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Home My WebLink About1.0 ApplicationATTORNEYS & COUNSELORS Al LAW RICHARD Y. NEILEY JR. November 19, 2018 Via Hanoi Delivery Glenn Hartmann, Principal Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: 4412-4418 County Road 154, Parcel ID No. 2185-363-13-001 File No. CICA-09-18-8683 Dear Glenn: This letter is in response to your email of November 9, 2018 regarding the above -referenced property. I am submitting herewith an Application form for Amendment to the Neiley/Maniscalchi Subdivision Exemption Plat recorded May 7, 2013 as Reception No. 834944. The reason for the Amendment is that the Settlement Agreement and Release and Bargain and Sale Deeds we entered into and exchanged with RFTA resulted in a very minor change to the description of a portion of the northeast boundary to the property. The Settlement Agreement and Release that attaches the Bargain and Sale Deeds was recorded September 4, 2018 as Reception No. 911340. The revised legal description for the property is appended hereto as Exhibit A. I concur that a Plat Amendment can be accomplished by the combined recording of a Condominium Map and Amended Plat of the Neiley/Maniscalchi Subdivision Exemption. I will have my surveyor prepare the combined map/amended plat and submit it to you for review as promptly as possible. I will also prepare draft plat notes for review by you and Kelly Cave. I also enclose herewith as Exhibit B a current Title Commitment for the property. Please note that the Title Commitment covers the entire property. Upon approval of the combined Condominium Map and Subdivision Exemption Plat, the property will be described by reference to that recorded document. Until then, the Title Commitment describes the entire property and all exceptions to title. Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 230 • Aspen, CO 81611 • 970-925-9393 Glenn Hartmann November 19, 2018 Page 2 I previously submitted to you the Settlement Agreement and Release and Bargain and Sale Deeds that were recorded to resolve the boundary dispute with RFTA. If you need another copy of those documents, please let me know. Thank you for your attention to this matter. Vey truly yours, Y LAW FIRM, LLC ichard Y. Neiley, Jr. Attachments Garfield County RECEIVEl lmunity Development Department 108 8th Street, Suite 401 NOV 2 0 2011Glenwood Springs, CO 81601 d RFIELD wort (970) 945-8212 cowmawervosieumww.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVIS1ON/EXEMPTION Jowl O Minor Subdivision Major Subdivision ❑ Preliminary Plan Amendment —N9 Final Plat Amendment O Sketch ❑ Preliminary 0 Final O Common Interest Community Subdivision Conservation Subdivision ❑ Public/County Road Split Exemption O Yield ❑ Sketch 0 Preliminary 0 Final O Rural Land Development Exemption O Time Extension INVOLVED PARTIES Owner/Applicant • c, Name: ` \CA&C • 14\ki. C '(• () Mailing Address: 1 ZD0 I C '51_ F . 1 City: rsA-PMI&-e)61. 5 (? t �State: Cfp Zip Code: 57_1 490 I E-mail: 'v1V\6 'P�-� S1�SS l5 ,vlQ,k �y Ct6K ,` 1Aeb letiLtAJO Representative (Authorization Required) Name: `14--_._ Phone: Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: \ I .TD1C-kr–V-43r►vlit lw>lutVIs? Nei [Q9 lAkattlic.fsSau Assessor's Parcel Number: QZ ) 7 5- - a- - , - r 1 ''.'►-L A " ,lam, � Physical/Street Address: "t`C `Z� , �, _+-o-Ak �1 �Legal Description: VQ ID bcM ( NtL V\AKA1,6C.A..1aA.i .k .j)4.t cry 0/c f,2& 1 i3 91* Zone District: S' Property Size (acres): a 7 �2C1 .s Project Description, Existing Use: _ - . i� i ,) V +_ 1 1 ■ • . �, O Ck_ir‘ . 1.1 • \1 151A Q,(A 1 CilieKi s 146' PI L9(0 Proposed Use (From Use Description of Project: Table 3-403): ..XVILQ . l 40 c(Acxv t. ., , G1/104treaj &R,hc"ItRI---1 -I-- ck itik.g 'R I A ‘c-tWo (1 -wood reposed Development Area # of Lots # of Units _all Parking Land Use Type Acreage Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section. I have read the statements abo e : nd have provided the required attached information which is correct and accurate to the best of ■ nowledge. re of Property Owner Date [-OFFICIAL USE ONLY File Number: f E- f t V u Fee Paid: $ f 00 . 01) EXHIBIT A LOT 1 PROPERTY DESCRIPTION A TRACT OF LAND SITUATED IN LOT 3, SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF THE NEILEY/MANISCALCHI SUBDIVISION EXEMPTION ACCORDING TO THE PLAT RECORDED MAY 07, 2013 AS RECEPTION NO. 834944 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 36, A BLM BRASS CAP IN PLACE BEARS SO4°29' 17"W A DISTANCE OF 705.92 FEET; THE POINT OF BEGINNING; THENCE N04°17'57"E ALONG THE WESTERLY BOUNDARY OF SAID LOT 1 A DISTANCE OF 47.94 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE ROARING FORK TRANSIT AUTHORITY RED CANON SEGMENT AS SHOWN ON THE MAP PREPARED BY FARNSWORTH GROUP DATED DECEMBER 05, 2008 AND RECORDED UNDER DEPOSIT NO. 784 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY N04°17'57"E A DISTANCE OF 59.62 FEET TO A POINT ON THE 50 FOOT PARALLEL OFFSET NORTHEASTERLY FROM SAID ROARING FORK TRANSIT AUTHORITY RIGHT-OF- WAY; THENCE LEAVING SAID WESTERLY BOUNDARY S52°41'54"E ALONG SAID 50 FOOT OFFSET A DISTANCE OF 318.59 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID RED CANON SEGMENT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S52°41'54"E A DISTANCE OF 179.47 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 1; THENCE LEAVING SAID RIGHT-OF-WAY S89°49'38"W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 202.71 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 154; THENCE LEAVING SAID SOUTHERLY BOUNDARY N43°18'00"W ALONG SAID RIGHT-OF- WAY A DISTANCE OF 173.87 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY N50°10'00"W A DISTANCE OF 107.17 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINING 0.945 ACRES MORE OR LESS. EXHIBIT B Stewart title Rear tners, Reel possibif1itJes.TM Stewart Title Company 207 Basalt Center Circle, Ste 202 Basalt, CO 81621 Date: November 14, 2018 File Number: 165182 Property Address: 4416 County Road 154, Glenwood Springs, CO 81601-9668 Buyer/Borrower: Sean Patrick Tankersley and Elia Kristina Pfaff Revision Number: C5 Sean Patrick Tankersley Elia Kristina Pfaff Delivery Method: Emailed Richard Y. Neiley Jr. Maria E. Maniscalchi Delivery Method: Emailed TBD Please direct all Closing inquiries to: Kate Staskauskas Phone: (970) 927-7644(970) 927-7644 Email Address: kate.s@stewart.com Attn: Phone: Fax: E -Mail: Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. 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 NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part 11 - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Autho zed Countersignature Stewart Title Company 207 Basalt Center Circle, Ste 202 Basalt, CO 81621 Matt Morris President and CEO Denise C . rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA(0 Commitment for I itle Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part 1l - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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.: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 AMERICAN LA NO TITh AMSOCIAI W H COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11- Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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 : 165182 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 AMERICAN LAND TITLE ASSOCIATION (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at<httq:f/www.alta.orglarbitration>. STEWART TITLE GUARANTY COMPANY 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 77252-2029. This page is only a part of a 2016 ALTA(' Commitment tor title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part 11- Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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.: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Issuing Office: ALTA® Universal ID: Loan ID Number: Commitment Number: Issuing Office File Number: Property Address: Revision Number: Stewart Title Company 207 Basalt Center Circle, Ste 202, Basalt, CO 81621 0514917061 165182 165182 4416 County Road 154, Glenwood Springs, CO 81601-9668 C5 1. Commitment Date: November 6, 2018 at 8:00AM 2. Policy to be issued: (a) ALTA Owner's Extended Proposed Insured: Sean Patrick Tankersley and Elia Kristina Pfaff (b) ALTA Loan Short Form Residential Proposed Insured: TBD Proposed Policy Amount 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. Title to the said estate or interest in the Land is at the Commitment Date vested in: Maria E. Maniscalchi and Richard Y. Neiley, Jr. 5. The Land is described as follows: See Exhibit "A" Attached Hereto $317,000.00 $253,600.00 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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 Na: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 5 1.11 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 165182 Lot 1, NEILEY/MANISCALCHI SUBDIVISION EXEMPTION PLAT, according to the Plat recorded May 7, 2013 as Reception No. 834944, EXCEPT THAT PORTION as conveyed in Bargain And Sale Deed attached as Exhibit B of that certain Settlement Agreement recorded September 4, 2018 as Reception No. 911340, AND TOGETHER WITH THAT PORTION conveyed in Bargain And Sale Deed attached as ExhibitA of that certain Settlement Agreement recorded September 4, 2018 as Reception No. 911340, County of Garfield, State of Colorado. NOTE: Upon recordation of sufficient Condominium Map required in Schedule B, Section 1 herein, the policy, when issued, will insure the following legal description: Unit 3, BLACK RIDGE CONDOMINIUMS, According to the Condominium Map recorded (_) as Reception No. (_) and the Condominium Declarations recorded (_) as Reception No. (_), County of Garfield, State of Colorado. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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.: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 5 AMERICAN LAND TITLE ASSOCIATION .�v� N ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 165182 Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment of any and all assessments and expenses which may be assessed to the property. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 7. Recordation of the Condominium Declarations. 8. Recordation of the Plat Map for Black Ridge Condominiums. 9. Release by the Public Trustee of the Deed of Trust from Maria E. Maniscalchi and Richard Y. Neile Y, Jr. for the use of Wells Fargo Bank, NA to secure $455,000.00, recorded September 27, 2005 in Book 1729 at Page 986 as Reception No. 683090. 10. 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). 11. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded January 5, 2010 as Reception No. 780152. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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.: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 5 AMERMCAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 165182 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Any and all unpaid taxes and assessments and any unredeemed tax sales. 3. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 4. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 9, 1952 in Book 267 at Page 129 as Reception No. 181181. Further reserving, also, to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat., 755), all uranium, thorium or any other material which is or may be determined to be particularly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land an prospect for, mine and remove the same. 5. Right of way, 60 feet in width, known as Old State Highway No. 82 and the County Road crossing the Roaring Fork River as shown in Deed December 29, 1914 in Book 100 at Page 6 as Reception No. 51751, and in various other Deeds of Record. 6. Rights and reservations as contained in Warranty Deed recorded December 22, 1962 in Book 345 at Page 115 as Reception No. 219176, and recorded March 8, 1963 as Reception No. 220654, and any and all assignments of record, or otherwise, thereof, or interests therein. 7. Right of Way Easement recorded October 29, 1964 in Book 361 at Page 476 as Reception No. 227424. (insofar as to how it may affect subject property) 8. Affidavit Re: Boundary Line Adjustment, recorded December 31, 2008 as Reception No, 760784, Amendment recorded February 25, 2013 as Reception No. 831834. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule R, Part I - Requirements; and Schedule B, Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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.: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 4 of 5 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 9. All Matters shown on the Neiley / Maniscalchi Subdivision Exemption Plat recorded May 7, 2013 as Reception No. 834944. 10. Right of Way for County Road 154. 11. Condominium Declarations for Black Ridge Condominiums recorded TBD as Reception No. TBD. 12. All matters as shown on the Condominium Map of Black Ridge Condominiums, recorded TBD as Reception No. TBD. 13. Settlement Agreement and Release recorded September 4, 2018, as Remotion No. 911340. 14. Resolution No. 02 Series of 2018 recorded October 31, 2018, as Reception No. 913642. NOTE: Exceptions 2 and 5 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 5 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 3 and 4 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 1 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. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule R, Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AH other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 165182 ALTA Commitment For Title Insurance 8-1-16 Page 5 of 5 A MERLCAN LAN U TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 165182 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: OTP: Developer Rate 2006 Owner's Policy: $527.00 Owner's Extended Coverage $65.00 LTP: Concurrent Bundled 2012 Loan Policy: $400.00 CO Form 100: Included ALTA Form 8.1-06: Included ALTA Form 4.1-06: Included STG Prior Deeds End: Included Tax Certificate: Included This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule PM' a+ - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. HEMMER AMERICAN LAND TITLE Copyright 2006-2016 American Land Title Association. All rights reserved. AMsocIArloN The use of this Form (or any derivative thereof) 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.: 165182 ALTA Commitment For Title Insurance 8-1-16 DISCLOSURES File No.: 165182 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTYASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, 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 Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or freed 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. Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate, [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you request insurance -related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No : 165182 Revised 11-19-2013 111114/11M If X11/641,111gliV1111 11101 Reception#: 923842 10/31/2019 12:02:34 P11 Jean Alber}eo 1 of S Ree Fee:70.00 Doe Fee:0.00 GARFIELD COUNTY CO RESOLUTION NO. 02 Series of 2018 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY APPROVING A VARIANCE FROM THE MINIMUM LOT SIZE PER DWELLING UNIT FOR PROPERTY LOCATED AT 4412 COUNTY ROAD 154, APPROXIMATELY 4 MILES SOUTH OF GLENWOOD SPRINGS, IN SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6a' P.M., GARFIELD COUNTY PARCEL NO# 2185-363-13-001 Recitals A. Richard Neiley and Maria Maniscalchi .(Applicants) made an application to the Board of Adjustment of Garfield County, Colorado, (the `Board") requesting the Board grant a variance from the Land Use and Development Code, as amended (LUDC), Minimum Lot Size per dwelling unit in the Residential Suburban Zone District (RS), as related to review criteria contained in Section 5- 306(C)(1)(a) for Common Interest Community (Condominium) Subdivision. B. The Applicants are the owners of the real property known as Lot 1, Neiley Maniscalchi Subdivision Exemption, according to the Plat recorded at Reception No. 4834944 with the Office of the Garfield County Clerk & Recorder. C. The subject property is zoned Rural (R), pursuant to the LUDC and issuance of the requested variance will not affect the requirement that the parcel complies with the remaining zone district standards contained within the LUDC. D. The Applicants request the Board grant a variance from the Land Use and Development Code, as amended (LUDC), Minimum Lot Size per dwelling unit in the Residential Suburban Zone District (RS), as related to review criteria contained in Section 5-306(C)(1)(a) for Common Interest Community (Condominium) Subdivision. The variance will allow for the existing 4 units located on the 0.974 acre (42,253 sq.ft.) lot to apply for condominium subdivision as shown on the site plan attached as Exhibit A. E. Garfield County is a legal and political subdivision of the State of Colorado, for which the Board of County Commissioners is authorized to act. F. The Board of County Commissioners of Garfield County has appointed the Garfield County Board of Adjustment. G. The Board conducted apublic hearing on June 25, 2018, upon the question of whether the requested variance should be approved, denied, or whether any action should be taken on this matter, during which hearing the public and interested persons were given the opportunity to express their 1 6 opinions regarding the request. UrifirtiJlllitilii4irinkte1111 IVIII' O,111i! Recept l on#1: 813642 10/3112018 12:02.34 P!1 Jean Alberloo 2 of 6 Rep Fee:S0.00 Doc Fete: .08 GARF1ELD COUNTY CO H. The Board closed the public hearing on the 25th day of June, 2018 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of Adjustment. 2. The hearing before the Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the Neiley and Maniscalchi application for a variance from the minimum lot size per unit for the RS Zone District, in association with Condominium Subdivision Standards in Section 5-306(C)(1)(a) submitted by Richard Neiley and Maria Maniscalchi is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including the Variance Review Criteria contained in Section 4-115 (C). RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Richard Neiley and Maria Maniscalchi Variance Request is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval. 2. That the variance is granted to allow a reduction in the minimum lot size for the purpose of any future Condominium Subdivision approving a minimum lot size of 10,563 sq.ft. per unit, the existing condition of the property or the minimum lot size reflected in any settlement of 2 11i1 IMMO MiLuiLeiman 11111 Recept i anl1: 913542 10131120t0 12:02.34 PM Jean AlOerica 3 of 5 Reo Foa:$0.00 Dee Fo0:0.E10 GARFIELD COUNTY CO ownership/right-of-way issues with the RFTA, provided said settlement maintains at least 7,500 sq.ft. per unit. Based on this variance approval the existing units will no longer be preexisting non -conforming due to lot size. 3. That the variance is granted for the existing "A" Frame units on the property, any upgrades or modification to the units shall comply with building permit requirements and the Nonconforming Land Use and Structure regulations as in effect at that time in the Land Use and Development Code. 4. Any new construction on the existing "A" Frame Structures shall comply with all Building Code requirements including any foundation requirements, life safety requirements including but not limited to smoke detectors, CO2 detectors, and exiting requirements. Building permits will include confirmation acceptable to the Building Department that the OWTS is operating properly and is adequate to serve the 4 units. 5. Any future building permits and Condominium Subdivision Applications shall address the following conditions: a. Prior to the issuance of any future building permits on the property associated with this variance approval and prior to any subdivision of the property associated with this variance approval, the Applicant shall resolve any encroachment or property line issues with the RFTA to the satisfaction of the County Attorney's Office, shall meet all title certificate and plat requirements to ensure that the Applicant owns all property as shown on the plat or building permit site plan. b. That any future Condominium Subdivision application and related condominium documentation shall include provisions whereby any unit that is destroyed shall be permitted to rebuild the same unit on the property in a revised location generally consistent with the Applicant's site plan and condominium plat, that demonstrates compliance with all setback requirements including rear yard setbacks. Dated this 25111 day of June, A.D. 2018. ATTEST: GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COLORADO Matt Langhorst — Brad Jorc Vice Chairman Chairman 3 111 INFAVEldfatiViriA 41.4,1 ICIMIVih ii 11 111 Reception#' 913642 l0/31J2UI8 12:02:30 PM Jean AlaorSco 4 o1 6 Roc Foo:$0.00 Doc For:0.00 ciRFIELD COUNTY CO Upon motion auly mane and seconded the foregoing Resolution was adopted by the following vote: BRAD JORDAN, CHAIRMAN SEAN MELLO, SECRETARY (absent) JARMAN SMITH MATT LANGHORST, VICE-CHAIRMAN DANIEL ADAMS RICK LILLOM RUSSEL TALBOT (absent) DWIGHT JUHL fabsent) STEVEN BOAT (absent) , Aye , Aye , Aye , Aye Aye 4 1111111111111FATIMPIN 11 DI Reception##: 913642 DI31120is 12:O2134 PM Jean flbarice ad 6 Re0 Fee:SO.00 Don Faa:0.00 CARFIELD COUNTY CO EXHIBIT B (Site Plan — Draft Condominium Map) • OONDOMEII ,lb11,IAP BLACK BRIDGE CONDOMINIUMS A COMMON 11.- j' COMMIT LOT 1. MILEY IMAA'ISCALC111 SUBDIVISION ECEMP7ION ACCORDING TO THE PIAT RECORDED MAY 7, 2013 AS RECEPTION NO. 834944 COEDIT OF GARFIELD. STATE OF COLORADO • N. GUM: Icsu ="'• . »=:te- J 5