Address. 26 Saddlehorn Court, Carbondale Listing Agent Woodbridge Realty of Colorado, LLC 9929 Highway 82 Carbondale, CO 81623 Attn: Laura L. Gee Email: lgee@woodbridgerealtyco.com Buyer Derbyshire Investments, LLC Email: Seller KA & M Pitkin Partners, LLC, a Colorado limited liability company Email: jeffettl0@aol.com Brandt Feigenbaum, PC: 132 Midland Avenue, Suite 4 BASALT, CO 81621 Attn: Lucas Peck Email: lucas@rfvlaw.com Attorney Balcomb & Green PO Drawer 790 Glenwood Springs , CO 81601 Attn: Chad Lee; Britt Choate Email:clee@balcombgreen.com; brittc@balcombgreen.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1611008-2 1. Effective Date: November 15, 2016 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: Derbyshire Investments, LLC (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $1,017,450.00 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: KA & M Pitkin Partners, LLC, a Colorado 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 H27 Aspen Glen, Filing No. 7 According to the plat thereof recorded September 23, 1999 as Reception No. 552596 TITLE CHARGES Owner's Policy Standard Coverage Owner's Extended Coverage Tax Certificate COUNTERSIGNED: Patrick' P. 3 w'-weU. $1,243.00 Reissue 65.00 15.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent 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. 1611008-2 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. Warranty deed from KA & M Pitkin Partners, LLC, a Colorado limited liability company vesting fee simple title in Derbyshire Investments, LLC. 2. Release of record by the Public Trustee of the Deed of Trust from KA & M Pitkin Partners, LLC, a Colorado limited liability company for the use of FirstBank showing an original amount of $750,000.00, dated November 25, 2015 and recorded December 11, 2015 as Reception No.871311 3. Note: Per Statement of Authority recorded December 11, 2015 as Reception No. 871310 the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are Elizabeth Jeffet on behalf of KA & M Pitkin Partners, LLC, a Colorado limited liability company 4. Recordation of a Statement of Authority for Derbyshire Investments, LLC, evidencing the existence of the entity and authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the existence of said entity prior to its acquisition of title to the land herein. 5. The Company must be furnished a copy of (1) the articles of organization, (2) written operating agreement and all amendments thereto, (3) current membership roster and (4) a certificate of good standing (or current registration) of said limited liability company. Unless the deed is executed by all members, we must also be furnished evidence satisfactory to the Company that all necessary consents, authorizations, resolutions, notices and actions relating to the sale and the execution and delivery of the deed as required under applicable law and the governing documents have been conducted, given or properly waived. 6. Payment of any outstanding homeowner association dues. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. 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. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse 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 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. 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. 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. 1611008-2 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 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. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2016 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 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 July 25, 1874 in Book 12 at Page 329. (view) 10. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded June 29, 1992 in Book 835 at Page 305. (view) 11. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded December 28, 1993 in Book 887 at Page 824. (view) 12. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded February 2, 1994 in Book 891 at Page 620. (view) 13. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded August 9, 1994 in Book 911 at Page 791. (view) 14. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 682. (view) 15. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 686. (view) (continued) File No. 1611008-2 SCHEDULE B - SECTION 2 16. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded August 20, 1997 in Book 1030 at Page 722. (view) 17. 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. (view) 18. 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. (view) First Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 854 (view) Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850. (view) Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8. (view) Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30. (view) Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800. (view) Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58. (view) Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 (view) Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517. (view) Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680. (view) Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293. (view) Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877. (view) Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755. (view) Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740. (view) Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910. (view) First Amendment recorded October 30, 2003 in Book 1533 at Page 735. (view) (Continued) File No. 1611008-2 SCHEDULE B - SECTION 2 (Continued) Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891. (view) 19. Easements, rights of way and all other matters disclosed on the Final Plat Aspen Glen, Filing No. 7 recorded September 23, 1999 as Reception No. 552596. (view) 20. Terms, conditions and provisions of Subdivider's Agreement as contained in instrument recorded April 6, 1995 in Book 936 at Page 444. (view) Amendment recorded July 11, 1996 in Book 984 at Page 697. (view) 21. Terms, conditions and provisions of Subdivision Improvements Agreement Aspen Glen, Filing No. 7 recorded September 23, 1999 in Book 1151 at Page 866. (view) 22. Encroachment of house, window well, deck and covered patio into golf course corridor, drainage and utility easement, encroachment of house outside building envelope and all matters shown on Improvement Location Certificate prepared by Tuttle Surveying Services, dated November 10, 2016. NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE OWNERS 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. K A & M PITKIN PARTNERS, LLC 5419 WATEKA DRIVE DALLAS, TX 75209 (214) 673-6516 January 24, 2017 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Amended Final Plat Application — KA & MPitlrin Partners, LLC Dear Madam or Sir: K A & M Pitkin Partners, LLC is the owner of the real property which is the subject of the Application for an Amended Final Plat for Lot H27, Aspen Glen, Filing No. 7. K A & M Pitkin Partners, LLC hereby authorizes Chad J. Lee, and the firm of Balcomb & Green, P.C. to act in all respects as the authorized representative of K A & M Pitkin Partners, LLC to submit and prosecute the above -referenced application. Very truly yours, K A & M PITKIN PARTNERS, LLC, a Colorado Limited liability company By: �✓ izabeth Jeffett, Member, by L P aft/- - 414G44-- 871310 12/11/2015 11:25:25 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity' named ICA&MPItldnPartners LLC and Is executed on behalf of the entity pursuant to provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ❑ Trust D Corporation ❑ Nonprofit corporation ❑ General Partnership ❑ Limited Partnership ❑ Limited Liability Partnership ❑ Limited Liability Limited Partnership El Limited Liability Company 0 Government or Governmental subdivision or agency 0 Other 3. The entity is formed under the laws of {state): Colorado 4. The mailing address for the entity is: 5419 Wateka Dallas, TX 75209 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is/are: Elizabeth Jeffet 6. The authority of the foregoing person(s) to bind the entity is' O Not Limited 0 Limited as follows: Executed this Adai' j day of Authorized Signature(s) Elizabeth Jeffet, Member 20 Print Name, Title Print Name, Title signature Signature Print Name, Title Print Name, Title Signature Signature State of : County of: The fore olng instrument was acknowledged before me day of 20 A. by �r�► Witness my hand and official seal. My Commission Expires: ' This form should not be used unless the entity is capable of holding title to real prope 2 The absence of any limitation shall be prima facie evidence that no such limitation ex The statement of authority must be recorded to obtain the benefits of the statute. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") K A & M Pitkin Partners, LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amended Final Plat of Lot H27, Aspen Glen, Filing No. 7 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: Elizabeth Jeffett Phone: ( 214) 673-6516 Billing Contact Address: 5419 Wateka Drive City: DallasState: TX Zip Code: 75209 Billing Contact Email: jeffettl0@aol.com Printed Name of Person Authorized to Sign: E1abet4jeffettir L vc-'ff Pik .,IA7 Z- 5" zo!7- (Signature) (Date) Garfield County Community Development Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE � ►�I�i1T► TAX PARCEL NUMBER: 239513406027 OWNER: K A & M PITKIN PARTNERS LLC PRACTICAL LOCATION: 26 SADDLEHORN CT, CARBONDALE 81623 (Aspen Glen Filing #7, Lot H27) TYPE OF APPLICATION: Amended Final Plat DATE: December 8, 2016 I. GENERAL PROJECT DESCRIPTION The owner of Lot H27 (0.51 acres), K A & M Pitkin Partners LLC, wish to correct several encroachments of the existing single family home that extend outside the building envelope. The rear encroachment is not only about 7 feet outside the building envelope, but also into a 50' Golf Course Corridor, Drainage and Irrigation Easement. Staff understands that work has begun to establish a license for the encroachment into the 50' rear easement. For the purposes of perpetuity, it will be required that such license or other accommodation for the encroachment into the easement be non -revocable and non - severable. The application should address whether any other nonconforming exist or will continue should the building envelope be modified to accommodate the known nonconformities. All encumbrances need to be identified on the Plat. 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. • Project Description including the reason for the amendment, a description of the accommodation for the encroachment into the rear 50' easement, and whether any nonconforming conditions will exist relative to setbacks for the applicable zone district. • Ownership Documentation (deed for all parcels) and title information indicating if there are any lienholders and/or encumbrances (a title commitment may be necessary) • Statement of Authority (should the parcel be held by an LLC, trust, corporation or other partnership.) 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 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) • 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. 2 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 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 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 are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: December 8, 2016 David Pesnichak, AICP Date 3 0 0 0 W. Section 5-305 Amended Final Plat Approximately 2 months if submittal Is complete Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre application Conference *Applicant has 5 months to submi t application Step 2; Application Submittal Step 3 Cornplereness pevievr • 1n businwss days to ruvrww • If incomplete, 60days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice * Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5! Referral •21 day comment period Step b: F_valution by Director Step 7: Director's Decision • Calf -up Period - within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 20 business days of approval, 101 111 till A O 4 LI V3I 11 !!O NOLL BOOT LLN3JV31 Otldit'l tv ti r$ 11 _ 1 t �; 1 7 ! i 1 �j� r � trffff! tt i::lltii1i4 1 ! r :1; � ;1? tiIL!p. delptMom! 1 011;11% }l!fiillitil 11.i ;g bi t ! =i 11 t 111$r iii' g� 1114= 1 1 1 1 1 e t;j1 ire ' � l ct f f l r ill pit 1111 it% e ! ;4 t 1k Garfield County Assessor Data Site Jim Ye11Ico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.91341(F) 970.945.3953 1(E) Jyellico@garfield-county.com Account Information Account: Parcel: Owner Name: Owner Address: Property Address: Legal: Tax Area: Subdivision: Sales Information R005461 239513406027 K A & M PITKIN PARTNERS LLC 5419 WATEKA DRIVE, DALLAS, TX, 75209 26 SADDLEHORN CT, CARBONDALE Section: 13 Township: 7 Range: 89 Subdivision: ASPEN GLEN FLG #7 Lot: H27 082 ASPEN GLEN FLG #7 Date Deed Type Doc Number 01/15/2013 SWD 831139 05/1112011 PTP 802522 01/1012002 WD 596029 Taxable Values History Grantor WELLS FARGO BANK -TRUSTEE BECVARIK, RICHARD ASPEN GLEN GOLF COMPANY Grantee JEFFETT, ELIZABETH WELLS FARGO BANK NA AS TR... BECVARIK, RICHARD W Amount 602,000 900,000 150,000 Year 2016 2015 2014 Property Details Land Actual 95,000 95,000 55,000 Imp Actual 949,130 949,130 813,280 Total Actual Land Assessed 1,044,130 7,560 1,044,130 7,560 868,280 4,380 Imp Assessed 75,550 75,550 64,740 Total Assessed 83,110 83,110 69,120 Model LAND 0 Attribute Name ABSTRACT CODE AREA ACRES AREA_SQFT NEIGHBORHOOD Attribute Value SINGLE FAM.RES.-LAND 0.511 0 ASPEN GLEN FLG 7 Garfield County Assessor Data Site Jim YeIlico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1(9 970.945.3953 i (E)jyellico@garlield-county.com Model Attribute Name Attribute Value RESI 0 XFOB 0 XFOB 1 XFOB 2 UNITS 1 BUILDING TYPE SFR ASSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS ACT YEAR BLT 2003 BASEMENTAREA 1480 FINBSMTAREA 1480 HEATEDAREA 5540.5 BATHS 4.5 ARCH_STYLE 2 -STORY BEDROOMS 4 ROOMS 9 NEIGHBORHOOD ASPEN GLEN FLG 7 AREA_UNITS 1 FRAME WOOD FRAME AIRCOND CENTRAL HEATING_FUEL GAS HEATING TYPE FORCED AIR ROOF COVER COMP SHNGL ROOF_STRUCTUR RIDGE FRME STORIES 2 BUILDING_NO 1 ABSTRACT CODE SINGLE FAM.RES-IMPROVEMTS NEIGHBORHOOD ASPEN GLEN FLG 7 XFOB_CODE OPEN PORCH 251+ SF AREA UNITS 0 ABSTRACT CODE SINGLE FAM.RES-1MPROVEMTS BUILDING_NO 1 NEIGHBORHOOD ASPEN GLEN FLG 7 XFOB_CODE GARAGE 1152+ SF AREA_UNITS 0 ABSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS BUILDING_NO 1 XFOB_CODE FIREPLACENERY GOOD NEIGHBORHOOD ASPEN GLEN FLG 7 AREA_UNITS 0 Garfield County Assessor Data Site Jim Yelllca, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) Jyellico@geriield-caunty,com Model Attribute Name Attribute Value XFOB 3 XFOB 4 XFOB 5 XFOB 6 BUILDING_NO 1 ABSTRACT_CODE SINGLE FAM RES-IMPROVEMTS NEIGHBORHOOD ASPEN GLEN FLG 7 XFOB_CODE FIREPLACE - AVG AREA UNITS 0 ABSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS BUILDING_NO 1 NEIGHBORHOOD ASPEN GLEN FLG 7 XFOB_CODE BALCONY 25-100 SF AREAUN ITS 0 BUILDING_NO 1 ABSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS XFOB_CODE WOOD DECK 101-250 SF NEIGHBORHOOD ASPEN GLEN FLG 7 AREA UNITS 0 ABSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS BUILDING_NO 1 ACT YEAH BLT 2003 XFOB_CODE PATIOICONC 101-250 SF NEIGHBORHOOD ASPEN GLEN FLG 7 AREA UNITS 0 Garfield County Assessor Data Site Jim YetIIco, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.91341 (F) 970.945.39531(E) jyellico@garfeld-county.com Property Images D. Amended Final Plat County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended [Exemption] Plat this _ day of , A.D., 20for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: County Clerk Certificate of Dedication and Ownership The undersigned , being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing acres, more or Tess, has [have] caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this [Exemption] Plat under the name and style of , a subdivision in the County of Garfield. The Owner(s) do(es) hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 20_. 2 -.1 i STATE OF COLORADO j COUNTY OF GARFIELD j : 55 Owner Address: The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D., 20_, by My commission expires: Witness my hand and official seal. (SEAL) Notary Public Surveyor's Certificate I, , do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of , as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of_ as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this day of , A.D., 20_. Professional Land Surveyor Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock , on this day of , 20� and is duly recorded as Reception No. _ ( Clerk and Recorder By Deputy County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this day of , A.D., 20_. Garfield County Surveyor Title Certificate I, , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in , free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this day of , A.D., 20_. OR TITLE COMPANY: Agent Attorney Colorado Attorney Registration No. Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this day of , A.D., 20_. Treasurer of Garfield County 29 PROPERTY OWNERS WITHIN 200 FEET AND MINERAL OWNERS R830193 ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY PO BOX 790830 SAN ANTONIO, TX 78279 R005449 GREG AND ANNA VITALI 285 SADDLEBACK ROAD CARBONDALE, CO 81623 R005450 RICHARD S. PERKINS, III NATALIE P. BARTLETT JULIE P. CORDONNIER 125 UPLAND ROAD CONCORD, MA 01742 R005451 W. SCOTT LIVESAY 405 LONDONDERRY, SUITE 203 WACO, TX 76712 R005458 PAULA ROTH DOMINIC DEZZUTTI 4804 WALDENWOOD DRIVE HIGHLANDS RANCH, CO 80130 R005459 GIESZL FAMILY NEVADA LLC P.O. BOX 6535 SNOWMASS VILLAGE, CO 81615 R005460 CATHERINE P. HEWETT 8189 BANPO BRIDGE WAY DELRAY BEACH, FL 33496 R005464 MARIANNE AND JOHN A. VIRGILI 406 HYLAND PARK DRIVE, SUITE A GLENWOOD SPRINGS, CO 81601 R005465 AMERICAN NEVADA CO LLC 2360 CORPORATE CIRCLE, #330 HENDERSON, NV 89074 R083422 GAVIN WAYNE BRITZ P.O. BOX 541185 HOUSTON, TX 77254 MINERAL OWNERS: WILLIAM WALTER GENTRY AKA WILLIAM GENTRY ESTATE OF CAESAR J. CHUC MITCHELL AND LUCILE DYER C/O PERRY CORYELL 427 LAKE LOOP DRIVE KALISPELL, MT 59901-8705 CGarfield County Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer Printed by Web User 1 inch = 3,009 feet 1 inch = 0.57 miles 0.4 0.8 1.6 Miles Garfield County Garfield County Colorado www.garfield-county.com Colorado Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. 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Qbyr y Q ,-,.. o 0 Q 2Z. 0 (D (D CO O ,-4...t) Q 0c° n j-0:Q�°i,C %--", ; y 0 �� O, o i co co The undersigned, K A & M Pitkin Partners, LLC being sole owner in fee simp/e of all that real property situated in Garfield county, described as follows: /7oaipag JO 9,Wa/ q;J9 4' Po 4' 4' Po 0 4' 4' v M,91 ZA9ON 9N/8b'38 08OHO V 4' eo 44. v Z 378V1 3'12U10 0 0 N O 0 0x 0 r O cQC=.r o k 1 tj 0 co cc:: k7k Grq 6Z3 t's%,,, O. 1 O � � A 1 cl :red BALCOMB&GREEN WATER LAW 1 REAL ESTATE 1 LITIGATION 1 BUSINESS ESTR 1953 Chad J. Lee Office (970) 945-6546 Direct (970) 928-3469 dee@balcombgreen.com February 7, 2017 Mr. David Pesnichak Garfield County Community Development Department Planning Manager 108 8th St. #401 Glenwood Springs, CO 81601 Re: Application for Amended Final Flat for Lot H27, Aspen Glen Filing 7— KA&MFitkin Partners, LLC Dear Dave: Thank you for your letter dated January 31, 2017 requesting additional information on our efforts to identify mineral owners, a statement indicating whether there is a lienholder, and a Power of Attorney for KA&M Pitkin Partners, LLC ("KA&M"). I. Mineral Owner Diligence The Garfield County Land Use and Development Code requires 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 9th, 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 severed minerals for the subject property. We also confirmed that the Assessor's records for Section 13, Township 7 South, Range 89 West do not list any active mineral owners; and ASPEN 1 BASALT I GLENWOOD SPRINGS 1 LAMAR Post Office Box 790 1 Glenwood Springs, Colorado 81602 1 800.836.5928 ( 970.945.6546 BalcombGreen.com Itico BALCOMB&GREEN WATER LAW j REAL ESTATE j LITIGATION I BUSINESS EST! 1953 David Pesnichak February 7, 2017 Page 2 of 5 3. We confirmed that the Final Plat of Aspen Glen Filing No. 7 lists William Walter Gentry, aka William Gentry without an address. We researched the Garfield County records in search of an address and could not find a current address. This exceeds our obligations to search mineral owners under Colorado Statute and the Garfield County Code. II. Lienholder There is only one lien on the property, identified as item 2 on Schedule B(1) of the Title Commitment. This Deed of Trust is dated November 25, 2015 and recorded December 11, 2015 as Reception No. 871311. We are in contact with the lienholder regarding this process. III. Power of Attorney Please find attached a Power of Attorney for Fli7abeth Jeffett that grants Lucas Peck the authority to act on Ms. Jeffett's behalf as her attorney in fact. IV. License to Encroach Finally, I met with the Aspen Glen Design Review Committee ("DRC") on Wednesday, February 1, 2017 and at that meeting the DRC approved the proposed Amended Final Plat. Please find attached an Aspen Glen DRC stamped and approved Amended Final Plat for Lot H27, Aspen Glen Filing No. 7. You will also see there is a handwritten note that indicates the golf course owner, Club Corp, will grant a license to KA&M. I have been in contact with the representative for Club Corp and we are in the process of finalizing a license to encroach. As such, we have also submitted a revised amended final plat which does not modify the golf course easement and includes a certificate of lienholder consent. Please use this going forward. you. CJL/bc Ends. As always, I look forward to working with you to finalize this Amended Final Plat. Thank Sincerely, Chad J. Lee ASPEN 1 BASALT 1 GLENWOOD SPRINGS 1 LAMAR MINERAL OWNERS: WILLIAM WALTER GENTRY AKA WILLIAM GENTRY STATEMENT OF AUTHORITY This Statement of Authority is intended to comply with and be effective as a statement of authority on which others may rely in accordance with C.R.S. C 38-30-172: 1. Entity name: K A & M Pitkin Partners, LLC. 2. Entity type and jurisdiction: limited liability company formed under the laws of the State of Colorado. 3. Mailing address: 5419 Wateka, Dallas, Texas 75209. 4. Name and position of the persons authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity are: Elizabeth Jeffett. Manager Lucas Peck, Manager 5. The authority of FH7abeth Jeffett and/or Lucas Peck, as Manager, to bind the entity is not limited. Each Manager has the several and full power and authority to bind the Company and third parties may and are intended to rely on the signature of only one Manager. The foregoing notwithstanding, Lucas Peck's power hereunder shall expire automatically on May 31, 2017 if not sooner terminated. By: STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Lucas ;ick, Manager of K A & M Partners, LLC, a Colorado limited liability company The foregoing instrument was acknowledged before me this 3'd day of February, 2017, by Lucas Peck, as Manager of K A & M Pitkin Partners, LLC, a Colorado limited liability company. My Commission Expires: "124 111 Witness my hand and official seal. /1/1/1 ( Notary Public MICHAEL FEIGENBAUM NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054045678 My Commission Expkes November 28, 2017 Site Aspen Glen VICINITY MAP SCALE: 1" = 600' N otice - 0 10 e1( 01f • 7.5' Utility, Drainage & Irrigation purposes Easement 7 3 Envel I 0' Building e per Reception 552596. e:Po GRAPHIC SCALE 10 20 oo ( IN Fm ) finch= 10 ft Legend = Cable Pedestal = Electric Transformer Phone Pedestal ® = Air Condition Unit = Gas Meter = Electric Meter = Irrigation Control Box = Storm Manhole = Wooden Fence = Hydrant CURVE TABLE 5 E 1 7 Z\ 20.0' Building Envelope per Reception No. 552595. Lot 1127 20.0' Building Envelope per Reception No. 552596. 7.5' Utility, Drainage & Irrigation purposes Easem en t CURVE LENGTH RADIUS CHORD CHORD BEARING DELTA TANGENT Cl 48.46 48.50 46.47 NOS 47'75"W 5774'58' . 26.47 According lo Colorado law, you must commence any legal action dosed upon cony defect i72- • 3?-47-2103t nsurz'ey within three years after you first dascover such defect. In no event may czny leg & aolion Bused won any defect in i4a7:5- survey be commenced more than een years from The date of /he certVicatiorx s•howtz hereon. 22,247 Sq Ft 0.51 Ac. 50.0' Gal Course Corridor, Drainage and Irrigation Easement Per Na 55#398 Amended Final Plat Aspen Glen .Subdivision, Filing 7 Lot 1127 Lot N,27 Aspen Clen, Filing No. 7 According to the Plat recorded as Reception No. 552598, County of Carfiela;State of Colorado Golf Course Easernent Created by this Amended Plat 411. Golf Course Easement to be removed by this Amended Plat 20.0' Building Envelope per Reception No. 552596. Building Envelope To be removed by this Amended Plat Building Envelope Created by this Amended Plaf 20.0' Building Envelope per Reception No. 552596 67° Property Owner and Mineral ner: CARBONDALE GLEN SisfETGRASS VISTA, LLC 14225 1,ENTZIRA BOULEVARD, SUITE 100 SHERMAN OAKS, CA. 91423 I ZTFILE SURVEY111/6? SERVICES 923 Cooper A ven u e Glenwood Springs, Colorado 87661 (970 923-9708 (FAX 947--9007) Entail— je,f,f®tss—us. corn ESTATE OF CAESAR J. CHUC MITCHELL AND LUCILE DYER 0/0 PERRY CCRYELL 427 LAKE LOOP DRIVE KAUSPELL,, MT 59901-8705 strioNi-e top:aa_ TUTTLE SURVEYING SERVICES LEGEND AND NOTES. 7.5' Utility, Drainage & Irrigation purposes Easement The purpose of this Amended .flat is to Adjust the Building Envelopeand Golf Course Easement Certificate of Dedication and Ownersh& The undersigned, being sole owner in fee simple of all that real property situated in Garfield county, described as follows: Lot H27, Aspen Glen, FNng No. 7 recorded September 23, 1999 as Reception No. 552596, containing 0.510 acres, more or less has caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this final plat under the name and style of Amended Final Plat of Aspen Glen Subdivision, Filing Z Lot H27, a subdivision in the County of Garfield. The owners do hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the pubic forever, and hereby dedicate to the Aspen Glen Homeowners Association those portions of said real property which are labeled as utility easements on the accompanying plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights she be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield executed this day of A.D., 2016. By. STATE OF COUNTY OF The foregoing Certificate of Dedication and Ownership was acknowledged before me this _ day of ,, 2016, by My commission exvires• W97NESS my hand and official seal. (SEAL) Comity Cpmmissfoner's Certificate Based upon the review and recommendation of the Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended Final Plat this day of , A.D. 2016, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall In no way obligate Garfield County for the construction, repair or maintenance of pubic roads, highways or any other public dedications shown hereon. Notary Public Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST Title Certificate County Clerk 1, an agent authorized by a title insurance company, do hereby certify that 1 have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in _ and Is free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat%, except as follows: DATED this day of , A.D., 2016 A Je = Review Committee final Plan Approval 1 Administrator T 1 ate County .$jrv€yor's Certificate* Approved ved for Con tent and Form only and not the accuracy of surveys, calculations or drafting. Pursuant to C.R.S. § 38-51-101 and 102, et seq. Dated this day of , A.D., 2016 77TLE COMPANY Commonwealth Title Co. , Agent By Garfield County Surveyor Certificate of Tars ppid 1, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this day of , A.D., 2016 Treasurer of Garfield County Clerk and Recorder's Certificate; This plat was filed for record In the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock -_1., this day of , 2016, and is duly recorded as Reception No. Clerk & Recorder By. Deputy - ® INDICA7E5 FOUND NO.5 REBAR W17H 1 1/4" YELLOW PLAS77C CAP MARKED LS NO 15710 - El INDICATES SET N0.5 REBAR W177 -I 1 1/4* RED PLASTIC CAP MARKED LS N0.33538 — fl NDICA 7ES SET NO.5 REBAR WiTH 1 1/4" ALUMINUM DISC LS NO. 33638 — DATE OF SURVEY NOVEMBER 11, 2016 — UNIT OF MEASUREMENT.• US SURVEY FOOT — BEARINGS ARE BASED UPON A FOUND NO.5 REBAR MTH 1 1/4e'. YELLOW PLAS77C 0,4P MARKED LS 15710 AT THE SOUTHWESTERLY POINT ON THE CURVE AND A FOUND NO.5 REBAR WITH 1 1/4" YELLOW PLAS77C CAP MARKED LS 15710 AT THE SOUTHEASTERLY POINT ON THE CURVE OF LOT H27, ASPEN GLEN, FILING NO. 7, USING A BEARING 0F N 678'52" W BETWEEN THE TWO DESCRIBED MONUMENTS AS SHOWN HEREON. - THIS SURVEY DOES NOT REPRESENT A 1777E SEARCH BY 17115 SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMA 770N PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM 77771 INSURANCE COMMITMENTS ISSUED BY COMMONWEALTH 7717.E COMPANY OF CARF7ELD COUNTY, INC., DA 7ED EFFECTIVE OCTOBER 28, 2016 AS COMMITMENT NO. 1611006 - 12'" - SIDING, 0.16' = TRIM CORNER OUTSIDE OF FOUNDA 17011 Surveyor's Certificate 1, Jeffrey Allen Tuttle, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete of the Amended Final Plat of Aspen Glen Subdivision, Filing 7, Lot H27 as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of the Amended Final Plat of Aspen Glen Subdivision, Filing 7, Lot H27 as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land In witness whereof 1 have set my hand and seal this day of_ , A.D., 2016. Professional Land Surveyor. Jeffrey Allen Tuttle, P.L.S. #33638 923 Cooper Avenue Glenwood Springs, CO 81601 26 Saddlehorn Court Carbondale, CO 81623 Drawn by DA/IC Date: 12/207/2016 Z• \2076 \AspenGlen 1 frling7 \ Io tH27 \ Arn en ded to tH27 dwg 1 OF