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HomeMy WebLinkAbout1.0 Application(iarfield l'ou11ty Community Development Department 108 8"' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 WWW J:.<\r:fl~h1_<;()!!® f,Qfll TYPE OF SUBDtVlSION/EXEMPTION 0 Minor S-ubd1v1sion Major Subdivis.ion 0 ')lc('trh O Pr1•limin.Hy 0 I ln.11 Conurvati<ln Subdivis.ion 0 Yi<-ld D Skt"lch D Pr~lim1n.1rv 0 ftn.ll 0 nme Extension \]\rt..\ ( DIVISIONS OF LAND APPLICATION FORM 0 Prel1m1nary ~Ian Amendment ~ Fina l Plat Amendment 0 Common lnterP.~t Cetmmun1tv Subdrvi~l()fl D Public/County Road Split Exemption D ftur;,11.lnd DP.~·P.l<lpmf'nt h:emptlon ____ ·------State:. ( (.:. '\ w"\'f,,,. ct M Zip Code: .C \.\.c'2.,5 __ Zone District: RECEIVED FEB 2 2 2018 GARFIELD COU NTY COMMUNITY DEVELOP MENT Proposed Development Area Land Use Type Single Family Duplex Multi-Family CommerclJ1I Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements fl of lots It of Units Acreage Parking 0 The ApJJ1icant requesting a Waiv~r of Submission Rcquirl'mcnt'.-pt•r S<.-<:tion 4 202 ti~t Section : S•:<:tion Section ;------ Waiver of Standards ~ Th4> Ap p hc .il~s r~u sti n-:: Waiver of Standards ~er Section ·1-118. List : Section: ~ 2.o3 1 ~ Section:-------------- St!ction : Sectton : -------------- I haw read the ~l.ltcmcnts <above ;md have !)<ovkled the required attached information which is correct and acc1.1ratc to the best of my lc,n~edge. -) ( \./ 1 / / ' (. A .. ·.~ :/:;vl. ,, I ) fan<lt' c of Property Owner / / Date OFFICIAL USE ONLY Fl"e P<lid: s,_......._\o _o _. o_o ___ _ Community Development Department 108 sth Street, Suite 401' Glenwood Springs, CO 81601 (970) 945-8212 www.ga 1·ficld-county .com TAX PARCEL NUMBER: 2187-361-00-153 2187-361-00-001 DATE: 1/16/18 PROJECT: Amended Plat High Aspen Ranch Exemption Parcel C and Parcel 1, Homestead Ranch Estates as shown on said Plat OWNER: Page Spracher REPRESENTATIVE: Erica Golden, Architect PRACTICAL LOCATION: 341 Homestead Road, Glenwood Springs, in Section 36, T6S, R88W TYPE OF APPLICATION: Amended Final Plat ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION Through meetings with Planning Staff the need to amend the High Aspen Ranch Exemption plat has been identified in order to further document the boundary line adjustment that was filed of record increasing Parcel C from 4.019 acres to 7.677 acres. No other changes are being proposed and no further adjustments to the affected property lines are being requested. The need for the plat amendment has been reviewed by the County Attorney's Office and is consistent with policies and necessitated as the original subdivision exemption was approved by the County (Resolution No. 2001-31) a plat signed by the Board of County Commissioners and recorded with the Garfield County Clerk and Recorder at Reception No. 578833. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: » Section 5-305 -Amended Final Plat Review » Table 5-103 Common Review Procedures and Required Notice » Table 5-401 Submittal Requirements ~ Section 5-402 Description of Submittal Requirements including requirements for a Final Plat ~ Section 4-103 Administrative Review and Section 4-101 Common Review Procedures ~ Article 7, Divisions 1, 2, 3, and 4 as applicable Ill. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: }l;> General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form. }l;> A narrative describing the request and related information. ~ Proof of Ownership (title work or copy of a deed) and information on any lien holders. ~ If the property is owned by an LLC or Trust a signed and recorded Statement of Authority is needed. ~ Names and mailing addresses of property owners within 200 ft. of the subject property. Mapping showing the ownership is recommended. ~ Mineral rights ownership for the subject property including mailing address and how the research was completed. ~ If owner intends to have a representative complete the Application and processing then an authorization letter is needed. ~ Copy of the Preapplication Summary needs to be submitted with the Application. }l;> The Proposed Plat showing the original and proposed lot lines. All easements should be shown and all required certificates (signature blocks) shall be included on the plat. » The plat notes need to include a statement of purpose for the amended plat and a statement that all previous plat notes shall remain in effect. » If the lots are vacant no improvement location information is required. If there are improvements on the property, improvement location survey information shall be required or a statement to confirm that the revisions to the lot lines will not result in a conforming conditions including setbacks. }l;> A Vic inity Map for use in the required public notice is needed. The vicinity map shou ld include that area w it hin approximately 3 miles of the proposal and be on an 8%" x 11 ". }l;> The Application should include a waiver request from submittal of an Improvements Agreement. Reference to the waiver criteria in Section 4-118 should be included. ~ A copy of any covenants on the property. ~ The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, will not affect utility services, and any other applicable Subdivision and Article 7 topics. ~ Copy of the Boundary Line Adjustment Affidavit and mapping from 2001. IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: );;> Pre-application meeting. );;> Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic copy needs to use a PDF format. );;> Completeness Review. );;> Additional submittals if needed. );;> Referrals . );;> Setting a date for the Director's Decision. );;> Public Notice 15 days prior to the Director's Decision to property owners within 200 ft. and mineral rights owners on the subject property. );;> Director's Decision including any conditions . );;> 10 day Call-up Period. );;> Finalizing the Plat and satisfaction of any conditions. );;> Circulation for ApplicanUOwner and other signatures. '"" The final steps in the process are Board of County Commissioners execution of the plat as a consent agenda item and recording the amended plat. Public Hearing(s): Referral Agencies : ..X...No Public Hearing, Directors Decision (with notice per code) _ Pla nn ing Commission __ Board of Cou nty Commissioners _ Board of Adjustment May include but is not limited to : Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department. V. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees : Total Deposit: $100 $na $100 (additional hours are billed at hourly rate of $40.50) VI. GENERAL APPLICATION PROCESSING 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. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: Glenn Hartmann, Principal Planner Date Deanna Spracher 2607 Woodberry Or. Glenwood Springs, CO 81601 212112018 I, Deanna Spracher and Ryan Beringer. authorize Erica Golden to be the representative for this application and the person authorized to sign if necessary. Deanna Sprayher ' ii ·. /· .,· , "' . / / / I Ryan Beririg er i f ) t I n .. ft · / Garfield ('ounty PAYMENT AGREEMENT FORM l . ~IlC::.:U~Ll...-...J,..:~_!.;~,....lL:l...U...L!...L-~"'-.t:ru~L...:i~:zQ;~~~··~t_\\ I"\ • • (' ,-<..-, < \ ' -.~ (~--' L • • \_,., 1 ~... ~· ~ (~.'"'\.. ·-) 2 . Th e Applica t u o (l ·r ;lJ id; and agrees r h :~t Ci ;\rfidd County Resolution No. 2014-60, as amended, e!;t ilhli~h(."'> <1 fee schedule for ~.1r h tvpc application, and th(~ ~uidclines for the i>dministratioo of the fee structure. J. The Applicant .and th(' County agree tl\at beuu~e of the size, nature or S(:Op(.' of the proposed proje-ct, It i~ not vo;;ibl\! at this timf' to ::1scert<1in the tutl extent of the costs i nvol~·ed in proce.~~lnP. the application. The Ai)pliwnt ci~ree; to make p:tyment of the Base Fee. established for the Project. arnj to them.1ftN pt:rmit additional c.o!it.~ to~ billed to the Applicant. The Appli<:o.lnt <1erc~ to make .ldd1tiOniJI Duvments upon notlfic,,tion by the County, when tht"V .)rt• necessary, as co~ts Mf' iM;urrcd. 4. Tht' Bas e Fee shall~ in <>ddition to and exdusi"C of 1.my cost for public;mon or <:~t of consulting servic~ det('rmincd necessary by the H-O<ird of County Commissioocr~ fo1 the comideration of an appl~r:ation or additional County :..t<Jff time or expen~ not wvr:r1..·d bv the Base Fee . If actu;~I recorded costs el<c.eed th(' initial Base Fee. the Applic.)nt >hull pay additional billing~ to the Cuunty to reimbur~P the County for the proce!'.s1nR of lhc Proje<:t. The Applicant ilcknowf£"dP,l'> th<1t all billing shall be lh•iti prior to the final con-.idcr<ition by the County of .)ny l.mld Use Change or Divi<.ion of Land. I hen!by agree to pay all fees related to this application: B1ll1ng Contact Pcr:>on :_,,_1 ,......._......_._ Billing Contact /\ddr()s~: Z-..;Uw..""( _ _,__ _ _,., .......... -..,- City : liU_{\t<\ -QC c.-,\-(_ \ ..,_ ___ St.1tr•:. (_[;_Zip Code : _ . .._Y'_~ '1.-"""D \ _ nilling Contact Ema i l.£ S •~._~"-\-"-( _\_.__~--- Pr i e d r ame of P N ~n11 Al• liorin:d t o Si gn . two seven ink architecture Amended Plat Application su bject: F ebrua ry 2 2, 20 18 Amended Plat High Aspen Ranch Exemption Parcel C & Parcel 1, Homestead Ranch Estates Narrative Describing Request The County Attorney requested that an amended plat be prepared to record a boundary line adjustment that was completed in 2002. Please see copies of the plat to be amended and the boundary line adjustment as well as other requ i red materials included in this application. Please let us know if any additional information is needed. Thdnk you, Er i ca S. Golden, AIA Th i s letter was prepared for Deanna Spracher & Ryan Beringer by their architect, Erica S. Golden Please contact Erica per the contact information listed below with any questions about this application. Erica S. Golden, AIA two seven ink architecture PO Box1764 Carbondale, CO 81623 Ph : 970-445.7193 eg@twosev enl n k.c om two seve n ink po box 1764 carbondale, co 81623 1111 W)~-''~'~M~r~1'.l~'~""'1"1~l~i~~t~l(~liYi 11111 Reception«: 903956 03/06/2018 02:34 :04 PM Jean Alberico 1 of 3 Rec Fee :$23 .00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED -r .. , THIS DEED, made this I 2,,... day of February, 2018, between W. Page Spracher of the County of Oatfield, State of Colorado, Granters, and Deanna Spracher and Ryan Beringer, as Joint Tenants, whose legal address is 2607 Woodberry Drive, Glenwood Springs, Colorado of the County of Garfield, State of Colorado, Grantees. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged has grante~, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantees, their successors, heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield , State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference. County of Garfield, State of Colorado, with a street address of: 0341 Homestead Road, Glenwood Springs, Colorado 81601. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claims and demands whatsoever of the Granters, either in law. or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the same premises above bargained and described with the appurtenances, unto the Grantees, their successors, heirs and assigns forever. The Grantors for himself, his 11eirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable _possession of the Grantees, their successors, heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by~ through or under the Granter, and further subject to: taxes not yet due and payable for the year of closing; any tax, special assessment, charge or lien imposed for water or sewer service, or for any other special taxing district; and all other easements, rights-of-way and encumbrances of record. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. W .Page ~~rach,er"" /I .~ . - 1 Ill! WJ~ .. uti~r..\Ml~ rHtl' ~v..~ ,'AC»'l1Mfl~~~~~ ,iWi 11111 Reeeptlon#: 903956 03/06/2018 02 :34:04 PM Jean Alberloo 2 or 3 Rec Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) I 7Jlt The foregoing Special Warranty Deed s acknowledged and signed before me this~ day of February, 2018, by W. Page Spracher WITNESS my hand and official seal. My commissione -x~p;.;;ir1.1e-.s . ..,· ------., RICHARD Y. NEILEY JF NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054035919 ~ CommiUion Expires September l 4, 202 1 otary Public 2 1111 WJ~ .. "-'~'tl M'Llr'1i r~~~~,,~, Mi~N II( ~,ii.Yi 11111 Reception#: 903956 03/06/2018 02:34 :04 PM Jean Alberico 3 or 3 Reo Fee:$23 .00 Doc Fee :0 .00 GARFJELD COU~TY CO Exhibit A A PARC EL OF LAND SITUATED IN THE SE14NE14 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 8€3 WEST OF THE SIXTH PRINCIPAL MERIDJAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FO LLOWS : · COMMENCING AT THE'. E1/4 CORNER OF .SECTION 36 A STONE IN PLACE, THE POIN-T OF BEGINNING; TI-IENCE N 89'40'21" W ALONG THE SOUTH LINE OF SAID SE1/4NE1/4 A DISTANCE OF 509.21 FEET TO A POINT ON TliE CENTERLINE OF A 60.00 FOOT ACCESS. EASEMENT; THENCE LEAVING SAID SOUTii LINE AND ALONG THE CENTERLINE OF SAID 60.00 FOOT ACCESS EASEMENT THE FOLLOWING EIGHT (8) COURSES; 1. N 04"56'47" W 90.01 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 235.70 FEET AND A CENTRAL ANGLE OF 29'38 155 11 , A DISTANCE OF 121.97 FEET (CHORD BEARS N 09'52'41" E 120.61 FEET) 3. N 24'42'0!:3'' E 64.00 FEET . .. 4. ALONG THE ARC OF A CURVE TO THE LEFT . HAVING ·.A RADIUS OF 887 .36 FEET AND A CENTRAL ANGLE OF 07'03'36", A DISTANCE OF 109,35 FEET (CHORD BEAR S N 21'10'19" E 109.28 FEET) . . 5. N l 7'38' 30" E 99 .83 FEET 6. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 846.25 FEET AND : A CENTRAL ANGLE OF 18'33'58'', A DISTANCE OF 274.22 FEET (CHORD BEARS . N 26'55129 11 E 273.02 FEE'T) 7. N .36'12'27" E 47.89 FEET 8. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF H\6.19 FEET AND A CENTRAL ANGLE OF 27'44'5511 1 A DISTANCE OF 90.17 FEET (CHORD BEARS N 22'20'00" E 89.29 FEJ::T); THENCE LEAVING SAID 'CENTERLIN!!: S 81".32'28" E 30.00 FEET TO A POINT ON THE EAS TrnLY RIGHT-OF-WAY OF SAID EASEMENT; THENCE S 89"46'20" E A DISTANCE OF 187.59 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 36; THENCE S 00'13'49" W ALONG SAID SECT ION LINE A DISTANCE OF 826.10 FEET TO THE POINT OF BEGINN ING; SAID PARCEL CONTAINING 7.677 ACRES, MORE OR 'LESS. . SPECIAL WARRANTY DEED THIS DEED, made this / zi''?day of February, 2018~ between W. Page Spracher of the County of Garfield, State of Colorado, Grantors, and Deanna Spracher and Ryan Beringer, as Joint Tenants, whose legal address is 2607 Woodberry Drive, Glenwood Springs, Colorado of the County of Garfield, State of Colorado, Grantees. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged has granteq, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantees, their successors, heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference. County of Garfield, State of Colorado, with a street address of: 0341 Homestead Road, Glenwood Springs, Colorado 81601. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claims and demands whatsoever of the Grantors, either in law. or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the same premises above bargained and described with the appurtenances, unto the Grantees, their successors, heirs and assigns forever. The Grantors for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantees, their successors, heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, and further subject to: taxes not yet due and payable for the year of closing; any tax, special assessment, charge or lien imposed for water or sewer service, or for any other special taxing district; and all other easements, rights-of-way and encumbrances of record. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. W. Page $15rach pr / 1 I IHlll'lllll 1111111111111111111111111111111111111111111 ee101s 0e11112e01 11104A 81253 P~80 n ALSDOAF 1 ot 7 ~ 0.00 b 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse in Glenwood Springs on Monday, the 13th of November, 2000, there were present: --"J""ohn"". ~M""art=in......_ ____________ , Commissioner Chairman -~L~am=--~M~cC=·=ow......,_n __________ _,. Commissioner -~W ........ al""t =S~to~w~e"--------------·· Commissioner --=D"--'o,__.n.._,OeF=-· -=--o=r~d ____________ , County Attorney _.&.:Mi~·...,_ld.._red""'-'AJ=-=sd=o=r(.,_ _________ _., Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to-wit: RESOLUTION NO . 2001-31 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDMSION REGULATIONS FOR W . PAGE SPRACHER (IIlGH ASPEN RANCH). LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A" WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an appli cation from W . Page Spracher concerned with a Subdivision Exemption to allow a total of two (2) lots being approximately 4 .019 and 69.821 acres in si ze ; WHEREAS , the Bo ard held a public meeting on the 13u. day of November, 2000 upon whether the above-described Subdivision Exemption s hould be granted or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Exemp1ion; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact : A. That pro per posting and public notice was provided as required by law for the hearing before the Board of County Conunissioners. B . That the hearing befo re the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested panies were heard at the hearing . 111111111111111111 llllll 1111111111111111111111111111111 !81076 05/17/2001 11104A 81293 P481 " ALSOORF 2 or 7 R 0.00 D 0.00 GARFIELD COUNTY CO C. That for the above stated and other reasons, the proposed Subdivision Exemption is in the best interest of the health, safety, morals, convenience order prosperity ond welfare of the citizens of Garfield County. D. That the application is in confonnance with the Garfield County Subdivision Regulations of 1984, as amended. NOW THEREFORE, B E IT RESOLVED by the Board of Counly Commissioners of Garfield County, Colorado, that the High Aspen Ranch Subdivision Exemption be and hereby is approved, upon the following specific conditions: A. Thal all representations of the applicant, either within the application or stated at the meeting before the Board of County shall be considered conditions of approval. B. An Exempt.ion "Plat shall be submitted. indicating the legal description of the property, dimension and at ea of the proposed lots, ;>.,~ foot wide access to a public right-of-way for each lot and any proposed easements for setbacks, drainage irrigation access or utilities . C. The applicant shall have 120 days to present the plat to the Commi&sioncrs ·for signatw"e. from l11e d.ite of appro,•al of the Exemption . The Boud may grant extensions of up to one (1) year from the original date of approval, provided the applicant subntit,s a request for extension prior to the approval expiration date. D. The applicant shall submit $200.00 per lot, in School Site Acquisition Fees for the creation of all exempted parcels. I:!. The following plat notes shall be included: I. "Control of nollious weeds is the responsibility or tlte property-owner." 2. "One (I) dog will be allowed for each residential unit within a subdivision and I.he dog shall be required to be confined withfo the owner's property boundaries ." 3. "No open hearth solid·fuel fireplaces will be allowed anywhere in the within an exemption . One (I ) new solid fuel burning stove as defined by C.R.S 25-7-401, et . seq., and the regulations promulgated thereunder, wilJ be allowed in any dwelling wlit. All dwclllng units will he allowed an unrc.stricted number of nanual gas bllmi.ng staves ad appliances."· 4. "All exterior lighting be the minimum amou.nt necessary and that all cxteriol" lightlng be directed inward, toward the interior of 1he subdivision, except that provision may be made to allow for safety lighting that goes beyond the prcpeny boundaries." 5. Garfield Cowity bas a RlghMo·Farm-and Ranch r(igulation, which recognizes lhe important conuibution agriculture malces to this County . Nuisance complaints made against customary a.nd legal agriC\lllur:il operations will not be pursued ." 6. "Specific geological hvMds may be i:ncownercd during the placement of structures and septic systems. Site specific analysis for placement may be required." F. The applicant shall receive any necessary driveway pcnnil~. for each lot created , from the Road and Bridge Department, prior to the signing of an exemption plat. G, Th.c ap)>Heanl shall demonstrate that an adequate supply of wat.cc in both quantity and qwility exists for 1.hc lots to be created . Cri!cria rordemonstraling the qual ity, quantJty and dependability of each well : I. II. A well be drilled and a four hour pump test be perfom1cd ; The npplic itnl supply to the Plan .rung Department the well com·ptetion report demonstrati11g tl1c depth or lhe well, tile chamctcristics of the aquifer and the static water level; Ill. The results of the four hour pump ccsr indicating the pumping rate in gallons per minute and information showing down draw and recharge shall be submitted to the Planning Department; I llllll lllll llllll llllll 1111111111111111111111111111111 581076 0!/17/2001 11104A 81253 ,482 " ~LSDORF 3 of 7 R 0 .00 D 0.00 GARFIELD COUNTY CO Dated this 1 4th ATTEST: JV. A wriuen opinion nfthe person conducting l11e well test that this well should be ndcqtt11e In rupply watw-lo 1hc number of proposed lots and be 611bmitted 10 1he Planning Department; V. An assumption ofnn average or no less than 3.5 people per dwelling unit, using JOO gallons or warer per person, per day; VJ. The; w111er quality be IC$ted by an approved laboratory and mtt.I State gnldelines concerning bacleria, nitra1es and suspend ed &olids . dayof MAY , 2001 A.D . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO COMMISSIONER l.ARRY r. MCCOWN ST ATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners, In and for the County and State aforesaid, do hereby certify that the armexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garficlcl County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 2001 County Clerk and ex-officio Clerk of the Board of County Commissioners N0.096 P.8/9 E:XHIBIT S-2 PROPERTY DBSCRJ:P'l'ICN A PARCEL OF LAND BEING THE El/2NEl/4 1 LOT 3 ANO LOT 10 OF SECTION 26, ALL OP SECTION 25 EXCEPT THE NEl/4NEl/4 AND LOT l, THE NE1/4Nli:l/4 AND A PORTION OF THE SEl/4NEl/4 OP SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WE~T OF THE SIXTH PRINCIPAL MERIDIAN AND LOT l, 3, 4, 5, 6 AND THE SE1/4NW1/4 OF SECTION 30 AND LO'l' l, LOT 7 AND A PORTION OF LOT 2 AND THE SEl/4NWl/4 OF SECTION 31, TOWNSHIP G SOUTH, RANGE 87 WES'I' OF 'l'HE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTIC!JLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, A 1924 GLO BRASS CAP IN PLACE, THE POINT OP BEGINNING; THENCE N 99a5:a '41 11 W ALONG THE SOUTHERLY LINE OF SAID SECTION 26 1321,lB FEET TO THE EAS'I' l/l!§TH CORNER OF SAID SECTION 26; THENCE N 00°00'04" W ALONG THE WESTERLY-LINE OF THE ~1/2SEl/4 or SAID SECTION 25 2639.08 FEET TO THE ;E:J\ST-CENTER l/loTH CORNER OF SAID SECTION 26; THENCE N 00°01'24 11 W ALONG THE WESTERLY LINE OF THE 2l/2NEl/4 OF SAID SECTION 26 .2640.53 FEET TO THE EAST l/6TH CORNER OF SECTION 23 AND S~CTION 26; THENCE N 59c53i39n E ALONG THE NORTHERLY LINE OF SAID SECTION 26 13J.3. 00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 89°59'·44'1 :E ALONG THE NORTHERLY LINE OF SAID 8Ji:C'l'ION 25 2649.61 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO :SRASS CAP IN :PLACE I THENCE CONTINUING ALONG SAID NORTHERLY LINE S a9a59 1 22n E 1319.65 FEET TO THE EAST l/l5TH CORNER OF SECTIO~ 24 AND SECTION'.25; 'l'mi:NClil S 00°04'46" E ALONG THB EASTERLY LINE OF THE NW1/4NE1/4 OF SAID SECTION ~5 1322.95 FEET TO THE NORTHEAST l/l6TH CORNER OF SA.ID SECTION 25; ~CE S 99a55•33n B ALONG THE NORTHERLY LINE OF THE SE1/4NE:l/4 OF SAID SECTION 25 1319.07 FEET TOT~ NORTH 1/16TH CORNER. OP SECTION 25 AND SECTION JO; THENCE N 89°59'19" E ALONG THE NORTHERLY LINE OF THE Sl/2NW1/4 OF SAID SECTION 30 2673.99 FEET TO THE NORTH-CENTER l/16TH CORNER OF SAID SECTION 30; THENCE: S ooaa7 '00" E ALONG THE NORTH-SOUTH CENl'ERLINE OF SAID SECTION 30 1325,64 FEE'I' TO THE CENTER OF SECTION 30; THENCE CONTINUING ALONG SAID NORTH-SOOTH CENTERLINE S 0 0 ° 0 7 ' 0 0 " E: 2616 . 2 2 FEET TO THE SOUTH QUARTER CORNER OF SAIO SECTION 30, A STONE IN PLACE; THENCE S 00°22 '10 11 W ALONG THE; NORTH-SOUTH CENTERLINlil OF SAID SECTION 31 2279.33 FEET TO A #4 REBAR IN PLACE; THENCE IiEAVING SAID NORTH-SOUTH CENTERLINES B.9°57 1 59 11 W 2670.35 FEET 'l'O A POINT ON THE WESTERLY LINE OF SAID SECTION 31 (WHENCE A REBAR AND CAP L.S. #331? BEARS N 89°5?'5.9'1 E 1.53 FEET); THli:NCE N 00°13 1 49" E ALOfll'G THE WESTERLY LINE OF SAID SECTION 31 512. 75 FEET; THENCE LEAVING 'nm WESTERLY LINE OF SAID SECTION 31 N 3 B '3 l. '57" W 3 l. 94 FEET; THENCE N 8.9'58 1 33" W 173.63 FEET; TO A POINT ON THE EASTERLY LINE OF PARCEL 1, HOMESTEAD ESTATES; THENCE N 00°01'27" E 416 .14 FE'ET TO A POINT ON THE SOUTHERLY LINE OF THE NEl/4NEl/4 OF SAID SECTION 3 6, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL l; TH~NCJ;: N 89°51 1 51" W ALONG THE SOUTHERLY LINE OF THE NEl/4NEl/4 OF SAID SECTION 36 1111.17 F~ET TO THE NORTHEAST l/l6TH co~ OF SAlD SECTION 36; THENCE Rec eived Time APr .18-10:16AM ~~~~~·~~tn~J1 !~~!l\~f M!~~~~!!~~W}l PAGE NO. 2 BUCK POINT RANCH N 00°46 • 07" E ALONG ~HE WESTERLY LINE OF SAID NEl/4NEl/4 132·9. 94 FEET TO THE EAST l/lGTH CORN.ER OF SAID SECTION 25; THENCE S 89°54'48" W ALONG THE SOUTHERLY LINE OF SAlD SECTION 25 1293.79 FEET TO THE NORTH QUARTER CORNE~ OF SAID SECTION 36, A 1924 GLO BRASS CAI' IN PLACE; 'I'IraNCE CONTINUING ALONG SAIC SOUTHERLY LINE s 89°25 1 29 11 w 49.51 FEET ·To THE SOUTH QUARTER co!WER OP SAID SECTION 2 5, A l.924 GLO BRASS CAP IN PLACE; THENCE C.Om.'INIJING ALONG SAID SOU'I'EERLY LiINE $ S9°59'30 11 W 1324.98 FEET TO THB WES'l' 1/16TH CORNER OF SAID SECTION 25, A #5 REBAR IN PLACEJ THENCE LEAVING SAID SOUTHERLY LINE N 00 ° 05 1 54 11 W ALONG THE WESTERLY LINS OP' THE SE1/4SWl/4 OF SAID SECTION 25 1306. 20 FEET TO THE SOUTHWEST l/l.6TH CORNER OF SAID SECTION 25, A REBAR 1.ND CAI? L.S. #19598 IN PI.A.CE; THENCE S 9904.9 1 56 11 W ALONG THE SOUTHERLY L!Nl!I OF THS NWl/4.SWl/4 OF SAID SECTION 25 1324.83 FEET TO Tl-t:E SOUTH . l/lGTH CO'RNER OF SA!D SSCTION 25 AND S~CTION 26, A REBAR AND CA.P L.S. #9018 IN PLACB1 THENCE S 00°05 1 30" E ALONG THE WESTERLY LINE OF SAID SECTION 25 1323. 25 FEET TO THE POINT OF SEJGINN'lNG; SAID PARCEL CONTAIN.ING 1,142.276 ACRES, MORE OR LESS. Received Time Apr.JS. 10:16AM lt~~~}!ll/ 111111111111 1111111111111111111111111111111 I !/17/2001 11104a 81253 P485 n ALSDORF of 7 R 0.00 D 0.00 GARFIELD COUNTY CO Recording requested by: Page Spracher And when recorded, mail to: Page Sprache:r c/o Banker's Mortgage Corporation P.O. Box 7904 Aspen, Colorado 81612 fijure. C.. \ . QtTIT CLAIM DEED PAGE SPRACHER ("Granter"), with an address of c/o Banker's Mortgage Corporation, P.O. Box 7904, Aspen, Colorado 81612, for a valuable conaideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and quitclaims to HIGH ASPEN RANCH, LLC, a Colorado limited liability company, whose address is c/o CUrtis B. Sanders, Krabacher Law Offices, 201 North Mill Street I Suite 201, Aspen, Colorado 81611, the following real property in Garfield County, Colorado: A parcel of land situated within the SE1/4 NEl/4 of Section 3·6, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land being more particularly describe~ as follows: Commencing at the East quarter corner of said section 36, a stone in place, the true point of beginning; thence N. 89°40' 21" W. along the southerly line of said SEl./4 NEl./4 l.30. 31 feet to the southeast corner of Parcel 1, Homestead Estates, as ahown on the plat recorded as Reception No. 270401 in the Garfield County Clerk and Recorder's Office; thence leaving said southerly line N. 09°19'56" W. along the easterly line of said Parcel l 635.75 feet; thence continuing along said easterly line N. 11. 0 57' 51" E. io9. 48 feet; thence continuing along said easterly line N. 00°01 1 27" E. 84-.96 feet; thence leaving said easterly lin.e N. 89°5?' 59" E. l. 73. 63 feet; thence s. 38°3l'57"E . 31.94 feet to a point on the easterly line of said Section 36; thence S. 0.0°13'49" W. along said easterly line 89 3.09 feet to th~ true point of beginning; said parcel containing 4.019 acres, more or less; subject to the following: l. Those matters affecting title described in Exhibit A attached hereto and made a part hereof; and 2. The Restrictive Covenants described in Exhibit B (and Exhibit B-1 and Exhibit B-2 attached thereto) . Together with all its appurtenances and all the estate, right, title, interest of Grantor. stewart title Stewart Title -Aspen 620 East. i-!opkin.s Ave Aspen, CO 81611. (970) 925-3577 Escrow NL!mber: 0133.0-37164 PLEASE REFERENCE: Escrow Number: Esci:ow Officer: Property Address: WIRING INSTRUCTIONS US Bank 535 We!ttminster Mall Westminster~ CA 92683 Beneficiary: STEWART TITLE ACCOUNT#: 153910695078 RoutlngfTransit #: 123000848 01330~37164 Leslie Boyer 341 Homestead Ranch Road C;arbpn d~le, co 81623 · William P. Spracher, Sprach~rW. Page, ahd Page Sprecher "Please be a:wai"e Stewart Title cannot accept ACH'S .to our Escrow Account" File No.: 01330-37164 Page 1 of1 ALTA Commitment (6/17/06) ALTA Commitment Form CON!MITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART Titi..E GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable cons ideration, commits to i ssue lls policy or pollclEl;S oftitle lnsura11ce. as ldentlfieQ in Schedule A, in favor o(the Proposed Insured named in Scheaule A. as owner or mortgagee of the estat~ or interest in the land descri b~ ot referred !o In Schedl!le A, upon payment of the premiums and charges a(ld compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment This Commitment shall be effectliie only when the Identity of the Propos~d Insured and the amount of the policy or policies committed for .have been inserted iri Schedule A by the· company. All liability and obligation under this Commitment shall cease and term.lnate six months after the Effe~ve Date or when the policy or policies committed for shall Issue, whichever first occurs, provided that the failure to issue the policy or policies is not tl!e rault of !tie Cor'ripany. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersi~ned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Coµntersigned by: Authorized Countersignature Stewart Trtle -Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 stewarf title guaranty company c,opY,ight 2o06'-2o_o9 AmDrit:a1.1 Land Title Association. Alt rfgtrts. resa,Yec1. Tha .u ... or tl!liFoim lfrilo1r1Cled 10 ALTA P_.eHnd 1'J.. TA rniiml>irs I• good Stand ii>g os ol tile date er use. All olher US!OS M prOlliboied. Rafirin1ad under roce nse from dio Aml>!1can Land llda ASsoolauOn . f"ile No. 0~330-37164 004-UN ALTA Commitment (6/17/06) /~~ Matt Morris President and CEO ~ -· AM£1JCA.N i.ANOi'i'iU ~ Secretary CONDITIONS 1. The term mortgage, when used herein, shall lne!ude deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other ma.tter affecting the estat~ 9r inte~st or mortgage thereo.n eovered by' 1hi:;i <:ommitnient other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved trom liabilify for any loss or damage r~ulling from a.nY act of reliance hereon to the eXtent the <:ompany is prejudiced by failure to so disi:iose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwis.e acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other niatter, the Compan·y at its· option m·ay amend Schedule B of this Coini)'litment aecordingly, but such ainehdment shall nof relieve tlie Company from liability previously incurred pursuant to paragraph 3 of these Conditions. · · ·· 3. Liability of the Compi;iny under this Commitment shall be on ly to the named proposed lnsu r~d and such parties included under the definition of Insured in the fOrm of policy o r pollcles committed for and only for acfual loss incuJTed in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire qr qreate the estate or interest or mortgage ttieireon r;xivered py thJs Commitment. In no everit shall such liability exceed the amount stated in Schedule A for the policy or policies conimitted for and such liability is s.ubject t.o the insuring pro vi~ioris i;in~ Conditio.ns apq the Exclu.siolis fr9nj Coverage of the form of pollcy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modi1ied herein. 4. This Comnii.tnient.ls a cerilract to issue one or more title.insurance policies and is ncit ail (!!:Jstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mo'rtgage thereori covered by this Commiiment must be based on and ate subject to the provisions of this Commitment. 5. The policy to be issued contain$ an arbitration clause. All arb.itrable m§Jfters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either tbf! CoinP.a.ny or the Insured as the exclusive tem.edy of the parties. You may review a copy of the arlJitration roles at< .htw:/lwww.elta.om/>. All notices required to be given the Company and ·any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas n252. copYifghi 200&-2009 Ameri~ Land Title Assciclalloii.. All TfghtSI ieseiiied. Tii.e use ol.ltll~'foni> ~«~.lroled io.Ai.TA-llcen .. ~·andAL\A ni~"' in good.si.:i~a · .. ol l!Je dale or use. All alllor UHS ani pn>hlti 11od· flapll/lla<I urlder J...,,... from tho Atriorlc:a" Land ll~e·ASsotlallon. File .No.01330-37164 004-UN ALTA CQmmilment (6/17/06) -· AM[IJCAN l..A.ND TITL[J AiiOCi.\TIO~ file No.: 013~0-371~4 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: Febl"l.laT¥ 21, 2014 at 8:00 A.M. 2, Policy or Policies to be issued: Amount of Insurance (a) ALT.A. Owner's Pqlicy · Proposed Insured: (b) A.LT.A. Loan Policy Proposed Insured: 2006 (S~ndard) Vectra Bank. Colorado, N.A.; its successors and/or assij;lns 3. The estate or interest in the land des.cribed or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is aHhe effective date hereof vested in: W. Page Spracher 5. The land referred to in this Commitment is described as follows: See. Attached Legal Description Purported Address: 341 Homestead Ranch Road CarbOlidale, co 81623 Copyrfght 2006-2009Amerlca.n.Ylld11tle AssoclaUon •. All righ~ ras·ervlid. . ~.wio of O)l•"F.qmrls ruiik!"d I!> l\!.TAJlcenseeund Ai.TA fMlTlbe<'s Jn good_,"!I .. o.llh<I d"'8 ohJSe. AJI _-,,~ ~ pro_hfb!!e<!. Rep<inl•id unl$erficenso !tom Illa Amorlcap land llilo Assoc;lallon. File No. 01330-37164 CO STG AL TA CorTimltment Sch A STO STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Reissue Rate 2006 Loan Policy: Tax Certificate: CO Form 100: AL TA Form 8.1-06: Page 1 of 2 . STEWART TlfLE j;UAAANTY COMPANY $395,000.00 $570.00 $20.00 $50.00 $50.00 -...DIC.ut IAlfl'llllU ~ SCHEDULE A LEGAL DE~C~IPTION A PARCEL .OF LAND SIJVA':fEP ~ ~ ~El/4NE 1/4 OF S!;CTIO N 36, TOWNS HJP 6 $0UTII, RANGE ~8 WEST OF THE S ~ PRIN C~AL M;ERID l;AN, COUNJ,i' OF GARFIELD, STATE OF COLO RADO, SAID. PARC&L BE IJ'lG MORE PARTI<;:Ui~Y DESCRIBEP AS FOLLOWS: COMMENCING AT THE El/4 CO~R OF SECTION 36 A STONE IN PLACE, THENCE N 89°40'21" W ALONG THE SOUJJI Ln-ffi OF SAID SE1/4NE1/4 A DISTANCE OF 509.21 FEET TO A POINT ON THE CENTERLINE OF A 60.00 FOOT ACCESS EASEMENT; 11JE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE OF SE1/4NE1/4 ALSO BEING THE SOUTHERN BOUNDARY OF PARCEL l, OF HOMESTEAD ESTATES N 89°40'il" WA DISTANCE OF 859.55 FEET TO THE CENTER EAST 1116 CORNER SECTION 36; THENCE ALONG THE WEST LINE OF SAID SE1/4NE1/4 ALSO BEING THE WESTERN BOUNDARY OF SAID PARCEL l, N Oi0 55'16" EA DISTANCE OF 1330.65 FEET Tb THE ·NEill 6 SECTION 36 ALSO BEING THE NORTHWEST CORNER OF SAIDPARCELi; . . iREN CE AJ.:,ONG THE NORTH LINE O~ SAID SE1/4NE1/4 ALSO BEING THE NORTHERN BOuNDARY OF SAID PARCEL l, S 8.9°51'51" EA DISTANCE OF llll.17FEET; THENCE LEAVING SAID NORTH LINE OF SEI/4NE1/4 S 00°01 '27'' WA DISTANCE. OF 416.14 FEET TO A POINT ON THE NORTH LINE OF SAID 60 .00 FOOT WIDE ACCESS EASEMENT; TIIBNGE N 89°5T59" EA DISTANcE OF 173.63 FEET; THENCE S 38°31'57" EA I>ISTANCE O~ 3L94 FEET TO A POINT ONT.FIB EAST LINE OF SECTION 36, TI;IENCE ;\LONG SAID EAST LINES 00°13'49" W 66.99 FEET; THENCE LEAVING SAID EAST LINEN 89°46120" WA DISTANCE OF 187.59 FEET TO A POINT ON THE EASTERLY LINE OF SAID 60.00 FOOT WIDE ACCESS .EASEMENT; THENCE N 81°32'28" WA J)ISTANCE OF 30.00 FEET TO A POINT ON 11iE CENTERLIN.E QF SAID 60.00 FOOT WIDE ACCESS EASEMENT; THENCE ALONG n{E ~ENTERLINE OF SAID ACCE~S EASEMENT THE FOLLOWING EIG~ (8) COURSES: 1.. ALONG UiE ARC OF A CURVE TO THE RIGJIT HAVING A, RADIUS OF 186,19 FEET AND A CENTRAL ANGLE OF 27°44'55 1', A DISTANCE OF 90.17 FEET (CHORD BEARS S 2.2°20'00" W 89 .29 FEET) 2. S 36°12'27" W 47.89 FEET. 3, ALONG THE ARC OF A cuRVE TO THE LEFT HAVING A RADIUS OF 846..25 FEET AND A CENTRAL ANGLE OF l8°3Y5.8'',.A DIST.ANCE OF 274.22 FEET (CHORD BEAR,S $ 26°55'29" W 273.02 F,EET) 4. S 17°38'30" W 99.83 FEET 5. ALONG THE ARC OF A CURVE TO TIIE RIGHT HA VlNG A RADIUS OF 887.36 FEET AND A CENTRAL ANGLE OF 07°03 138'', A DISTANCE OF 109.35 FEET (cHORD BEARS S 21°10'19" W 1092gpEET) 6. s 24°42'08" w 64.00 FEET 1. Ai.bNG rim AR,c pi~ CURVE to THE LEFr HAVING A RAD~$ bF 235.70 FEET AN:b .f.. <;:EN~ ~G~ QF 29°38'55", A DISTANCE OF 121.97 fEET (CHORD BEARS S 09°52'41" W 120.61 FEET) 8. S <>4056'47~ E ·90 .01 FEET TO THE PCi nilt OF BEGINNING COUNTY OF GARFIELD, STATE OF COLORADb : •' Copyright2006-20DS Amer!Cal) Land T"rtfe Assl)\:ia flon.. All rights reserved. Thi! ust. of t!ils'Fqmrls 11llilc!ed to A!,,TAMeanr• .. :rnd Al.TA members 1(1 ~ Stalldl~g as of the date otusa. "'11·ct11orusas are p~j\ed; Relirinte;I Undetrroenso flym1hio Ame~con Larid Tido~. · · File No. 01330-371M CO STG AL TA Commitment Sch A STO Page 2 of-2 STEWART Tll't.E GUARANTY COM.PANY COMMITMENT FOR TITLE INSURANCE SCHEDULES PARTI Fife No.: 01330-37164 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be Insured. · · 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart TiUe Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subJect property (architectural drawings, soils testing, foundation work, installation of materials}, please notify the Compaf!y's escrow officer within 10 days of receipt of this title comm.itmeni. 5. EXecution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements haV.e been made on, or in connection with, the subject property, please notify the Company's eserow officer within 10 days of receipt of this title commitment. 6. Release by the Public Trustee of the Deed ofTrust from Grande Ronde River LLC for the uS'e of Vectra Bank Colorado N A to secure $250,000.00, recorded July 6, 2001 I~ ~~®k 1 ~~7 al Page 92 atRe~~pti9r'i f.{O. 583~. NOTE: Subordination Agreement recorded January 26, 201 o as .Receptfon No. 78117-1. NOTE: Said Deed of Trust was modified ~s 13ec~o~9ri No .. ?.8111_2. 7. Release by the Public Trustee of the Deed of Trust from W Page Spracher for the use of Vectra Bank Colorado N A to secure ~17,000.00, recorded January 25, 2010 as Recebtlon No. 781057. NOTE: Requ est for Notice recorded J.a'nuary 26, 2010 as Reception No.781173. · 8. Deed of Trust from the Bo'fr6 wer to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Qui~ Claim Deed rec:Orded August 31, 2009 as Reception No. 7.7418_1. . . Copyright 2006'2009 America.n Land rrt1e Ass!!Clallon •. All rights ras~rved. . 'th•..use of111io~ bolUll!olod loALTAn-.101ar•fALTAIJ'embersIn90!'dllandl~gll:" of the dale otuse. AWO\b~ll5eS ate ~~d . · ReJirlnte<f undo< licen•o f(cm !he Amorl<an l.j>rld Tiiie ASsociation. • Fila No. 01330-37164 CO STG AL TA·Commitment Sch B I f>age 1 of 1 i;u~.::~~Y • .1 .... ~ • ·' • COMMITMENT FOR TITLE INSURANCE SGHEDl,!LE B PART II File No.: 01330-37164 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are di~posed of to the satisfaction of the Company: 1. Rights or claims of parties In possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, In, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matte.rs excepted under (a), (b) or (c) are shown by the Public Records or listed In Schedule B. · 7. Water rights, clalms or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Reservations or .exceptions C:ontained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded June 28, 1949 in Book 243 at Page 464 as Reception No. 168913, reserving 1) Rights cifthe proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way fcir ditches and canals cbnstriJcted under the aLithority of the United States. 10. Easements and rights of way for ingress and egress for adjoining lots across subject property as shown on Plat, recorded December 2, 1975 as Reception No. 270400. Restrictions, as contained in instrument recorded, December 2, 1975, in Book480 at Page 940 as Reception No. 270401, and in Supplemental thereto, recorded February 4, 1976, in Book 482 at Page 531 as Reeeption No. 271208 aria Supplemental thereto rec0rded April 13, 1977 in Book 495 at Page 331 as Reception No. 277857. Resolution of Amendment, recorded February .9, 1982, in Book 592 at Page 62.8 as Reception No . 324620, and Extension of Protective Covenants re.corded May 27, 1982 in Book 600 at Page 331 as Reception No . 328173, and Resplution of Amendment, rec0rded .April 11, 1984, in Book 647 at Page 769 as Reception No. 351327 and restated and amended July 7, 1988 iii Book 737 at Page 258 as Reception No. 393503 ahd First, Second and Thkd Amendments recorded December 13, 1995 in Book 961 at Page 23, 24 and 26 as Reeeption Nos. 486384,486385 and 486386. 11. Utility ea se ments being 1 o fe et iri wi dth alo ng tfle outsi de of road right of ways, 1 o feet in width along interior boun.dary lines an d 20 feet iii Width along exterior bou ndaiy lines of said pareel as set out ori Plat reeorded Decerrib:ei" 2, 1975 as Reception No. 270400. · 12. Rights of way for telephone line purpos~ which the Mountain States Telephone and. Telegraph Comp.any rriay' have under th.a Act of March 4, 1911 as referr~d to in Patent recorded Ju.he 28, 1949 in Book 243 at Page 464 as Copyrig ht 200 6-.2 009 Am eric:a.n lal)d T.Ue Assoc:laUon . AU rights reserve·d. . 1ho,..., aflhls F.on;nl<·~od 19"!.TA!iCens"'\s ...SALTA rnembolslnP.d standi~g as ollhedale Dfuse. Al l ol1)or .,_.Ill! P"!h il>llcd. Rejirinll!;d under nc.eneJtam~lho American Land~'llt!e Ai>ocloBop . · Fila No. 01330-371.64 . . CO STG ALTA Commitment Sch B ll STO Page 1 of2 STEWARTTmi: GUAAANTY COMPANY COMMITMENT FOR TITL~ INSURANCE SCHEDULES PART II Reception No. 168913. 13. Map and Ditch Statement for the Strang Ditches 1 and 2 recorded July 18, 1888 as Reception No. 7292 as the same may affect subject property. 14. Right of way for the J. S. Miller Ditch as shown on Plat. 15. Terms, conditions, restrictions, reservations, provisions, obligations, easement and right-of-way as granted to Holy Cross Electric Association in instrument recorded September 11, 1978 in Book 515 at Page 269 as Reception No. 288333. . 16. Terms and conditions of Easement Contract by and between W. Page Spraclier and] Rocky Mountain Natural Gas Company recorded December 16, 1993 in Book 886 at Page 451 as Reception No. 456689 and Amended Easement Contract recorded April 15, 1996 in Book 973 at Page 925 as Reception No. 491498. 17. Terms and conditions of Easement as set forth in Deed recorded May 30, 1973 in Book 445 at Page 126 as Reception No. 258511. 18. Affidavits recorded May 12, 1994 in Book 902 at Page 283 and 284 as Reception Nos. 463062 and 463063. Amended Easement Contract recorded April 15, 1996 in Book 973 at Page 925 as Reception No. 491498. 19. Ratification of Easement and Restrictions on Development recorded April 19, 2000 in Book 1182 at Page 937 as Reception No. 562228, and Re-recorded October 13, 2003 in Book 1212 at Page 530 as Reception No. 570844 20. Grant of Easement recorded April 19, 2000 in Book 1182 at Page .953 as Reception No. 562230. Matters disclosed on Quit Claim Deed recorded July 28, 2001 in Book 1264 at Page 438 as Reception No. 583396. . 21. Bolihdary Line Adjustment recorded March 7, 2002 as Reception No. 598537. Notice RE: Boundary Line Adjustment recorded May 8, 2002 in Book 1353 at Page 476 as Reception No. 603032. 22. Affidavit RE: Boundary Line Adjustment recorded May 8, 2002 in Book 1353 at Page 477 as Reception No. 603033. 23. Affidavit RE: Boundary Line Adjustment recorded July 5, 2002 in Book 1367 at Page 819 as Reception No. 606582. Copyright 2op~,2009 American. Land Title Association. All rights n1Served. Tho llSO o1 1N•Foim 1" ...tilcled loALTAl!cen<e•..,nd ALTA mombe,. In goodstindim as ollho dote of use. _,.,oihor uses are prohlb!l2d. · Re,;Mted und« licen se'"""~ Amarican i.arid'llt! .. ~ · · · Fiie No. Ofa3o,37164 · . CO STG AL TA Commitment Sch B II STO Page 2 of 2 STEWART llli.'e GUARANlY COMPANY DISCLOSURES File No.: 01330-37164 Pursuant to C.R.S. 10-11-122, notice Is hereby given that A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNlY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C_ INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that St ewart Title -Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 wlll not appear on the Owner's Title Policy and the Lender's Tltl.e Policy when issued. Note: Affirmative Mechanic's Lien Protection fur the Owner may be available {typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described In Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furn ished by mechanics or materlalmen for purposes of construction on the land described in Schedule A of th is Commitment with in the past 6 months . C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property lo be purchased, with in six months prior to the Date of the Comm itment, the requirements to obtain coverage for unrecorded liens will Include: disclosure of certain construction informatlon; financial Information as to the seller, the builder and/or th e contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to tne company; and, any additional requ irements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. T hat there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all Interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the r ight to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-37164 co Comml!ment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to l!mlt some but not all sh ari ng. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information . This privacy notice is dls lributed on beha lf of the Stewart TJUe Guaranty Company and its tlUe affiliates {the Stewart Title .Companies). pursuant to Title V of the Gramm -Leach-Bli ley Act (GLBA). The types of personal Information we collect and share depend on the product or service that you have sought through us . This Information can include socla l sectJrity numbers an d driver's license number. All financ ial companies. such as the Stewart Tltle Companies, need to share customers' personal Information to run their everyday bus iness-to process transactions and mainta in customer accounts . In the section below, we list the reasons that we can share customers' personal information; Ule reasons that we choose to share; and whether you can Hmit this sharing . Reasons we can share your personal Information. For our everyday bus iness purposes-to process your transactions and ma1ntain your account. This may Include running the buslness and managing customer acco1:1nts. such as processing transactions, matllng, end auditing services, and responding to court orders and legal lrwestlgatlons . For our marketing purposes-to offer our products and services to you. For joint marketing with other financial companies For our affili<rtes' 011eryday businl!Ss purposes--infonnatlon about your transactions and experiences. Atfil lates are companies related by common owner.;hip or control. They can be financial and · non-financial comp!Jnles. Our affiliates may /riclude compa.nies with a Stewart name; flmmc/al companies, .•uch as Stewart Tdle Company For our affiliates' everyday business purposes-information about your cred itworth iness. For our affiliates to market to you -For your convenience, Stewart has developed a means for you to opt out from Its affilla!es marketing even though such mechanism Is not legally required. For non-afflllates to ma.rketto you . Non-affi liates are companies not related by common ownership or control. They can be financial and non-financial companies. Dowe share Yes Yes No Yes No Yes No Can you llmlt this sharing? No No We don't share No We don't share Yes, send your first and la st name, the email address used In your transaO!lon. your Stewart tile number and the Stewart offi ce location that Is hand Jln g your transaction by email to optout@stewart.com or fax to 1-800-335-9591 . We don't share We may disclose your personal information 10 our affilfates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we wlll disclose your personal Information to that non-affiliate. [We do not control their subsequent use of lnforma!lon, and suggest you refer lo their privacy noUces.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my personal Information? How do the Stewart Title Companies collect my personal Information? What sharing can I limit? To protect your personal information from unauthorized access and use, we use security measures that _comply with federal law. These measures include comouter, file and building safeguards. We collect your personal Information. for example, when you • request Insurance -related services • provide such Information to us We also collect your personal lnforma11on from others, such as the real estate agent or lender Involved in your transaction, credit reporting agencies, affiliates or other comoan ies. Although federal and state law give you the right to lim it sharing (e.g., opt out) in certain instances, we do not share your personal information in those Instances . Ccmtact us: ff you have any questlons about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-371 64 Page 1 Revised 11-19-2013 stewart title View your transaction progress 24/7 via Stewa rt O nline Ask us about your login today! Date: File Number: Property: October 15 , 2017 01330-104605 TBD TBD, Glenwood Springs, CO Please direct all Closing inquiries to: Jenny Luu Phone: Fax: (866) 277-9353 Email Address: Jenny.Luu@stewart.com SELLER: W. Page Spracher Delivery Method: Emailed BUYER: TBD Stewart Title -Aspen 620 East Hopkins Ave Aspen, CO 81611 Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A , in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liabi lity and obligation under this Commitment shall cease and termi nate s ix months after the Effective Date or when the policy or poli ci es commi tted for shall issue, whicheve r first occurs, provided that the fa ilure to issue the policy or po licies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Au!OOriud Coun1mi gnature Stewart Title -Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 /~~ Matt Morris President and CEO ~ Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Assoc iation. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited . Reprinted under license from the American Land Title Association . File No . 01330-104605 004-UN ALTA Commitment 6-17-06 Page 1 of 2 AMfRI CAN l~i'IO r il tt ,\\\0, tMIOtif CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect , lien , encumbrance , adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing , the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect , lien, encumbrance, adverse cla im or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the .Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertak ing in good fa ith (a) to comply with the requ irements hereof, or (b) to eliminate exceptions shown in Schedule 8 , or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title . Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2 , 000, 000 or less sl1a/I be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://wv;w.alta.org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-104605 004-UN ALTA Commitment 6-17-06 Page 2 of 2 J\MlR I JIN IAN l l 111l 1. A3o~IH. IAI IOM' File No.: 01330-104605 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 10, 2017, at 8:00 A.M. 2 . Policy or Policies to be issued: Amount of Insurance (a) ALTA Owner's Policy 2006 (Extended) Proposed Insured: TBD (b) ALTA Loan Policy Proposed Insured : 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in sa id land is at the effective date hereof vested in : W. Page Spracher 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address : TBD TBD Glenwood Springs, CO Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-104605 CO STG ALTA Commitment Sch A STO STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD Rate TBD Fee: Page 1 of 2 STEWART TITLE GUARANTY COMPANY $300.00 -"'Ml ll (Atl i'Ai n "''' U k,t\ 110 .. SCHEDULE A LEGAL DESCRIPTION Parcel "C" Property Description A parcel of land situated in the SE1/4NE1/4 of Section 36, Township 6 South, Range 88 West of the Sixth Principal Meridian , County of Garfield, State of Colorado, said parcel being more particularly described as follows : Commencing at the E1/4 corner of Section 36 a stone in place, the POINT OF BEGINNING; thence N. 89 °40'21" W. along the South line of said SE1/4NE1/4 a distance of 509.21 feet to a point on the centerline of a 60.00 feet access easement; thence leaving said South line and along the centerline of said 60.00 foot access easement the following eight (8) courses: 1.) N. 04°56'47" W. 90 .01 feet 2.) along the arc of a curve to the right having a radius of 235. 70 feet and a central angle of 29 °38'55", a distance of 121.97 feet (chord bears N. 09°52'41" E. 120.61 feet) 3.) N. 24°42'08" E. 64.00 feet 4.) along the arc of a curve to the left having a radius of 887.36 feet and a central angle of 07 °03'38", a distance of 109.35 feet (chord bears N. 21°10'19" E. 109.28 feet) 5.) N. 17°38'30" E. 99.83 feet 6.) along the arc of a curve to the right having a radius of 846 .25 feet and a central angle of 18°33'58", a distance of 274.22 feet (chord bears N. 26 °55'29" E. 273.02 feet) 7.) N. 36°12'27" E. 47 .89 feet 8.) along the arc of a curve to the left having a radius of 186 .19 feet and a central angle of 27°44'55", a distance of 90.17 feet (chord bears N. 22 °20'00" E. 89.29 feet); thence leaving said centerline S. 81 °32'28" E. 30 .00 feet to a point on the Easterly Right-of-Way of said Easement; thence S. 89°46'20" E. a distance of 187.59 feet to a point on the East line of said Section 36; thence S. 00 °13'49" W. along said Section line a distance of 826 .10 feet to the POINT OF BEGINNING . County of Garfield, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved . The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited . Reprinted under license from the American Land Title Association. File No. 01330-104605 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY -,UUlll"''' i~!i}~ .t.''1 l •:U 11'-"' File No.: 01330-104605 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE : If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on , or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of th is title commitment. 6. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Please be advised that our search did not disclose any open Deed of Trust of record. If you should have knowledge of any outstanding obligations, please contact the Title Department immediately for further review prior to closing .. NOTE : The vesting deed is shown as follows: Warranty Deed recorded May 8, 2002 in Book 1353 at Page 478 as Reception No. 603034. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Rep rinted under license from the American Land Title Association. File No. 01330-104605 CO STG ALTA Commitment Sch BI Page 1 of 1 STEWART TITLE GUARANTY COMPANY -AM I U:"ll i:\""'''T' Ok~ 114..- COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTll Reception No. 270401, and in Supplemental thereto, recorded February 4, 1976, in Book 482 at Page 531 as Reception No, 271208 ; Supplemental thereto recorded April 13 , 1977 in Book 495 at Page 331 as Reception No , 277857; Resolution of Amendment, recorded February 9, 1982, in Book 592 at Page 628 as Reception No. 324620; Extension of Protective Covenants recorded May 27, 1982 in Book 600 at Page 331 as Reception No . 328173 ; Resolution of Amendment, recorded April 11 , 1984, in Book 647 at Page 769 as Reception No. 351327; Restated and Amended July 7, 1988 in Book 737 at Page 258 as Reception No. 393503; First, Second and Third Amendments recorded December 13, 1995 in Book 961 at Page 23, 24 and 26 as Reception Nos . 486384; 486385 and 486386, and any and all Amendments and/or Supplements thereto. 16. Underground Right-of-Way Easement, granted to Holy Cross Electric Association recorded September 11, 1978 in Book 515 at Page 269 as Reception No. 288333. 17. Easement Contract by and between W. Page Spracher and] Rocky Mountain Natural Gas Company recorded December 16, 1993 in Book 886 at Page 451 as Reception No. 456689; Amended Easement Contract recorded April 15, 1996 in Book 973 at Page 925 as Reception No. 491498. 18. Ratification of Easement and Restrictions on Development recorded April 19, 2000 in Book 1182 at Page 937 as Reception No . 562228, and Re-recorded October 13, 2003 in Book 1212 at Page 530 as Reception No. 570844. 19. Restrictive Covenants and other matters as described in Warranty Deed recorded April 19, 2000 in Book 1182 at Page 945 as Reception No. 562229. 20. Grant of Easement recorded April 19 , 2000 in Book 1182 at Page 953 as Reception No. 562230, and Re- recorded October 13, 2000 in Book 1212 at Page 540 as Reception 570845. 21 . All matters as shown on the High Aspen Ranch Exemption Plat & Boundary Line Adjustment recorded April 6, 2001 as Reception No. 578833. 22. Matters described in Quit Claim Deed recorded Jule 28, 2001 in Book 1264 at Page 438 as Reception No. 583396. 23. Boundary Line Adjustment recorded March 7, 2002 as Reception No. 598537. 24. Notice RE: Boundary Line Adjustment recorded May 8, 2002 in Book 1353 at Page 476 as Reception No. 603032. 25. Affidavit RE: Boundary Line Adjustment recorded May 8, 2002 in Book 1353 at Page 4 77 as Reception No. 603033 . 26 . Affidavit RE: Boundary Line Adjustment recorded July 5, 2002 in Book 1367 at Page 819 as Reception No. 606582. 27. Resolution No. 2001-31 recorded May 17, 2001 in Book 1253 at Page 480 as Reception No. 581076. NOTE : This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance . This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein , and the Company approves such deletions. If work has been performed on , or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-104605 CO STGALTA Commitment Sch B II STO Page 2 of 3 STEWART TITLE GUARANTY COMPANY -Mtll .\H 1..:-.m .... ,., •\)\J,*AU4 '"' COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTll Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of lhis Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-104605 CO STG ALTA Commitment Sch B II STO Page 3 of 3 STEWART TITLE GUARANTY COMPANY -Udtil H lA-U ttrH ~·hciUA .ltU• DISCLOSURES File No.: 01330-104605 Pursuant to C .R.S. 10-11 -122 , notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER 'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THECOUNTYASSESSOR Note : Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ." Provided that Stewart Title -Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued . Note : Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following cond itions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or matcrialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months . C. The Company must receive an appropriate affidav it indemnifying the Company against untiled Mechanic's and Materialmen 's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased , within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include : disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium ; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an exam ination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure : a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals , or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3 , Section 5, Paragraph C (11 )(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN , UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED . File No .: 01330-104605 CO Commitment Disclosure Revised 1/1/17 ·----------------------------------------------------------------------------------------------------~ STG Privacy Notice Stewart Title Companies WHAT no THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing . Federal and applicable state law regulations also require us to tell you how we co llect, share, and protect your personal information . Please rea d this notice carefu lly to understand how we use your personal inform ati on. This privacy notice is distributed on behalf of the Stewart Ti tle Guaranty Company and its title affiliates (the Stewart Title Companies), purs uant to Title V of the Gramm-Leach-Bliley Act (GLBA). T he types of pe rsonal inform ation we collect and share de pend on the product or service that you have sought through us . This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Dowe share Can you limit this sharing? For our everyday bus i ness purposes--to process your transactions and ma intain your account. This may include running the Yes No business and managing customer accounts , such as processing transactions, mailing, and auditing services , and responding to court orders and legal investigations. For our marketing purposes-to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences . Affiliates are companies related by common ownersh ip or control. They can be financia l and Yes No non-financial companies . Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-information No We don't share about your creditworthiness . For our affiliates to market to you -For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or cont rol. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate . [We do not control their subsequent use of information, and suggest you refer to their privacy notices .] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction . How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include co mputer, file , and build ino safeouards . How do the Stewart Title Companies collect my We collect your personal information , for example , when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others , such as the real estate agent or lender involved in your transaction , credit reporting agencies, affiliates or other compa nies . What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances , we do not sha re your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No .: 01330-104605 Page 1 Revised 11 -19-2013 two seven ink architecture Amended Plat Application subject : February 22, 2018 Amended Plat High Aspen Ranch Exemption Parcel C & Parcel 1, Homestead Ranch Estates Improvements Agreement Waiver Request This land use application is for adjustment of lot lines only and there are no public improvements associated with o r affected by the request. We are requesting a waiver from submitting an Improvements Agreement. Thank you, Erica 5. Golden, AIA This letter was prepared for Deanna Spracher & Ryan Beringer by their architect, Erica 5. Golden Please contact Erica per the contact information listed below w ith any questions about this applicat ion . Erica 5 . Golden, AIA two seven ink architecture PO Box 1764 Carbondale, CO 81623 Ph : 970.445.7193 eg@twoseveni nk.com two seven ink lll po box 1764 carbondale, co 81623 March 14, 2018 Mr. Page Spracher 341 Homestead Road Glenwood Springs, CO 81601 RE: Research Mineral Title Mr. Spracher, MOUNTAIN FIELD SERVICES INC. P.O. BOX 443 DELTA, CO 81416 970-948-6083 Per your request, on February 19, 2018, I researched the Mineral Title on your property located in Homestead Estates located in the outheast Y,. of the Northeast Y,. (SE/1/4 NE Yi) of Section 36, Township 6 outh Range 88 West of the 6th P.M. all in Garfield County, Colorado. Garfield County records show in Section 36, Township 6 South, Range 88 West of the 6th P.M. the United States of America reserved "all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat. 862)". This mineral reservation includes Parcel 1 and Parcel C within Section 36, Township 6 South Range 88 West 6il1 P.M . This reservation can be found at the Clerk and Recorder's Office at Reception No. 168913, recorded June28, 1949. Please let me know if you need any additional research. Thank you, Mike Mohror Contract Landman Mountain Field Services Inc. 970-948-6083 Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address Num 218736100001 341 HOMESTEAD RD SPRACHER, W PAGE R050095 1616 ORCHARD AVENUE GLENWOOD SPRINGS GRAND JUNCTION, CO 81501 218736100002 83 LONE OAK RD SELLS, GEORGE R050097 41 0 EAST HYMAN ASPEN, GLENWOOD SPRINGS C081611 218736100003 38 LONE OAK RD MARLIS-SANDER, MAROLT R050016 PO BOX 4740 BASALT, CO GLENWOOD SPRINGS A 81621-4740 218736100153 Not available SPRACHER, W PAGE R009058 1616 ORCHARD AVENUE GLENWOOD SPRINGS GRAND JUNCTION, CO 81501 218736104031 491 HIGH ASPEN DR HIGH ASPEN RANCH R006997 9495REDCANYONROAD GLENWOOD SPRINGS HOMEOWNERS GLENWOOD SPRINGS, CO ASSOCIATION 81601 218736400100 9205 11 5 COUNTY RD WILSON, ROGER BEN & R050192 9205 COUNTY ROAD 115 GLENWOOD SPRINGS KRISTINA JULIA GLENWOOD SPRINGS, CO 81601 218736400954 Not available BUREAU OF LAND R050264 2300 RIVER FRONTAGE GLENWOOD SPRINGS MANAGEMENT ROAD SILT, CO 81652 218931204001 54 WHITETAIL DR ELK HAVEN RANCH -R006967 707 S WASHINGTON BLVD GLENWOOD SPRINGS RDDWB, LLC SARASOTA, FL 34236 VICINITY MAP (3-Mile Radius) Amendment to Parcel 1 of Homestead Estates and 2nd Amendment to Parcel C of the High Aspen Ranch Exemption Exhibit B to Warranty Deed RESTRICTIVE COVENANTS The Subject Parcel is conveyed subject to the following perpetual Restrictive Covenants, to wit: 1. Within the Building Envelope on the Subject Parcel, as depicted and described on the map att~ched hereto as ~xhibit B-1 and made a part hereof by this reference, the only peJTillit ted dev.elepment shall be a gu~st ho~se containing a maximum numbe~ of square feet permitted by Oatfield County and Wtll not m any case exceed (whether penmtted by Garfield C:ognty or nor) 2,500 square feet of above grade residential floor area, an access driveway, and fe.ncing and lart~scaping as appropriate. Said guest house must contain a two-car garage or larger, ana must be 0f new constmction and may not be prefabricated or manufactured and may nat be n10Y~a onte the StJhject Pareel from another location. No other structures or improvements of any kind shaH be constructed, placed or allowed to remain within the Building Envelope. 2. Restricted Area #1 on the Subject Parcel, Pasture for horses with a two horse limit, as depicted. and described on attached Exhibit B-1, shall forever remain undisturbed open· spaee,, and ne distuiiba'Jlee &r char:ige in the natural state of the surface theJ'eof shaU be pennitted, an 'f.l.('I in1pr.eve1nents ofan-y kind shall ever be construeted, inst.al)ecl, placed or peFmitted to remain thereon, including without limitation strudt111es, ligating, fences, walls, reads, driveways, antennae, satellite dishes, flag poles, tennis courts, p©ols, hot tubs, patios, landscaping, berms, other land fonns, or above-grmmd utilities. A perimeter fence of this area will be allowed. 3. Restricted Area-Jn on the Subject Parcel, Pasture for horses, as depicted and described on attached Exhibit B-1, shall forever remain open space, and no improvements of any kind shall ever be constructed, installed, placed or permitted to remain, including without limitation strnctures, lighting, fences, walls, antennae, satellite dishes, flag po\es, tennis courts, pools, Jwt tubs, patios, landscaping, benns, other land forms, or above-ground utilities. A perimeter fence of this area and driveway to guest house will be allowed. 4. The owner from time to time of the Subject Parcel shall at all times keep and maintain in the Subject Parcel and all parts thereof and all improvements and landscaping in a neat and attractive condition and in a good state ofrepair. No motor vehicles of any kind shall ~ver be parked or stored or allowed to remain on the Subject Parcel, except in the guest house garage (if a guest Fiouse is in fact built on the Subject Parcel) or on the driveway serving said guest h0use. No mobiJe homes, and no equipment or materials, shall ever be placed or stored or aJJowetf to remain on tfue Subject Parcel. All utility lines and facilities serving the guest house l~.l~llsrtl~!ia~H 1 be undenground. and shall be for the benefit of the property described on Exhibit B-2 attached hereto and ,:'part hereof by this Feference and all parts thereof, and shall be appurtenant to and run tJie title te> the laR<l~ 'burdened and benefitted thereby. 6. These Restrictive Covenants shall be enforceable by the owner or owners from me ta time of all or. arty part of the lands described on attached Exhibit B-2, by proceedings at aw or im equity, including witheut limitation a form of injunctive relief available under Colorado ~ ~inGludifrlg specific pellfonnance ), Qr an action for damages, or both. 7. IR any aetio~ tlrought to inte~ret apd/or enfurce these Restrictive Covenants, the 'P-revailililg party shaU be entiHed te an award of its reasonab1e atton1eys' fees and costs incurred "'n ~<m1u~~tie:n the:rewith. 8. These R.est'rietive Caven~nts may only t>e amenCled by a writing signed by the owners fht>m ti.me to time e~Parcel 1 and 0f1Buck Point !Ranch. If a homeowners association is semeday f:onned to go-:vem the affairs 0f lots or p·alie.els at Buek Point Ranch, that assodation slllall act for the 0wn"e11s 0fBuek '.P-ojnt Ra.nch in eonnec'tion 'th the amendment of these Resttrietive ea enanls. 6859(<25 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