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HomeMy WebLinkAbout1.0 ApplicationGarfield County Planning Application Application Date: July 5, 2018 Application Type: Amended Final Plat Parcel Number: 2393-191-02-024 Project Name: 0012 Primrose Lane Applicant/Owner: Richard and Leann Katchuk Project Address: 12 Primrose Lane City: Carbondale Section-Township-Range: 19-07-88 Subdivision: Aspen Glen Block: FLG 2 Lot or Track: GV1 Zoning: PUD Mailing address same as project address? Yes Owner Phone: 970-309-3263 Email Address: lhk33@aol.com Representative: Annabelle Su architecture + design, LLC Garfield County Planning Application General Description: The owner of Lot GV1 (0.752 acres), Richard and Leann Katchuk, wish to amend the building envelope for this lot. The amendment has been reviewed by the Aspen Glen HOA, who has indicated their approval of the request. The property is located within the 1/2 Acre ResidentialZone District. The proposed building envelope amendment enlarges the envelope to the west along Bald Eagle Way. A review of the setbacks within Aspen Glen PUD 1/2 Acre Residential Zone District require a 25’ setback for corner lots along the side yard. Based on representations regarding the proposed layout of the home, it appears that the side where the enlargement is to occur can be considered a’side yard abutting public/private street’. lt has been represented that the building envelope would be extended to this 25’ setback line. The enlargement of the building envelope along this side does not appear to encroach on any known utility, drainage, rights-of-way or other easements. Reason for Amendment: The original building envelope does not allow building expansion on the southwest corner as the existing house is almost gracing the boundary. Since the homeowners are interested in increasing the common areas such as the dining room, kitchen, and family room, which are located on the southwest, we would like to amend the building enve- lope to allow maximum building efficiency. The proposed building envelope maintains the same area as the original building enve- lope. By moving the south boundary to be located 25’-0” from Bald Eagle way, we are able to maintain the majority of generous landscaping between the road and the side yard, while increasing the common area of the house to suit the homeowners’ lifestyle. Ownership Document Ownership Document List of Property Owners within 200’ of Parcel # 2393-191-02-024 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239319102024 12 PRIMROSE LN CARBONDALE KATCHUK, RICHARD & LEANN H R820053 12 PRIMROSE CARBONDALE, CO 81623-8892 239319102025 36 PRIMROSE LN CARBONDALE MORAVIAN INVESTMENTS LLC R820054 14140 VENTURA BLVD SUITE 302 SHERMAN OAKS, CA 91423 239319102026 46 PRIMROSE LN CARBONDALE STRASSBERG, RICHARD & PAMELA A R820055 3400 SW 27 AVENUE #1202 COCONUT GROVE, FL 33133 239319102027 47 PRIMROSE LN CARBONDALE YORK, DOUGLAS W R820056 602 CLIFFGATE LANE CASTLE ROCK, CO 80108 239319102028 37 PRIMROSE LN CARBONDALE FFRP LLC R820057 1621 CENTRAL AVENUE CHEYENNE, WY 82001 239319102029 Not available CARBONDALE FFRP LLC R820058 1621 CENTRAL AVENUE CHEYENNE, WY 82001 239319111005 92 PRIMROSE RD CARBONDALE LYNTON, BRUCE & MARGARET R045254 PO BOX 9158 ASPEN, CO 81612 239319111006 94 PRIMROSE RD CARBONDALE REISMAN, TED & BORDAN, TERRY R045255 2660 PEACHTREE ROAD NW APT 21G ATLANTA, GA 30305 239319111009 107 PRIMROSE RD CARBONDALE KIRCH, DARRELL G & DEBORAH M R007133 9621 BEMAN WOODS WAY POTOMAC, MD 20854 239319111010 117 PRIMROSE RD CARBONDALE FEDERMAN, HARVEY B TRUST DTD 8/18/93 R007134 117 PRIMROSE ROAD CARBONDALE, CO 81623 239319111011 119 PRIMROSE RD CARBONDALE BAKER, BARRETT D & KRISTIN K R007135 1499 BLAKE ST SUITE 7K DENVER, CO 80202 239319111012 121 PRIMROSE RD CARBONDALE HESS, SUSAN S & ROBERT H R007136 106-B DIAMOND A RANCH ROAD EAST CARBONDALE, CO 81623 239319111013 Not available CARBONDALE PEAKS AT ASPEN GLEN HOMEOWNERS ASSOCIATION R006460 215 S MONARCH SUITE 104 ASPEN, CO 81611 239319111014 Not available CARBONDALE PEAKS AT ASPEN GLEN HOMEOWNERS ASSOCIATION R006461 215 S MONARCH SUITE 104 ASPEN, CO 81611 239319113001 16 COTTAGE DR CARBONDALE DRAKE, JOAN F R008924 0016 COTTAGE DRIVE CARBONDALE, CO 81623 239319113002 38 COTTAGE DR CARBONDALE MCMAHON, DEWARD J & CATHERINE H 2013 JOINT TRUST R008925 38 COTTAGE DRIVE CARBONDALE , CO 81623 239319113004 62 COTTAGE DR CARBONDALE BLEKA, EDWARD & JANE R008927 6 RIVA RIDGE LEMONT, IL 60439 239319113005 74 COTTAGE DR CARBONDALE SPICE, GEOFFREY & BAILEY, JACQUELYN R008928 6732 KENWOOD AVENUE DALLAS, TX 75214 239319113006 90 COTTAGE DR CARBONDALE BAGBY, WILLIAM C FAMILY TRUST R008929 241 CHIMNEY ROCK HOUSTON, TX 77024 239319113007 98 COTTAGE DR CARBONDALE BENZEL, JOHN B REVOCABLE TRUST R008930 980 E. SADDLEHORN ROAD SEDONA, AZ 86351 239319113008 106 COTTAGE DR CARBONDALE MURPHY, MARY JO R008931 106 COTTAGE DRIVE CARBONDALE, CO 81623 239319200386 Not available CARBONDALE ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R830193 PO BOX 790830 SAN ANTONIO, TX 78279 ROW Not available null Garfield County Colorado Land Explorer 200’ Buffer Garfield County Land ExplorerParcelPhysical Address Owner Account Num Mailing Address23931910202412 PRIMROSE LN CARBONDALE KATCHUK, RICHARD & LEANN H R820053 12 PRIMROSE CARBONDALE, CO 81623-889223931910202536 PRIMROSE LN CARBONDALE MORAVIAN INVESTMENTS LLC R820054 14140 VENTURA BLVD SUITE 302 SHERMAN OAKS, CA 9142323931910202646 PRIMROSE LN CARBONDALE STRASSBERG, RICHARD & PAMELA A R820055 3400 SW 27 AVENUE #1202 COCONUT GROVE, FL 3313323931910202747 PRIMROSE LN CARBONDALE YORK, DOUGLAS W R820056 602 CLIFFGATE LANE CASTLE ROCK, CO 8010823931910202837 PRIMROSE LN CARBONDALE FFRP LLC R820057 1621 CENTRAL AVENUE CHEYENNE, WY 82001239319102029Not available CARBONDALE FFRP LLC R820058 1621 CENTRAL AVENUE CHEYENNE, WY 8200123931911100592 PRIMROSE RD CARBONDALE LYNTON, BRUCE & MARGARET R045254 PO BOX 9158 ASPEN, CO 81612 239319111006 94 PRIMROSE RD CARBONDALE REISMAN, TED & BORDAN, TERRY R045255 2660 PEACHTREE ROAD NW APT 21G ATLANTA, GA 30305 239319111009 107 PRIMROSE RD CARBONDALE KIRCH, DARRELL G & DEBORAH M R007133 9621 BEMAN WOODS WAY POTOMAC, MD 20854 239319111010 117 PRIMROSE RD CARBONDALE FEDERMAN, HARVEY B TRUST DTD 8/18/93 R007134 117 PRIMROSE ROAD CARBONDALE, CO 81623 239319111011 119 PRIMROSE RD CARBONDALE BAKER, BARRETT D & KRISTIN K R007135 1499 BLAKE ST SUITE 7K DENVER, CO 80202 239319111012 121 PRIMROSE RD CARBONDALE HESS, SUSAN S & ROBERT H R007136 106-B DIAMOND A RANCH ROAD EAST CARBONDALE, CO 81623 239319111013 Not available CARBONDALE PEAKS AT ASPEN GLEN HOMEOWNERS ASSOCIATION R006460 215 S MONARCH SUITE 104 ASPEN, CO 81611 239319111014 Not available CARBONDALE PEAKS AT ASPEN GLEN HOMEOWNERS ASSOCIATION R006461 215 S MONARCH SUITE 104 ASPEN, CO 81611 239319113001 16 COTTAGE DR CARBONDALE DRAKE, JOAN F R008924 0016 COTTAGE DRIVE CARBONDALE, CO 81623 239319113002 38 COTTAGE DR CARBONDALE MCMAHON, DEWARD J & CATHERINE H 2013 JOINT TRUST R008925 38 COTTAGE DRIVE CARBONDALE , CO 81623 239319113004 62 COTTAGE DR CARBONDALE BLEKA, EDWARD & JANE R008927 6 RIVA RIDGE LEMONT, IL 60439 239319113005 74 COTTAGE DR CARBONDALE SPICE, GEOFFREY & BAILEY, JACQUELYN R008928 6732 KENWOOD AVENUE DALLAS, TX 75214 239319113006 90 COTTAGE DR CARBONDALE BAGBY, WILLIAM C FAMILY TRUST R008929 241 CHIMNEY ROCK HOUSTON, TX 77024 239319113007 98 COTTAGE DR CARBONDALE BENZEL, JOHN B REVOCABLE TRUST R008930 980 E. SADDLEHORN ROAD SEDONA, AZ 86351 239319113008 106 COTTAGE DR CARBONDALE MURPHY, MARY JO R008931 106 COTTAGE DRIVE CARBONDALE, CO 81623 239319200386 Not available CARBONDALE ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R830193 PO BOX 790830 SAN ANTONIO, TX 78279 ROW Not available null List of Property Owners within 200’ of Parcel # 2393-191-02-024 Cont. List of Mineral Owners of Parcel # 2393-191-02-024 Neva M. Chuc 9663 Highway 82 Carbondale, CO 81623 Vicinity Map Search of Mineral Owners of Parcel # 2393-191-02-024 Based on the plat plan, “Final Plat Aspen Glen Filing #2,” the mineral owners of Aspen Glen in 1996 are listed on the bottom left corner. Starting with those names, Casey Law- rence of Garfield County Assessor’s Office directed me to plat data search in Clerk and Recorder’s Office. Of the names listed on the plat plan, only Ms. Neva M. Chuc has maintained the min- eral ownership, inherited from her deceased husband, Leonis P. Chuc. The others have sold or relinquished their mineral ownership to Shannon Oil Company in the 1950s and 1960s. Under plat data search on Shannon Oil Company, besides many records of obtaining mineral ownership from private parties, there is no other information on the company. Its existence in the present is unknown. Casey Lawrence then suggested searching for Shannon Oil Company under Colorado Secretary of State Business, Trade Marks, and Trade names. Four results came up: - Shannon Oil Co., formed in 1984, status is delinquent. - Shannon Oil Co., LLLP, formed in 1984, status is delinquent. - Shanon Oil Co., formed in 2014, status is expired. - Ann Shannon Oil & Gas, LLC, formed in 2005, status is good standing. It is difficult to say if these entities are related or descendant from the Shannon Oil Company acquiring the mineral ownership in the mid-century. Of the 4 results, only Ann Shannon Oil & Gas, LLC, is in good standing. Current List of Mineral Owners of Parcel # 2393-191-02-024 Neva M. Chuc 9663 Highway 82 Carbondale, CO 81623 Possible Mineral Owner of Parcel # 2393-191-02-024 Ann Shannon Oil & Gas, LLC 555 17th St., Ste 1400 Denver, CO 80202 Waiver Request Richard and Leann Katchuk (the applicants) would like to request a waiver of Submis- sion Requirements per Section 4-203 Improvements Agreement. The applicants have provided an updated survey conducted by a Colorado licensed Land Surveyor. Waiver of submission requirements on the documents by the Civil Engineer, Geologist, Wild Life Expert, Water Supply Expert, and Vegetation Management Profes- sional is requested. The property is located within the 1/2 Acre Residential Zone District. The proposed building envelope amendment enlarges the envelope to the west along Bald Eagle Way. A review of the setbacks within Aspen Glen PUD 1/2 Acre Residential Zone District re- quire a 25’ setback for corner lots along the side yard. Based on representations regard- ing the proposed layout of the home, it appears that the side where the enlargement is to occur can be considered a side yard abutting public/private street. It has been repre- sented that the building envelope would be extended to this 25’ setback line. The en- largement of the building envelope along this side does not appear to encroach on any known utility, drainage, rights-of-way or other easements. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific require- ments of this Code. Compliance with Land Use Code Article 7 Division 1, 2, and 3 Division 1. General Approval Standards 7-101. Zone District Use Regulations. The property is located within the 1/2 Acre Residential Zone District. The proposed build- ing envelope complies with the setbacks outlined in 1/2 Acre Residential Zone District. 7-102. Comprehensive Plan and Intergovernmental Agreements. The proposed change complies with Garfield County Comprehensive Plan. 7-103. Compatibility. The nature, scale, and intensity of the proposed building envelope are compatible with adjacent land uses. 7-104. Source of Water. The proposed building envelope will have the same water supply to serve the property. 7-105. Central Water Distribution and Wastewater Systems. The same water distribution system and wastewater system are adequate to serve the property with proposed building envelope. 7-106. Public Utilities. The proposed building envelope does not encroach on the existing easement, drainage, or utility boxes. 7-107. Access and Roadways. The proposed building envelope does not alter the use of existing access and roadways. 7-108. Use of Land Subject to Natural Hazards. This property is located in Aspen Glen. Any potential effects of hazardous site conditions that existed at the time of development would remain the same. 7-109. Fire Protection. The proposed building envelope does not change the primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. Division 2. General Resource Protection Standards. 7-201. Agricultural Lands. Proposed building envelope does not change the current compliance to resource protec- tion standards on agricultural lands. 7-202. Wildlife Habitat Areas. Proposed building envelope does not change the current compliance to resource protec- tion standards on wildlife habitat areas. 7-203. Protection of Waterbodies. Proposed building envelope does not change the current compliance to resource protec- tion standards on protection of waterbodies. 7-204. Drainage and Erosion. Proposed building envelope does not encroach on existing drainage and run-off. 7-205. Environmental Quality. Proposed building envelope does not change current air quality. Any future construction materials will be stored and used in compliance with applicable State and Federal hazard- ous materials regulations. 7-206. Wildlife Hazards. Proposed building envelope does not change the current compliance to resource protec- tion standards on Wildfire Hazards. The new roof in the addition will be made of noncom- bustible materials. 7-207. Natural and Geologic Hazards. Proposed building envelope does not affect the current compliance to natural and geolog- ic hazards. 7-208. Reclamation. Compliance with resource protection standards on reclamation of disturbed areas shall be enforced during and after construction. Compliance with Land Use Code Article 7 Division 1, 2, and 3 Compliance with Land Use Code Article 7 Division 1, 2, and 3 Division 3. Site Planning and Development Standards. 7-301. Compatible Design. The new addition design is compatible with existing character of the subdivision. The operations of activities on site will be managed in compliance with the subdivision policy to avoid nuisances to the community. 7-302. Off-Street Parking and Loading Standards. Minimum of 2 off-street parking is available on Primrose Lane, though there is parking space available on site. Loading of building materials will be received on site. The pro- vision and maintenance of off-street parking and loading spaces will be provided by the property owner and general contractor. 7-303. Landscaping Standards. Landscaping will be consistent with the character of the existing landscaping as well as the subdivision. Parking and outdoor storage will not take place within landscaping. 7-304. Lighting Standards. Any new exterior lighting will match the existing exterior lighting, which is downcast and shielded in a translucent canopy, set at 7’-0” from the ground. 7-305. Snow Storage Standards. Exempt. 7-306. Trail and Walkway Standards. Proposed building envelope and new addition does not affect the current compliance to trail and walkway standards. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: GW63013038 Property Address: 12 PRIMROSE LANE, CARBONDALE, CO 81623 1. Effectlve Date: 0710612018 at 5:00 P.M. 2. Policy to be lssued and Proposed Insured: "ïBD" Commitment Proposed lnsured: A BUYER TO BE DETERMINED 3. The estate or interest ln the land described or referred to ln this Commitment and covered herein ls: A Fee Simple 4. Tltle to the estate or lnterest covered hereln ls at lhe effect¡ve date hereof vested in: RICHARD F. KATCHUK AND LEANN H. KATCHUK 5. The Land referred to in thls Commltment is descrlbed as follows: $0.00 LOT GV1 ASPEN GLEN FILING NO.2 ACCORDING TO THE PLAT THEREOF RECORDED JULY 15, 1997 AS RECEPTION NO. 510975. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2018 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. n 44!_&lç4t! $!$_ïLr_u ^ss(lclÂT¡ùNffi ALTA COMMITMENT Old Republic NationalTitle lnsurance Gompany Schedule B, Part I (Requ¡rements) Order Number: GW6301 3038 All of the following Requirements must be met: This proposed lnsured must not¡fy the Company in wr¡t¡ng of the name of any party not referred to in this Commitment who w¡l¡obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured, Pay the premiums, fees, and charges for the Policy to the Gompany. Documents sat¡sfactory to the Company that convey thê T¡t¡e or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records, NOTE:ADDITIONAL REQUIREMENTS OR EXCEPT¡ONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. RELEASE OF DEED OF TRUST DATED JANUARY 05,2012 FROM RICHARD F. KATCHUK AND LEANN H. KATCHUKTO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF VECTRA BANK COLORADO, NATIONAL ASSOCIATION TO SECURE THE SUM OF $31O,OOO.OO RECORDED JANUARY 25, 2012, UNDER RECEPTION NO.813683. 2. WARRANTY DEED FROM RICHARD F. KATCHUK AND LEANN H. KATCHUK TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAV¡T AND AGREEMENT AT CLOSING. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule B, Part ll (Exceptions) Orde¡ Number: GW63013038 This commitment does not republ¡sh any covenants, condition, restrlction, or limitation contained in any document referred to ln this comm¡tment to the extent that the speclfic covenant, conditionso restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender ldentity, handlcap, familial status, or natlonal origln. 1. Any facts, rights, interests, or claims thereol, not shown by the Publlc Records but that could be ascertained by an inspectlon of the Land or that may be asserted by persons ln possesslon of the Land. 2. Easements, liens or encumbranceso or clalms thereofn not shown by the Public Records. 3. Any encroachment, encumbrance, vlolation, variatlon, or adverse circumstance affect¡ng the Tltle that would be disclosed by an accurate and complete land survey of the Land and not shown by the Publlc Records. 4. Any lien, or right to a lien, for services, labor or materlal heretofore or hereafter furnished, lmposed by law and not shown by the Publlc Records. 5. Defectso llens, encumbrances, adverse claims or other matters, if any, created, first appearing in the publlc records or attaching subsequent to the effectlve date hereof but prior to the date ol the proposed insured acqulres of record for value the estate or interest or mortgage thereon covered by th¡s Gommltment, 6. (a) Taxes or assessments that are not shown as exlsting llens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedlngs by a public agency that may result in taxes or assessments, or notlces of such proceedings, whether or not shown by the records of such agency or by the Publlc Records. 7. (a) Unpatented mining claims; (b) reservations or excepllons in patents or in Acts authorizing the issuance thereof ; (c) water rlghts, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXÏRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894 IN BOOK 12 AT PAGE 332. ALTA COMMITMENT Old Republic NationalTltle lnsurance Company Schedule B, Part ll (Exceptions) O¡der Number: GW63013038 9. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTTON NO. 92-056 RECORDED JUNE 29, 1992 lN BOOK 835 AT PAGE 30ã. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO.94-OO8 RECORDED FEBRUARY 02, 1994IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-OO4 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64. G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 ¡N BOOK 966 AT PAGE 682. H. RESOLUTION NO, 96.07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO.96.26 RECORDED MAY 09, 1996IN BOOK 977 Al PAGE 399. ALTA COMMITMENT Old Republic NationalTitle Insurance Gompany Schedule B, Part ll (Exceptions) Order Number: GW630l3038 10. RESTRICTIVE COVENANTS, WH]CH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STAÏUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARAT¡ON RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26,1997IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 rN BOOK 1053 AT PAGE g, FOURTH SUPPLEMENTAL DECLARATTON RECORDED FEBRUARY 10, 1998 rN BOOK 1053 AT PAGE 30, FTFTH SUPPLEMENTAL DECLARATTON RECORDED MAY 01, 1998 rN BOOK 1065 AT PAGE €90, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22,1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17,2OOO IN BOOK 1197 AT PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARAÏION RECORDED MAY 08, 2OO3 IN BOOK 1467 A1 PAGE 910, AND FIRST AMENDMENT RECORDED OCTOBER 30, 2OO3 IN BOOK 1533 AT PAGE 735, AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21,2OO4IN BOOK 1649 AT PAGE egl-. 11. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTA]NED IN TNSTRUMENT RECORDED APRIL 06, 1995 lN BOOK 936 AT PAGE 444. 12, TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314. 13. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENTAS CONTAINED IN INSTRUMENT RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 149. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN FILING NO. 1 RECORDED APR]L 06, 1995, UNDER RECEPTION NO.476330. 15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN FILING NO. 2 RECORDED JULY 15, 1997, UNDER RECEPTION NO. 510975, AND PLAT RECORDED MARCH 13,20007 UNDER RECEPTION NO.718915. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule B, Part ll (Exceptions) Order Number: GW63013038 16. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILIW, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINEÞ IN INSTRUMENT RECORDED MARCH 23,2007,IN BOOK 1905 AT PAGË 523. 17. TERMS, CONDIT¡ONS AND PROVISIONS OF BYLAWS RECORDED MARCH 23,2OO7IN BOOK 1905 AT PAGE 577_.