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Home My WebLink About1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfleld-county.com 1 TYPE OF SUBDIVISION[EXEMPTION D Minor Subdivision I M ajor Subdivision D Sketch □ Preliminary □ Final Co nservatio n Subdivisio n l O Yield □ Sk etch □ Pre limi nary □ Final D Time Extension INVOLVED PARTIES Owner/Applicant Name: Martin Hoffman I Malling Address: 6909 East Archer Place city: Denver DIVISIONS OF LAND APPLICATION FORM D Preliminary Plan Amendment @ Final Plat Amendment D CoElmon Interest Commu ni ty Subdivision_ D Pu blic/Co unty Road Split Exem pt ion D Rural ~nd Deve!9._pmen t Exem pt io n Phone: ( 505 ) 699 6640 State: CO Zip Code: _8_0_2_3_0 ____ _ E-mail :, ____________________________ _ Representative (Authorization Required) Name: Michael Edinger Phone:(~) 331-9211 Mailing Address : 108 Diamond A Ranch Road City: Carbondale State: CO Zip Code: _8_1_6_2_3 ____ _ E-mail : michael@aliusdc.com PROJECT NAME AND LOCATION Project Name: Hoffman-Goodrich Residence Assessor's Parcel Number : various _ -_________ _ Physical/Street Address: _T_B_D _____________________ _ Legal Description: Lots SD-21 and SD-23 Aspen Glen F iling No. 4 Zone District: _P_U_D ____________ Property Size (acres): _1_+ _____ _ 2sC\ 3-'-°'-t.....-\7-.--aL \ '2.."SG\~ -\ C\?.....-\7_-01.. s !-Project Description ___ _ Existing Use: Two existing single family resldenllal lots Proposed Use (From Use Table 3-403): _s_in_gI_e _Fa_m_ll_yR_es_id_e_n1_Ia_I _______________ _ Description of Project: Two existing single family residential lots are being combined via amended plat into one single family residential lot for the construction of a single family residence. Proposed Development Area _!._and Use Type # of Lots Single F11 mily 2 ~~p~~ Multi-Fa ",!ily Commercial t Industrial Op_!_n Space Other Total r REQUEST FOR WAIVERS Submission Requirements # of Units Acre !ge +/-.5 Parking -+------ l 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List : Section: Improvements agreement (see request) Section: ______________ _ Section : ______________ Section : ______________ _ Waiver of Standards LI The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________ Section: ______________ _ Section: ______________ Section: ______________ _ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 02/10/2019 Signature of Property Owner Date I OFFICIAL USE ONLY _____ _ File Number: f P A A-.Bl l.. 5 Fee Paid:$ I ()0 · oa ., ---,. --~ --- I l --. -- Project Narrative 01/10/2019 Project: Lots 21 /23 Aspen Glen Subject: Project Narrative To: Claire Dalby By: Michael Edinger Claire, ® AL I U ½ The purpose of this application is to merge two lots within the Aspen Glen Subdivision into one lot for the purpose of construction a new single family residence. Once a new, single lot of approximately 1 + acres is created a new residence with be designed and constructed in accordance with the governing codes of Garfield County. Alius Design Corps LLC By: Michael Edinger, its President ALIUS DESIGN CORPS LLC I ASPEN, CO 1719.331 .92111MICHAEL@ALIUSDC.COM cE{ Garfield County Community Development Department 108 8 th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TAX PARCEL NUMBER: 2393-192-12-023 2393-192-12-021 PRE-APP DATE: 10/12/2018 PROJECT: Aspen Glen Filing No. 4 Lots SD-21 and SD-23 Amended Final Plat OWNER: Carbondale Glen Lot SD-23 LLC and Carbondale Glen Sundance Ponds LLC REPRESENTATIVE: Michael Edinger PRACTICAL LOCATION: No designated address; Lots SD-21 and SD-23 of the Aspen Glen Subdivision ZONING: Aspen Glen PUD I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to combine Lots SD-21 and SD-23 within the Aspen Glen Subdivision and create a new building envelope on the new larger parcel. Lot SD-21 is 0.5 acres and Lot SD-23 is 0.515 acres. Both parcels are currently vacant and are located within the ½ Acre PUD Residential Zone District. The proposal has been reviewed by the Aspen Glen Homeowners Association who has indicated their approval of the request. II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-308), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice • Table 5-401, Application Submittal Requirements Ill. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline) • Pre-Application meeting • Submittal of Application (3 copies plus one electronic) • Completeness Review • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review • Setting a date for the Directors Determination • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property • Directors Determination including any conditions • A 10 day Call-up Period after Director's Decision is made • Finalizing the Plat and satisfaction of any conditions • Circulation for Applicant/Owner and other signatures • Board of County Commissioners execution of the plat as a consent agenda item • Recording the Plat with the County Clerk and Recorder IV. SUBMITTAL REQUIREMENTS-KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: • General Application Materials o Completed application form o Completed payment agreement form o Two (2) notarized statement of authority forms designating a member of each LLC to act on behalf of the LLC and a subsequent letter of authority (un-notarized) from this representative designating Michael Edinger to act on his/her behalf. o Proof of Ownership for both parcels o Copies of both title commitments o Names and mailing addresses of property owners within 200 ft. of the properties. o Mineral rights ownership research for both parcels including any mailing addresses (see attached memo). o A narrative describing the request and related information. • Copy of the pre-application summary • A Vicinity Map • Because no public improvements are required for this project, a written waiver request from submittal of an Improvements Agreement should be requested. • The Proposed Plat showing the existing and proposed lots lines and any other changes affecting the lots. All easements need to be shown on the plat. All required certificates need to be included on the plat. 2 • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the plat amendment. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • Copies of any covenants affecting the property • The request should be consistent with all applicable provisions of Article 7 in the LUDC. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access or utility services. • Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. The Application submittal needs to include 3 hard copies of the entire Application and 1 digital PDF copy of the entire Application (on a CD or USB Stick). Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review .JL Director Decision with notice _ Planning Commission _ Board of County Commissioners _ Board of Adjustment VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit : $ 100.00 (additional hours are billed at $40.50 /hour) VII. 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. 3 PRE-APPLICATION SUMMARY PREPARED BY: October 12, 2018 Claire Dalby, Planner 4 Letter of Authorization 03/05/2019 Project: Hoffman-Goodrich Subject: Letter of Authorization To: Claire Dalby, planner Garfield County By: Martin Hoffman and Bobbie Goodrich Claire, This letter serves to clarify that Alius Design Corps LLC and its President Michael Edinger have authorization to act on our collective behalf for all manners relating to the current Land Use Application for Lots 21 and 23 in the Aspen Glen Subdivision. Thank you. Martin Hoffman Roberta Goodrich BJR=-r-=--=--w----: ~ · --:r T f I ~ ,·~ •. ---•• J • I 11 -t" l I , ' f" •, • • • :,• I Ii, ~ . - -I 1 ] • -I I .l JI ~ /-,• I I I • -. 1 L I • _ .l 1 .. l ~ I I I I I L_ --,__,;._ .L••L _._..-tai.:a. ~ ~j__ --_.11,_ -,. .J • --,-.r -.. I I -• . , -: -., . , I , SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and Martin Hoffman Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for ___________ _ Aspen Glen Lots SD-21 & SD-23 {hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. Michael Edinger (Authorized Representative) Print Name Mailing Address: 108 Diamond A Ranch Road Carbondale CO 81623 E-Mail Address: michael@aliusdc.com Phone Number: 719.331.9211 Signature Digitally signed by M • h I Michael Edinger I C a e DN: cn=Michael Edinger, o,ou, Ed . ema il=michael@aliusdc. 1 n g er ~:::~~~~-10.24 13:31 :46 -06'00' 10/19/2018 Date 8 SPECIAL WARRANTY DEED THIS DEED, mode on Oclobe1· 12, 20l8, between Carbondale Glen Lot SD-23, LLC, a Colorado limited liability company of the County of Los Angeles, and State of California, grantor, and Robc1·t11 Goodrich and Martin Hoff man, as Joint Tenants whose legal addt·ess is: 101 S Madison Street, Denver, CO 80209 of the County of Denver, and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ten dollars and othe r good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, aud by these presents docs grant, bargain, sell, convey and confim1 unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and Slate of Colorado described as follows: Lot SD-23 Aspen Glen Filing No. 4 According to the plat thereof recorded May 8, 2003 as Reception No. 626949 also known by street and number as: TOGETHER with all and singular the hereditaments and appm1emmces thereunto belonging, or in anywise appc1taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, end all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), their heirs and assigns forever. The grant .or, for itself, irs successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargajned premises in the quiet end peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, excepting from grantor's warranty all those matters described ,on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the grantor has executed this deed on the date set fonh above. e Glen Lot SD-23, LLC, a Colorado limited liability company F edc · k Chin, Chief Executive Officer of Woodbridge r p of Companies, LLC, authorized signatory for Carbondale Glen Lot SD-23, LLC, a Colorado limited liability company STATE OF CALIFORNIA ) . 11.-.u .f. ) ss. COUNTY OF /,,e,..f,,;_;,-__ ,-,,) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity orthat document. The foregoing instl'ument was acknowledged before me on October _J_, 2018, by Frederick Chin, Chief Executive Officer of Woodbridge Group of Companies, LLC, authorized signato1y for Carbondale Glen Lot SD-23, LLC, a Colorado limited liability company. WITNESS my hand and officinl seal • ·===:::.., Notary Public EXHIBIT "A" Any lien or charge on account of the inclusion of subject property in an improvement district. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the autliority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 al Page 332 . Tenns and conditions contained in easement agreements recorded February 10, 1995 in Book 931 at Page 354. Tenns and conditions contained in easement agreements recorded February 10, 1995 in Book 931 at Page 374. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 92-056 for Aspen Glen Planned Unit Development recorded June 29, 1992 in Book 835 at Page 305 . Tenns and conditions of Garfield County Board of Commissioner Resolution No. 93.121 for Aspen Glen Planned Unit Development recorded December 28, 1993 in Book 887 at Page 824. Tennsand conditions of Garfield County Board of Commissioner Resolution No. 94-008 for Aspen Glen Planned Unit Development recorded February 2, 1994 in Book 891 at Page 620. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 94-089 for Aspen Glen Planned Unit Development recorded August 9, 1994 in Book 911 at Page 791. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 96-06 for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 682 . Terms and conditions of Garfield County Board of Commissioner Resolution No. for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 686. Tenns and conditions of Garfield County Board of Commissioner Resolution No. for Aspen Glen Planned Unit Development reoorded August 20, 1997 in Book I 030 at Page 722. Terms, conditions, and all matters set forth in Development Agreement recorded recorded June 29, 1992 in Book 835 at Page 364. Covenants, conditions, restrictions, obligations and all matters which do not contain a forfeiture or reverter clause, as set forth in Declaration recorded March 23, 2007 at Reception No. 719512. Terms, conditions and provisions of Subdivider's Agreement as contained in instrument recorded April 6, 1995 in Book 936 at Page 444. Amended in instrument recorded July 11, 1996 in Book 984 at Page 697. Tenns, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded April 6, 1995 in Book 936 at Page 314. Easements, rights of way and ell matters shown on the Plat of Aspen Glen, Filing No. 4 recorded May 8, 2003 as Reception No. 626949. THIS DEED, made on October 12, 2018, between Carbondale Glen Sundance Ponds, LLC, a Colorado limited liability company of the County of Los Angeles, and Slate of California, grantor, and Roberta Good1ich and Martin Hoffman, as Joint Tenants whose legal address is : IO I S Madison Street, Denver, CO 80209 of the County of Denver, and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presenls does grant, bargain, sell, convey and confirm unto the grantee(s), their heirs and assigns forever, all the real prope11y, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lots SD-21 and SD-22 Aspen Glen Filing No. 4 According to the plat thereofrecorded May 8, 2003 as Reception No. 626949 also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appe11aining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of. in and to the above bargained premises. with the hereditaments and appurtenances; TO HA VE AND TO HOLD lhe said premises above bargained and described, with the appurtenances, unto the grantce(s), their heirs and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and eve1y person or persons claiming the whole or any part thereof, by, through or under the grantor, excepting from grantor's wammty all those matters described on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the granter has executed this deed on the date set forth above. Glen Sundance Ponds, LLC, a Colorado limited liability company rederi Chin, Chief Executive Officer of Woodbridge Gro of Companies, LLC, authorized signatory for Carbondale n Sundance Ponds, LLC, a Colorado limited liability company STATE OF CALTFORN1A ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. L " ) ss. COUNTY OF .D.S ,t:;uD-? ) The foregoing instrument was acknowledged before me on October _2_, 2018, by Frederick Chin, Chief Executive Officer of Woodbridge Group of Companies, LLC, authorized signatory for Carbondale Glen Sundance Ponds, LLC. WITNESS my hand and official seal J,-i•-•-•-•-•-•..,e..,e._e .. aa ... ,..,..1o.4 '@••;,. , MAN DANA YEDl~S10~ r_ • __ J, v/ c,..c_.~=:::===;_;:;_._=·::::::_~::• • ,···· ., Notary Public -Cal,fom,a [:_l=l::-,' • · My commission expires: ~ . '---:, .~-Los A_n~eles County ~ J Nota1y Public "'L/ -i if lJ'l 1.. ~ • ·. Comm,ss,o_n;; 2229320 My(omm, lixpires Feb 21, 2022 Any lien or charge on account of the inclusion of subject property in an improvement district. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332. Tenns and conditions contained in easement agreements recorded February I 0, 1995 in Book 931 at Page 354. Tenns and conditions contained in easement agreements recorded Februa1y I 0, 1995 in Book 931 at Page 374. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 92-056 for Aspen Glen Planned Unit Development recorded June 29, ! 992 in Book 835 at Page 305. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 93.121 for Aspen Glen Planned Unit Development recorded December 28, 1993 in Book 887 at Page 824 . Terms and conditions of Garfield County Board of Commissioner Resolution No. 94-008 for Aspen Glen Planned Unit Development recorded February 2, 1994 in Book 891 at Page 620. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 94-089 for Aspen Glen Planned Un it Development recorded August 9, 1994 in Book 911 at Page 791. Tenns and conditions of Garfield County Board of Commissioner Resolution No. 96-06 for Aspen Glen Planned Unit Development recorded Februaty 9, 1996 in Book 966 at Page 682. Tenns and conditions of Garfield County Board of Commissioner Resolution No. for Aspen Glen Planned Unit Development recorded Feb111a1y 9, 1996 in Book 966 at Page 686. Terms and conditions of Garfield County Board of Commissioner Resolution No. for Aspen Glen Planned Unit Development recorded August 20, 1997 in Book I 030 at Page 722. Tenns, conditions, and all matters set forth in Development Agreement recorded recorded June 29, 1992 in Book 835 at Page 364. Covenants, conditions , resttictions, obligations and all matters which do not contain a forfeiture or reverter clause, as set forth in Declaration recorded March 23, 2007 at Reception No. 719512. Tenns, conditions and provisions ofSubdivider's Agreement as contained in instrument recorded April 6, 1995 in Book 936 at Page 444. Amended in instrument recorded July 11, 1996 in Book 984 at Page 697. Tenns, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Opemtional Easement recorded April 6, 1995 in Book 936 at Page 314. Easements, rights of way and all matters shown on the Plat of Aspen Glen, Filing No. 4 recorded May S, 2003 as Reception No. 626949. Date: October 18, 2018 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 (970) 625-3300 Phone (970) 625-3305 Fax To: Roberta Goodrich and Martin Hoffman 101 S. Madison Street Denver, CO 80209 □ Commitment @ Title Policy □ Endorsement D Tax Certificate □ Other Property Address. TBD Sundance Trail, Carbondale Thank you for your order. Enclosed please find the following in connection with our File No.1807111-2 ANTIC: ALLIANf.NATIONAL OWNER'S POLICY OF TITLE INSURANCE ISSUED BY: ALLIANT NATIONAL TITLE INSURANCE COMPANY TITLF. INSURAHCF. COMPAHV POLICY NUMBER: I 1578976 Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, ALLIANT NATIONAL TITLE INSURANCE COMPANY, a Colorado corporation (the "Company") insures, as of Date of Polley and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated In Schedule A. 2 . Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure lo perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relallng to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivieion or land; or (d} onvlromnental protection if a nollce. descnblny any pan of th e Land, is recorded In the Public Re cords salting fortl1 the vlohillon or h1tentlon 10 enlorca, but only to the extent of the vlohitlon or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the onlorcement action, describing any part of Iha Land, is recorded in the Public Records, but only to the extent of the enforcement refem,.i to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a govornmaI1tal body lhel hos occurred and is binding on the rights of a purchaser for valu o without K nowledge. 9. Title being vested other than as stated In Schedule A or being defective (e) as a re Gui\ of the avoidance In whole or In part, or from a coul'\ ardor providing an altem;'.!tive remedy, of a transfer of all or any pen of the lltle to or any interest in the Land occurring prior to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the ins1rumenl of transfer vesting TIUe as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, stale insolvency, or similar creditors' rlglits laws by reason or \11e failure of Its recording In the Public Records (i) to be limety, or (ii) to impart notice of its existence lo a purchaser for value or to a judgment or lien creditor. 1 D. Any defect In or lien or encumbrance on the ntle or other mailer included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent lo Dale of Policy and prior to the recording of the deed or other instrument of transfer in lhe Public Records that vests Title as shovvn in Schedule A. The CoInpany will also pay th 1;1 costs , eltomeys' leos, and expenses incurred in defense of a11y matter insurad against by U1ls Policy, but only lo U1e extent provided in the Conditions. IN WITNESS WHEREOF, ALLIANT NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the company. Counlersig ned : Commonwealth Title Company of Garfield County, Inc. 127 East 5th St. Rifle, CO 81650 av : _____ ,_/_1 _:' ,_· !_:;_; ·._, 1_:_:_!...;.( __ '_J_) ___ ·_'/_!_1_1_1 _','_i_Jr_:'_[_l _________ _ Authorized Agent or Officer AL TA Owner's Policy of Tille Insurance (0-17-06) with Colorado modification ANTIC# 1043 File/GF #: 1807111 Page 1 ALLIANT NATIONAL TITLE INSURANCE COMPANY Qo.~ By ; Pro~icbnt Attest Secretary Copyright 2006-2009 American L~nd Title As$o~iallon. All rights reserved . 111 "",, , , Ti to u,o of lh1s Form Is reslncled lo ALTA llcel)Soos and ALTA mnmllers, "" ,,. " in good standing as of !he dale ol use. All other uses "'" prohibiled. '""',,,,., Reorlnled under license lrom Uoe American Lanli Tille Association. • .xt~. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permll. 01 yuve111111ental regul11tion (including thoco rel.3ting to building and zonino) rA"-trir.ting, rP.{JUlatlng, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (ill) the subdivision or land; or (iv) environmental protection; or the effect or any violation or these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Righ ts of eminent domain. This Exclusion does not modify or limit th e coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed , or agreed lo by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to lhe Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant: (d) allachlng or created subsequent lo Date of Polley (however, this does not modify or limit lhe coverage provided under Covered Risk 9 and 1 O); or (e) resulting In loss or dama(JP. that would not have been sustained If the Insu red Claimant had paid value for the Title. 4. Any claim, by reason of the operaUon of federal bankruptcy, stale Insolvency, or similar creditors' rights laws, that the l ransactlon vesting the Title as shown in Schedule A, is (a) a lraudulenl conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5 . Any lien on the Tille for real estate ta xes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrumenl or transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The follo",fing terms when used in this policy mean: (a) "Amount of Insurance": The amount stated In Schedule A, es may be Increased or decreased by endorsement to th is policy, Increased by Section 8(b), or decreased by Sections 10 and 11 of these Cond itions . (b) "Date of Polley·: The dat.e designated as "Date of Polley' In Schedule A, (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A (I) The te rm "Insured" also includes (A) successors to the TIiie of the Insured by operation of law as distinguished from purchase, Including heirs, devisees , survivors, personal representatives, or next or kin ; (B) successors to an Insured by d issolution , merger, consolidation, distribution , or reorgan ization; (CJ successors to an Insured by Its conversi on to another kind of E nllly; (D) a grantee of ar, Insured under a deed delivered without payment of actual valuable consideration conveying the Tille (1) if the stock, shares , memberships , or other eQulty Interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are bolh wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a wrilten Instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (0) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e} "Insured Claimant": An Insured claiming l oss or damage . (I) ~Knowledge• or "Known": Actual knowledge, not constructive knowledge o r notice that may be Imputed to an Insured by reason of the Public Records or any other records that impart constructive notlce of matters affecting the Tille. (g) "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 llnes 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 10 end from the land is insured by this policy. ALTA Owner's Policy of Tille Insurance (6-17-06) with Colorado modificalion ANTIC# 1043 File/GF #: 1807111 Page 2 (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under stale statutes at Dale of Polley for th e purpose of imparting constructive notice of matters relaling to r eal property to purchasers lor value and without Knowledge . With re spe ct lo Covered Risk 5(d). "Public Reco rds" shall also i nclude environmental protection liens flied In the records of the clerk of the United States District Court for \he di strict where the Land is located. O) •nue•: The estate or i nterest descrlbed In Schedule A. · (k) "U 11m arketF1blP. Tille·: Tille flffected by a11 alley d or apparent matter that would permit a proi;pective purchaser or lessee of the Title or lender on t11 e TIiie to be re!easecl lrom the obligation to purch.ise, leas e, or lend If there is a contractual condition reQulring lhe delivery of marketable title. 2 . CONTINUATION OF INSURANCE The coverage of thi s policy shall continue in force as of Dale of Polley In favor of an Insured, but only so long as the Insured retains an estate or interest In the Land, o r holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or o n ly so long as the Insured shall have li ability by reason of warranties In any transfer or conveyance of the TIiie. Tiiis policy shell not conlinue In force In favor of any purchaser from th e Insured of either (I) an estate or lnlerest In the Land, or (In an obllHallon secured by a pumhase money Mortgage given 10 the Insured. 3 , NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The In sured shall nollly lhe Company promptly In writing (i) In case or any llllg<1tlor, as set forth In Section 5(a) or these Conditions, (ii) in caso Knowledge sh.tll come 10 an Insured hnl'elmder or any clolm of title or Interest that Is 11dverse to th e TI iie, ar; Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (nl) tf the Tille, as Insured, is rejected as Unmarko l f1ble Title. II lhe Company ls prejudiced by the failure of the Insured Claimant to provide prompt no\ice , the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4 . PROOF OF LOSS In the event the Company is unable to determine Iha amount or loss o r damage, the Company may1 at Its opUon , reQu lre as a condition of payment that the Insured Clulrn ant furnish a signed proof of loss. The proof of toss must describe the defect. lien, encumbrance, or other matter Insured against by th is policy that constittlles the basts of loss or damage and shall stale, to the ext<m t possible, the basis of calculating the amounl of the loss or damage. Copyrighl 2006·2009 American Land TIii• Assoclallo11 . All rlghls resorved. '", ••, , , · TI1b UfiU nflhis Fam, is restr icted to M.TA lic&W-;O<!$ and ALTA rnon1vers , "" ,., ,. in good sto,,d lng as of Iha dale of use, All other uses are prohibited.'""''"'"' RoDrinted under license lrom the American Land Title Associalion. ,.,.~. _ •I CONDITIONS (continued) 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, al its own cost and without unreasonable delay, shall provide for the defen~e or an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to lhe right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses Incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, al its own cost, to institute and prosecute any action or proceeding or to do any other act that in Its opinion may be necessary or desirable to establish the Title, as insured, or lo prevent or reduce loss or damage to the Insured, The Company may take any appropriate action under the tem,s of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final detemiination by a court of competent jurisdiction, and it expressly reserves the right, in Its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give tl1e Company all reasotiable aid (i) ill securi11y evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured, If the Company is prejudiced by the failure of the Insured to furnish the required r.ooperatlon, the Company's obligations to the Insured undP.f the policy shall temiinate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative-of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim, Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested informatior1, or yrant µ1m11is:;iun lo secure re.isonably necessary Information from third parties as required In this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy 21s to that claim. AL TA Owner's Policy of Title Insurance (6-17-06) with Colorado modification ANTIC#1043 File/GF #: 1807111 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of tho Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or lender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall tenminate, inc:luding any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up lo the time of payment and that the Company is obligated to pay; or (ii) lo pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and lhat the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for In subsections (b)(i) or (ii), the Company's obligations to the Insured under lhis policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as Insured and the value of the Tille subject to the risk insured against by this policy, (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amnimt of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Tille, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent ol the CumpaI1y. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount ur the µayrrrnril. Page 3 Copyright 200,6-2009 American Land Tltlo AlSoclatl o/1 , All right, mor«d., • • ., , , , Tho ll!m or ihls Fam, is restrtclad lo ALTA llce u,e us and ALTA momb ars , "" "'" in good slanding as or Iha dele of use, All other uses are prohibiled, '""' • "'"' Revrinled under license from lhe American Lend TiUe Associalion. 'Jf:~· CONDITIONS (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays u nder any policy Insuring a Mortgag e to wh ich exception is taken in Sched ule B or to which the Insured h as agre ed , assu med, or taken s ubj ect, or which Is f:lXtl GUltcJLf I.Jy an Insured after Date of Policy and whioh ii; o charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this pol icy . 12. PAYMENT OF LOSS When li abi lity and the extenl o f loss or damage have been definitely fixed in accordance with these Co ndi tions, the payment shall be made w ithin 30 days . 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) W henever the Company shall have setUed and pa id a clai m under th is policy, ii shall be subrogated and en tliled 10 the rights o l lhe Insured Cla imant In t he Tille and all oth er righ ts and remedies in respect to Iha claim that the Insured Claimant hes against any person or property, to the extent of the amount of any losR , costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Cla i mant shall e)(ec1 1le documents to evidence the transfe r to the Co mpany of l hese righ ts and remedies The Insured Cl aimant sh all permit the Company to sue , comp romise, or sellle In the name of the Insured Cla imant and lo use the name of the Insured Claiman t In any transaction or litigation involving these rights and rem edies . If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss, (b) The Co mpany's right of subrogation Includes the righ ts of the Insure d to Indemnities, guaranties, other pollcles of Insurance, or bonds, notwithstanding any terms or conditions contained in those instru ments that address subrogation rights. 14 . ARBITRATION Eith er the Company or the Insured may demand that the c lai m or controveISy shall be submllted lo a rb itration pu rsu ant to the T Iiie Insurance ArbltraUon Rules or the Ameri can Land Title Association ("Rules"), Except as provided in the Ru les, the re shall be no jolnder or conso lidation wit h claims or controversies of oth er persons. Arb ltrable matters may Include , bul are not limited to, any controve rs y or clai m between the Company and the Insured arising out -of or re lallng lo th is pollc;:y, any service In connection with its issuance or l he breach of a policy provision, or l o any other controversy or claim a ri sing out of th e t ransaction g iving rise to this policy. All arbftrabl e mallets when the Amount of Insurance is $2,000,000 or less shall be arbttrated ·at the option of either the Company or the In sured . All arbitrable matte rs when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both \h e Com pany and the Insured . Arbitration pursuant to this policy and under the Rules shall be binding upon the ALTA Owner's Policy ofTille Insurance (6-17-06) wilh Colorado modificat ion ANT IC# 1043 File/GF #: 1807111 Page4 parties. Judgment upon the award rendered by the Arbitrator(s) may be entered In any court of competent jurisdiction. 15 . LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together w ith a ll en dorsemems, if any, altached to it by the Company ii;; th e enllre poli 1;y Anrl r.onlmr.l hotw11en the Insu red and the Company. In Interpreti ng any provision of this policy, th is policy shall be construed as a whole . (b) A ny claim of loss or damage that arises out of the status of the TIiie or by any action asserting such clalrn shall be res tric ted to this policy. (c) Any omendm enl of or endorsement to l hli: policy musl be in writing and authenticated by an au thorized person , or expressly lncorporaled by Sd1edule A of this policy. {d) Each endors ement lo th is policy Issue d al any time is made a part of th is policy and is subject to all of its tern,s and provisions. Except as lhe endorsement expressly states, It does not (I) modify any of the terms and provisions of the policy, (ii) modify any prior end orsement , (iii) extend \h e Date of Polley, or (iv) increase the Amount of Ins ura nce . 16, SEVERABILITY In lhe event any provisio n of this policy, In whole or in part, Is held Invalid or unenforceable u nder applicable law, the po licy s hall be dee111ed not to Incl ude thal provision or such part hel d to be Invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowl edges the Comp any has underwritten the risks covered by this policy and determined the prem ium cha rged therefor In reliance upon the law affecting interests in real property and appli cabl e lo the lnlerpret alion, rights, remedies, or enforcement of pol icies of ti lle Insurance of the jurisdiction where the Lan d is located. Therefore, lhe court or an arbitrator sha ll apply t he law or \he j urisdictio n where the Land is l ocated to determine the validity of cla ims against the Title that are adverse to the Insured and lo interpret and enforce the terms of th is policy. In neither case shall the court or arbitrator apply its conflicts of law princip les to det ermine the ap plicable law. (b) Choice of Forum : Any liti gation or other pro ceeding brought by th e Insured against th e Company must be filed only In a state or federa l court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES , WHERE SENT Any nollce of claim an d any other noUce or statement In wrlllng requ l rec! to be given to the· Company under this policy must be given to Ille Company at Alliant National Title Insurance Company, P .O. Box 359, Longmont, CO 80502, Attention: Legal Department. Copyright 2000-2009 Amarica n Land Tille As,o~lall on . All rights resorvad.,,, • ,, , , TI 111 Uso or !his form ls res tricted to Al TA hce nscas and Al TA mo1111Jers, , , ., , , , , , in.(J()Oll slan dlng as or lhe date of use. All olhor us es are prohibited.-•""'""" Rollfin led under license from lhe Americ an La nd Tille Assoclalion. , V,<: .. .,., AL LI A 1-n+. ir 10NAL Tllll INSURAt4CE COHPAMV THIS ADDENDUM IS MADE PART OF THE POLICY AND IS PERMANENTLY AFFIXED HERETO COLORADO ANTI-FRAUD DISCLOSURE PURSUANT TO C.R.S. 10-1-128 (6) "It Is unlawful to knowingly provide false, incomplete, or misleading facts or Information to an Insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any Insurance company or agent of an Insurance company who knowingly provides false, incomplete or misleading facts or Information to a policyholder or 'claimant for the purpose of defrauding or attempting to defraud the pollcyhold er or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies." ALTA Ownllt'ti Polley 0fTIU11 lnauranca (6-17-06) with Colorado modification ANT IC I/ 10,,3 . Flle/GF #: 1807111 Page 5 Copyrloht 2008·2008 Amorl cDo Lind Tltlt Auocl~llon . All right, ,u o1ved. ,., , .,, " Th o v•n cl 1h10 Fenn Is 1ea1rlctod lo ALTA flc1111r,cf!S and ALTA •~"1h U1$1 1 , .. 111 ., In good slaridln;as or Iha dale of use. All olher usea ere pro/lfb!ted . ,.,. .. '""" Re0f1nted under Ecel\SII r,om Iha Amcrlcen lend TIUe AssoclsJJon. J"": POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $237,500.00 Premium $529.00 Date of Policy: October 15, 2018 at 5:00 PM I. Name oflnsured Roberta Goodrich and Martin Hoffman Policy No. 1578976 File No. 1807111-2 ANTIC 2. The Estate or interest in the land described herein and which is covered by this policy is Fee Simple and is at the date of Policy vested in : Roberta Goodrich and Martin Hoffman 3, The land referred to in this policy is described in the said instrument, is situated in the County ofGarfield, State of CO, and is identified as follows: Parcel 1: Lot SC-23 Aspen Glen Filing No. 4 According to the plat thereof recorded May 8, 2003 as Reception No. 626949 Parcel 2: Lots SD-21 and SD-22 Aspen Glen Filing No. 4 According to the plat thereof recorded May 8, 2003 as Reception No. 626949 Countersigned: NM I PA 10 ALTA Owner's Policy (6/17/06) Form I 190-2 Schedule A Authorized Officer or Agent SCHEDULED This Policy does not insure against loss or damage by reason of the following: 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. Policy No. 1578976 File No. 1807111-2 ANTIC 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4, Any lien, or right to a lien, for services, labor or material heretofore or hereafter ftlrnished, imposec1 hy law and not shown by the public records, 5. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 6, Taxes and assessments for the year 2018, not yet due or payable. 7. Any and all water rights, claims, or title to water, whether or nol lhe matters excepted are shown by the public record. 8, Right of the proprietor ofa vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332. 9. Terms and conditions contained in easement agreements recorded February 10, 1995 in Book 931 at Page 354. I 0. Tenns and conditions contained in easement agreements recorded February I 0, 1995 in Book 931 at Page 3 74. I I. Terms and conditions ofGarficld County Board of Commissioner Resolution No, 92-056 for Aspen Glen Planned Unit Development recorded June 29, 1992 in Book 835 at Page 305. 12. Terms and conditions of Garfield County Board of Commissioner Resolution No. 93.12 I for Aspen Glen Plonned Unit Development recorded December 28, 1993 in Book 887 at Page 824. 13. Terms and conditions of Garfield County Board of Commissioner Resolution No. 94-008 for Aspen Glen Planned Unit Development recorded February 2, 1994 in Book 891 at Page 620. 14. Terms and conditions of Garfield County Board of Commissioner Resolution No. 94-089 for Aspen Glen Planned Unit Development recorded August 9, I 994 in Book 911 at Page 791. 15. Terms and conditions of Garfield County Board of Commissioner Resolution No. 96-06 for Aspen Glen Planned Unit Development recorded February 9, 1996 in Book 966 at Page 682. 16, Terms and conditions of Uartield County Board of Commissioner Resolution No. for Aspen Ulen Planned Unit Oevelopmcnt recorded February 9, 1996 in Book 966 at Page 686. 17. Terms and conditions of Garfield County Board of Commissioner Resolution No. for Aspen Glen Planned Unit Development recorded August 20, 1997 in Rook I 030 at Page 722. 18. Terms, conditions, and all matters set forth in Development Agreement recorded recorded June 29, 1992 in Book 835 at Page 364. 19. Covenants, conditions, restrictions, obligations and all matters which do not contain a forfeiture or reverter clause, as set forth in Declaration recorded March 23, 2007 at Rcc1,;p l io11 No . 7195 12, 20. Terms, conditions ancl provisions of Subclivicler's Agreement as containec1 in instrument recmclecl April 6, 1995 in Rook 936 at Page 444. Amended in instrument recorded July 11, 1996 in Book 984 at Page 697. 21. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded April 6, 1995 in Book 936 at Page 314. 22. Easements, rights of way and all matters shown on the Plat of Aspen Glen, Filing No. 4 recorded May 8, 2003 as Reception No. 626949 . Exceptions Number t,2,3 and 4 are hereby omitted. Americun Land Title Association Owner's Policy Schedule B Form 2005-47 Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address Num 239319112014 SUNDANCE TRL CARBONDALE GLEN LOT R009933 14140 VENTURA BLVD SUITE CARBONDALE SD 14 LLC 302 SHERMAN OAKS, CA 91423 239319112015 SUNDANCE TRL CARBONDALE R009934 14140 VENTURA BL VD SUITE CARBONDALE SUNDANCELOT15LLC 302 SHERMAN OAKS, CA 91423 239319112016 SUNDANCE TRL CARBONDALE R009935 14140 VENTURA BLVD SUITE CARBONDALE SUNDANCELOT16LLC 302 SHERMAN OAKS, CA 91423 239319112017 238 SUNDANCE TRL PRASADA HOLDINGS LLC R009936 PO BOX 1437 CARBONDALE, CARBONDALE co 81623 239319112018 SUNDANCE TRL LEONARD, ROCK A & R009937 580 MAIN STREET SUITE 300A CARBONDALE CHRISTIE M CARBONDALE, CO 81623-2826 239319112019 SUNDANCE TRL STRAWBERRY FIELDS R009938 14140 VENTURA BL VD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319212004 BALD EAGLE WAY CARBONDALE GLEN R009923 14140 VENTURA BL VD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212005 BALD EAGLE WAY CARBONDALE GLEN R009924 14140 VENTURA BLVD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212006 BALD EAGLE WAY CARBONDALE GLEN R009925 14140 VENTURA BLVD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212007 BALD EAGLE WAY BROADSANDS R009926 14140 VENTURA BL VD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319212010 SUNDANCE TRL BUSHONG, CRAIG & R009929 1108 BALD EAGLE WAY CARBONDALE BOND LOW, MARY LYN CARBONDALE, CO 81623 239319212011 89 SUNDANCE TRL GREENWALD, GEORGE & R009930 89 SUNDANCE TRAIL CARBONDALE JOAN CARBONDALE, CO 81623 239319212012 SUNDANCE TRL GRENADIER R009931 14140 VENTURA BLVD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319212020 SUNDANCE TRL CARBONDALE GLEN R009939 14140 VENTURA BLVD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212021 SUNDANCE TRL GOODRICH, ROBERTA & R009940 6906 E ARCHER PLACE CARBONDALE HOFFMAN, MARTIN DENVER, CO 80230 239319212022 SUNDANCE TRL GOODRICH, ROBERTA & R009941 6906 E ARCHER PLACE CARBONDALE HOFFMAN, MARTIN DENVER, CO 80230 239319212023 SUNDANCE TRL GOODRICH, ROBERT A & R009942 101 S MADISON STREET CARBONDALE HOFFMAN, MARTIN DENVER, CO 80209 239319212024 SUNDANCE TRL BROADSANDS R009943 14140 VENTURA BL VD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 ROW Not available null Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address Num 239319112014 SUNDANCE TRL CARBONDALE GLEN LOT R009933 14140 VENTURA BL VD SUITE CARBONDALE SD 14 LLC 302 SHERMAN OAKS, CA 91423 239319112015 SUNDANCE TRL CARBONDALE R009934 14140 VENTURA BL VD SUITE CARBONDALE SUNDANCELOT15LLC 302 SHERMAN OAKS, CA 91423 239319112016 SUNDANCE TRL CARBONDALE R009935 14140 VENTURA BL VD SUITE CARBONDALE SUNDANCE LOT 16 LLC 302 SHERMAN OAKS, CA 91423 239319112019 SUNDANCE TRL STRAWBERRY FIELDS R009938 14140 VENTURA BLVD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319205023 Not available MURPHY, SHANNON S R820151 231 MIDLAND AVENUE #206 CARBONDALE FAMILY TRUST BASALT, CO 81621 239319205024 Not available NO BUX LLC R820150 PO BOX 459 GLENWOOD CARBONDALE SPRINGS, CO 81602 239319212005 BALD EAGLE WAY CARBONDALE GLEN R009924 14140 VENTURA BLVD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212006 BALD EAGLE WAY CARBONDALE GLEN R009925 14140 VENTURA BLVD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212007 BALD EAGLE WAY BROADSANDS R009926 14140 VENTURA BLVD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319212008 1108 BALD EAGLE BUSHONG, CRAIG & R009927 1108 BALD EAGLE WAY WAY CARBONDALE BONDLOW, MARY LYN CARBONDALE, CO 81623 239319212009 1146 BALD EAGLE STEWART, RICHARD N & R009928 80501 AVENUE 48 LOT 228 WAY CARBONDALE TAYLOR, LINDA L INDIO, CA 92201 239319212010 SUNDANCE TRL BUSHONG, CRAIG & R009929 1108 BALD EAGLE WAY CARBONDALE BONDLOW, MARY LYN CARBONDALE, CO 81623 239319212011 89 SUNDANCE TRL GREENWALD, GEORGE & R009930 89 SUNDANCE TRAIL CARBONDALE JOAN CARBONDALE, CO 81623 239319212012 SUNDANCE TRL GRENADIER R009931 14140 VENTURA BLVD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319212013 SUNDANCE TRL BROADSANDS R009932 14140 VENTURA BL VD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 239319212020 SUNDANCE TRL CARBONDALE GLEN R009939 14140 VENTURA BL VD SUITE CARBONDALE SUNDANCE PONDS LLC 302 SHERMAN OAKS, CA 91423 239319212021 SUNDANCE TRL GOODRICH, ROBERTA & R009940 6906 E ARCHER PLACE CARBONDALE HOFFMAN, MARTIN DENVER, CO 80230 239319212022 SUNDANCE TRL GOODRICH, ROBERTA & R009941 6906 E ARCHER PLACE CARBONDALE HOFFMAN, MARTIN DENVER, CO 80230 239319212023 SUNDANCE TRL GOODRICH, ROBERT A & R009942 101 S MADISON STREET CARBONDALE HOFFMAN, MARTIN DENVER, CO 80209 239319212024 SUNDANCETRL BROADSANDS R009943 14140 VENTURA BLVD SUITE CARBONDALE INVESTMENTS LLC 302 SHERMAN OAKS, CA 91423 ROW Not available null Mineral Rights Research 01/10/2019 Project: Lots 21 /23 Aspen Glen Subject: Research of mineral rights To: Claire Dalby By: Michael Edinger Claire, ® AL I U 5 Through my in depth research at the recorder's office in addition to general inquiries outside of that office all documentation I procured demonstrates that there are no mineral rights to be effected by this lot merger. All material found did not produce any results that would suggest mineral rights would be a relevant issue to this lot merger. Digitally signed by Michael Edinger M · ha e I Ed ·1 n g er ON: cn,,,Michael Edinger, o, OU , I C emall=michael@allusdc.com, c=US Da t e: 2019.02.25 09:21 :26 -07'00' Alius Design Corps LLC By: Michael Edinger, its President ALIUS DESIGN CORPS LLC I ASPEN, CO I 719.331.9211 IMICHAEL@ALIUSDC.COM Letter of Exemption 03/10/2018 Project: Hoffman-Goodrich To: Claire Dalby By: Michael Edinger Claire, @ AL I U 5 In reference to the current land use application for the merger or Lots 21 and 23 of the Aspen Glen Subdivision I am requesting a waiver from the improvements agreement as no public improvements are being proposed as part of this land use application. Thank you very much for your consideration. Regards, Alius Design Corps LLC By: Michael Edinger, its President ALIUS DESIGN CORPS LLC I ASPEN, CO 17 I 9,331.9211 IMICHAEL@ALTTJSDC.COM Homeowners Association at Aspen Glen, Inc. Design Review Committee January 14, 2019 Ms. Tricia Parish Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 via email Re: Referral for the Proposed Amended Plat for Lot SD-21/176 Sundance Trail & SD-23/74 Sundance Trail Dear Tricia, This letter is to confirm that the Aspen Glen Design Review Committee (DRC) reviewed the proposed plat amendment to combine Lots SD-21 & SD-23 (176 Sundance Trail & 74 Sundance Trail) into one lot and adjust the building envelopes to support one single family residence within an adjusted building envelope. The DRC reviewed the plat amendment at the December 5, 2018 regular meeting and again at the December 19, 2018. The applicant worked very hard with the property owner across the street, whose views will be impacted with the development of the property. The focus of the adjustment was to reduce the visual impact for the existing home owners to the greatest extent possible while maintaining required setbacks per the Aspen Glen PUD Guide as well as keep the proposed home set back from the existing pond. Both the existing property owner, the applicant and the DRC are very satisfied with the new boundaries of the building envelope proposed for the merged lots: SD-21 and SD-23. The DRC recommends approval to the Garfield County Board of County Commissioners with the following conditions: 1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 2. It is the responsibility of the property owner to ensure that this lot merge does not negatively affect the utility and drainage easement that are being eliminated between the two properties. 3. The DRC has only approved the lot tie. Any further improvements to property require DRC review and approval. 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: dprince@aspenglenhoa.com 1 Reference: Draft First Amended Final Plat of SD-21 and SD-23 Aspen Glen Filing No. 4 dated 12/29/2018 The Aspen Glen DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County. If you have any questions , please do not hesitate to contact me. Sincerely, Deborah Prince, Administrator Aspen Glen De sign Review Committee Cc: DRC Michael Edinger Marty Hoffman 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: dprince@aspenglenhoa.com 2 / Fi'rst Amended Fi'nal Plat o/ SLJ-21 and SLJ-23 / / / ._/· "' 7.5' Utility, Drainage & Irrigation purposes Easement / / / / / .. "' / / / 7.5' Utility, Drainage & Irrigation purposes Easement I I L Ba~9 Bui/ding EnVB/ope created with . . this Amended ( Piaf (BEL9) . . 22,429 Sq Ft 0.515 Ac. ( - SLJ-24 I I Drainage, Irrigation HOA ACCBSS Easement I Building EnVB/ope Vacated by this Amended plat Area 8,208 Sq Ft ..................... .................... .. --................ . --....... ---....... - -~- I I I . 21,795 Sq Ft 0.500 Ac. -- Lots SD-21 and SD-23 Aspen Glen Filing No. 4 According to the plat thereof recorded May 8, 2003 as Reception No. 626949 7'he purpose o/ this plat is to create one .£ot from .£ot SD 21 and SD 23. VICNTYMAP r-2000· Yacate the boundary line and utility, drainaue and irriuation easement betuleen lots SD-21 and SD-23 and amend the buildinu envelope located on SD-21 and SD-23 as shown hereon. r-------------------------, \ .._Site Aspen G/sn 7. 5' Utility, Drainage & Irrigation purposfJS Easement Building EnVB/ope crt1afed with this Amended Plat S/J-22 7.5' Utility, Drainage & Irrigation purposes Easement - I I I I l -- / / \ /· / / ).. / / 11.5' Uf/llty, Drainage, Irrigation & Pedestrian Access Easement LEGEND AND NOTES: -0 INDICATES FOUND #5 REBAR WITH 1 1/4* RED CAP LS NO. 33638 -® INDICATES FOUND #5 REBAR WITH 1 1/4* ALUMINUM CAP (ILLEGIBLE) -O INDICATES FOUND #5 REBAR WITH 1 1/4• ORANGE LS. CAP NO. 14111 DA TE OF S/JRI/EY: OCTOBER 23, 2018. UNIT OF MEASUREMENT: US SURI/EY FOOT BEARINGS ARE BASED UPON FOUND #5 REBAR WITH 1 1/4• ALUMINUM CAP (ILLEGIBLE} AT THE NORTHWESTERLY CORNER AND FOUND #5 REBAR WITH 1 1/4# ALUMINUM CAP (ILLEGIBLE) AT NORTHEASTERLY CORNER OF SAID LOT SD 23 Aspen Glen Fi/Ing No. 4 IN USING A BEARING OF N 53'25'26• E BETWEEN THE TWO DESCRIBED MONUMENTS. THIS S/JRI/EY DOES NOT REPRESENT A TlTZ.E SEARCH BY THIS SURI/EYOR TO DElFRMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMA TlON PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM A TlTLE COMMITMENT ISSUED BY COMMONWEALTH TlTZ.E COMPANY OF GARFIELD COUNTY, INC. , DATED JULY 314 2018 AS NO. 1807111 ANTlC m1e certificate I, _________ an attorney licensed to practice law In the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have BXamlned the Title to all lands shown upon this Plat and that Title to such lands Is vested In _______________________ free and clt10r of all liens and encumbrances (Including mortgages, d88ds of trust, jJdgments, easements, contracts and agreements of record affecting the real property in this Piaf), BXcepf as follows: ______________________ _ DATED this __ day of ________ _ A.D., 2018. TlTLE COMPANY: Agent OR Attorney Colorado Attorney Registration Na. __ _ Countv Commissioner's Certificate Based upon the review and recommendation of the Gar.ield County Director of Community DeVB/opmenf, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended Final Piaf this __ day of ____ _ A.D. 2018, for fillng with the Clerk and RBCorder of GarfieJd County and for conveyance to the County of the public dedications shown hereon, subjBcf to the provisions that approval in no way obligates Garfield County for the Hnancing or construction of Improvements on lands, public roads, highways or t10semenfs dedicated to the public, BXcepf as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ~ ................... · 1 .... -........... -... . I I _.,--\ .................... Building En VB/ope Crt10fed by this AmendBd plat Area 2,174 Sq Ft -- BUILDING ENI/ELOPE LINE TABLE LINE BEARING BELT S 07'52'37# E BEL2 N 54"46'15# E BEL3 S 32"41'05# E BEL4 S 42'51'13# E BEL5 S 45"00'00* W BEL6 N 06"02'10* W BEL7 N 42'40'08# W BELB N 54'47'00# W BEL9 N 89'39'35# W BEL10 N 07'53'07# W Notice.· According to Colorado law,. you must commence any legal aclitm 6ased upon any dllftcl in tJds surt/8!,I wil/u'n /kree f/Ba?"S q/ler 1/UU ,ftrst discovw suc/i. defect. En no tiWnt may any legal aclion 6ased upon any defacl in Uds S'U'l"Vtlf/ 611 com:numced more Uuzn ten years from the date of the cerlij'ication shown l,,re,m LENGTH 56.38' 75.39• 85.98' 56.83' 79.76' 21.72' 43.04' 30.72' 25.98' 56.35' -- -: t --· L•--~: ------. . " ,, s 1s-s2•st 7.5' Utility, Drainage & Irrigation purposes Easement LINE LT S_/J-20 BOUNDARY LINE TABLE LENGTH BEARING 11.65' N 38'22'41* E \ I GRAPHIC SCALE { IN FUT ) 1 Inch = 20 tL BOUNDARY CURI/£ TABLE CURI/£ RADIUS LENGTH 'ANGENt CHORD CHD BRG DELTA Ct 186.50' 5a9B' 25.65' 5a83' N 4672'35• W 15'39'47# C2 146.50' 48.86' 24.66' 48.63' N 63'35'43• E 19"08'28" CJ 106.50' 12.31' 6.16' 12.30' S 53°22'12" W 06°37'24" C4 48.50' 58.73' 33.57 55.21' S 21'59'24" W 69'23'01· " ATTEST.· County Clerk Survgw's Certificate I, Jeffrey Allen Tuttle, do hereby certify that I am a Professional Land surveyor licensed under the laws of the state of Colorado, that this Plat is a true, correct and complete Plat of the FIRST AMENDED FINAL PLAT OF LOT SD-21 and SD-23, ASPEN GLEN, RUNG NO. 4 as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lats, t10sements and streets of the FIRST AMENDED FINAL PLAT OF LOT SD-21 and SD-23, ASPEN GLEN, FILING NO. 4, as the same are staked upon the ground in compliance with applicable regulations govemlng the subdivision of land. In witness whereof, I have set my hand and seal this __ day of.___ A.D., 2018. Professional Land surveyor: Jeffrey Allen Tuttle, P.L.S. #]3638 923 Cooper A i,enue Glenwood Springs, CO 81601 Certificate of Dedication and Ownership The undersigned ___ ___ ___ _ being sole owner in fee simple of all that real property being more particularly described as follows: First Amended Final Plat of Lot SD-21 AND SD-23, Aspen Glen, Filing 4, County of GarfieJd, state of Colorado, recorded May 8, 2003 as Reception No. 626949 containing 44,226 Sq Ff 1.015 Ac., more or less, has caused the described real property to be surveyed, laid out, platted and subdivided Info lots and blocks as shown on this Amended Final Piaf under the name and st;le of FIRST AMENDED FINAL PLAT OF LOT SD-21 and SD-23, ASPEN GLEN, FILING NO. 4 a subdivision in the County of GarfieJd. The Owners do hereby dedicate and set apart all of the streets and roads as shown on the accompan;lng plat to the use of the public forever, and hereby dBdlcate to the Public Utllltles those portions of said real property which are are labeled as utility easements on the accompan;lng Plat as perpetual t10sements for the installation and main fenance of u ti/if/es, Irrigation and drainage facllifles, including, but not limited to, electric lines, gas lines, telephone lines, together with the right to trim Interfering frefJS and brush, with perpetual right of Ingress and egress for installation and malnttlflance of such lines. Such t10sements and rights shall be ut,7/zed In a reasonable and prudtlflt manner. All expense for street paving or Improvements shall be fumlshed by the seller or purchaser; not by the County of Garfield. EXECUTED this _____ day of _____ A.D. 2018. By: ____ ·---· ·---· ·---· ·--- Address: _______________ _ STATE OF COUNTY OF ) ) ss. ) The foregoing Cerf/Hcafe of Dedication and Ownership was acknowledged before me fhfs. _____ day of _________ A.D. 2018 by ________ _ My commission expires: ______________ _ WITNESS my hand and otnclal SBOI. Notary Public STATE OF COUNTY OF ) ) ss. ) The foregoing Certificate of Dedication and Ownership was acknowledged before me fhis. _____ day of ·---· ____ A.D. 2018 by ____ ·---· ·---· My commission expires: ______________ _ WITNESS my hand and of.iclal st10/. Notary Public Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of _________ upon all parcels of real estate described on this Piaf are paid In full. DA TED this _ day of-------~ A.D., 2018. Treasurer of Garfield County Countv Sum112rs Certificate: Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. Dated fh/s _____ day ___________ A.D., 2018. Garfield County Surveyor Clerk and Recorder~s Certificate:' This Piaf was filed for record In the Office of the Clerk and Recorder of Garfield County, Colorado, at ___ o'clock _M., on this day of. _____ A.D., 2018, and Is duly recordBd as Reception No. Clerk & Recorder By: __________________ _ Deputy