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Home My WebLink About1.0 ApplicationName -· ' .......__ ~ 1. Application "" RECEIVED FEB I 9 20 13 GARFIELD COUNTY BUILD ING & PLANN ING , ....._, ~ 2. Rep Authorization -' _.,..__ ~ 3. Pre App Summary ';·'·~<;. 4. Narrative , .., S. Draft Plat ,~~'? 6. Ownersh ~ip/Title }. ., ,.._ '. ~. 7. Adjacent Owners ,..... . d 8. Utility Easement · -r·: 9. Mineral Rights ce Garjkld County Building and Planning Department 108 81• Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM ,------------------·------------------------------------·--·------- TYPE OF APPLICATION g) Administrative Review J 0 Location and Extent Review ' l-=oo-L-im-i-te_d_lm-pa_c_t-Re-v-ie-w---------·-r-o.l>~Yelopment in 100-Year Floodplain ·-' D Major Impact Review I D Designation of Flood Fringe/Floodway 1 1---~-~-----------0 ----------------i D Amendments to an Approved LUCP I D Rezoning ; D LIR D MIR a SUP ! D Zone District a PUD a PUD Amendment I r--~-~~-~~--------+ D Minor Temporary Housing Facility i --0-ULUR Text Amendment I D Vacation of a County Road/Public ROW i D Land Use Code Text Amendment ' l--=Do-P-ip_e_lin_e_D_e_v-el-o-pm__.en~t--'------1 D Appeal of Administrative Interpretation ' ,___=D_c_o_m~p_re_h_e_ns_iv_e_P_la_n_A_m_e_n_dm_en_t~, M_in_o_r. ___ T,_-_.o_. :io~_J,_Re!!.ulations ______ . __ ·-··-----·-- 0 Comprehensive Plan Amendment, Major ' D Variance ~--~-----------'--'----''-'----··---·-. --------·" _____________________ _j ! INVOLVED PARTIES Owner/ Applicant Name: Gavin W Britz Mailing Address: 2408 Vintage Hill Dr. City: Durham ! E-mail: gavin.britz@duke.edu ' I Representati"ie(Authorization Required) -- ' I Name: William Campbell Mailing Address: 175 Big Hat Rd. City: Basalt E-mail: wcamp@myroaringfork.net I PROJECT NAME AND LOCATION i Project Name: Phone: ( 919 ) 724-8688 State: NC Zip Code: ~2~7_7~1~2~---- Phone: ( 970 ) 927-4425 State: CO Zip Code: 81621-9778 Ammended Subdivision Plat-Lots H-28 & H-29 Aspen Glen Filing No. 7 1 1 Assessor's Parcel Number: 239~---13~ __ 06 _-_Q28 _ ' Physical/Street Address: 0014 Saddlehorn Cy. Carbondale, CO 81623 • Lei:al Description: 7-89 Sec 13 SE1/4, Lot H-28, Aspen Glen Fig #7, Carbondale Zone District: 1 /2 Acre Residential Property Size (acres): -~53~0~---- re: page 2 for Lot H-29 '!·. -----------------i Project Description I Existing Use: Single Family Residence I I Proposed Use (From Use Table 3-503): Household Living-Dwelling, Single Unit I Description of Project: Combining I ots H-28 & H29 & 611ilding Envelope Adj! 1stment !----------------------------- l ----------·--------------·--------- ---------·---- REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: -------------Section: ____________ Section: ____________ _ l wail/er-Of Standard~-- -----·-·· - -·· · -- - - D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section:------------- Section: ____________ Section: ____________ _ I have read the statements above and have pro~ided the required attached information which is correct and accurate to ,the best of my knoVJledge. " I I \ . ~. \, \ (r LbJt C), Signature of Property Owner February 15, 2013 Date I OFFICIAL USE O_N_L_Y _. -··------··------··· -----··------------------ ---------------- ! ----------- : FileNumber: ____ -___ _ Fee Paid:$ ___________ _ Assessor's Parcel Number: 2395 __ 134 06 029 Physical/Street Address: -'ncco=..ncce=---------------------- Legal Description: 7-89 Sec SE 1 /4, Lot H-29, Aspen Glen Fig #7, Carbondale Zone District: 1 /2 /acre Residential Property Size (acres): _.5_6_1 ____ _ \ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")--'G"'a""v~i~n_,B'"'r~itz~----- ----------------------------agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ Ammended Subdjyjsjon Plat-Combining I ats & B11ilding fmrelope Ai;ij11:al1+1<:!nt 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, 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:' Gavin Britz · 919-724-8688 Billing Contact Person: ________ --' ______ Phone: L_), _______ _ Billing Contact Address:24DB \/intage·Hill Qrhre City: Durham State: ~N~C~_Zip Code: ~2~7~7~1~2~--- Billing Contact Email: gavin.britz@duke.edu Printed Gavin Britz (Signature) / ate) Gavin W. Britz 2408 Vintage Hill Drive Durham, NC 27712 Garfield County Building and Planning Department 108 8'" Street Suite 401 Glenwood Springs, CO 81601 01/14/13 Gentlemen; I authorize William B. Campbell Architect PC to represent me in the Administrative Review Process for an Amended Subdivision Plat to combine lots H-28 & H-29, Aspen Glen Filing No.7, and attending building envelope adjustment. yly;(? Gavin W. Britz ' GARFIELD COUNTY · Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2395-134-06-028 DATE: July 19, 2012 PROJECT: Amended Subdivision Plat -Combining Lots & Building Envelope Adjustment OWNER/APPLICANT: Gavin Wayne Britz REPRESENTATIVE: William Campbell, Architect PRACTICAL LOCATION: Lot H28 and H29, Aspen Glen Filing No. 7, Saddlehorn Court, 4 miles north of the Town of Carbondale, in Section 13, T7S, R89W. TYPE OF APPLICATION: Subdivision -Amended Final Plat ZONING: PUD (Planned Unit Development). I. GENERAL PROJECT DESCRIPTION '. The Applicant is planning to requesf an Amended Subdivision Plat for Lot H28 and H29 to combine the lots (eliminate the common lot line) to allow development of the property as a single lot. In addition to eliminating the lot line, related adjustments to the overall building envelope, utility easements and drainage easements will be necessary. The plans for the property include expansion of garage and vehicular storage areas. Of note the setback along the southerly property line for Lot H28 is 7.5 ft. (side yard setback) while the setback along the southerly property line for Lot H29 is 20 ft. (rear yard setback). The Applicant's intention is for both to become side yard setbacks and be \ consistent for the combined lot. This may require re-evaluation of what constitutes the side .and rear yards for the newly configured/combined lot. The Applicant's Representative has Indicated that a past amendment to the building envelope for Lot H28 dealing with setbacks was previously requested and approved. Information on that request should be provided. The Application submittals will need to address the setback issue along with confirmation that all easements and improvements that may be located within the easements are I . properly relocated or addressed. This may require referrals to affected beneficiaries of the easements. Referral to the Home Owners Association (HOA) is also typically required and may help address some of the easement and PUD issues. The Applicant's representative indicated that they anticipate a Design Review Process with the HOA occurring prior to the HOA approving the consolidation of the two lots. Review of the PUD approvals for Aspen Glen and confirmation that the proposed amendment is consistent with the PUD will be necessary. The Applicant's representative was provided with some of the PUD Documentation at the Pre-application Meeting including floor area ratio and setback standards. The Applicant's representative was also provided information on sprinkler requirements and indicated that their current plan is to install sprinklers in the proposed addition. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Unified Land Use Resolution of 2008 as amended apply: l> 5-306 -Amended/Corrected Subdivision Final or Exemption Plat l> 5-501 (I) -Application Materials Amended Plat l> 5-502 (C)(7) -Description of Submittal Requirements for Amended Plat l> 4-104 -Administrative Review Procedures l> 4-501 (A) Administrative Review Submittal Requirements l> Application shall address applicable standards contained in Article VII of the ULUR. As a convenience outlined below is a list of infgrmation typically required: l> Proof of Ownership (title work or copy, 6f a deed) and information on lien holders. l> Names and mailing addresses of pr6perties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. l> If owner intends to have a representative (Planner or Attorney) then a letter of authorization is needed. l> Copy of the Preapplication Summary needs to be submitted with the Application. l> Copy of the Application Form, Application Fees & signed Payment Agreement Form. l> The proposed amended Subdivision Plat for Lots H28 and H29 showing the existing and proposed lot lines, building envelope, and easements. J> The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed amended plat. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. l> Vicinity Map. l> In regard to Article VII, the Application may include requests for waivers, representations regarding appropriateness of certain standards, and/or demonstration of compliance with applicable standards. J> A narrative describing the request and related background information. Ill. REVIEW PROCESS The review process shall following the steps contained in Section 4-104 for an Administrative Review including: Preapplication meeting, Submittal of Application (3 hard copies and one digital copy), Completeness Review, Additional Submittals and Referrals, Setting a date for the Director's Decision, Public Notice to Property Owners within 200 ft. and mineral rights owners on the subject property, the Director's Decision including any conditions, Call-up Period, Finalizing the amended Final Plat and Satisfaction of any Conditions, Circulation for Applicant & Other Signatures, Board of County Commissioners Signatures on the plat as a consent agenda item . Public Hearing(s): Referral Agencies: ..ll. None _ 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, Aspen Glen Homeowners Association. IV. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees: Total Deposit: $100 $na $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 recoITTmendation of approval, approval with conditions, or denial to the Director of the Building and Planning 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. Pre-application Summary Prepared bv: I 2-1. l 2- Glenn Hartmann, Senior Planner Dae \ lfll.l.IAM II. (:i\tll1 lll~ll ARCHITECT, P.C. 17 5 Big Hat Road Basalt, CO 81621-9778 (970) 927-4425 DESCRIPTIVE NARRATIVE ASPEN GLEN AMENDED PLAT OVERVIEW The Owner of lots H28 & H29 wishes to apply for an Amended Subdivision Plat that ties the parcels together (eliminates the common lot line) and forms one lot. The purpose of which is to allow further development of the new property. A single-family residenc:e was constructed on lot H28 in 2003. At the time of construction a building envelope modification of 10 feet was granted on the north, south and west sides of the lot. The east side envelope remains 50 feet. An amended plat published 08/28/02 shows these conditions (Rec. No. G18204). At present the vision for the residence includes expanded living and garage space and exterior amenities. The construction schedule has yet to be determined. UTILITY EASEMENTS The common property line of the lots hosts two utility easements on either side each 7.5 feet wide. It is the Owner's intention to vacate these as shown on the Draft Plat. Four Utility Companies (Source Gas, Xcel Energy, Quest/Century Link and Comcast) make partial use of these corridors. Future development plans will include the relocation of these lines to service entry/meter locations appropriate to existing and new construction. We have contacted all interested parties and none have objected to the proposed course of action regarding the vacation. BUILDING ENVELOPE At the request of the Aspen Glen HOA a reduction in the size of the building envelope is proposed on the Draft Plat. BE-1 will be moved to 35' from the Homestead Road ROW. Extending BEG to BE1 and abandoning BES, BE?, BC2, BEG and part of BE1 will decrease the building envelope by 3,7GO square feet. No other changes to the existing envelope are part of this application. The Aspen Glen HOA, Design Review Committee has reviewed and approved this proposal on 12/20/12. LOT LINE DESCRIPTION The new lot HH-28 will have the front yard along Homestead Road to include C-2 & L-1. A side yard will be along Saddlehorn Court to include C-3, L-2, C4, C-1 and along lot H-27. An existing rear yard along Golf Course Parcel 10 and another side yard along lots H-31 and H-30 complete the lot line description. DEVELOPMENT STANDARDS Lot HH-28 will meet the development standards for the 1-acre residential zone district: Standard Requirement Actual/proposed (a) permitted use SF residential SF residence .. (b) min lot size 1 acre 1.091 acre (c) max bldg. ht 25 ft. 25 ft. (d) min front yard 35 ft. 35 ft. (e) min lot width 150 ft. 124 ft.* (f) min lot depth 220 ft. 294 ft. (g) max far .25 .142 (h) min rear yard 20 ft. 50 ft. (i) min side yard 12.5 ft. 20 ft.** . (j) cor lot min side yard 25 ft. 75 ft. (k) min parking / DU 4 spaces 6 spaces *Cul-de-sac, pie shaped and flag lots may have a less than minimum width but not less than 25 feet. ** Prior approval granted for 10 foot side yards on lot H-28. All new construction will be protected by fire sprinklers. Existing drainage courses will be preserved or extended as necessary to ensure historical patterns remain in tact. Swales along the southern lot line currently direct run off to a drainage easement adjacent to the golf course east of the property. I Date: October 27, 2011 Buvers PROPERTY ADDRESS: 14 Saddlehorn Court Carbondale, CO 81623 FOR CLOSING QUESTIONS OR CONCERNS: Colorado Prestige Escrow, LLC 999 18th Street Suite 260 Denver, CO 80202 Phone: (720)529-1710 Fax: (720)529-1712 Closer: Michelle Romero MRomero@coloradoprestige.com FOR TITLE QUESTIONS OR CONCERNS: Colorado American Title, LLC Phone: (303)308-6500 Fax: (303)308-6501 Examiner@co-title.com Sellers Order No.: 38248COREO Reference No.: 0022282784 Revision No.: C-2 Gavin Wayne Britz 2408 Unitage Hill Drive Durham, NC 27712 US Bank National Association, as Trustee for the holders of BART 2005-5 Mortgage Broker Wells Fargo Home Mortgage 1 Greenwood Drive Hilton Head Island, SC 29928 Phone: (843)686-2343 Fax: (866)214-0379 Email: brain.natale@wellsfargo.com Contact: Brian Natale Lender Wells Fargo Bank,. NA #936 PO Box 100515 Florence, SC 29502-0515 Phone: (843)686-2343 Fax: (866)214-0379 Email: Brian.Natale@wellsfargo.com Contact: Brian Natale Buvers Agent Mason Morse Real Estate 290 Highway 133 Carbondale, CO 81623 Phone: (970)704-3202 Fax: (970)963-0879 Email: ryan@ryanajennings.com Contact: Ryan Jennings Email: Karen@masonmorse.com ! Contact: Karen Scarberry Cover Letter REO 3476 Stateview Blvd. Fort Mill, SC 29715 Sellers Agent Fleisher Land & Homes 1430 Railroad Avenue Rifle, CO 81650 Phone: (970)625-1838 Fax: (970)625-1530 Contact: Garret Brandt customer ,Premier Asset Services '. 8480 Stagecoach Circle Frederick, MD 21701 38248COREO I Order No: 38248COREO Reference No: 0022282784 Additional Reference No: Revision No: C-2 Stewart Title Guaranty Company COMMITMENT FOR TITLE INSURANCE SCHEDULE A Regarding Property Address: 14 Saddlehorn Court Carbondale, CO 81623 1. Effective Date: 10/20/2011 at 12:00:00AM 2. Policy (or Policies) to be issued: (a) 2006 ALTA OWNERS POLICY Proposed Insured: Gavin Wayne Britz (b) 2006 ALTA LOAN POLICY Proposed Insured: Wells Fargo Bank, NA #936, its successors and/or assigns Policy Amount $657,500.00 $618,500.00 3. Fee Simple interest in the land described in this Commitment is owned, at the Effective Date, by US Bank National Association, as Trustee for the holders of BART 2005-5 4. The land referred to in the Commitment is described as follows: SEE ATTACHED EXHIBIT "A" Premiums Owner's Policy (Coverage $657,500.00) Loan Policy (Coverage $618,500.00) Tax Certificate -Buyer J· Tax Certificate -Seller AL TA Endorsement 5.1 (Planned Unit Development) AL TA Endorsement 8.1 (Environmental Protection Lien) (El Paso & Garfield Only) Endorsement 100 (Comprehensive) (Garfield & Pueblo Only) (Residential) Endorsement 130 (Ext.Cov.-Owner) (NoRisk/COlssued) (Garfield,Jackson,Larimer,Mesa&Weld) (Residential CAT Commitment -Schedule A Issued by: Colorado American Title, LLC 999 18th Street, Suite N255 Denver, CO 80202 This commitment is invalid unless the insuring Provisions and Schedule A and B are attached $1, 140.00 $85.00 $35.00 $35.00 $156.00 $50.00 $50.00 $50.00 $1,601.00 Page1d2 \ Lot H28, Aspen Glen Filing No. 7, County of Garlleld, State of Colorado CAT Commitment -Schedule A Order No: 38248COREO Reference No: 0022282784 Additional Reference No: Revision No: C-2 EXHIBIT"A" ' /. , This commitment is invalid unless the insuring Provisions and Schedule A and B are attached Page2d2 Order Number: 38248COREO SCHEDULE B • SECTION I REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the Land and/or according to the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the Land and/or the mortgage to be insured must be signed, delivered and recorded. 1. Warranty Deed from US Bank National Association, as Trustee for the holders of BART 2005-5 to Gavin Wayne Britz sufficient to convey the fee simple estate or interest in the land described or referred to herein. Note: Section 38-35-109(2) of the Colorado Revised Statutes, 1973 requires that a notation of the purchaser's legal address be included on the face of the deed to be recorded. Section 39-14-102(1)(a) of the Colorado Revised Statutes, 1973 requires all conveyance documents subject to the documentary fee submitted to the clerk and recorder for recording be accompanied by a real Property Transfer Declaration signed qy the granter or grantee. 2. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, Item 2 (b). 3. Receipt by the Company of the attached agreement indemnifying it against untiled mechanic's and materialmen's liens. 4. Evidence must be furnished to the Company by the,liloard of Directors of the Homeowners Association as to the status of the annual Assessments levied pursuant to the covenants, if any. Said evidence must state the amount, if any, of the unpaid common 9(maintenance charges against the land to the date of closing and that no liens or rights to a lien for unpaid common or maintenance charges have been sold, assigned or transferred to other parties. At the time of receipt, the Company may make additional requirements or exceptions. · 5. Payment of all taxes and assessments now due and payable. Note: Upon payment of the appropriate additional premium, the Loan Policy, when issued will have attached thereto a Form 8.1 Endorsement and a Form100 Endorsement. The Owners Policy, when issued will have attached thereto a Form 130 Endorsement. Note: The Company will need to be provided with final figures 48 hours prior to closing to be in compliance with the U.S. Department of Housing and Urban Development requirements which are as follows: Inspection one day prior to settlement upon request by the borrower. The settlement agent shall permit the borrower to inspect the HUD-1 or HUD-1A settlement statement, completed to set forth those items that are known to the settlement agent at the time of inspection, during the business day immediately preceding settlement. Items related only to the seller's transaction may be omitted from the HUD-1. ALTA Commitment (10/17/92) Schedule B-1 38248COREO \ Order Number: 38248COREO SCHEDULE B -SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatenled mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water, whether or not shown by the public records. 7. Any and. all unpaid taxes, assessments and unredeemed tax sales. 8. 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 dale the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. Note: Upon receipt of the final affidavit, as shown in Schedule B -Section II, Exceptions 5 and 6 will be deleted on the Owners Policy and Exceptions 1 through 6 will be deleted on the Loan Policy. / ~ Note: Upon payment of all taxes and assessment~ ~s shown in Schedule B -Section II, Exception 7 will be amended to read as follows: "Taxes and asseSsments for the year 2011 and subsequent years, a lien not yet due or payable. Note: Provided Colorado Prestige Escrow, LLC conducts the closing of this transaction Exception 8 will be deleted on the Owners Policy and the Loan Policy. 9. Notes, easements, rights of way, restrictions, covenants, and all other matters or conditions as shown and set forth on the Plat of Aspen Glen Filing No. 7 recorded September 23, 1999 at Reception No. 552596 and Amended Plat recorded January 7, 2003 at Reception No. 618204. ALTA Commitment (10/17/92) Schedule B-11 38248COREO Order Number: 38248COREO SCHEDULE B -SECTION II (Continued) Commitment Number: 38248COREO 10. Covenants, conditions, restrictions, reservations, easements, and lien rights (if any) which do not include a forfeiture or reverter clause, deleting restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin and any and all supplements, amendments, and annexations thereto, set forth in the Declaration recorded April 6, 1995 in Book 936 at Page 350. Note: Supplemental Declarations recorded July 15, 1997 in Book 1026 at Page 161, November 26, 1997 in Book 1043 at Page 850, February 10, 1998 in Book 1053 at Page 8, February 10, 1998 in Book 1053 at Page 30, May 1, 1998 in Book 1065 at Page 800, May 22, 1998 in Book 1069 at Page 58, August 24, 1998 in Book 1084 at Page 943, October 26, 1998 in Book 1094 at Page 517, August 17, 1999 in Book 1145 at Page 680, November 19, 1999 in Book 1161 at Page 293, September 23, 1999 in Book 1151 at Page 877, December 14, 1999 in Book 1164 at Page 755 and July 17, 2000 in Book 1197 at Page 740. AL TA Commitment (10/17192) Schedule B-11 , . 38248CORE0/36 Disclosure Pursuant to Colorado Revised Statutes Section 10 -11 -122 The subject real property may be located in special tax district: A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; 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. Notice of prospective owners required by Colorado Insurance Regulation 3-5-1 When the company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording of filing. Notice to prospective owners required by Colorado Revised Statute 3-5-1-(Vll) 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). Additional Requirement will be added to the Commitment upon request of said coverage. Only upon compliance of said requirements and approval from the Underwriter will said protection be given. Notice of prospective owners required by Colorado Revised Statute 10-11-123 Should the title search and examination of the chain disclose a severance of the mineral estate from the surface state the following will be added to Schedule 8-2 exceptions: A. That there is recorded evidence that mineral estate has been severed, leased, or otherwise conveyed from the surface estate and thatthere is a substantial likelihood that third party holds some or all interest in oil, gas, other mineral~. 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: the underwriter must approve all requests for mineral protection on vacant or recently improved land. Commitment (Disclosure Pursuant to Colorado Revised Statutes) 38248COREO Order No.: 38248COREO Reference No.: 38248COREO Revision No.: C-2 Colorado American Title, LLC 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 the 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 any other person or entity. Types of Information Depending upon which of our services you are utilizing, the types of non public personal information that we may collect include: • Information we receive from you on all 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,re'~orting agency . 'j . Use of Information We request 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 an 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, 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, the Privacy Policy will continue to apply to you. Confidentiality and Security Privacy Policy 38248COREO \ Order No.: 38248COREO Reference No.: 38248COREO Revision No.: C-2 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. ' . i· Privacy Policy 38248COREO Colorado Prestige Escrow, LLC 999 18th Street Suite 260 Denver, CO 80202 Phone (720)529-1710 •Fax (720)529-1712 Wiring Instructions •••ALWAYS USE YOUR MOST RECENTLY RECEIVED WIRING INSTRUCTIONS, AS THE INFORMATION MAY HA VE CHANGED*** ALL LOAN PROCEEDS MUST BE RECEIVED IN THE FORM OF A WIRE TRANSFER Wire instructions are as follows: BANK: Wells Fargo Bank ABA ROUTING NUMBER: 121000248 ACCOUNT NAME: Colorado Prestige Escrow, LLC, Escrow Account ACCOUNT NUMBER: 4124821562 BUYER(S) NAME: Gavin Wayne Britz PROPERTY ADDRESS: FILE NUMBER: 14 Saddlehorn Court, Carbondale, CO 81623 38248COREO CLOSING ADDRESS FOR ALL LOAN PACKAGES: Colorado Prestige Escrow, LLC 999 18th Street Suite 260 Denver, CO 80202 Phone: (720)529-1710 EMAIL FOR LOAN DOCUMENTS: MRomero@coloradoprestige.com Settlement Fees: Real Estate Closing Fee: $250.00 Loan Closing Fee: $250.00 per Loan Wire Fee: $30.00 per Loan Courier: $60.00 per Loan Email Fee: $35.00 Recording: $202.00 per Loan E-Doc Fee: $20.00 If closing is out-of-office, additional cost may apply. , . BUYER/BORROWERS FUNDS FOR CLOSING SHOULD BE IN THE FORM OF EITHER A '.-CASHIERS CHECK OR A WIRE. PERSONAL CHECKS AT CLOSING CANNOT BE ACCEPTED AND MAY REQUIRE YOUR CLOSING TO BE POSTPONED. PLEASE DO NOT BRING CASH FUNDS TO CLOSING. THANK YOU FOR YOUR COOPERA T/ON. Wiring Instructions 38248COREO Thank you for your business! Below are the Escrow Instructions and Contact Information for this Purchase. Colorado Prestige Escrow, LLC and Colorado American Title received this contract and it is currently in the beginning stages of processing. Your Closer will be in contact with you as soon as we are able to schedule this closing. You will be contacted immediately if we foresee any issues closing by the contract expiration date. Please note that if you wish to close your transaction prior to your contract expiration date (November 11, 2011 ), and we are able to assist you with this request (meaning we have the seller signed docs back in our office, HOA status where applicable, and title is clear); we will be more than happy to try and accommodate you. Please keep in mind that when dealing with a bank-owned property the seller will not attend the closing. We make every attempt to get sellers documents and deeds out for signature within 48 hours after receipt of orders. Unless otherwise notified of the intent to close your transaction early and with seller approval of the same, we will process your file for the contract date. This prevents any unnecessary rush fees for statements for water, HOA, or other items we must obtain for closing for either the buyer or the seller to pay. ***EARNEST MONEY -Colorado Prestige Escrow, LLC now requires CERTIFIED FUNDS. Please send as soon as possible to: Colorado Prestige Escrow, LLC, 999 18th Street Suite 260, Denver, CO 80202!*** ***COMMISSION DISBURSEMENT AUTHORIZATION FORMS MUST be sent directly to your Closer 72 BUSINESS HOURS PRIOR to your scheduled closing date in order to meet RESPA Requirements on the Settlement Statement. If these are not received on time, we will not be able to meet our Seller's deadlines to approve the Settlement Statement, and therefore will have to reschedule the closing.••• '''LENDER(S): Please send final loan figures 4 BUSINESS DAYS PRIOR to the scheduled closing directly to your closer so that we can adhere to state and federal laws. This allows us to give the seller 3 business days to review the documents and provides time for any changes that must be made to the settlement statements in advance to the closing. Without this time frame we are unable to guarantee a closing time as the seller's final approval may not be received. If you require a Closing Protection Letter -Please email your request to your closer Michelle Romero at MRomero@coloradoprestige.com.*** Our wiring instructions are: Wells Fargo Bank 420 Montgomery San Francisco, CA 94104 ABA #: 121000248 Account: 4124821562 Beneficiary: Colorado Prestige Escrow, LLC Colorado Prestige Escrow Loan No.: 38248COREO Property Reference: 14 Saddlehorn Court, Carbondale, C0.81623 *CASHIER CHECKS ARE ACCEPTABLE IF THAT IS MORE CONVENIENT FOR YOUR BUYER* *''Our file number you should reference when calling or emailing Colorado Prestige Escrow or Colorado American Title is: 38248COREO. Please take note that we are on the phone most of the day, so the best way to get a hold of us is via Email."' Your closer for this file is: Michelle Romero Email: MRomero@coloradoprestige.com Phone: (720)921-1382/ Fax: (303)228-3761 The Manager of Colorado Prestige Escrow is (North Office -Monica Lopez, Denver Office -Liz King). She can be reached via email at mlopez@coloradoprestige.com or lking@coloradoprestige.com. "IMPORTANT" -Colorado Prestige Escrow is a separate entity from our title company. For information regarding UPDATED TITLE, CHANGES TO TITLE WORK, OR COPIES OF DOCUMENTS -please contact your \Title Examiner, Monique Salas at 3033086505 or MSalas@co-title.com. Please contact us with any questions or concerns. Thank you. New Order Letter 38248COREO Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title G'JA!l-'INTH cor~PANY Date: 06-07-2012 Property Address: 4 SADDLEHORN COURT CARBONDALE. CO 81623 Our Order Number: GW630072 I8 If you have any inquiries or require further assistance, please contact one of the rmmbe1~ belm+c· For Closing A.\sistance: !317 GRAND AVE ~200 GLENWOOD SPRINGS, CO 81601 Phone: Fax: 800-318-8206 EMail: jjohnson@ligc.com ASPEN SNOWMASS SOTHEBY'S INTERNATIOKAL REALTY 'TMX 415 E HYi\IAN AVE ASPEN, CO 81611 A1"1: ERIK BERG Plumt•: 9i0-925-6060 Fax: 970-920-9993 E:\1ail: bergerlkl@msn.com Sl•JH \'ia E\:lail KENNETH K CAROLY~! SA \VER 435 OAK RIJN CARBONDALE, CO 81623 Aun: KENNETH & CAROLYN SAWER Sent Via Erv1ail L"-1'\D TITLE GUARAl\TEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS. GO 81BOJ \Aun: Jani(e L. jnhn.'iun '-Phonr: 970-945-2610 Fax:· 800-318-8206 E:Vl;UJ: jjoh11son;£::hgc .rnrn i ! For Title As.sisrance: Glenwood Springs "GW" Unit 1317 GRAND AVE ¥200 GLENWOOD SPRINGS, CO 81601 Phone: 970·945-2610 Fax: 910-945-4784 LINDA fllll\iTSMAN REAL ESTATE 3.5 HORSESHOE LANE CARBONDALE. CO 81623 Atrn: LINDA HL'NTSMAN Phone: 720-320-7084 EMal1' LH@LINDAHL"'TSMAI\ COM Sent Via Ei\.fai! GAVIN BRITZ H SADDLEHORN COl1ff CARBONDALE. CO 81623 Attn: GA VIN BRITZ Sent \/ia Efv1ail ASPEN SNOWMASS SOTHEBY'S !NTER.'lATION1\l REAl_Ti 'T:\1 4!5 E HYMAN AVE ASPFN. CO 81611 Phone: 970-925-6060 Fax: 970-n0-9993 E~·1ail: ~·lELVENAOL.cqJCO!vlC,\ST.NET SPnl Via E!'vfJ.il ~ Land Title Guarantee Cotnpany Ll:t11d Tltle GU.• ~,\ITTH CQMPA'fl' ~ ''W. I: CC C ll.- Property Address: 4 SADDLEHORN COURT CARBONDALE, CO 8l623 Buyer/Borrower: GAVIN W. BRITZ )eller/Owner: KENNETH G. SAWER AND CAROLYN]. SAWER Wire Information: Bank: ALPINE BANK GLENWOOD SPRINGS, CO 81601 Phone: Credit: ABA No.: 102103407 Account: 1 010018 384 Atte11tion: ]anlce L. ]ohnS()11 Dale: 06-07-2012 Our Order Number: GW63007218 Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEE8 . ALT A Owners Policy 06-17 -06 (Reissue Rate} Deletion of Standard Exception(s) (Owner) Tax Report 'J . $310.00 $65,00 $25.00 I.f. Land Ti.tll,?-Guarantee r;owpanr will he :;lc-sz.ng thi:; tr,°'Mact:i.;:;in, <ihot·~ f.hl.S will 1:-~ oo!.l~cted at th;;;it ti:ris. TOTAL $400.00 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW63007218 Schedule A Cust. Ref.: Property Address: 4 SADDLEHORN COURT CARBONDALE, CO 81623 I. Effecth-e Date: May 18. 2012 a1 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-0G $75,000.00 Proposed Insured: CAVIN W. BRITZ ' /· 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: .• A Fee Simple 4. Title to the estate or interest covered herein is at 1he effective date hereof vested in: KENNETH G. SAWER AND CAROLYN]. SAWER 5. The Land referred to in this Commitment is d.scribed as follows: LOT l-!29 ASPEN GLEN FILING NO. 7 ·.ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23. 1999 RECEPTION NO. 552596 COUNTY OF GARFIFLD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. GW63007218 He following are the requirements to be complied with: Payment lo or for the account of the granlors or mortgagors of the full consideration for the estate or interest lo be insure<!. Pmper instnunent(s) creating the estate or interest lo be insured must be executed and duly filed for record, to-wit: 1. WARRANTY DEED FROM KENNETH G. SAWER AND CAROLYN J. SAWER TO GAv1N W. BRITZ CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTlONS ARE HEREBY DELETED. NOTE: UPON APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAl\f POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE O~'NER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FCTURE LIENS RESllL TING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF KENNETH G. SAWER /\ND CAROLYN J SAWER. , OLD REPUBLIC NATIONAL TITLE INSURANCE COl\'lPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL Fl;lRNISHED AT THE REQUEST OF GAVIN W. BRITZ. , NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS W1LL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEJ1lPLATED TRl\NSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WlLL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. Al.TA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW630072l8 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to tile satisfaction of the Company: I. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of tlie Land or that may be asserted by persons in possession of the Land, 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroaclm1ent, encmnbrance, violation, variation, or adverse circumstance affecting the Tille tl1at would be disclosed by an accurate and complete !and 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 tl1e Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or atlaching subsequent to the effective date hereof but prior to the date tlie proposed insured acquires of record for value the estate or lllterest or mortgage thereon covered by Otis Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that le\ies taxes or assessments on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes ur asse.ssrnents. or notices of such pi-oceedings. whether or not shown by tl1e records of such agency or by Ore Public Records. 1. (a) Unpatented ntining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights. claims or title to water. whether or not the matters excepted under (a), (b), or (c) are shown by Urn Public Records. ; 1 . ' ; . 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PA TENT' RECORDED JULY 24, 1894, IN BOOK 12 AT PAGE 332. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894, IN BOOK 12 AT PAGE 332. 10. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS. AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 DJ BOOK 835 AT PAGE 305. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order !'lo. GW63007218 Tiie policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02. 1994 IN BOOK 891 AT PAGE 620. D. RESOL!JT!ON NO. 94-089 RECORDED AUGUST 09. 1994 !N BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13. 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-004 RECORDED JANUARY 17. 1995 IN BOOK 929 AT PAGE 64. G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09. 1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96-26 RECORDED MAY 09, 1996 IN BOOK 977 AT PAGE 399. 11 TERMS, CONDITIONS. PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED APRIL 12, 1992 !N BOOK 827 AT PAGE 636. AND RECORDED JUNE 29. 1993 IN BOOK 835 AT PAGE 364. 11 RESTRICTIVE COVENANTS, \\'HICH DO NOT CONTAJN.A FORFEITURE OR REVERTER CLAUSE, BUT OM!Til'lG .<\NY COVENANTS OR RESTRICTIONS, lF ANY, BASED UPON R<\CE, COLOR., RELIGION, SEX, SEXUAL ORIENTATJ6N. FA!v!IL!AL STATUS, MARIT/\L STATUS, DISABILITY. HANDICAP, NATIONAL ORJGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRKTION IS PERJl,1JTTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06. 1995 IN BOOK 936 AT PAGE \ 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY JO. 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10. 1998 IN BOOK !053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 01. 1998 IN BOOK 1065 AT PAGE 800. SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 !N BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24. 1998 JN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26. 1998 IN BOOK 109·1 AT PAGE 517. NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEivlBER 19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER U. 1999 IN BOOK 1164 AT PAGE 755. THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED ]CLY 17, 2000 IN BOOK 11~7 AT I ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007218 The policy or policies to be issued will contain exceptions to the following lllllcss the same are disposed of to the satisfaction of Ille Company: PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 08, 2003 IN BOOK 1467 AT PAGE 910, AND FIFTEENTH DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891. 13. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED APRIL 06. 1995 IN BOOK 936 AT PAGE 444, AND RECORDED SEPTEMBER 23. 1999 IN BOOK 1151 AT PAGE 866. 14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS. RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314. JS. TERMS. CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED lvL'I Y 25. 2006 IN BOOK 1803 AT PAGE 782. 16. TEM1S. CONDITIONS AND PRO'v1SIONS OF CORRECTION PLAT RENAMING CFRT.\JN STREETS Vv1THIN ASPEN GLEN PUD RECORDED MARCH l:l, 2007 AT RECEPTION NO. 718915. ., '·. 17. EASEMENTS, CONDITIONS. COVENANTS, RESTRI(rIONS, RESERVATIONS Ai'JD NOTES ON THE PLAT OF ASPEN GLEN. FILING NO. I RECORDED APRIL 06, 1995, L'NDER RECEPTION NO 476330. 18. EASEMENTS. CONDITIONS. COVENANTS. RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN. FILING NO. 7 RECORDED SEPTEMBER 23, 1999, UNDER RECEPTION NO. 552596. 19. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE. BUT OMITIING ANY COVENANTS OR RESTRICTIONS. IF ANY. BASED UPON RACE, COLOR, RELIGION. SEX, SEXUAL ORIENTATION, FAJvllLJAL STATUS. MARITAL STATUS. DISABILITY. HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME. AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS. EXCEPT TO THE ·EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW. I . AS CONTAINED IN INSTRUMENT RECORDED MARCH 23. 2007, JN BOOK 1905 AT PAGE 523. ALTA COMMITMENT Schedule B-2 {Exceptions) Our Order No. GW63007218 Tbe policy or policie.~ to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 20. RESTRICTIVE COVENANTS, WfllCH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE. BUT OMITTING ANY COVENANTS OR RESTRIC110NS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP. NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTA.INED IN INSTRUMENT RECORDED MARCH 23, 2007, IN BOOK 1905 AT PAGE 577. 21. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. \ -,. LAND TlTLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPAl'iY -GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS !0-11-122, notice is hereby given Ilia!: A) The subject real propertv may be located in a special taxing district. Bl A Certificate of Taxes Oue listing each taxing Jurisdiction shall be obtained from the County Treastll'er or the County Treasurer's authorized agent. C) The infumiation regardmg special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the Cow1ty Clerk and Recorder, or the Comity Assessor. Note: Effective September 1. 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margil) of at least one inch and a left, light and bottom margin of al least one half of an inch. The clerk and recorder may refuse to record or file any docmnent that does not conform. except that, tl1e requirement for Uie top margin shall not apply to docun1ents using forms on which space is provfded for recording or filing information at the lop margm of the document. Note: Colorado Division of Instll'ance Re!!Ulations 3-5-1, Paragraph C of Article Vil reQuhes that "Every title entity shall be responsible for all maffers which appear ofrecord plior to the time of recording whenever the title entily conducts the closing and i1 responsible for recordin,g or filing of legal documents resulting from the transaction wli!ch was closed". Provided that I::and Title Guarantee Company conducts the closing of the instll'ed transaction and is responsible for recording the le1<al documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien grotection for the Owner mav be available (tyJi>kally by deletion of Exception no. 4 of Schedule B, Section 2 of the Conunitmenl from the Owner s Policy to be issued) upon comQliance with the following conditions: - A) The land descfibed in Schedule A of thls commitment must be a single family residence which includes a condominiwn or townhouse unit. B) No labor or materials have been furnished by mechairlcs or material-men for purpose5 of construction on the lai1d described in Schediile A of this Commitment within the past 6 monUts. CJ The Com)lany must receive an appropriate affida;it indemnifying the Company against un-filed mechai1ic sand matetial-men's liens. · , - D) The Companv must receive paxmenl of the appropriate premium. E) If there has been const111ction. !Illprovemenls or major repairs undertaken on the propcrtv lo be purchased \.\1lhin six months plior to the Date of the Commitment, the requirements to obtain coverage for llllfecorded liens will include: disclosure of certain construction information: fmancial mformation as 10 the seller, the builder and or the contractor; payment of tire appropliate premimn fullv executed lndemnil> A'i'areements satisfactorv to die company, and, any additional requirements as 1nay be nece.ssafy arter an examination <if the aforc...satd information by the Company, No coverage will be giwn under any circumstances for labor or material for which the insured has contracted for or agreed to pay, -: ' , Note: Pursuant lo CRS 10-11-123. notice is hereby given: i This notice applies to O\vner' -5 policv conunitmentS containing a 1ninera1 .severance instn1ment exc~ption, or exceptions. in Schedule B. Section 2. A) Thal 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 iJ1 oil, gas. od1er minerals, or geothennal energy in the property; and BJ That such min~ral esta,te !11"Y incfude the right to enter and use the property without tfie ~urface O\Vner s pemHss1on. Note: Pursuant to CRS 10-1-128(6)(a), ll is unlawful to lmowinglv provide false, incomplete, or misleading facts or information to an insuraiice company rnr tlie P,Urpose of defraudiI]g or attempting lo defraud the company. Penalties may include implisonment, fmes, iriformation to an iJtsurance company for the purpose of defrauding or incomplete, or misleading facts or infonnation to a policvholder or claimant for the purpose of defrauding or attempting attempting lo defrautl the policyholder or claimant with regard to a seWemwnt or awai·d payable from insurai1ce proceeds shall he reported to tfie Colorado division of insurance within che department of regulatory agencies. Nothing herein contained will be deemed lo obligate the coll)pany to provide any of the coverages referred to herein tmless the above conditions are fidly satislfed. - JOINT NOTICE OF PRN ACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COlv!PANY -GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Titis Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title. LLC, as agents for Land Title Insurance Corporation and Old Republic National Tille Insurance Company. We want you to know that we recognize and respect your privacy expectations and lhe requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize !hat maintaining your trust and confidence is lhe bedrock of our business. We maintain and regularly review internal and exterlllll safeguards against unaulhorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or oilier forms we receive from you, including communications sent through TMX, our web-based transaction management system: • your transactions with, or from t11e services being performed by, us, our affiliates. or olhers; • a consumer reporting agency. if such information is provided to us in connection with your transaction; and • lhe public records maiutained by governmental entities tliat we either obtain directly from those entities. or from our affiliates and non-affiliates. Our policies regarding lhe protection of the confidentiality and security of your Personal lnfonnation are as follows: ' We restrict access to all Personal Information about you to those employees who need to know tlml infonnation in order to provide products and services to you. ' We maiutain physicai. electronic and procedural safeguards tltat comply \\·ith federal standards to protect your Personal Infonnation from unautho1i2ed access or inu·usion. ' Employees who >iolate om strict policies and procedures regarding privacy are subject to disciplinary action. "' We regularly access security standards and procedure-~ ~h protect against unauthorized access to Personal Information. 1 · · /- WE DO NOT DISCLOSE ANY PERSONAL INF..QR!v!ATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PER!vllTTEDBY LAW. Consistent with applicable privacy laws. there are some situations in which Personai Information may be disclosed. We n1ay dis.close your Personal Infon.natio11 ;vhen you direct or give us perrnission; \Vhen we are required by law to do so, for example. if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. OLU' policy regarding dispute resoluiion is as follO\YS. ,i\ny controv{~rsy or cl.a.in1 arising out of or relating lo our privacy policy, or the breach thereof, sltall be settled by arbitralion in accordance with the rules of tlie Ametican Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may he entered in any court having jurisdiction tl1ereof. \ Commitment to Insure ALTA Cormiitrnent . 2006 Rev. Oto R£PUBUC NATIONAl TITlI INSURANC! COMPANY, a Minresota t"JlOfalion, (Co·n~ for a vallab~ coosid!!l'ation, comn'its to issue its poficy or policies of title ihsuram:e, as identified In Schedule A, in favor or the Proposed lnsL.Jed named in Schedule A, as 1Wv'OOf or mortgagee of the est<Jle or lntef'll'St In the land ~criberl OI' referred to il'I Schedule A, upoo ()llyment of the premiums and charges aOO compOil'lce with tbe requircmoots~ al subject to the provisions of Schedule A and Band to the Conditions or this Commitment. Tlis Commitment shaH be effl?d:ive only wlwl Urn idelllhy of tile Proposed Insured and the amoul'll. nf the policy or poficiE.<S committed for have been inserted in Schedule A by tre Company. Al Uati'lit)' arr! obligaUon 11rHler tlis commitment shaR cease and terminate six months after th!! Effective Date or when the policy or poicies committed ror stml issue, whichever first occurs, provided that the failure ro issue sucli policy or policies is oot the fault of lhe Company. CONDITIONS AND STIPULATIONS 1. The term ~mortgage", when used herein, sllaH iflelude deed or trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knovo'ledge of any defect, Ii cm, enr.11mbrance, adverse claim or ottier matter affecting the estate or Interest or mortgage thereon covEred by this Commitment ntller than those shovm in Schedule B hereof, and shal fail to disdose such knowledge to Campariy ifl wrtmg, the Campany shall ben:'lieveO iuim \iati'ity fm llrr:J loss M Qamage 1esllffing flom any act of rnliance he1oon to the Ill.ten\ the Cooipany G pejmiced by failurn to :.o d\sclost.> sur.-h k1uw1&.gf:. If the proposed Insured sbaff disclose such knowled~ to the C{lmpany, or if the Co!J1lany otherwise acquires actual knowle.dge <1f a11y such defect, kn,. encumbrance, adverse claim or other matter, the Company at its option may ammi ScAedute 8 of tlls Commitment accordingly, Nit such amendment shall not relieve tOO Company frnm llabilty preW>us~ in<:Yned jlli"SUant lO paragrapll 3 n[ tlle5' Condmoos aoo S~uliltions. 3. llabity or the CC111pany under this Commitment shall be otily to the named proposed !nstu"ed and sucil parties included under the delilition of Insured in lhe form of po~cy or policies comRUtted for and oNy for actl.Jal loss incurred in reliance hefeoo m undertaking in !PXllf faith (a) to comply with the requirements ll!M'eor or (b) to eliminate exceptions shown in SchedW B, or (c) to acquire or create the estate ct intelest or mortgage thereoo ctivered by this C0011litment. In no ev~r shall Mith liabiity exceed Ute amount stated in Schedule A for the po~cy or poicies committed for and such fiabillty is slilject tt> the insuring provisions and ttie ConditioJJS and S~ulatiollS and the Exclusions from CcHernge of the form of poicy Clf polides committed for !n favor of the proposed Insured Which <ire heleb)' inClXporated by rl!'fereoce and are made a pan of this Commitment except as expressly modified OOieiJJ. 4, This corm1it1T120t is a conlract toisrue oFE" IN' more tide insurance poiides and is not Ml abstracl of title or a report of the i;ondition of title. Any action or actiom Of rights of action that tile proposed lnsurOO may have Ol may ttirig against thl' Company a1l!Jng out of tlie status of tlul tit!e to the ~late or interest r.r the ststlJS (If thP. mnrt9age thl!retlll covered by this Commitmt.!flt mt1st be bl!Std on mld ale subject to the provisions of this Commitment 5. TOO p-Oficy to be 'i<i.S1Jed cootms an arbtttatloo daifil. A!I artmratk n1attcts when tha A.rnoonl,\l( lRSUrance ls 12,000,000 a1 !es:;. shall be. arbitrated at the o~kln (If eitl~r the Company er the lllst11ed as tOO exctusiVe temc-dy of tfl:? 1>3rtles. '{ou may review a rpk of the arbitratian rules at www.alta.~g. STANDARD EXC£PTIONS J.. Jn addition to tlle matters cootalned in tile Co1liitlons and Stipllallons and £xclusioos from Coverage above refened to, this Ccmmitment is alsn subject 10 Ute follnv.~~: t. Rigfts Of claims of parties in possession not sh:>Wll by the Pu~ic. Rt1:ords'. 2. Easements, or claims of easements, not shown by the Public RecE:tds. 3. Discrepancies, conficts In OOundary lines, short.age in area, e11croaci¥nents, and any facts which a cooei::t survey or inspeclioo of the land would discW and which arc not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore°' hereafter furnished, imposed by law arMJ not shnwn by the Nine Records. S. Defects, iens, encmnbr<11ces, adverse claims or other matters, if any, created, first appearing irt the Public Recocds or attaching: subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for vakie the estate or intetest or mortgage tlH!reon covered by Uis Cwrnitment. IN WITNESS WHERE.Of, Old Republic National Title Insurance C001pany has caused its corpora le name and selll to be affixed by its dt~y authofired offtcers oo the date shown in Schedule A tft be v~ld when countersigned by a vafidotirig officer or other authorized signatory. OlO REPUBUC NATIONAl TITLE INSURANCE COMPANY A Stock Company 400 Seco11d Avrml!E! South Mimeapoli!r. MUwsota 55401 (612) JIJ.1111 CC.ORT.OS Own~ame ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY VIRGILI, MARIANNE & JOHN A WIUIAMS, SAMUEL & ELISABETH BRllZ, GAVIN WAYNE BRITZ, GAVIN W AMERICAN NEVADA CO LtC LIVESAY, w scorr Address 2 PO BOX 790830 406 HYLAND PARK DRIVE SUITE A 11772 LILY RUBIN AVENUE 2408 UNIT AGE H!ll DRIVE 240B VINTAGE HIU DRIVE 901 GREEN VALLEY PARKWAY #200 405 LONOONDERRY, SUIT£ 203 VI ERKE, RICHARD SCOTT & JANICE A PO BOX 772930 "fy State SAN ANTONIO TX GLENWOOD SPRINGS CO LAS VEGAS NV DURHAM "' DURHAM "' HENDERSON " WACO TX STEAMBOAT SPRINGS CO ZipCode Situs House Number Street N<trne "fy Zip Code 78279 CARBONDALE 81623 81601 38 SPRING LOOP CARBONDALE B1623 89138 CARBONDALE 81623 ·~ ,' 27712 14 SAODlEHORN CARBONDALE, 81623 27712 CARBONDALE 81623 89074 CARBONDALE 81623 76712 CARBONDALE 81623 80477 CARBONDALE 81623 ~·"', MCGUIRK Ill, FRANK D & HUmSMAN, LINDA 35 HORSESHOE LANE CARBONDAlE CO 81623 CARSON DALE 81623 HEWITT, CATHERINE P S431 NW 41 TERRACE BOCA RATON Fl 33496 CARBONDALE 81623 SANDPIPER ENTERPRISES, UC 0194 CABIN DRIVE CARBONDALE CO 81623 CARSONDAlE 81623 STONY ISLAND REAi. ESTATE 27842 N 103RD PLACE SCOTTSDALE AZ 85262 CARSON DALE 81623 PERKINS, RICHARD s Ill & BARTLETT, NATALIE P & CORDONNIER. JULIE P 125 UPtANO ROAD CONCORD MA 1742 ,.,Q.._~B9NDA!.E 81623 WELLS FARGO SANK NAAS TRUSTEE FOR THE Cf:RT HO LO ER OF BANC OF AMERICA FUNDING CORP MORTGAGE PASS-THROUGH CERT SERIES 2007-E 4C>O COUNTRYWIDE WAY SIMIVALLEV CA 93065 26 SAOOLEHORN CARBONDALE 81623 ROTH, PAULA & DEZZUTTI, DOMINIC 4804 WALDENWOOD DRIVE HIGHlANDS RANCH CO 80130 CARBONDALE 81623 GIESZL FAMILY NEVADA LLC 6551 CNETENNIAL CEmER BLVD LAS VEGAS NV 89149 CARBONDALE 81623 HEMM, ARTHUR R & CATHERINE E 245 SADDLEBACK ROAD CARSON DALE co 81623 245 SADDLEBACK CARBONDALE 81623 ,,_,., '" From: "Rusty Jones" <RustyJ@sgm-inc.com># ~ Subject: Utility Contacts Date: January 14, 2013 4:41 :27 PM MST To: "william campbell 11 <WCamp175@gmail.com> Bill, Here is the contacts we discussed. Qwest/Century Llnk---Jason Sharpe (Engineering) (970) 384-0238 3 Attachments, 13 KB Source Gas-1-800-536-0012 this is the customer care number and If the owner will call to give the OK they can proceed with providing an assessment to move the line. Xcel Energy---Grand Jct. (970) 244-2626-Sounds like you have this one. Comcast-you have Michael Johnson's email from what I just sent. Thanks, Rusty Jones, PLS, CFedS GIS Coordinator 6SGM · ·. 11 8 W Sixth St, Suite 200 " Glenwood Springs, CO 81 601 970.384.9033 I 970.596.2659 cell \ From: 11Johnson, Michael (Aspen)" <Michael_Johnson@cable.comcast.com> ~ Subject: RE: Aspen Glen utility easement Date: January 17, 2013 2:34:36 PM MST To: William campbell <wcamp@myroaringfork.net> Thanks William, I have no issues in vacating the easement n question but it does contain the current coax feeding the existing house. if they need to relocate the feed they would need to run a new conduit to our pedestal on Saddlehorn. You can call me on my mobile 970-930-4713. Thanks Michael From: william campbell [mailto:wcamp@myroaringfork.net] Sent: Thursday, January 17, 2013 2:17 PM To: Johnson, Michael (Aspen) Subject: Aspen Glen utility easement Hi Michael, I believe that you talked to Rusty Jones at SGM earlier this week regarding this project. I have attached a draft plat for your review. In order to tie these two lots together Garfield County needs confirmation from the various utilities that there are no issues in vacating the easement along the common lot line. I have also attached a preliminary site plan that shows the approximate existing ( marked - -C--) cable locations. Could you contact me at your convenience so that we may discuss the matter? Sincerely, William Campbell Architect PC 175 Big Hat Rd Basalt CO 81621 970-927-4425 From: "Rusty Jones" <RustyJ@sgm-inc.com>&' ~ Subject: RE: Aspen Glen-Utilities Century Link Date: January 23, 2013 10:30:09 AM MST To: 11william campbell" <Wcamp175@gmail.com> 3 Attachments, 13 KB Excellent-hopefully we are over the hurdles now to move the plat towards recording and getting the house expansion moving forward. Let me know how your progress is going. Thanks, Rusty Jones, PLS, CFedS GIS Coordinator 6SGM 118 W Sixth St, Suite 200 Glenwood Springs, CO 81601 970.384.9033 I 970.596.2659 cell From: william campbell [mailto:wcampl75@gmail.com] Sent: Wednesday, January 23, 2013 10:27 AM To: Rusty Jones Subject: Re: Aspen Glen-Utilities Century Link Hi Rusty, Thanks for the update. I meet on site tomorrow with Tillmon Mcschooler (xcel energy). That should clear the way for vacation of the easement. Regards, Bill On Jan 23, 2013, at 10:13 AM, Rusty Jones wrote: \ Hi Bill, I received a call yesterday from Jason Sharpe with Century Link. He apologized for not getting back with me sooner but was very helpful. I sent him our preliminary plat and explained the utility concern. He indicated that they have all of their facilities in the Saddlehorn cul-de-sac and the line that was marked within the easement we wish to abandon is most likely the "service pull" to the house. He wasn't concerned with any relocation as they don't get involved with service to a structure. He indicated it would be up to the owner and contractor to relocate. Call me if you need to, but it seems like we have now solved the utility issue? Thanks, Rusty Jones, PLS, CFedS GfS Coordinator <irnage001.jpg:> <image002.jpg><image003.jpg> I From: "McSchooler, Tillmon B" <tillmon.mcschooler@xcelenergy.com> l' Subject: RE: LOT H-28 ASPEN GLEN Date: February 5, 2013 4:00:22 PM MST To: 'william campbell' <Wcamp@myroaringfork.net> Bill, Per our on site meeting on January 24th 2013, Xcel Energy has no objections to the requested vacation of the existing easement between the two lots in Aspen Glen (H28 & H29) on Saddle Horn Ct. Let me know if there is anything I can do to help at this time. Thank you, Tillmon McSchooler Xcel Energy I Responsible By Nature Designer-Engineering 2538 Blichmann Ave. Grand Junction, CO 81505 P: 970.244.2695 C: 970.270.1953 F: 970.244.2661 E: tillmon.mcschooler@xcelenergy com XCELENERGY.COM Please consider the environment before printing this email. From: william campbell [mailto:wcamp@myroaringfork.net] Sent: Tuesday, February 05, 2013 3:05 PM To: McSchooler, Tillmon B Subject: LOT H-28 ASPEN GLEN ~Hi Tillmon, Could you reply to this message stating that on January 24th we met on site, reviewed the project and that you have no issues regarding vacating the easement. , '' Thanks, Bill / From: william campbell <Wcamp@myroaringfork.net>&' Subject: Easement Vacation Date: January 30, 2013 3:48:13 PM MST To: 11Atwater, Tim" <Timothy.Atwater@sourcegas.com> II 1 Attachment. 219 KB Hello Mr. Atwater, I am working on a Lot Tie in Aspen Glen. The common lot line has a utility easement 7.5 feet wide on either side. We wish to abandon the easement and at some future time relocate the utilities to a proposed addition. I have attached a schematic site plan for your review. Could you please confirm that vacating the easement and relocating the gas line and meter will not negatively effect service provided by SourceGas? If you need more information email or call me at 970-927-4425. Sincerely; William Campbell 0 '---w-•----•~•· 0 ·-~•-W•·---~-- -ITllHB!i!ll 11 ·1 -:,n "Rusty Jones" <RustyJ@sgm-inc.oom># fl ··'J1.0-C'i FW: Aspen Glen Utility Relocation ')ate· January 14, 2013 4:36:52 PM MST "Wll!lam campbelr <WCamp175@gmall.com> Bill, You can read the email thread below. Thanks, Rusty Jones, PLS, CFedS GJS Coordinator 6SGM 118 W Sixth St, Suite 200 Glenwood Springs, CO 81601 970.384.9033 / 970.596.2659 cell IHI From: Johnson, Mldlael (Aspen) [mallto:Michael_Johnson@cable.comcastoom] Sent: Mooday, January 14, 2013 3:43 PM To: Rusty Jones Subject: RE: Aspen Glen Utility Relocation Correct and it only feeds the current house From: Rusty Jones [mailto:Rustvl@sgm-inc.com] Sent: Monday, January 14, 2013 3:39 PM To: Johnson, Michael (Aspen) Subject: RE: Aspen Glen UUlity Relocation Michael Thanks for the quick response. ri Attac/1rnents. 29 KB ·so if I understand you, your facilities radiate outward from the cul-de-sac and don't lie within tt1e easement that traverses in a somewhat North-South (parallel with Homestead 'Rd.) between the two lots? · Thanks. Rusty Jones, PLS, CFedS G/S Coordinator 6SGM 118 W S;xih S1, Suite 200 Glenwood Springs, CO 8160 l 970.384.9033 / 970.596.2659 cell ... ,.,,,,. IHlli From: Johnson, Michael (Aspen) fmailto:Michael Johnson@cable.comcast coml Sent: Monday, January 14, 2013 3:25 PM To: Rusty Jones Subject: RE: Aspen Glen Utility Relocation ! j R~sty, the only line I would have in the easement going down the driveway would be the services to the existing house I it would be easy to relocate ii they opened a new trBnch from the pedestal at the road unless they need !hat moved as we1L let me know if this works? Here is a shot of our plant in the clrde itself from: RustyJonesfmailto:RushrJ@sqm-inc.rnml sent: Monday, January 14, 2013 2:34 PM To: Johnson, Michael (Aspen) subject: Aspen Glen Utility Relocation Michael, ' " ' -''] ~ -i "® I have attached a pdf of the proposed changes for the lot at 14 Saddlehorn Ct. in Aspen Glen. ~ red cloud shows the lot line the client wishes to vacate along with the ··,easement, however there is at least a communication and gas line within the easement. The Aspen Glen Homeowners Association has tentatively approved the combining of the~~ lots into one and I believe Garfield County will approve once they are assured the utilities within the easement are not an issue. Ally suggestions on a general procedure for proceeding are appreciated. Thanks, Rusty Jones, PLS, CFedS GIS Goordmator 6SGM 118 W Sixth St, Svi!e 200 Glenwood Springs, CO 81601 970.384.9033 I 970.596.2659 cell I] ilii N\l virus found in this message. Checked by AVG. \Vww.avg.com Version:,2012.0.2221 /Virus Database: 2638/5532. Release Date: Ol/14/13 No virus found in this message. Checked by AVG. \vww.avv.com Version: 2012.0.2221 /Virus Database: 2638/5532. Release Date: 01/14/13 ---------------·---~---·--- From: "Atwater, Tim" <Timothy.Atwater@sourcegas.com>" Subject: RE: vacating easement, Aspen Glen Date: February 11, 2013 8:13:53 AM MST Bill, To: 11Westerman, Carla 11 <Car1a.Westerman@sourcegas.com> Cc: 11wcamp@myroaringfork.net" <Wcamp@myroaringfork.net> I have reviewed what you sent and from a right-of-way perspective there shouldn't be a problem with your proposal. What is your time line on getting the easement vacated, if you could please let me know. Thanks Tim Atwater Senior Agent, Land & Right-of-Way SourceGas Distribution LLC 600 12th Street, Suite 300 Golden, CO 80401 303-243-3578 (Office) 303-726-4497 (Cell) 303-243-3602 (Fax) E-Mail: tim.atwater@sourcegas.com From: Westerman, Garia Sent: Monday, February 11, 2013 7:33 AM To: Atwater, llm >cc: wcamp@myroaringfork.net Subject: FW: vacating easement, Aspen Glen Tim, have you had a chance to reply back to Mr. Campbell? J Thanks! cw From: William campbell [mailto:wcamp@myroaringfork.net] Sent: Wednesday, February 06, 2013 1:21 PM To: Westerman, Garia Subject: vacating easement, Aspen Glen , ' Hi Carla, I have emailed Mr Atwater but did not get a response. Are there other contacts that could help? Plello Mr. Atwater, I am working on a Lot Tie in Aspen Glen. The common lot line has a utility easement 7.5 feet wide.on either side. We wish to abandon the easement and at some future time relocate the utilities to a proposed addition. I have attached a schematic site plan for your review. Could you please confirm that vacating the easement and relocating the gas line and meter will not negatively effect service provided by SourceGas? If you need more information email or call me at 970-927-4425. Regards, 81089711/17/2011 02:57:55 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $65.75 eRecorded STATE DOCUMENTARY FEE ' <e:L.?S SPECIAL WARRANTY DEED US Bank National Association, as Trustee for the holders of BART 2005-6, having an address at clo Premier Asset Services, 8480 Stage Coach Circle, Frederick, Maryland 21701, ("Grantor'), for and in consideration of the sum of Six Hundred Fifty.Seven Thousand Five Hundred And No/100 Dollars ($657,500.00), and other good and valuable consideration in hand paid to Grantor herein by Gavin Wayne Britz, In severalty, having an address of 2408 Unltage Hill Drive, Durham, NC 27712, ('Grantee(s)") receipt of which Is hereby acknowledged and confessed; has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee(s) all of the fOllowlng real property ("Property'), described as follows: LotH28, Aspen Glen Filing No. 7, County of Garfield, State of Colorado which has a street address of: 14 Saddlehorn Court, Carbondale, CO 81623. THIS CONVEYANCE IS MADE BY THE GRANTOR SUBJECT TO THE FOLLOWING EXCEPTIONS: a. Discrepancies, conflict in boundary lines shortage in area and encroachments which would be dlsclosad through a correct and proper survey or physical inspection of the Property. b. Any and all covenants, conditions, easements, reservations, rights of way and restrictions affecting the Property as evidenced by instruments filed in the public records of the county wherein the Property is located. c. Any water rights, claims or tltle to wate'r.' in, on or under the land, Of ditches or ditch rights, water share, water stock, whether s~0wn by public record Of otherwise. j . . d. Any interest in oil, coal and other minerals or mineral rights, whether express or implied, associated with, or incld<intal to the ownership of the Property, or the exercise of rights under any oil, gas, coal or mineral reseJvation, grant or lease and all rights, privileges and easements with respect thereto, or assignments thereof, or interest therein, and; e. Real Property Taxes, general assessments and special assessments on the Property being conveyed hereby, becoming due and payable atter the date of this Dead. GRANTEE(S) by acceptance of the Deed acknowladge(s) that Grantor acquired tiUe to tile Property through foreclosure, deed In lieu of foreclosure or other means of enforcement of a lien In favor of the Grantor and/or assigns. Grantor while In title, has not been In actual physical possession of the Property, and therefore, the Property Is being sold to Grantee(s), and Grantee(s), by acceptance of this Deed accepts the Property "AS IS", "WHERE IS", without any recourse to Grantor, and with no representations or warranties of any kind or nature being made by Grantor as to the condition, fitness or status of the Property, except as to the special warranties of title as specifically set forth herein. 810897 11 /17 /2011 02:57:55 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $65.75 eRecorded EFFECTIVE AS OF THIS_,_~\_,..,,,._._ DAY OF 1\o,~ Mk v · '2011 TO HAVE AND TO HOLD the herein descrtbed Property, together with all In singular the rights appurtenances thereto belonging unto the said Grantee(s), Grantee(s)' heirs, legal representatives, successors and assigns forever. Grantor doas hereby bind ttseW and its successors and assigns to WARRANT( AND FOREVER DEFEND the Property dee<:ribed herein, unto the said Grantee(s) .and Grantee(s)' heirs, legal representatives, successors and assigns against every perscn whornsoaver . lawfully claiming the same or any part thereof, by, through or under Grentor, but not otheiwise. R: lonal Association, as Trustee for the holders of BART 2005-6 By~f.!1-~-------,=-=---===-~~ lllCffAEL C. SCHEfFERT Ai; ¥1Ct""*811.oll~ ot"'w""e""lls..,F=-a-rg-o'"'s"°'a-,nk,.., "'"'NAc:-.-=11=-s""A""tto_m_ey-..,-in-=F""a""'ct,...- STA TE OF ----t;;;;w/A COUNTYOF ::"Q.4-J,t,tK-3'- was acknowledged before me this 1~ day of by t)«<Hlfl C · ,7y{cffijq-as _____ .l(..;:.L.!. ________ of Wells Fargo Bank, NA. its Attorney In Fact for US Bank National Association, as Trustee for the holders of BART 2005-6 . . , Witness my hand and official seal. ~ NEJA 8CHUUZ t t~-762«17 My~1E>pli.e March 31, 2013 \ RECOROEO 3: Y2-O"CLOU f .M. Rt( • 470?1() NOV 06 l!JS 4 MlLDRi:C AL$00~F, GARFIELD CGUNT'ft'L'oiH f' NOV 0 6 l!l94 GARFIELD State Doc. Fee . WARRANTY DEED $ lf5o.oo THIS DEED made this 7th day of November, 1994, between ASPEN GLEN GOLF PARTNERS, a California Limited Partnership, doing business in the State of Colorado as ASPEN GLEN GOLF PARTNERS, LTD., Granter, and ASPEN GLEN GOLF COMPANY, a Colorado Limited Partnership, Grantee, whose legal address is c/o The Melrose Company, P.O. Box 21307, Hilton Head Island, SC 29926. WITNESSETH, that the Granter, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to the said Granter in hand paid by the said Grantee, the receipt and s•Jfficiency of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the following described real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: All of the real property described on Exhibit "A'', attached hereto, and by reference made a part hereof, together with a11 mineral rights apurtenant thereto not previously reseived or conveyed, and together with the easements as set forth on Exhibit "B", attached hereto, and by reference made a part hereof. also known by street and number as: (1) 9929 Highway 82, Carbondale, Colorado; (2) 3794 County Road 109, Carbondale, Colorado; and (3) 2550 County Road 109, Carbondale, Colorado TOGETHER with all and singular the ,~ereditaments and appurtenants thereunto belonging, or in anywise appertaining, and thii;reversion and reversions, remainder and remainders, rents, issues and profits thereof; }and all the estate, right, title, interest, claim and demand whatsoever of the Granter, eitber in law or equity, o~ in and to the above bargained premises, with the hereditaments and appurtenants . . TO HAVE AND TO HOLD the said premises abo'e bargained and described, with the appurtenants, unto the said Grantee, its successors alid assigns forever. And the Granter, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances of whatever kind or nature soever, EXCEPT taxes for tbe year 1994, due and payable in 1995, AND EXCEPT THE FOLLOWING: LAND TmE GUARANTEE COMPANY 817 COLORADO AVENUE, SUITE 102 GLENWOOD SPRINGS, CO 81601 t, lli~ol eoo~0921PACI662 1. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER SPECIAL DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 2. RIGHT OF A PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE THEREFROM. SHOULD THE SAME BE FOUND TO PENETRA TEOR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN TIIE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED MARCH 12. 1892 IN BOOK 12 AT PAGE 119. PATENT RECORDED APRIL 11, 1892 IN BOOK 12 AT PAGE 133. · PATENT RECORDED APRIL 16. 1892 IN BOOK 12 AT PAGE 135. PATENT RECORDED NOVEMBER 12, 1892 IN BOOK 12 AT PAGE 192. PATENT RECORDED OCTOBER 24, 1893 IN BOOK 12 AT PAGE 249. PATENT RECORDED NOVEMBER 1, 1893 IN BOOK 12 AT PAGE 250. PATENT RECORDED NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. PATENT RECORDED JULY 25, 1894 IN BOOK 12 AT PAGE 329. PATENT RECORDED JULY 2S. 1894 IN BOOK 12 AT PAGE 332. PATENT RECORDED JANUARY 19, 1895 IN BOOK 12 AT PAGE 351. PATENT RECORDED MAY 24, 1897 IN BOOK 12 AT PAGE 461. PATENT RECORDED JULY 25, 1910 IN BOOK 71 AT PAGE 426. PATENT RECORDED JUNE 24, 1893 IN BOOK 12 AT PAGE 235. 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCfED BY TIIE AUTHORITY OF THE UNITED STATES, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: 4. PATENT RECORDED OCTOBER 24, 1893 IN BOOK 12 AT PAGE 249. PATENT RECORDED NOVEMBER 1, 1893 IN BOOK 12 AT PAGE 250. PATENT RECORDED NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. PATENT RECORDED JULY 25, 1894 IN BOOK .12 AT PAGE 329. PATENT RECORDED JULY 25, 1894 IN BOOKi,12 AT PAGE 332. PATENT RECORDED JANUARY 19, 1895 IN BOOK 12 AT PAGE 351. PATENT RECORDED MAY 24, 1897 IN BOQK 12 AT PAGE 461. PATENT RECORDED JULY 25, 1910 IN BOOK 71 AT PAGE 426. PATENT RECORDED JULY 28, 1957 IN BOOK 265 AT PAGE 161. PATENT RECORDED MAY 4, 195CfIN BOOK 292 AT PAGE 508. PATENT RECORDED MARCH 11, 1957 IN BOOK 298 AT PAGE 150. PATENT RECORDED JUNE 24, 1893 IN BOOK 12 AT PAGE 236. EXCEPTING AND RESERVING. ALSO, TO THE UNITED STATES, PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT., 755) ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETIIER OR NOT OF COMMERCIAL VALUE, TOGETIIER WITH THE RIGHT OF THE UNITED STA TE THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE lAND AND PROSPECT·FOR, MINE AND REMOVE THE SAME. RESERVING TO TIIE UNITED STA TES, ITS' PERMITTEE OR LICENSEE. THE RIGHT TO ENTER UPON, OCCUPY AND USE. ANY PART OR ALL OF LOT 20 OF SAID SECTION 20, FOR TIIE PURPOSES PROVIDED IN THE ACT OF JUNE 10. 1920 (41 STAT., 1063) AND SUBJECT TO THE CONDITIONS AND LIMITATIONS OF SECTION 24 OF SAID ACT AS AMENDED BYTIIEACTOFAUGUST26, 1935 (49STAT .. 846), ALL AS RESERVED IN TIIE UNITED STATES PATENT RECORDED JULY 28, 1952 IN BOOK 265 AT PAGE 161. -2- 800K0921f'~Gl663. 5. PRIOR RESERVATIONS AND CONVEYANCES OF MINERALS, MINEMi-RIGHTS, OIL, GAS AND OTHER HYDROCARBONS. AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN, AS CONTAINED AND DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL. GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATIJRE AS RESERVED BY LEONIS P. CHUC IN WARRANTY DEED RECORDED DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160. B. . AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL. GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATIJRE AS RESERVED BY CAESAR J. CHUC IN WARRANTY DEED RECORDED SEPTI;:MBER i6, 1961 IN BOOK 336 AT PAGE 570. C. RESERVATIONOFASEVENPERCENTROYALTYFROMANDOUTOFALLOFTHEOIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BY LILLIAN I. CORYELL. PERRY C. CORYELL AND PERRY L CORYELL IN WARRANTY DEED RECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE 33. D. ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY WILLIAM WALTER GENTRY AND WILLIAM GENTRY IN DEED RECORDED MAY 8, 1950 IN BOOK 250 AT PAGE 271. E. AN UNDIVIDED 1/50 INTEREST OF ALL OILAND GAS AS RESERVED BY ELLA J. CHASE IN DEED RECORDED JUNE 12, 1951 IN BOOK 258 AT PAGE 594. F. AN UNDIVIDED ONE-HALF INTEREST OF ALL MINERALS AS RESERVED BY T.M. SANDERS IN DEED RECORDED OCTOBER 13, 1964 IN BOOK 361 AT PAGE 275. G. AN UNDIVIDED· 6 1/4 PERCENT ROY AL TY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AS CONVEYED TO T.M. SANDERS BY DEED RECORDED DECEMBER 17, 1964 IN BOOK 362 AT PAGE 445. . ' 6. TERMS AND CONDillONS AS CONTAINED IN TIIE RIGHT OF WAY FROM TIIE DENVER AND RIO GRANDE WESTERN RAILROAD REC<:}RDED AUGUST 19, 1982 IN BOOK 606 AT PAGE 706. 7. RIGHTS OF WAY AND EASEMElf'!'S FOR ROADS, STREETS, HIGHWAYS, RAILROADS, DITCHES. CANALS, PIPELINES AND UTILITY LINES AS CONTAINED IN AND AS DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. THE CRANE AND PEEBLES DITCH AS DESCRIBED IN st A TEMENT RECORDED MAY 2, 1889 IN BOOK 9 AT PAGE 483. B. THE PEEBLES WASTE WATER DITCH AS DESCRIBED IN MAP AND STATEMENT RECORDED JANUARY 17, 1896 AS RECEPTION NO. 19005. C. RIGHT OF WAY 25.00FEET IN WIDTH, BEING 1250FEETIN WIDTH ON EACH SIDE OF THE CENTER LINE OF THE GLENWOOD SPRINGS DITCH AS CONVEYED TO THE GLENWOOD IRRIGATION COMP ANY IN INSTRUMENT RECORDED JUNE 17, 1901 INBOOK44 ATPAGE457. D. PERMANENTEASEMENTSASGRANTEDTOTHESTATEDEPARTMENTOFHIGHWAYS, DIVISION OF H!GHWA YS, ST A TE OF COLORADO, IN INSTRUMENT RECORDED OCTOBER 2, 1968 IN BOOK 397 AT PAGE 104 AND RECORDED MAY 19, 1969 IN BOOK 402 AT PAGE 54. -3- .; <' \ eoo~0921r~ci 664 E. RIGHT OF WAY FOR THE CONTINUOUS, UNINTERRUPTED FLOW OF TIIE ROARING FORK RIVER. AS SAME TRAVERSES AND BORDERS SUBJECT PROPERTY. F. RIGHT OF WAY FOR TRANSMISSION LINE AS GRANTED TO J.F. SMITH IN INSTRUMENT RECORDED JANUARY 28, 1927 IN BOOK 155 AT PAGE 331. G. EASEMENTS AND RIGHTS OF WAY FOR TIIE CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE AND TELEGRAPH LINES AS GRANTED TO THE MOUNTAIN STATESTELEPHONEANDTELEGRAPHC0.1NINSTRUMENTSRECORDEDFEBRUARY2,1936 IN BOOK 183 AT PAGE. 2S4 AND RECORDED SEPTEMBER 1, 1972 !N BOOK 435 AT PAGE 10. H. EASEMENT AND RIGHT OF WAY FOR THE DENVER /\ND RIO GRANDE WESTERN RAILROAD AS CONSTRUCTED AND IN PI.ACE. J. RIGHT OF WAY AND EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION JN INSTRUMENT RECORDED JANUARY 30, 1981 IN BOOK 564 AT PAGE 650. J. COUNTY ROAD VIEWERS REPORTS FILED APRIL 24. 1889 IN ROAD RECORDS BOOK 1 AT PAGE 105 AND FlLED APRil. 7, 1890 IN ROAD RECORDS BOOK 1 AT PAGE 119. K. RIGHT OF WAY AS GRANTED TO ROCKY MOUNTAIN NA TIJRAL GAS IN INSTRUMENT RECORDED OCTOBER 19.1961 IN BOOK 337 AT PAGE 246. L. TERMS AND CONDIDONS OF LICENSE AGREEMENT BE'IWEEN MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AND ROCKY MOUNTAIN NATURAL GAS COMPANY RECORDED JULY 5, 1971 IN BOOK432 AT PAGE 536. M. EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE ALONG PRESENT ROADWAY AS GRANTED TO DA YID T. WHIDDON IN INSTRUMENT RECORDED SEPTEMBER 30, 1977 IN BOOK~! AT PAGE 263. ' - N. EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE PURPOSES AS GRANTED TO NEILS. MINCER IN INSTRUMENT RECORDED FEBRUARY 2, 1970 IN BOOK 407 AT PAGE403. 8. TERMS, CoNDmoNS, PROVISIONS. OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENT BETWEEN ASPEN GLEN GO[;f PARTNERS AND ROSS JEFFERY RECORDED JULY 5, 1994 IN BOOK 907 AT PAGE 801. 9. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY. COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MA TIERS, SET FOR1H AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST9, 1994 IN BOOK 911 AT PAGE 791. -4- • s ()\ ~ U\ m N 8 • Cl\ , 0 .() • (\'-£ ..... I ~ ' 0 "' " ' CERTIFICATION OF D£OICAT!ON #JO OWNERSHIP KNOW ALL MEN BY TH£$£ PR£SENTS that ASPEN GLEN (;()LF COMPANY, o Colorado l.kru16d Portm1rship, whcBB adthn is • Corbondofe , CO 8162J, being so/8 ownsr in fH simp!s of oH of that ~of pff,}perty dl!lscribtld hi!!~, said porcef containing 15. f62 ocnJS, more or less, situated in lhl!i County of Carfield, state of Coforodo. That said OWMr hus couud the soid real prop8rly to b8 foki out and surwµd as Aspen Gian, Rling No. 7 o subdi11161'o!i of o port of Gorfil!'lrt County, Colorado. Tnot soid Owner <kn• Mreby moke lhB following dedications of portions of tho soid reol proparly: f. All sfrffts, roods and Opan Spoao porct1/s os dBpk:led on 1118 accompanying plot ore h1Jf8by ~koted and set apart to fhl!: HomfOwnwS Associo/J'on at Asµn !;lsn, Inc., o Co/orudo nol-for- profit ~lion, for lhti use of tM memb<Jr.; and gu11sf'1 fh~f, SubjBCf fo: /. Thfl n""ght of oppropriole public utility companies, including th11 Roaring Fork Wat(lr ok Sonitatian District and those with whom the Dl$tdct hos contracts to provide wat/Jf or waste waler service, to utilfztJ said sff911/s and roads os ut!fity 1JOS1N111Jnts: i1: fh(I right of all emNg8ncy YtJhickls to mak8 use of such st~ts and roqds in all !90SOnGbk circumstoncfls; 2. Thau portions of the occomponymg plot which are lobaflld as !/fility flOSements and/or wofflr or .sflWN foci/fties 80Sements, atll hereby lhd!Colt1d and st1f oparl to the oppropri(Jte public u/llifitls including, without li"mitofun, the /?oaring Fork Wot,,, .t Sanitation District and thoss with whom the said Oistn"ct has contracts, os Pf1rpt1tuof «1ssments for the intJ/Q/fotkm and moil!/Mo~ of ulilit!n, irrigation and drokloge focili/iu, including, bu/ not ftmitsd lo, wott1r ond !leWN tinu, e/8ctric linMS, gos lin"8, ond teklphontl lines; together w11h tht1 right lo trim iillt1rfl1f/ng lrffs and brush; with perpofoot right of lngrus and egr"8s far int;lal/olion and maintenanctl of such h"nes. Such easement" and rights shoff be ul!fizsd in o fll<Jsonob/11 and prudent monflflr. Thot all expenu for tJ/reel pow"ng or improVWTltlflls shall btJ furnished by fht1 Self,, or Purchaser, not by the County of (Jarfillkl. IN WITNESS WH£REOF. sf(!! Owner hos cj;'~ his name to b8 lwl1uf!lo subscribed this ~ doy of ;$-f' er , A[). 199.1. STA.TE OF COLORAJJO COUNTY OF ~ie\d. Plot Noles: A) Aspen Cle{), Filing No. 7 is a port of Aspen Glen P. U.O. B) C) approved June 29, 1992 by lhfl Boord of Coon()' Commi"ss/onMS of GarfitJ/d County. The terms and comJ11iims oppllcoble to IM A.$pen Glen P. U. a affl set forth ill the resolution of the County CommissionMs r11Corded on June 29, 1992 as Reception No. Q6262 ln Book 835 of Pogt1 305 of the records of the Gorri.Id County C111rk and Re<:ord11r. The rflO/ pro/)flrly dt1picl,,d ond dtJSCribed on th• within Final Plot, Aspfln Glen, Filing No. 7. 1:S subfacl lo all term11 ond condl/;ons of (i) the UasltJI" Oec!orotian of Covmianls. Condi1ions and Restricti""s for hp/In Glen recordtJd in the ~rds of the Garfield County Cf/Irk and Recorthr on A.prt/ 6, 1995 as RtlQeption No. 476328; and (i0 the E/6rl(l{lfh Supplemental {)(IC/oration ta the lkstflf Oflcloration of Covenants, Conditkms and Restrictions far Aspen Glen rewrritld in tht1 records of ~Id County ClerX ond f?tJcordtJr ""rs ,5q 3.ptc.of...r 13 , 1999, 011 R11Cepti0n Na. 2_2._ 1 fh(I with1"n Final Plat const11ute6 a Supp/emf/Ital Plot as that ltJrm /11 defint1d In the !.1011t/Jf {)(IClarotion of Covenants, Conditions ond Ru/dr;fions for .46pen Glen. By wi1ut1 of the within final Plot ond th11 E!evt1nth Supp!amenlol OflC!oro/ion ta the l.losfflr Oeclaro/lon of Cowmonts, C<mdillons ond Re1triclions for Aspen GIE>, the fflQf properly d11picted and ducrihed on the w1lhln Final Plot is anllfl.lled to ond modtJ a port of llHI Aspen Glen Community """· 0) C11rta1"n building locations may bs subfecl lo g.oJeg!c and hydraulic hazards. All slrucfurrts sha/I ffH/W.,.,, fhfl subm/ttal of on engrn-nng ~ oddrossing SOilB and geology cond1llons, founthtian dflgjgn orW drainogt1 prwpored by o reg1:Steflld professional 1J119il!eer. All sit. dflYtJ/opmenl including building conslruc/i(){I, shall b8 conduclfld in accordance with enginllef's 11fipulo/ians. E) I} No opan Marth solid-tu~ buming flrep/acBS will b11 allowed anywhere w11hin A3ptm Gltm wllh the exception of four (4) fir~s in fh• clubhouse and firepklcu cun.nlly in pl~ in qx1$liilg rrtskh~s. 2) All dw11/ling unr?s will be of/owed on unrutnCttJd number of noturof gas burning firep!oc11s or app!loncH; and 3) All dw.lling unit11 will ba affawed no m()lfl than 01111 n11w wood buming stol'IJ 011 deHntJd by C.R.S 25-7-401, et StJq. ond the ftJtJUlolions promulgolsd lh11r11under. F) Only o~ dog 1$ allowtJd far eoch dw(l/fing unit. G) RiYer waters arrt subject to a RfV(lf R11cl'6<1tion r:md Boating Eos11mMt for th• benefit of the public. H) OtJod or dyihg cottonwood lrl1ell withth tM Open Spocll/Rtver Porks shall be pr6StJrvtJ<i far cavity n111ters and percluis us/Id by rop/ol3/«1gles. If such tre1s ~nt a hazard, the HomllDwnlf's Associotlon may rrtmove such lrHs ol 1ls discretion. PROPE!f1Y DESCRIPTION A frocl of lond situote in SflCfions 18 and fg, Township 7 South, Ron9t1 88 Wnt ond S«tion 13 , Township 7 South, Range 89 Wt1st of tht1 6/h Pn"ncipol Meridian being more porticulorly ducn'b8d os follows: Beginning of the most narlhWtlsttJrly corner of AspBn Glen, Fi/Ing No.6, County of Golfield, State of Colorado; lhlNICIJ o/Qng the easttJrly bcundory of Amt1n<kd Plot of Golf Ccurst1 Poree! No. 9, Asp11!1 Glen, Filing No. 1 the following counns: IV 37'55'56" W 251. 16 fHt; th11nce IV 25°J9'+1-" W 490.61 feet; thence IV 51'50'27" W 120.88 fet1t; thent;tJ N 25°12'01" W 588.65 feet; thl1flce IV 35'37'47" E 80.54 tut; thence S 79·01'23" £ 126.74 f-1; thence S 31V8V9" E 54.46 ffft; fhtmce S 70°23'51" E 215.SO ft111f; thence S 61°12'20" E 120.03 feef,· thenct1 S 56"4.J'Js" E 28.55 feet; thrmce IV 90'00'00" E 28.15 f6et; thence N 61°15'24" E 4.J.(U feet; thenr;(I S 58'00'.J7" E 101.71 f-t; thence S 60"54'.Ja" E 27.04 fut to a point on /he westerly boundary of Amend8d Plot of Golf Course Parcel No. 10. Aspen Glen, Filing No. 1; lhllflce along said W#lsterly bolmdary the fOl!owing courses: S 57'37',UJ" E 41. 11;1 fHI; fht1nce S 22'52'40" £ 833 . .U fHt; thdnct1 S 30·24·47• E 111.17 feel; thence along fhll north11rly boundary of Aspen (Jf(;n, filing No. 6 fh11 following coumu: S 52'45'37" W 189.51 feet; thence IV 35'57'26" W 40.47 feflf; thence S 52'02'5"" W IJ2.()5 fut; thenctJ S 89"26'28" W 131.11 feet la the point of beginning, sold parcel contains 15.162 aCl"flS man or fess. Sutwyor's C11rlifico/e: I, Kenneth R. WilllOfl, do hsreby cllrlify /hot I om a Prof11ssianol Land SUr.o'IJ)'l'r licenssd undtJI" lhfl loltf of the Sfat11 of Colorado, /hot this plot 1$ a lflltl, correct ond complelfl plat of Aspen Gkn, Filing No. 7 os Joki out, plotted, dtldicotsd ond shown h11rt10n, that such plot was rmuh by me from on accurate surwy of 60kl proptJrly by me, and under my wpflfYision and correctly shows th11 location ond dimensions of llHI boundary and eastJf"flents of sokJ subdivision os fh11 same a"' staked upon th8 ground in compfianoe with applicoble regulations governing th11 11ubdillislon of fond and furlh111" certify that this plot complitJs with CRS .JlJ-33.3-209. ""' Profos · Board of Coonty Commist1lon8fll' Certificot11: This Plot, appro~ by th11 f/oord of County Cammis11lon11l'!I of Gorfiekl County Colorado, th1$ ___ 2,J...:. ... :t __ thy of ;s:tt'mb'" ,A.O. 1999, for Hlii>g w11h the CltJrk and Recorder of GarrJSld C nty and for conv.yonce to the County of the public dtJdfcqffons shollfn hert1on; subject lo lh8 provision tho/ approvol in no WO)' obligotu Garfield County for th-, financing or t;Omlfruc/lng of impro1/1Jf1111!1fs on fonds, public highwqys, tH'Jsemenls lhdii:ofed to the public 11xcep/ 06 specif°ICO/fy agreed by thfl Board of County CommlsslentJnl and furlhllf that said op shall 1"n no wqy obligate Garfield County for the cons/ruction, ffl · or ma1"n of public hi"ghwoys. StY/..Jffl::SC'/r' CO/?flO., 1' .4/~'J'l'Jf 1:l'C 118 Jr. tlth StreBt, Suite £00 ASP.EH C.£.ffH Clenwood spnng.s; Coloradn 816'01 (.JOJ') 945-1004 (FAX) 945-5948 AspB?i, Colorado (303) 9£5-6727 FINAL PLAT ASPEN GLEN, FILING NO. 7 COUNTY OF GARFIELD, STATE OF COLORADO Clt1rk and Recordt1r's Certif"1eote: This plat was filtld for record In /he OffiCtJ of tht1 Clerk and Recoo1et: of earr~z;::.w Colorado, ol ~ o Clock e_u., this ~ thy of , f999, 1"n Boak --· ot Pogt1 __ , Rtlceptian No.~. :it!' p> ~1Yl.w~~ ~u.i1~o~· k""~liliL~-0•a~~t~------- ~ ~-A C/llff< .t Recorder By: 'OMJ.Ji ~{fil'"'',J,i'""--' 08puly County Survflyor's {A;rfificot11: Approvtld for Content ond Form a cofculolions or drafting. Pu~uant {ftltn$fld). A.ltam11y's Cerlificoffl: I, loltffflnce R. G!Hn, on oltomey ICIJnslld to practice low in th11 state of Colorodo, do h(lfllby ctJrtify thot thi's SubdM$ian is in subslanllol compllonct1 w11h the Garli11ld County SubdM"sion ~ulotions ond that oil dtldicotions to lhfl public os ducn""btld on this Fmol Plat ore fffltl ond c!«Jr of any li11ns, claims or encumbrances of fl1COfd, pro•ddtld, however, that the use of o!I of said property dedicoflld to thfl public i• subject to the lerms ond conditions of the Rt1solutkm of GarfiBld County recorded in Book 835 of Page 305 ond in Book 887 at PagtJ 824. . ,-j ay,~ -~ ,,__ l.OWr8nceR fi A.tlomey Dote· :S>a! · CJ o, ......fi5S_ Aspen Glt1n Mi"nerals Leonis P. Chuc and Neva M. Chur; 966J Highway 82 Carbondale, Co. 81623 1/4 interest rtiStJrved in Worronty Deed r11Corded 12/26/58 1"n Book 3/4 ot Pag11 150. Subsequently convtJyed by quit claim Deed recordfld 6/211/89 in Book 757 ot Page 540. [fleets: all of the NE1/4 NWl/4, Lots 4,5,6,7,10,11,19 ond 20; tho/ of Lois 8,9 and 1J ly1ilg easterly of the Roann;; Fork RiYer; ond Lots I ond 12, oil in section 20, Township 7 South, Range 88 West of the 61h Prine/po/ M<Pidlan. 1"e Eslote of Ceasor J. Chuc (Oeceosed) 1/4 interest resented in Warranty Deed record(l<f 9/26/61 in Boak 336 o/ Page 570. Efft1cls: Lots 12 and 16, Section 20; Lois 2 ond 3, S11ction 29; all 1"n Township 7 South, Range 88 Wes/ of the 6/h Princi"pal Meridian excflpl that parcel of land <k!K:ribed 1"n dssd recorded in Boak 255 of Poge 272. Ello J. Chose 1/50 interest in dfled recard11d 6/12/51 in 8ook 258 at Pag11 594. Effects: Tho/ portion of Lots 6 ond 7, Section 18, Township 7 south, Rong' 88 Wt1sf of the 6th Principal Meridian lying southerly and wesl11rly of /he Roonflg Fork Riv8r. William Wolter Gantry AIG4 William Gentry All reserved in deed recorded 5/IJ/50 in Boak 250 at Pog,,, 27!. Effects: Lots 2 and 5, Section 13. township 7 South, Range 88 West of /he 6th Pn"ncipa/ Meridian. Unif(ld Stales of America Ail uranium, thon"um or other mofflriaf ess.n/io/ to fhe production of fissionob/e moteriofs reserved in Potent 17!Corded in Book 285 ol PogtJ 161. Efft1ets: Nfl/4N1'11/4, and Lots 19 and 20, S11clian 20, township 7 South, Range 68 l'f(ls/ of /he 6th Principal Meridian. ""' "' Easement Sta/em(l{lf: /. Thtm1 silo/I b11 on eo11tm1t1nt for utilitin, drainagt1, im"gotion ond pedestdon occus for sid11wolks along th11 front lot lines of off 10111. Tht1se eoSemMf.s will be 11.5 fHI wkle on streets w11h 27 foot R-0-W width ond 15.5 ftJ(lt wide on stnnls with 29 foot R-0-W w11Jth. 2. E"'61"!J""CY vt1hicufor OCCtlSS is o/lowed lo ol/ intemof roods. 3. All 1"nt11mol roads con be us/Id os utility fl0Stm1tmls. -#-. Them shall be for utility. drainage, and irrigation purposes o T 5 foot wide 80StJmtml 7.5 fHI on flOCh side of ol/ std11 and reor fotlines. 5. All inttJf"flo! ond entry roods o,.., subjflCt ta o P"rmont1nt occes1t eoSIJfl'Ulnf for use ond ben11fit of the owner of th11 Asp"" Glen Club and th11 club's m11mbal'!I and emploµes. l./origOgHS." I) Club Rnoncial Gorp., a Nevodo Corpora/ion, Book 921 ol Pog(I 720, Reception No. 470715,· Jlfci'nt'ty Nap Scale: I" = 200(} /eet F/L/.!VC .!VO. ?' AS'P.4'N CI.KN f/U.NC NO. 7 Jab No. 93ai8 Drawn by: Dale: .l'IB N Please contact me if you have any questions or need clarification regarding the processing of your application and the public notice requirements. Sincerely, n~iJ----- Glenn Hartmann Senior Planner CC: Fred Jarman, Director of the Community Development Department Carey Gagnon, Assistant County Attorney I have enclosed an appropriate notice form for the Director's Decision consistent with the code section noted above. This document is provided to you as a courtesy. The Applicant must verify that all information in this document is correct. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Additional copies of the submittals (including a CD of the application) should be provided by the Applicant b~ March 15th. 2. Application referrals are sent out on March 151 with comments requested within 21 days. 3. Public Notice must be mailed by the Applicant 15 days prior to the date set for the Director's Decision (mailing no later than March 29th). The Applicant will provide the proof of mailing (including return receipts) prior to the Director's Decision. 4. Referral Comments are due back on April 5th at which time the Staff Report will be finalized. 5. On April 12, 2013, the Director or the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 6. The Board of County Commissioners will be provided notice of the Director's decision and has 10 days to review the application and request a public hearing. 7. If the "call up" and reconsideration time period expires without a request for a hearing, the Planner will proceed with verification of completion of any conditions of approval and required changes to the plat. 8. Once all conditions are met and the plat finalized it is prepared for submittal to the Board of County Commissioners for signature and recording. Please submit by March 15th, 2 additional paper copies and one CD copy of the application materials and any supplements/amendments. The CD needs to be organized with sections consistent with the hard copy of the Application. These copies are required for the Application referrals. PUBLIC NOTICE TAKE NOTICE that Gavin W. Britz has applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Review for an Amended Final Plat on a property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Lots H28, according to the Amended Plat recorded January 7, 2003 at Reception No. 618204 and Lot H29 according to the Plat thereof recorded September 23, 1999 at Reception No. 552596, with the Garfield County Clerk and Recorders Office, State of Colorado. Said Lots are located within Aspen Glen, Filing No. 7. Practical Description: 0014 Saddlehorn Ct. Carbondale, CO 81623. The property is located approximately 3 miles northwest of the Town of Carbondale (Assessor's Parcel Numbers 2395-134-06-028 and 2395-134-06-029). Description of Request: The Applicant is requesting an amended Final Plat for Lot H28 and H29 to combine said lots into a single 1.091 acre lot. The proposal includes vacation and/or relocation of utility, drainage, irrigation, and pedestrian easements located along the common lot line to be eliminated. Adjustments to the building setback/envelope for the combined portion of the lot will also be requested. The property is zoned Planned Unit Development (PUD) and is within the % Acre Residential Zone District of the Aspen Glen PUD. Vicinitv Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for an Amended Final Plat are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on April 12, 2013. Any comments to be considered must be received prior to that date. Building and Planning Department Garfield County VICINlrY_MAP' • I ' ~ ci ( £.,... and No'1M: , I \ '--- 0 ~"1.~ p,..,, 1111<1 Y.row,,.,.,. -:t:f'L tn ._ on a "-""' flt S Ofl'f)''f#" W on tM fllN HtwHn -Drlt. of~:..· flrf -entl lf'1/4 -of S#ffon 20. [:J"""""""'"'- SCHNf/ESER CORLJOH NEYER /HC. 118 IY. 8th Street, Suite 200 Clenwood Springs, Colorado 8160/ (970) 945-100.f (fi'O:) 9-IS-5.948 Aspen, Colorado (970) 925-f/727 Q ~ % ~ .. .,,, ~ ~ 0 ASP.£.# C£..EH ~' " u " " " " ' " "' ,,, " ,, '" "' ~ " " "' "' ,, "' "' "' rn ,,, "' "' "' "' "' "' "' = ' = m m cr• m cr• w cr = .,, -~- "'to_ ~ ~~~~ -,,...~ .. ~ ... ~ \ \ \ \ \ \ \ • \ +~· (;l :/:(; .~ :;,+ ,~ ~ """"" """ BY 41.18 .,~ 28.15 "" ,,, ,_oo n" 19.6$' " »" 45.78 '~ 5.llf ffl ~' ' J/.5'J 4-f.01 'rn M. N " 4!i.25 ~ 'f-9.74 66.91 9S24".16 " "00 ' " "~ J1'59 IO M '· " ' ~~ .J9'5/'f9 .,,, ,,,, .n ·' " •MOO l:J.J.91 !U.91 IU.9J tltTll:lli "~ » 24.2.J ~" 81U821 2/J.5()' Mm n• "" 15°H"J/J -i.75 » ' 12-lH ~" 8f'J4n m.ro JV.lJ <£00 »» J6'18 10 m.ro " "' #J.47 51'/.#'-'6 m.$ •.m "~ JV.9J J1'112J 24-75 11.47 2 .49 Mn !HiWl8 24.75 J2.8/J ' ».M " 400 17-(16 ·~ 12.0J 14'1510 " "' ~m 67.12 '™ 4$ " "~ ».~ M~W IJ.11 •9 IJ.Ol I '29 /J /OIJ. ,, '~ ~-()/'51 5 24.75 J/.11 ,,~ "· m,. ' .M " ,. " #11.!JQ 191.71 97.1' ' # 22'#J# -$ ;oo '-~ ;oo O<r/J II -'~" 5/. I '~m " "'· 19. 7 •. ' '. ' 02'12 "'· 119.'6 1111.29 IS'NJI .ro "' "' "' " 24.75 ,, 21.6J ·' "~ .ro w U.21 /Jf.JJ ' 17.J.5() 1.87 ' 4.87 ' ' '"~ ' " ' 141.07 11"5il"JI '" J9.119 '· IS-121!1 " ' 9.71 lfJ.IH 22'J8"21 ~ GRAPHIC SCALE ~-~ •• i i T i ( Df rm ) I IDcll. • llO ~ F/.l/HC HO. Job Ne>. !l.JQ28 7 Dmwn by: Dole: .1"4'6 H P{Jpr. by: KT ~-~ March 13, 2013 William Campbell 175 Big Hat Rd. Basalt, CO 81621-9778 Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 RE: Completeness Review Britz Aspen Glen Amended Plat Lots H-28 & H-29 (File FPAA-7488) Dear Bill: Thank you for the additional submittals regarding the Gavin Britz application for an amended Final Plat for Lots H-28 and H-29, Aspen Gleh, Filing No. 7. The Application proposes elimination of the common lot line and combining both lots into a new Lot HH28. The properties are known by Assessor Parcel Numbers 2395-134-06-028 and 2395-134-06-029. This letter is to inform you that as of this date, the application has been deemed Technically Complete and scheduled for a decision by the Director of the Community Development Department. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the ULUR or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Building and Planning Department will render a decision has been set for April 12, 2013. As a matter of process, public notice at least .15 days prior to the Director's Decision is required by written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property and within a 200 ft. and the mineral owners of record for the subject property. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Building and Planning Department prior to the Director's Decision. Details regarding the notice requirements are found in the ULUR at Table 4-102 and in Section 4-103(B). Please review the following notice requirements from Section 4-103 (B)(3). Notice. The notice shall include a Vicinity Map, the property's legal description, a short narrative describing the current zoning and proposed Land Use Change, the contact information for the Planning Department and the date that the Director will make a decision. I have enclosed an appropriate notice form for the Director's Decision consistent with the code section noted above. This document is provided to you as a courtesy. The Applicant must verify that all information in this document is correct. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Additional copies of the submittals (including a CD of the application) should be provided by the Applicant b~ March 15th. 2. Application referrals are sent out on March 15 with comments requested within 21 days. 3. Public Notice must be mailed by the Applicant 15 days prior to the date set for the Director's Decision (mailing no later than March 28th). The Applicant will provide the proof of mailing (including return receipts) prior to the Director's Decision. 4. Referral Comments are due back on April 5th at which time the Staff Report will be finalized. 5. On April 12, 2013, the Director or the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 6. The Board of County Commissioners will be provided notice of the Director's decision and has 10 days to review the application and request a public hearing. 7. If the "call up" and reconsideration time period expires without a request for a hearing, the Planner will proceed with verification of completion of any conditions of approval and required changes to the plat. 8. Once all conditions are met and the plat finalized it is prepared for submittal to the Board of County Commissioners for signature and recording. Please submit by March 15th, 2 additional paper copies and one CD copy of the application materials and any supplements/amendments. The CD needs to be organized with sections consistent with the hard copy of the Application. These copies are required for the Application referrals. Please contact me if you have any questions or need clarification regarding the processing of your application and the public notice requirements. Sincerely, /7/--iJ-- Glenn Hartmann Senior Planner CC: Fred Jarman, Director of the Community Development Department Carey Gagnon, Assistant County Attorney PUBLIC NOTICE TAKE NOTICE that Gavin W. Britz has applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Review for an Amended Final Plat on a property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Lots H28, according to the Amended Plat recorded January 7, 2003 at Reception No. 618204 and Lot H29 according to the Plat thereof recorded September 23, 1999 at Reception No. 552596, with the Garfield County Clerk and Recorders Office, State of Colorado. Said Lots are located within Aspen Glen, Filing No. 7. Practical Description: 0014 Saddlehorn Ct. Carbondale, CO 81623. The property is located approximately 3 miles northwest of the Town of Carbondale (Assessor's Parcel Numbers 2395-134-06-028 and 2395-134-06-029). Description of Request: The Applicant is requesting an amended Final Plat for Lot H28 and H29 to combine said lots into a single 1.091 acre lot. The proposal includes vacation and/or relocation of utility, drainage, irrigation, and pedestrian easements located along the common lot line to be eliminated. Adjustments to the building setback/envelope for the combined portion of the lot will also be requested. The property is zoned Planned Unit Development (PUD) and is within the Y, Acre Residential Zone District of the Aspen Glen PUD. Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for an Amended Final Plat are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on April 12, 2013. Any comments to be considered must be received prior to that date. Building and Planning Department Garfield County Glenn Hartmann From: Sent: To: Leslie Lamont [lezlamont@gmail.com] Thursday, December 20, 2012 12:31 PM Glenn Hartmann Cc: 'william campbell' Subject: Attachments: RE: Aspen Glen Britz Plat Amendment Garco ltr H28 H29.pdf Glenn, please find attached the DRC's recommendation. I have stamped a copy of the draft plat for Mr. Campbell's use in his submittal and have provided him a copy of this letter. Glenn, please let me know if you have any questions. Happy Holiday. Lez Lamont 970-963-8434 From: Glenn Hartmann [mailto:ghartmann@garfield-county.com] Sent: Monday, December 17, 2012 4:28 PM To: Leslie Lamont Subject: RE: Aspen Glen Britz Plat Amendment Hi Leslie: Thanks for your email update last week. Yes, you can send me the letter and I will add it to our pre-application file for the Plat Amendment. I anticipate that the Applicant would want to include the letter when they formally submit an application. Having your DRC recommendation should help the process move forward. Thanks for keeping us up to date on your review. Sincerely, Glenn Hartmann Garfield County Building and Planning From: Leslie Lamont [mailto:lezlamont@gmail.com] Sent: Friday, December 14, 2012 10:06 AM To: Glenn Hartmann Subject: Aspen Glen Britz Plat Amendment Good morning Glenn. Happy Holidays to you. A couple of months ago I gave you a call about a possible lot merger and the implication of merging the building envelopes; the architect is William Campbell, the property owner is Dr. Britz and the lots are H-28 & H-29. The DRC has reviewed the proposal, suggested some adjustment to the building envelop, and did not support the proposed adjustment of one side of the building envelop from a 20 ft. setback to a 10 ft. setback. I now have a revised draft plat and ready to sign off on that plat. I plan to send to you a letter of recommendation from the DRC. The purpose of this email is to give you that heads up and confirm that you are the correct staff to send this letter for Garco. consideration. Thank you Lez Leslie J. Lamont Lamont Planning Services, LLC Aspen Glen Design Review 1 725 Melissa Lane Carbondale CO 81623 Phone: 970-963-8434 Fax: 970-963-0944 lezlamont@gmail.com 2 Homeowners Association at Aspen Glen, Inc. Design Review Committee December 20, 2012 Mr. Glenn Hartman Garfield ColUlty Building and Planning Department 108 8m Street, Suite 20 l Glenwood Springs, CO 81601 via email Re: Lot Tie & Building Envelope Adjustment Lot H-28 & H-29/0014 Saddlehom Court & 0004 Saddlehom Court Dear Glenn, TIJis letter is to confirm that the Aspen Glen Design Review Committee has reviewed the proposed plat amendment to combine Lots H-28 & H-29 (0014 Saddlehom Court & 0004 Saddlehom Court) into one lot. The plat amendment also merges the two building envelopes. The DRC approved the lot tie and recommends approval to the Garfield County Board of County Conunissioners with the following conditions: 1. The platted building envelope for Lot H-29 is reduced at the north end of the lot equal to the amount of building envelope that is gained by joining the two lots and their building envelopes. 2. The DRC did not approve the building envelope adjustment proposed for the south side of the building envelope of Lot H-29 because it would allow future development too close to the adjacent property. TIJis envelope adjustment was proposed to align the building envelopes of both lots because the envelope on H-28 was adjusted from a 20 foot setback to a I 0 foot setback. Also, the Aspen Glen Design Guidelines Section 5.4 Wall Configuration and Design requires a jog in the wall plane of an exterior wall when the running length of the wall exceeds 20 feet. The jog in the building envelope will facilitate the required pop out per of the Guidelines. 3. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 4. The DRC has only approved the lot tie/plat amendment. Any further improvements to property shall be submitted for DRC review and approval. 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email:llamont@sopris.ne/ 1 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 to the Garfield.County BOCC approval of the proposed plat amendment as proposed on the Amended Plat of Lots H-28 & H-29, Aspen Glen, Filing No. 7 Garfield County Colorado dated November 29, 2012,job nwnber 2012.395.001. 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, £-m/l-~JL ~rVV'51& Leslie Lamont, Administrator Aspen Glen Design Review Committee Cc: Dr. Gavin Britz Mr. William Campbell 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email:l/amont@J,sopris.net 2