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HomeMy WebLinkAbout1.0 ApplicationMartha C. Pickett & Edgell F. Pyles 59 River's Bend Carbondale, CO 81623 970-948-0470 Garfi eld County Community Development Depatlment 108 8tl' Street, Suite 401 Glenwood Springs, CO 80601 RE: Application for Final Plat Amendment to merge Lots C-6 andC-7 and make a Minor Amendment to the Building Envelope on the improved LotC-6 Dcar Community Development Department, 'We are the owners of adjacent Lots C-6 and C-7of the Aspen Glen subdivision in Carbondale, CO. Based upon the Pre-Application Conference with Claire Dalby on 30 January 2019, please find enclosed our application and accompanying materials for a Final Plat Amendment. This cover letter also provides the narrative describing our request and related information as required. The purpose of our application is to (1) merge the two lots, which will remove the building envelope from the vacant lot, Lot C-7, where we will be expanding our driveway and creating a second curb cut; and (2) make a minor adjustrnent to the building envelope on our irnproved property, Lot-6, in order to add a small golf cart garage and gardening room to our reside.rce. The area to be added to the existing envelope totals 45.23 sq. ft. and is shown on the enclosed Fi¡al Plat Amendment as a hatched area to the northeast side of the existing envelope, All of these changes have preliminary approval fi'om the Aspen Glen HOA's DRC, as stated in the letter from them dated 8 February, a copy of which is enclosed. Included in this packet, along with our check in the amount of $ 100.00, are the following: 1. Completed, signed Application Form 2. Copy of the Pre-Application Conference Summary 3. Completed, signed Payment Agreement form 4. Lists of property owners within 200' of the two parcels 5. Vicinity map 6. Deeds and title information for two parcels, along with all mineral interests information 7. Proposed Amended Final Plat 8. Letier from Aspen Glen HOA recommending approval of the plat amendment, with ceftain conditions that we commit to satisfuing. V/e look forward to completing this approval process with you. Thank you for your time and assistance. Best, e Martha (Marty) C. Pickett SECTION 2.03. PAYMENTAGREEMENT FORM Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows 7. OWNER has submitted to COUNTY an application for ereinafter, 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 th¡s time to ascerta¡n 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. lf actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNW 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. Print Name Mailing Address: E-MailAddress: Phone Number: Date B Signature Martha C. Pickett & Edgell Franklin Pyles Amended Final Plat to Aspen Glen PUD to merge Lots C-6 and C-7 Martha C. Pickett 59 River's Bend Carbondale, CO 81623 martycpickett@gmail.com 970-948-0470 7 February 2019 1 (( Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-204-03-006 PRE-APP DATE: 1/30/2019 2393-204-03-007 OWNER: Marty Pickett and Franklin Pyles PRACTICAL LOCATION: 59 River’s Bend, Carbondale, CO 81623 ZONING: Planned Unit Development (PUD) COMPREHENSIVE PLAN: Residential Medium High (2 to <4 acres per dwelling unit) TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION The applicant is proposing to combine Lots C6 and C7 of the Aspen Glen PUD into one lot. Lot C6 is 0.572 acres in size and is improved with a single-family dwelling unit while Lot C7 is 0.614 acres and is vacant. The developed lot has access onto River’s Bend within the PUD. The applicant does not have plans to develop Lot C7 after the merge but proposes to construct an access driveway for the parcel. The applicant will need to obtain a letter from the Aspen Glen Homeowners Association authorizing the project. II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application:  Section 5-305 – Amended Final Plat Review  Table 5-103 Common Review Procedures and Required Notice  Table 5-401 Submittal Requirements  Section 5-402 Description of Submittal Requirements including requirements for a Final Plat  Section 4-103 Administrative Review and Section 4-101 Common Review Procedures  Article 7, Divisions 1, 2, 3, and 4 as applicable 2 III. ADMINISTRATIVE REVIEW PROCESS The review process shall follow a modified version of the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached modified flow chart). 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 Proof of Ownership (title work and deed) and information on any lien holders for both parcels o Names and mailing addresses of property owners within 200 ft. of the property. o Mineral rights ownership including mailing address (see attached memo). o A narrative describing the request and related information.  Copy of the pre-application summary  A Vicinity Map within approximately 3 miles  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.  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 the covenants affecting the property and an approval letter from the HOA  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). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. 3 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_ 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. PRE-APPLICATION SUMMARY PREPARED BY: January 30, 2019 Claire Dalby, Planner Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239320300385 Not available CARBONDALE ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R830192 PO BOX 790830 SAN ANTONIO, TX 78279 239320300385 Not available CARBONDALE ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R830192 PO BOX 790830 SAN ANTONIO, TX 78279 239320403001 Not available CARBONDALE BECKWITH, STEVEN C & NANCY L R830034 446 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 239320403004 32 THUNDERSTORM CARBONDALE BALDWIN, MARK E & SALLY P R830036 3 AMBERTON LANE HOUSTON, TX 77024 239320403005 Not available CARBONDALE SCHAPPERT, KEITH M & CYNTHIA C R830037 8073 VIA VECCHIA NAPLES, FL 34108 239320403006 59 RIVER'S BEND CARBONDALE PYLES, EDGELL FRANKLIN & PICKETT, MARTHA C R830038 PO BOX 503 SNOWMASS, CO 81654 239320403007 Not available CARBONDALE PYLES, EDGELL FRANKLIN & PICKETT, MARTHA C R830039 PO BOX 503 SNOWMASS, CO 81654 239320403008 494 E DIAMOND A RANCH RD CARBONDALE SAMPELS, MERLYN AND ANITA REVOCABLE TRUST R830040 7718 CARUTH BLVD DALLAS, TX 75225 239320403009 516 E DIAMOND A RANCH RD CARBONDALE SHOTWELL, JUDITH G R830041 516 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 239320404120 12 RIVERS BEND RD CARBONDALE STEPHENS, KENT R083880 PO BOX 527 WILLIS, TX 77378 239320404121 446 DIAMOND A RANCH RD CARBONDALE BECKWITH, STEVEN C & NANCY L R083881 446 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 ROW Not available null Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239320300385 Not available CARBONDALE ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R830192 PO BOX 790830 SAN ANTONIO, TX 78279 239320300385 Not available CARBONDALE ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R830192 PO BOX 790830 SAN ANTONIO, TX 78279 239320301002 527 E DIAMOND A RANCH RD CARBONDALE KELLING, E COLLYER & BARCLAY, PAULA J R830091 PO BOX 2600 BASALT, CO 81621-2600 239320401003 505 E DIAMOND A RANCH RD CARBONDALE STEPSTONE INVESTMENTS LLC R830092 14140 VENTURA BLVD SUITE 302 SHERMAN OAKS, CA 91423 239320401004 463 E DIAMOND A RANCH RD CARBONDALE NAST, STEVE & MARY R830093 000463 EAST DIAMOND RANCH ROAD CARBONDALE, CO 81623 239320401005 403 E DIAMOND A RANCH RD CARBONDALE BELL, JOHN D & BRENDA R830094 403 DIAMOND A RANCH CARBONDALE, CO 81623 239320403001 Not available CARBONDALE BECKWITH, STEVEN C & NANCY L R830034 446 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 239320403004 32 THUNDERSTORM CARBONDALE BALDWIN, MARK E & SALLY P R830036 3 AMBERTON LANE HOUSTON, TX 77024 239320403005 Not available CARBONDALE SCHAPPERT, KEITH M & CYNTHIA C R830037 8073 VIA VECCHIA NAPLES, FL 34108 239320403006 59 RIVER'S BEND CARBONDALE PYLES, EDGELL FRANKLIN & PICKETT, MARTHA C R830038 PO BOX 503 SNOWMASS, CO 81654 239320403007 Not available CARBONDALE PYLES, EDGELL FRANKLIN & PICKETT, MARTHA C R830039 PO BOX 503 SNOWMASS, CO 81654 239320403008 494 E DIAMOND A RANCH RD CARBONDALE SAMPELS, MERLYN AND ANITA REVOCABLE TRUST R830040 7718 CARUTH BLVD DALLAS, TX 75225 239320403009 516 E DIAMOND A RANCH RD CARBONDALE SHOTWELL, JUDITH G R830041 516 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 239320404118 26 SWEETGRASS DR CARBONDALE PENTON, STEVEN R & SHAY C R083866 40 HIGH COURT CHAGRIN FALLS, OH 44022 239320404120 12 RIVERS BEND RD CARBONDALE STEPHENS, KENT R083880 PO BOX 527 WILLIS, TX 77378 239320404121 446 DIAMOND A RANCH RD CARBONDALE BECKWITH, STEVEN C & NANCY L R083881 446 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 ROW Not available null Martha C. Pickett & Edgell F. Pyles 59 River’s Bend Carbondale, CO 81623 970-948-0470 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 80601 RE: Mineral rights: Aspen Glen Lots C-6 and C-7 Filing No. 1 Amended Final Plat (FPAA-03- 10-8720) Dear Community Development Department, Updated 1 April 2019 As part of our submission for the above-referenced Amended Final Plat for Aspen Glen Lots C-6 and C-7, I visited the Garfield County Recorder’s Office on approximately 20 February, 29 March, and 1 April 2019 to research the mineral rights for both parcels. The documents reviewed provided the following information, resulting in the conclusion that the mineral rights that were severed from the parcels in 1961 and 1958, respectively, must have remained in the ownership of the original mineral rights holders until their deaths. There was no documentation of the rights ever being transferred, other than for some oil and gas leases that expired. No addresses were found. As suggested, on 1 April, I also searched the public records again to determine if there were any personal representative’s deeds from either holder transferring any of the severed mineral rights. There were none applicable to our property. Lot C-6: Mineral rights were reserved in the original US Patent, recorded April 16, 1892, in Bk 12 at Page 570, giving a right to the proprietor of a vein or lode to extract and remove his ore therefrom. There was a later reservation, in a deed from Caesar J. Chuc, of an undivided one fourth interest in and to all oil, gas, hydrocarbons and minerals, with the right to enter and explore, drill, mine, and produce such substances upon payment to the owner of the surface rights for any damages caused, recorded September 26, 1961 in Bk 336 at Page 570. Chuc entered into an oil and gas lease with Shannon Oil on 11 April 1960, which expired after five years. As noted above, I found no transfer of the mineral rights upon Mr. Chuc’s death. Lot C-7: Mineral rights were reserved in the original US Patent, recorded April 11, 1892 in Bk 12 at Page 133, giving a right to the proprietor of a vein or lode to extract and remove his ore therefrom. There was a later reservation, in a deed from Leonis Chuc (brother of Caesar Chuc referenced above), of an undivided one fourth interest in and to all oil, gas, hydrocarbons and minerals, with the right to enter and explore, drill, mine, and produce such substances upon payment to the owner of the surface rights for any damages caused, recorded December 5, 1958 in Bk 314 at Page 160. Chuc later entered into several oil and gas leases, from 1962 – 1980, recorded in Reception Nos. 216312, 218690, 254655, and 268163, 272970, and 307831, all of which expired after either five or seven years. According to an article in the Aspen Times, Mr. Leonis Chuc died in 2008. As noted above, I found no transfer of the mineral rights after Mr. Chuc’s death. Thanks again for your assistance with our application. Martha (Marty) C. Pickett INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 HIGH COUNTRY ENGINEERING HIGH COUNTRY ENGINEERING 1517 BLAKE AVENUE SUITE 101 Glenwood Springs, CO 81601 Invoice Number:GWS-5263 Date: March 18, 2019 Order Number:63013593 Property Address:59 RIVER'S BEND CARBONDALE 81623 Parties:A Buyer To Be Determined Invoice Charges Service: TBD Commitment Ref: 63013593 Addr: 59 RIVER'S BEND Party: EDGELL FRANKLIN PYLES AND MARTHA C. PICKETT Total Amount Invoiced: Less Payment(s): Balance Due: $216.00 $216.00 $0.00 $216.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS-5263 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 63013593 Our Order Number:GWS-5263 Our Customer Number:77719.1 Invoice Requested by:HIGH COUNTRY ENGINEERING Invoice (Process) Date:March 18, 2019 Transaction Invoiced By:Web Services Email Address:system@ltgc.com Land Title Gua ra ntee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GW63013593 Date: 03/18/2019 Property Addres s :59 RIVER'S BEND, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax ) glenwoodresponse@ltgc.com Surveyor HIGH COUNTRY ENGINEERING Attention: BILL NEM ETH 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 (970) 945-8676 (Work ) WNEMETH@HCENG.COM Deliv ered via: Electronic M ail Land Title Gua ra ntee Company Estimate of Title Fees Order Number:GW63013593 Date: 03/18/2019 Property Addres s :59 RIVER'S BEND, CARBONDALE, CO 81623 Parties:A BUYER TO BE DETERMINED EDGELL FRANKLIN PYLES AND M ARTHA C. PICKETT Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Comm itm ent $216.00 Total $216.00 If Land Title Guarantee Com pany will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The docum ents link ed in this c omm itm ent s hould be rev iewed c arefully. Thes e doc uments, such as covenants c onditions and restrictions , may affect the title, ownership and us e of the property . You may wish to engage legal as s istance in order to fully understand and be aware of the implications of the effec t of thes e doc uments on your property . Chain of Title Documents: Garfield county recorded 09/04/2018 under reception no. 911321 Plat Map(s): Garfield county recorded 04/06/1995 under reception no. 476330 Copy right 2006-2019 Am eric an Land Title Association. All rights res erved. The us e of this Form is res tric ted to ALTA licensees and ALTA mem bers in good s tanding as of the date of use. All other us es are prohibited. Reprinted under lic ens e from the Am eric an Land Title Association. Property Address: 59 RIVER'S BEND, CARBONDALE, CO 81623 1.Effective Date: 02/28/2019 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Com mitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: EDGELL FRANKLIN PYLES AND M ARTHA C. PICKETT 5.The Land referred to in this Commitment is described as follows: LOT C-6 ASPEN GLEN, FILING NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 06, 1995 AS RECEPTION NO. 476330. COUNTY OF GARFIELD STATE OF COLORADO A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule A Order Num ber:GW63013593 ALTA COM MITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63013593 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the M ortgage to be insured, or both, must be properly authoriz ed, executed, delivered, and recorded in the Public Records. THIS COMM ITM ENT IS FOR INFORM ATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoriz ing the issuance thereof; (c) water rights, claims or title to water. 8.DEED OF TRUST DATED AUGUST 30, 2018 FROM EDGELL FRANKLIN PYLES AND MARTHA C. PICKETT TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $800,000.00 RECORDED SEPTEMBER 04, 2018, UNDER RECEPTION NO. 911322. 9.DEED OF TRUST DATED OCTOBER 15, 2018, FROM EDGELL FRANKLIN PYLES AND MARTHA C. PICKETT TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR THE USE OF WESTERRRA CREDIT UNION TO SECURE THE SUM OF $100,000.00 RECORDED OCTOBER 23, 2018, UNDER RECEPTION NO. 913321. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 10.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REM OVE HIS ORE THEREFROM , SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREM ISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 16, 1892 IN BOOK 12 AT PAGE 135. 11.RESERVATION OF AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND M INERALS RECORDED SEPTEMBER 26, 1961 IN BOOK 336 AT PAGE 570. 12.TERM S, CONDITIONS AND PROVISIONS OF AGREEM ENTS RECORDED APRIL 12, 1992 IN BOOK 827 AT PAGE 636. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63013593 13.TERM S AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMM ISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED J UNE 29, 1992 IN BOOK 835 AT PAGE 305. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791. D. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682. E. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686. F. RESOLUTION RECORDED AUGUST 20, 1997 IN BOOK 1030 AT PAGE 722. 14.TERM S, CONDITIONS AND PROVISIONS OF AGREEM ENTS RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 364. 15.TERM S, CONDITIONS AND PROVISIONS OF AGREEM ENT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 970. 16.TERM S, CONDITIONS AND PROVISIONS OF OUT-OF- DISTRICT SEWER SERVICE AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63013593 17.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OM ITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERM ITTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED M AY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED M AY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEM ENTAL DECLARATION RECORDED SEPTEM BER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEM BER 14, 1999 IN BOOK 1164 AT PAGE 755, THIRTEENTH SUPPLEM ENTAL DECLARATION RECORDED J ULY 17, 2000 IN BOOK 1197 AT PAGE 740 AND FOURTEENTH SUPPLEM ENTAL DECLARATION RECORDED MAY 08, 2003 IN BOOK 1467 AT PAGE 910, AND FIFTEENTH SUPPLEM ENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891. 18.TERM S, CONDITIONS AND PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEM ENTS AND RIGHTS OF WAY AS CONTAINED IN DECLARATION OF GOLF FACILITIES DEVELOMPM ENT, CONSTRUCION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314. 19.TERM S, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENTS AS CONTAINED IN INSTRUM ENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 444. 20.TERM S, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 458. 21.EASEM ENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN FILING NO. 1 RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330. 22.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OM ITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERM ITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MARCH 27, 2007, UNDER RECEPTION NO. 719512. 23.TERM S, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED M ARCH 23, 2007 AT RECEPTION NO. 719513. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63013593 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effec tive Septem ber 1, 1997, CRS 30-10-406 requires that all doc uments rec eived for recording or filing in the c lerk and recorder's office shall contain a top margin of at leas t one inch and a left, right and bottom m argin of at least one half of an inch. The c lerk and recorder m ay refuse to rec ord or file any doc ument that does not conform, except that, the requirem ent for the top m argin s hall not apply to docum ents us ing forms on which space is provided for rec ording or filing information at the top margin of the docum ent. Note: Colorado Divis ion of Insuranc e Regulations 8-1-2 requires that "Every title entity shall be res pons ible for all m atters whic h appear of rec ord prior to the tim e of recording whenev er the title entity c onduc ts the c losing and is res pons ible for recording or filing of legal docum ents resulting from the trans ac tion which was c losed". Provided that Land Title Guarantee Com pany c onduc ts the c losing of the insured transaction and is res pons ible for rec ording the legal doc uments from the transaction, ex c eption num ber 5 will not appear on the Owner's Title Polic y and the Lenders Policy when issued. Note: Affirmativ e mechanic 's lien protec tion for the Owner may be available (typic ally by deletion of Ex c eption no. 4 of Sc hedule B, Section 2 of the Com mitment from the Owner's Polic y to be issued) upon c ompliance with the following c onditions : No coverage will be given under any c irc umstances for labor or m aterial for whic h the insured has c ontracted for or agreed to pay . Note: Pursuant to CRS 10-11-123, notic e is hereby given: The Subjec t real property may be loc ated in a special taxing district.(A) A c ertificate of taxes due listing eac h tax ing juris diction will be obtained from the county treas urer of the c ounty in whic h the real property is loc ated or that county treas urer's authorized agent unles s the proposed ins ured prov ides written ins tructions to the c ontrary . (for an Owner's Policy of Title Ins urance pertaining to a s ale of res idential real property ). (B) The inform ation regarding s pec ial districts and the boundaries of such dis tric ts may be obtained from the Board of County Comm issioners, the County Clerk and Rec order, or the County As s es s or. (C) The land des c ribed in Schedule A of this com mitment m us t be a s ingle family res idence which inc ludes a c ondominium or townhous e unit. (A) No labor or materials hav e been furnis hed by mechanic s or m aterial-men for purposes of construc tion on the land des c ribed in Schedule A of this Comm itm ent within the past 6 m onths . (B) The Company m us t receiv e an appropriate affidav it indemnify ing the Company agains t un-filed m ec hanic's and material-m en's liens. (C) The Company m us t receiv e pay ment of the appropriate prem ium .(D) If there has been construc tion, improv ements or major repairs undertaken on the property to be purc has ed within six months prior to the Date of Comm itm ent, the requirem ents to obtain coverage for unrec orded liens will inc lude: disclos ure of certain construc tion inform ation; financ ial information as to the s eller, the builder and or the contrac tor; pay ment of the appropriate prem ium fully ex ec uted Indemnity Agreem ents s atisfactory to the c ompany, and, any additional requirements as m ay be nec es s ary after an ex amination of the afores aid inform ation by the Company. (E) This notice applies to owner's polic y c omm itm ents disclos ing that a m ineral estate has been severed from the s urface es tate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, inc omplete, or m isleading facts or information to an insuranc e c ompany for the purpose of defrauding or attempting to defraud the com pany . Penalties may include im pris onment, fines , denial of insuranc e, and c ivil dam ages . Any insuranc e c ompany or agent of an insuranc e c ompany who k nowingly prov ides fals e, incom plete, or mis leading fac ts or inform ation to a policyholder or c laimant for the purpose of defrauding or attempting to defraud the policyholder or c laimant with regard to a settlement or award pay able from insuranc e proceeds shall be reported to the Colorado Div ision of Ins urance within the Department of Regulatory Agenc ies. Note: Pursuant to Colorado Div ision of Ins urance Regulations 8-1-3, notice is hereby giv en of the av ailability of a clos ing protection letter for the lender, purc has er, les s ee or seller in connection with this trans ac tion. That there is rec orded evidenc e that a mineral es tate has been s ev ered, leas ed, or otherwis e c onv ey ed from the s urface estate and that there is substantial likelihood that a third party holds som e or all interest in oil, gas , other minerals , or geothermal energy in the property ; and (A) That such m ineral estate m ay include the right to enter and use the property without the surfac e owner's permis s ion.(B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to y ou as a c us tomer of Land Title Guarantee Com pany as agent for Land Title Ins urance Corporation and Old Republic National Title Ins urance Company. We want you to know that we rec ognize and res pec t y our privacy expectations and the requirem ents of federal and s tate priv ac y laws . Inform ation security is one of our highes t priorities. We rec ognize that m aintaining your trust and confidenc e is the bedrock of our bus iness. We m aintain and regularly review internal and ex ternal s afeguards agains t unauthoriz ed ac c es s to non-public pers onal inform ation ("Pers onal Information"). In the c ourse of our bus iness, we may collect Pers onal Information about y ou from : applic ations or other forms we receiv e from y ou, including com munic ations sent through TM X, our web-based transaction managem ent s y s tem; y our trans ac tions with, or from the s ervic es being perform ed by us , our affiliates , or others ; a c ons umer reporting agency, if s uc h information is prov ided to us in c onnec tion with your transaction; and The public rec ords m aintained by gov ernm ental entities that we either obtain directly from thos e entities , or from our affiliates and non-affiliates. Our policies regarding the protec tion of the confidentiality and security of your Personal Inform ation are as follows: We restrict access to all Pers onal Information about y ou to thos e employ ees who need to know that information in order to provide products and serv ices to you. We maintain physic al, elec tronic and procedural safeguards that c omply with federal s tandards to protec t y our Personal Inform ation from unauthorized access or intrus ion. Employ ees who violate our s tric t polic ies and proc edures regarding priv ac y are subjec t to disciplinary action. We regularly as s es s s ec urity s tandards and proc edures to protec t against unauthorized access to Pers onal Inform ation. WE DO NOT DISCLOSE ANY PERSONAL INFORM ATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERM ITTED BY LAW. Consis tent with applic able privacy laws, there are som e s ituations in which Pers onal Information may be dis c losed. We may dis c lose your Personal Inform ation when y ou direc t or giv e us perm ission; when we are required by law to do s o, for ex ample, if we are serv ed a s ubpoena; or when we suspect fraudulent or c riminal activ ities . We also m ay disclos e y our Personal Inform ation when otherwise permitted by applic able privacy laws such as, for ex ample, when dis c losure is needed to enforce our rights aris ing out of any agreement, trans ac tion or relationship with y ou. Our policy regarding dispute res olution is as follows : Any c ontrovers y or claim aris ing out of or relating to our priv ac y polic y , or the breac h thereof, shall be settled by arbitration in accordanc e with the rules of the American Arbitration Association, and judgm ent upon the award rendered by the arbitrator(s) may be entered in any court hav ing juris diction thereof. Commitme nt For Title Insuranc e Issued by Old Republic National Title Insurance Corporation NO TICE IMPO RTANT—READ CAREFULLY: THIS CO MMITMENT IS AN O FFER TO ISSUE ONE O R MORE TITLE INSURANCE PO LICIES. ALL CLAIMS O R REMEDIES SO UGHT AGAINST THE CO MPANY INVO LVING THE CO NTENT OF THIS COMMITMENT O R THE PO LICY MUST BE BASED SOLELY IN CONTRACT. THIS CO MMITMENT IS NO T AN ABSTRACT O F TITLE, REPORT O F THE CO NDITIO N O F TITLE, LEG AL OPINION, O PINIO N O F TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PRO CEDURES USED BY THE CO MPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PRO PRIETARY TO THE CO MPANY, WERE PERFORMED SO LELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSO N, INCLUDING A PRO PO SED INSURED. THE COMPANY’S O BLIGATION UNDER THIS COMMITMENT IS TO ISSUE A PO LICY TO A PRO PO SED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIO NS OF THIS CO MMITMENT. THE COMPANY HAS NO LIABILITY O R O BLIGATION INVOLVING THE CO NTENT OF THIS CO MMITMENT TO ANY OTHER PERSO N. . COMMITMENT TO ISSUE POLICY Subjec t to the Notice; Sc hedule B, Part I—Requirements; Sc hedule B, Part II—Exceptions ; and the Commitment Conditions , Old Republic National Title Insurance Company , a Minnes ota c orporation (the “Company”), commits to issue the Policy ac c ording to the terms and provisions of this Commitment. This Commitment is effectiv e as of the Commitment Date s hown in Schedule A for eac h Polic y described in Sc hedule 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 Propos ed Ins ured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period s pec ified in the Commitment to Is s ue Polic y , Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not v alid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defec t, lien, encumbranc e, adv ers e 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. LIMITATIO NS OF LIABILITY i. c omply with the Schedule B, Part I—Requirements ; ii. eliminate, with the Company’s written consent, any Sc hedule B, Part II—Exceptions ; or iii. ac quire the Title or create the Mortgage c ov ered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not construc tive notice imparted by the Public Rec ords .(a) “Land”: The land described in Sc hedule A and affix ed improv ements that by law c ons titute real property . The term “Land” does not include any property bey ond the lines of the area described in Sc hedule A, nor any right, title, interes t, estate, or eas ement in abutting streets, roads, avenues, alley s , lanes , way s , or waterway s , but this does not modify or limit the ex tent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trus t, or other s ec urity ins trument, including one evidenced by electronic means authoriz ed by law.(c ) “Policy”: Eac h contrac t of title insurance, in a form adopted by the American Land Title Association, is s ued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Eac h person identified in Schedule A as the Propos ed Ins ured of each Policy to be issued purs uant to this Commitment.(e) “Proposed Policy Amount”: Eac h dollar amount specified in Schedule A as the Propos ed Polic y Amount of each Policy to be issued purs uant to this Commitment. (f) “Public Rec ords ”: Rec ords establis hed under s tate statutes at the Commitment Date for the purpose of imparting construc tive notice of matters relating to real property to purchasers for v alue and without Knowledge. (g) “Title”: The es tate or interest described in Sc hedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c ) Schedule A;(d) Schedule B, Part I—Requirements ; and(e) Schedule B, Part II—Ex c eptions; and(f) a counter-s ignature by the Company or its is s uing agent that may be in elec tronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s ac tual ex pens e incurred in the interv al between the Company’s deliv ery to the Propos ed Ins ured of the Commitment and the deliv ery of the amended Commitment, res ulting from the Propos ed Ins ured’s good faith relianc e to: (a) The Company s hall not be liable under Commitment Condition 5(a) if the Propos ed Ins ured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only hav e liability under Commitment Condition 4 if the Propos ed Ins ured would not hav e incurred the ex pens e had the Commitment inc luded the added matter when the Commitment was first delivered to the Proposed Insured. (c ) The Company’s liability s hall not exceed the les s er of the Propos ed Ins ured’s actual expense inc urred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Propos ed Polic y Amount. (d) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS CO MMITMENT HAS BEEN ISSUED BY AN ISSUING AG ENT The issuing agent is the Company ’s agent only for the limited purpose of is s uing title ins uranc e commitments and polic ies . The is s uing agent is not the Company ’s agent for the purpose of prov iding closing or settlement s erv ic es . 8. PRO -FO RMA PO LICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illus trating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma polic y is deliv ered to a Proposed Insured, nor is it a c ommitment to ins ure. 9. ARBITRATION The Polic y contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less s hall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Propos ed Ins ured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREO F, Land Title Ins uranc e Corporation has c aus ed its corporate name and s eal to be affix ed by its duly authoriz ed officers on the date shown in Schedule A to be valid when counters igned by a validating officer or other authoriz ed signatory . Is s ued by : Land Title Guarantee Com pany 3033 Eas t First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Ins urance Company, a Stock Com pany 400 Sec ond Av enue South Minneapolis , Minnes ota 55401 (612)371-1111 Mark Bilbrey, Pres ident Rande Yeager, Sec retary This page is only a part of a 2016 ALTA® Commitment for Title Ins uranc e issued by Land Title Ins uranc e Corporation. This Commitment is not valid without the Notice; the Commitment to Is s ue Polic y ; the Commitment Conditions; Sc hedule A; Schedule B, Part I—Requirements ; and Sc hedule B, Part II—Exceptions ; and a counter-s ignature by the Company or its is s uing agent that may be in elec tronic form. Copyright 2006-2016 Americ an Land Title As s oc iation. All rights reserved. The use of this Form (or any derivativ e thereof) is restric ted to ALTA lic ens ees and ALTA members in good standing as of the date of us e. All other us es are prohibited. Reprinted under license from the American Land Title Association. The Company s hall not be liable for the content of the Transaction Identific ation Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Sc hedule B, Part I—Requirements hav e been met to the s atisfac tion of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Propos ed Ins ured identified in Sc hedule A, and no other pers on, may make a claim under this Commitment.(a) Any c laim must be bas ed in c ontract and must be res tricted solely to the terms and prov is ions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the ex c lus iv e and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior c ommitment negotiations , repres entations , and proposals of any kind, whether written or oral, ex pres s or implied, relating to the subject matter of this Commitment. (c ) The deletion or modification of any Schedule B, Part II—Ex c eption does not constitute an agreement or obligation to prov ide coverage bey ond the terms and prov is ions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authentic ated by a pers on authoriz ed by the Company.(e) When the Polic y is is s ued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 HIGH COUNTRY ENGINEERING HIGH COUNTRY ENGINEERING - BILL NEMETH 1517 BLAKE AVENUE SUITE 101 Glenwood Springs, CO 81601 Invoice Number:GWS-5180 Date: November 28, 2018 Order Number:63013329 Property Address:TBD CARBONDALE 81623 Parties:A Buyer To Be Determined Invoice Charges Service: TBD Commitment Ref: 63013329 Addr: TBD Party: EDGELL FRANKLIN PYLES AND MARTHA C. PICKETT Total Amount Invoiced: Less Payment(s): Balance Due: $216.00 $216.00 $0.00 $216.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS-5180 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 63013329 Our Order Number:GWS-5180 Our Customer Number:77719.1 Invoice Requested by:HIGH COUNTRY ENGINEERING - BILL NEMETH Invoice (Process) Date:November 28, 2018 Transaction Invoiced By:Web Services Email Address:system@ltgc.com Land Title Gua ra ntee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GW63013329 Date: 11/28/2018 Property Addres s :TBD, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax ) glenwoodresponse@ltgc.com HIGH COUNTRY ENGINEERING Attention: BILL NEM ETH 1517 BLAKE AVENUE SUITE 101 GLENWOOD SPRINGS, CO 81601 (970) 945-8676 (Work ) WNEMETH@HCENG.COM Deliv ered via: Electronic M ail Land Title Gua ra ntee Company Estimate of Title Fees Order Number:GW63013329 Date: 11/28/2018 Property Addres s :TBD, CARBONDALE, CO 81623 Parties:A BUYER TO BE DETERMINED EDGELL FRANKLIN PYLES AND M ARTHA C. PICKETT Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Comm itm ent $216.00 Total $216.00 If Land Title Guarantee Com pany will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The docum ents link ed in this c omm itm ent s hould be rev iewed c arefully. Thes e doc uments, such as covenants c onditions and restrictions , may affect the title, ownership and us e of the property . You may wish to engage legal as s istance in order to fully understand and be aware of the implications of the effec t of thes e doc uments on your property . Chain of Title Documents: Garfield county recorded 09/17/2018 under reception no. 911832 Plat Map(s): Garfield county recorded 04/06/1995 under reception no. 476330 Copy right 2006-2018 Am eric an Land Title Association. All rights res erved. The us e of this Form is res tric ted to ALTA licensees and ALTA mem bers in good s tanding as of the date of use. All other us es are prohibited. Reprinted under lic ens e from the Am eric an Land Title Association. Property Address: TBD, CARBONDALE, CO 81623 1.Effective Date: 10/31/2018 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Com mitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: EDGELL FRANKLIN PYLES AND M ARTHA C. PICKETT 5.The Land referred to in this Commitment is described as follows: LOT C-7 ASPEN GLEN FILING NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330. COUNTY OF GARFIELD STATE OF COLORADO A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule A Order Num ber:GW63013329 ALTA COM MITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63013329 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the M ortgage to be insured, or both, must be properly authoriz ed, executed, delivered, and recorded in the Public Records. THIS COMM ITM ENT IS FOR INFORM ATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoriz ing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REM OVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREM ISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 11, 1892 IN BOOK 12 AT PAGE 133, AND RECORDED JANUARY 11, 1893 IN BOOK 12 AT PAGE 250. 9.AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J . CHUC IN WARRANTY DEED RECORDED DECEM BER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNM ENTS THEREOF OR INTERESTS THEREIN. 10.TERM S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN LICENSE AGREEMENT RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 636. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63013329 11.TERM S AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMM ISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:] ]A. RESOLUTION #92-056 RECORDED J UNE 29, 1992 IN BOOK 835 AT PAGE 305 AND AM ENDED IN RESOLUTION #97-38 RECORDED APRIL 16, 1997 IN BOOK 1015 AT PAGE 617.] ]B. RESOLUTION #93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824.] ]C. RESOLUTION #94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620.] ]D. RESOLUTION #94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.] ]E. RESOLUTION #94- 139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.] ]F. RESOLUTION #95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.] ]G. RESOLUTION #96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682.] ]H. RESOLUTION #96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686.] ]I. RESOLUTION #96-26 RECORDED M AY 09, 1996 IN BOOK 977 AT PAGE 399.] ]J . RESOLUTION #98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757. 12.TERM S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 970. 13.TERM S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN OUT OF DISTRICT SEWER SERVICE AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. 14.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OM ITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERM ITTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED M AY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED M AY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEM ENTAL DECLARATION RECORDED SEPTEM BER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEM BER 14, 1999 IN BOOK 1164 AT PAGE 755, THIRTEENTH SUPPLEM ENTAL DECLARATION RECORDED J ULY 17, 2000 IN BOOK 1197 AT PAGE 740, FOURTEENTH SUPPLEM ENTAL DECLARATION M AY 08, 2003 IN BOOK 1467 AT PAGE 910, AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEM BER 21, 2004 IN BOOK 1643 AT PAGE 795 AND AM ENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED MARCH 23, 2007 IN BOOK 1905 AT PAGE 523. 15.TERM S, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEM ENTS AND RIGHTS OF WAY AS CONTAINED IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63013329 16.TERM S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED DECEMBER 1, 1995 IN BOOK 959 AT PAGE 968. 17.TERM S, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAM ING CERTAIN STREETS WITHIN ASPEN GLEN P.U.D. RECORDED MARCH 13, 2007 AT RECEPTION NO. 718915. 18.EASEM ENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN PLANNED UNIT DEVELOPM ENT RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330. 19.EASEM ENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN PLANNED UNIT DEVELOPM ENT, AMENDED RECORDED JANUARY 28, 2003, UNDER RECEPTION NO. 619494. 20.EASEM ENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458. 21.TERM S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2014-80 RECORDED DECEMBER 15, 2014 AS RECEPTION NO. 857186. 22.TERM S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PC-2017-01 RECORDED AUGUST 16, 2017 AS RECEPTION NO. 896187. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63013329 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effec tive Septem ber 1, 1997, CRS 30-10-406 requires that all doc uments rec eived for recording or filing in the c lerk and recorder's office shall contain a top margin of at leas t one inch and a left, right and bottom m argin of at least one half of an inch. The c lerk and recorder m ay refuse to rec ord or file any doc ument that does not conform, except that, the requirem ent for the top m argin s hall not apply to docum ents us ing forms on which space is provided for rec ording or filing information at the top margin of the docum ent. Note: Colorado Divis ion of Insuranc e Regulations 8-1-2 requires that "Every title entity shall be res pons ible for all m atters whic h appear of rec ord prior to the tim e of recording whenev er the title entity c onduc ts the c losing and is res pons ible for recording or filing of legal docum ents resulting from the trans ac tion which was c losed". Provided that Land Title Guarantee Com pany c onduc ts the c losing of the insured transaction and is res pons ible for rec ording the legal doc uments from the transaction, ex c eption num ber 5 will not appear on the Owner's Title Polic y and the Lenders Policy when issued. Note: Affirmativ e mechanic 's lien protec tion for the Owner may be available (typic ally by deletion of Ex c eption no. 4 of Sc hedule B, Section 2 of the Com mitment from the Owner's Polic y to be issued) upon c ompliance with the following c onditions : No coverage will be given under any c irc umstances for labor or m aterial for whic h the insured has c ontracted for or agreed to pay . Note: Pursuant to CRS 10-11-123, notic e is hereby given: The Subjec t real property may be loc ated in a special taxing district.(A) A c ertificate of taxes due listing eac h tax ing juris diction will be obtained from the county treas urer of the c ounty in whic h the real property is loc ated or that county treas urer's authorized agent unles s the proposed ins ured prov ides written ins tructions to the c ontrary . (for an Owner's Policy of Title Ins urance pertaining to a s ale of res idential real property ). (B) The inform ation regarding s pec ial districts and the boundaries of such dis tric ts may be obtained from the Board of County Comm issioners, the County Clerk and Rec order, or the County As s es s or. (C) The land des c ribed in Schedule A of this com mitment m us t be a s ingle family res idence which inc ludes a c ondominium or townhous e unit. (A) No labor or materials hav e been furnis hed by mechanic s or m aterial-men for purposes of construc tion on the land des c ribed in Schedule A of this Comm itm ent within the past 6 m onths . (B) The Company m us t receiv e an appropriate affidav it indemnify ing the Company agains t un-filed m ec hanic's and material-m en's liens. (C) The Company m us t receiv e pay ment of the appropriate prem ium .(D) If there has been construc tion, improv ements or major repairs undertaken on the property to be purc has ed within six months prior to the Date of Comm itm ent, the requirem ents to obtain coverage for unrec orded liens will inc lude: disclos ure of certain construc tion inform ation; financ ial information as to the s eller, the builder and or the contrac tor; pay ment of the appropriate prem ium fully ex ec uted Indemnity Agreem ents s atisfactory to the c ompany, and, any additional requirements as m ay be nec es s ary after an ex amination of the afores aid inform ation by the Company. (E) This notice applies to owner's polic y c omm itm ents disclos ing that a m ineral estate has been severed from the s urface es tate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, inc omplete, or m isleading facts or information to an insuranc e c ompany for the purpose of defrauding or attempting to defraud the com pany . Penalties may include im pris onment, fines , denial of insuranc e, and c ivil dam ages . Any insuranc e c ompany or agent of an insuranc e c ompany who k nowingly prov ides fals e, incom plete, or mis leading fac ts or inform ation to a policyholder or c laimant for the purpose of defrauding or attempting to defraud the policyholder or c laimant with regard to a settlement or award pay able from insuranc e proceeds shall be reported to the Colorado Div ision of Ins urance within the Department of Regulatory Agenc ies. Note: Pursuant to Colorado Div ision of Ins urance Regulations 8-1-3, notice is hereby giv en of the av ailability of a clos ing protection letter for the lender, purc has er, les s ee or seller in connection with this trans ac tion. That there is rec orded evidenc e that a mineral es tate has been s ev ered, leas ed, or otherwis e c onv ey ed from the s urface estate and that there is substantial likelihood that a third party holds som e or all interest in oil, gas , other minerals , or geothermal energy in the property ; and (A) That such m ineral estate m ay include the right to enter and use the property without the surfac e owner's permis s ion.(B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to y ou as a c us tomer of Land Title Guarantee Com pany as agent for Land Title Ins urance Corporation and Old Republic National Title Ins urance Company. We want you to know that we rec ognize and res pec t y our privacy expectations and the requirem ents of federal and s tate priv ac y laws . Inform ation security is one of our highes t priorities. We rec ognize that m aintaining your trust and confidenc e is the bedrock of our bus iness. We m aintain and regularly review internal and ex ternal s afeguards agains t unauthoriz ed ac c es s to non-public pers onal inform ation ("Pers onal Information"). In the c ourse of our bus iness, we may collect Pers onal Information about y ou from : applic ations or other forms we receiv e from y ou, including com munic ations sent through TM X, our web-based transaction managem ent s y s tem; y our trans ac tions with, or from the s ervic es being perform ed by us , our affiliates , or others ; a c ons umer reporting agency, if s uc h information is prov ided to us in c onnec tion with your transaction; and The public rec ords m aintained by gov ernm ental entities that we either obtain directly from thos e entities , or from our affiliates and non-affiliates. Our policies regarding the protec tion of the confidentiality and security of your Personal Inform ation are as follows: We restrict access to all Pers onal Information about y ou to thos e employ ees who need to know that information in order to provide products and serv ices to you. We maintain physic al, elec tronic and procedural safeguards that c omply with federal s tandards to protec t y our Personal Inform ation from unauthorized access or intrus ion. Employ ees who violate our s tric t polic ies and proc edures regarding priv ac y are subjec t to disciplinary action. We regularly as s es s s ec urity s tandards and proc edures to protec t against unauthorized access to Pers onal Inform ation. WE DO NOT DISCLOSE ANY PERSONAL INFORM ATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERM ITTED BY LAW. Consis tent with applic able privacy laws, there are som e s ituations in which Pers onal Information may be dis c losed. We may dis c lose your Personal Inform ation when y ou direc t or giv e us perm ission; when we are required by law to do s o, for ex ample, if we are serv ed a s ubpoena; or when we suspect fraudulent or c riminal activ ities . We also m ay disclos e y our Personal Inform ation when otherwise permitted by applic able privacy laws such as, for ex ample, when dis c losure is needed to enforce our rights aris ing out of any agreement, trans ac tion or relationship with y ou. Our policy regarding dispute res olution is as follows : Any c ontrovers y or claim aris ing out of or relating to our priv ac y polic y , or the breac h thereof, shall be settled by arbitration in accordanc e with the rules of the American Arbitration Association, and judgm ent upon the award rendered by the arbitrator(s) may be entered in any court hav ing juris diction thereof. Commitme nt For Title Insuranc e Issued by Old Republic National Title Insurance Corporation NO TICE IMPO RTANT—READ CAREFULLY: THIS CO MMITMENT IS AN O FFER TO ISSUE ONE O R MORE TITLE INSURANCE PO LICIES. ALL CLAIMS O R REMEDIES SO UGHT AGAINST THE CO MPANY INVO LVING THE CO NTENT OF THIS COMMITMENT O R THE PO LICY MUST BE BASED SOLELY IN CONTRACT. THIS CO MMITMENT IS NO T AN ABSTRACT O F TITLE, REPORT O F THE CO NDITIO N O F TITLE, LEG AL OPINION, O PINIO N O F TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PRO CEDURES USED BY THE CO MPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PRO PRIETARY TO THE CO MPANY, WERE PERFORMED SO LELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSO N, INCLUDING A PRO PO SED INSURED. THE COMPANY’S O BLIGATION UNDER THIS COMMITMENT IS TO ISSUE A PO LICY TO A PRO PO SED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIO NS OF THIS CO MMITMENT. THE COMPANY HAS NO LIABILITY O R O BLIGATION INVOLVING THE CO NTENT OF THIS CO MMITMENT TO ANY OTHER PERSO N. . COMMITMENT TO ISSUE POLICY Subjec t to the Notice; Sc hedule B, Part I—Requirements; Sc hedule B, Part II—Exceptions ; and the Commitment Conditions , Old Republic National Title Insurance Company , a Minnes ota c orporation (the “Company”), commits to issue the Policy ac c ording to the terms and provisions of this Commitment. This Commitment is effectiv e as of the Commitment Date s hown in Schedule A for eac h Polic y described in Sc hedule 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 Propos ed Ins ured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period s pec ified in the Commitment to Is s ue Polic y , Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not v alid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defec t, lien, encumbranc e, adv ers e 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. LIMITATIO NS OF LIABILITY i. c omply with the Schedule B, Part I—Requirements ; ii. eliminate, with the Company’s written consent, any Sc hedule B, Part II—Exceptions ; or iii. ac quire the Title or create the Mortgage c ov ered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not construc tive notice imparted by the Public Rec ords .(a) “Land”: The land described in Sc hedule A and affix ed improv ements that by law c ons titute real property . The term “Land” does not include any property bey ond the lines of the area described in Sc hedule A, nor any right, title, interes t, estate, or eas ement in abutting streets, roads, avenues, alley s , lanes , way s , or waterway s , but this does not modify or limit the ex tent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trus t, or other s ec urity ins trument, including one evidenced by electronic means authoriz ed by law.(c ) “Policy”: Eac h contrac t of title insurance, in a form adopted by the American Land Title Association, is s ued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Eac h person identified in Schedule A as the Propos ed Ins ured of each Policy to be issued purs uant to this Commitment.(e) “Proposed Policy Amount”: Eac h dollar amount specified in Schedule A as the Propos ed Polic y Amount of each Policy to be issued purs uant to this Commitment. (f) “Public Rec ords ”: Rec ords establis hed under s tate statutes at the Commitment Date for the purpose of imparting construc tive notice of matters relating to real property to purchasers for v alue and without Knowledge. (g) “Title”: The es tate or interest described in Sc hedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c ) Schedule A;(d) Schedule B, Part I—Requirements ; and(e) Schedule B, Part II—Ex c eptions; and(f) a counter-s ignature by the Company or its is s uing agent that may be in elec tronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s ac tual ex pens e incurred in the interv al between the Company’s deliv ery to the Propos ed Ins ured of the Commitment and the deliv ery of the amended Commitment, res ulting from the Propos ed Ins ured’s good faith relianc e to: (a) The Company s hall not be liable under Commitment Condition 5(a) if the Propos ed Ins ured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only hav e liability under Commitment Condition 4 if the Propos ed Ins ured would not hav e incurred the ex pens e had the Commitment inc luded the added matter when the Commitment was first delivered to the Proposed Insured. (c ) The Company’s liability s hall not exceed the les s er of the Propos ed Ins ured’s actual expense inc urred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Propos ed Polic y Amount. (d) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS CO MMITMENT HAS BEEN ISSUED BY AN ISSUING AG ENT The issuing agent is the Company ’s agent only for the limited purpose of is s uing title ins uranc e commitments and polic ies . The is s uing agent is not the Company ’s agent for the purpose of prov iding closing or settlement s erv ic es . 8. PRO -FO RMA PO LICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illus trating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma polic y is deliv ered to a Proposed Insured, nor is it a c ommitment to ins ure. 9. ARBITRATION The Polic y contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less s hall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Propos ed Ins ured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREO F, Land Title Ins uranc e Corporation has c aus ed its corporate name and s eal to be affix ed by its duly authoriz ed officers on the date shown in Schedule A to be valid when counters igned by a validating officer or other authoriz ed signatory . Is s ued by : Land Title Guarantee Com pany 3033 Eas t First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Ins urance Company, a Stock Com pany 400 Sec ond Av enue South Minneapolis , Minnes ota 55401 (612)371-1111 Mark Bilbrey, Pres ident Rande Yeager, Sec retary This page is only a part of a 2016 ALTA® Commitment for Title Ins uranc e issued by Land Title Ins uranc e Corporation. This Commitment is not valid without the Notice; the Commitment to Is s ue Polic y ; the Commitment Conditions; Sc hedule A; Schedule B, Part I—Requirements ; and Sc hedule B, Part II—Exceptions ; and a counter-s ignature by the Company or its is s uing agent that may be in elec tronic form. Copyright 2006-2016 Americ an Land Title As s oc iation. All rights reserved. The use of this Form (or any derivativ e thereof) is restric ted to ALTA lic ens ees and ALTA members in good standing as of the date of us e. All other us es are prohibited. Reprinted under license from the American Land Title Association. The Company s hall not be liable for the content of the Transaction Identific ation Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Sc hedule B, Part I—Requirements hav e been met to the s atisfac tion of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Propos ed Ins ured identified in Sc hedule A, and no other pers on, may make a claim under this Commitment.(a) Any c laim must be bas ed in c ontract and must be res tricted solely to the terms and prov is ions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the ex c lus iv e and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior c ommitment negotiations , repres entations , and proposals of any kind, whether written or oral, ex pres s or implied, relating to the subject matter of this Commitment. (c ) The deletion or modification of any Schedule B, Part II—Ex c eption does not constitute an agreement or obligation to prov ide coverage bey ond the terms and prov is ions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authentic ated by a pers on authoriz ed by the Company.(e) When the Polic y is is s ued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: dprince@aspenglenhoa.com 1 Homeowners Association at Aspen Glen, Inc. February 8, 2019 Ms. Tricia Parish via email Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Referral for the Proposed Amended Plat for Lot C-6 / 59 River’s Bend & C-7 / 23 River’s Bend Dear Tricia, This letter is to confirm that the Aspen Glen Design Review Committee (DRC) reviewed the proposed plat amendment to combine Lots C-6 & C-7 (59 River’s Bend & 23 River’s Bend) into one lot and adjust the building envelope on lot C-6, to accommodate a golf cart garage within an adjusted building envelope. The DRC reviewed the plat amendment at the February 6, 2019 regular meeting. The DRC noticed property owners within the vicinity of the property and there were no objections. 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 on either property. 3. The landscape architect, Christie Jensen, and an engineer will work with Jake and ClubCorp on the ditch pipe and a legal agreement drawn up protecting the club. 4. The DRC has only approved the lot tie and building envelope modification. Any further improvements to the property require final DRC review and approval. Reference: Lot C-6 Improvement Location Certificate dated, 5/3/2011 and Lot C-7 Improvement Survey Plat dated 12/4/2018. 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: dprince@aspenglenhoa.com 2 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 Design Review Committee Cc: DRC Marty Pickett & Edgell Pyles Christie Jensen SS WV WVWV E W CO WV DYH E SS WV SS FOUND #5 REBAR WITH 1.25" RED PLASTIC CAP LS #33638 FOUND #5 REBAR WITH 1.25" YELLOW PLASTIC CAP LS #23875E. DI A M O N D A R A N C H R O A D 29' R. O. W.RIVERS BEND27' R .O .W . 494 E. DIAMOND A RANCH ROAD LOT C8 MERLYN & ANITA SAMPELS REVOCABLE TRUST P.I.239320403008 59 RIVERS BEND LOT C6 FRANKLIN EDGELL PYLES & MARTHA C. PICKETT P.I.239320403006 LOT C7 FRANKLIN EDGELL PYLES & MARTHA C PICKETT P.I.239320403007 12" CMP (TYP.) FOUND #5 REBAR WITH 1.25" YELLOW PLASTIC CAP ILLEGIBLE 25' FOUND #5 REBAR WITH 1.25" YELLOW PLASTIC CAP LS #15710 point of beginning FOUND #5 REBAR WITH NO CAP28.45.8 5.9 6. 0 9.819.1 14.01.7 0.8 8.8 0.8 2.3 0.8 8.8 0.9 1.5 3.9 1.7 0.7 8.9 0.8 1.8 31.417.5 23.07.4 22.45.515.25. 511.25.6 3.43.2 13.1 4.64.7 4.1 4.7 3.8 14.9 6.02.0 10.41.9 14.914.640.5' PATIO HOT TUB OUTDOOR KITCHEN CONC R E T E D R I V EN16°42'29"W176.56Δ =2 1 °4 7 '0 2 " R =2 0 2 .5 0 'D I S T =7 6 .9 9 'C H B R G =N 6 2 °0 3 '3 2 "E C H D I S T =7 6 .5 3 'Δ=80°37'16" R=24.00' DIST=33.77' CH BRG=S88°38'51"E CH DIST=31.05' 25' DRAINAGE EASEMENT PER RECEPTION #476330 25' DRAINAGE AND IRRIGATION EASEMENT PER RECEPTION #47633031.3'12.5'25'25'GOLF COURSE PARCEL 2 ASPEN GLEN GOLF COURSE MANAGEMENT COMPANY P.I.239320300385 S48°31'22"E 7.94 Δ=61°59'07" R=347.52' DIST=375.96' CH BRG=S17°35'35"E CH DIST=357.90' N79°5 2 ' 2 3 " W 162.6 3N00°57'55"W113.61FOUND #5 REBAR WITH 1.25" YELLOW PLASTIC CAP LS #15710 DITCH FLOWLINE BASIS OF BEARINGSAMENDED LOT C6 FRANKLIN EDGELL PYLES & MARTHA C PICKETT AREA = ± 51,474 SQ. FT. 1.18 AC. LOWE R L E V E L E N T R Y 7.5' UTILITY AND DRAINAGE EASEMENT PER RECEPTION #476330 7.5' UTILITY AND DRAINAGE EASEMENT PER RECEPTION #476330 7.5' UTILITY AND DRAINAGE EASEMENT PER RECEPTION #476330 11.5' UTILITY EASEMENT PER RECEPTION #476330 15.5' UTILITY EASEMENT PER RECEPTION #476330 1 inch = ft. (IN U.S. SURVEY FEET) GRAPHIC SCALE 0010 5 10 20 40 10 BYNO.DATEBYPROJECT NO.OR 534 - 06700 IN METRO DENVERUNDERGROUND MEMBER UTILITIESEXCAVATE FOR THE MARKING OFBEFORE YOU DIG, GRADE, ORCALL 2-BUSINESS DAYS IN ADVANCE1-800-922-1987CENTER OF COLORADOCALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC.PHONE (970) 945-8676 - FAX (970) 945-2555www.hceng.comdrawn by:checked by:date:file:1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601SHEET NUMBER 2191609 1 of 1EDGELL PYLES & MARTY PICKETTASPEN GLENAMENDED FIANL PLATMERGER OF LOTS C6 & C7OF ASPEN GLEN, FILING 1WJNBWAB3.19.192191609AMENDED FINAL PLAT OF LOT C6 ASPEN GLEN AMENDED PLAT SHOWING A MERGER OF LOTS C6 & C7 OF ASPEN GLEN, FILING 1, RECEPTION #476330 SECTION 20 & 29, TOWNSHIP 7 SOUTH, RANGE 80 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO NOTES 1.THE PURPOSE OF THIS PLAT IS TO MERGE LOTS C6 AND C7 OF RECEPTION #476330 INTO ONE LOT AND TO AMEND THE BUILDING ENVELOPE OF LOT C6 OF RECEPTION #476330 TO ALLOW ROOM FOR A BUILDING ADDITION. 2.DATE OF FIELD SURVEY: OCTOBER 22, 2018 & FEBRUARY 27, 2019. 3.THE ASSUMED BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N00°57'55"E ALONG THE WESTERLY BOUNDARY LINE OF LOT C6 OF RECEPTION #476330 BETWEEN A FOUND #5 REBAR WITH 1.25" YELLOW PLASTIC CAP AND ANOTHER FOUND #5 REBAR WITH 1.25" YELLOW PLASTIC CAP AS SHOWN HEREON.. 4.THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR OF THE PROPERTY SHOWN AND DESCRIBED HEREON TO DETERMINE: A) OWNERSHIP OF THE TRACT OF LAND B) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJOINERS C) RIGHT'S-OF WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL. 5.FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. GW63013329, EFFECTIVE DATE OF 10/31/2018 AND TITLE COMMITMENT NO. GW63013593, EFFECTIVE DATE OF 02/28/2019; BOTH COMMITMENTS ISSUED BY LAND TITLE GUARANTEE COMPANY. 6.ALL DIMENSIONS AND COURSES ARE AS MEASURED IN THE FIELD UNLESS DENOTED IN PARENTHESIS, WHICH DENOTE THE BOUNDARIES OF RECORD ON THE ORIGINAL PLAT OF ASPEN GLEN, FILING 1 IN THE PUBLIC RECORDS OF GARFIELD COUNTY, STATE OF COLORADO, RECEPTION #476330. 7.ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO SECTION 18-4-508 OF THE COLORADO REVISED STATUTES. 8.THE CLIENT DID NOT REQUEST ADDITIONAL EASEMENTS, RIGHT'S-OF-WAY OR IMPROVEMENTS BE RESEARCHED OR SHOWN ON THIS PLAT. 9.THE WORD "CERTIFY" AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THE SURVEY, AS BASED UPON THE EVIDENCE PRESENTED HEREON, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. 10.NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. LEGEND FOUND PROPERTY CORNER - AS DESCRIBED ELECTRICAL TRANSFORMER ELECTRIC MANHOLEE E TELEPHONE PEDESTAL CATV PEDESTAL WATER VALVE FIRE HYDRANT WATER METER DYH WV W SANITARY CLEAN-OUT SANITARY MANHOLESS CO STREET SIGN TOP BACK OF CURB BUILDING SETBACK LINE PROPERTY BOUNDARY LINE CURB FLOWLINE EASEMENT LINE COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED [EXEMPTION] PLAT THIS_____DAY OF_______________A.D.,20_____ , FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT 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. ATTEST:____________________________________________ COUNTY CLERK CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: _____________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________ CONTAINING 1.18 ACRES, MORE OR LESS, HAS (HAVE) CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS AMENDED PLAT UNDER THE NAME AND STYLE OF AMENDED FINAL PLAT OF LOT C6 ASPEN GLEN, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS_____DAY OF_______________, A.D., 20_____. OWNER:_____________________________________________________ ADDRESS:___________________________________________________ STATE OF COLORADO ) ):SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS______DAY OF_______________A.D., 20_____, BY___________________________________________. MY COMMISSION EXPIRES:_______________________________________________________. WITNESS MY HAND AND OFFICIAL SEAL. _______________________________________________________________________________ (SEAL) NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT________O'CLOCK , ON THIS_____DAY OF 20_____ , AND IS DULY RECORDED AS RECEPTION NO.____________ ___________________________________________________________ CLERK AND RECORDER BY____________________________________________________________ DEPUTY COUNTY SURVEYOR'S 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 THIS_____DAY OF_______________A.D., 20_____. ____________________________________________________________ GARFIELD COUNTY SURVEYOR TITLE CERTIFICATE |,________________________________________________________________________________________________ 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 EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN________________________________________________________________________________________________, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: _____________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________ DATED THIS_____DAY OF_______________A.D., 20_____. TITLE COMPANY:_______________________________________________________________________________ AGENT:_______________________________________________________________________________________ OR ATTORNEY:____________________________________________________________________________________ COLORADO ATTORNEY REGISTRATION NO.____________ 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 PLAT ARE PAID IN FULL. DATED THIS_____DAY OF_______________A.D., 20_____. _________________________________________________________________________________________________ TREASURER OF GARFIELD COUNTY LINE TO BE VACATED PER THIS PLAT BUILDING ENVELOPE TO BE VACATED PER THIS PLAT AMENDED LOT C6 SUBSERVIENTLY DESCRIBED AS: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; COMMENCING AT THE SOUTHWEST CORNER OF LOT C6 OF THE ASPEN GLEN SUBDIVISION, FILING 1, RECEPTION #476330, SAID CORNER BEING A #5 REBAR WITH 1.25" YELLOW PLASTIC CAP STAMPED WITH LS #15710, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE COMMON BOUNDARY OF LOTS C6 AND C8 OF SAID RECEPTION #476330 N00°57'55"W, A DISTANCE OF 133.61 FEET TO A #5 REBAR WITH 1.25" YELLOW PLASTIC CAP WITH AN ILLEGIBLE STAMP, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE COMMON BOUNDARY OF LOTS C7 AND C8 OF SAID RECEPTION #476330 N16°42'29"W, A DISTANCE OF 176.56 FEET TO A POINT ON THE RIGHT-OF-WAY OF E DIAMOND A RANCH ROAD, SAID POINT BEING A #5 REBAR WITH 1.25" RED PLASTIC CAP STAMPED WITH LS #33638; THENCE 76.99 FEET ALONG THE COMMON BOUNDARY OF LOT C7 OF SAID RECEPTION #476330 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF E DIAMOND A RANCH ROAD, SAID DISTANCE FOLLOWS THE ARC OF A NON-TANGENTIAL CURVE TURNING TO THE LEFT WHOSE RADIUS IS 202.50 FEET (LONG CHORD BEARS N62°03'32"E, 76.53 FEET) TO A POINT OF REVERSE CURVATURE, SAID POINT BEING A #5 REBAR WITH 1.25" YELLOW PLASTIC CAP STAMPED WITH LS #23875; THENCE 33.77 FEET ALONG THE COMMON BOUNDARY OF LOT C7 OF SAID RECEPTION #476330 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF E DIAMOND A RANCH ROAD, SAID DISTANCE FOLLOWS THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 24.00 FEET (LONG CHORD BEARS S88°38'51"E, 31.05 FEET) TO A #5 REBAR WITH 1.25" YELLOW PLASTIC CAP STAMPED WITH LS #23875; THENCE ALONG THE COMMON BOUNDARY OF LOT C7 OF SAID RECEPTION #476330 AND THE WESTERLY RIGHT-OF-WAY LINE OF RIVERS BEND S48°31'22"E, A DISTANCE OF 7.94' TO A #5 REBAR WITH 1.25" YELLOW PLASTIC CAP STAMPED WITH LS #23875; THENCE 375.96 FEET ALONG THE COMMON BOUNDARY OF LOTS C7 AND C6 OF SAID RECEPTION #476330 AND THE WESTERLY RIGHT-OF-WAY LINE OF RIVERS BEND, SAID DISTANCE FOLLOWS THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 347.52 FEET (LONG CHORD BEARS S17°35'35"E, 357.90 FEET) TO A #5 REBAR WITH NO CAP; THENCE ALONG THE COMMON BOUNDARY OF LOT C6 AND GOLF COURSE PARCEL 2 OF SAID RECEPTION #476330 N79°52'23"W, A DISTANCE OF 162.63 FEET TO THE POINT OF BEGINNING. THE SAID PARCEL OF LAND CONSISTS OF 51,474 SQUARE FEET (1.18 ACRES), MORE OR LESS. SURVEYOR'S CERTIFICATE I, BILL W.A. BAKER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS IS A TRUE, CORRECT AND COMPLETE PLAT OF AMENDED FINAL PLAT OF LOT C6 ASPEN GLEN 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 LOTS, EASEMENTS AND STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS_____DAY OF_______________A.D., 20_____. ________________________________________________________________ PROFESSIONAL LAND SURVEYOR BUILDING ENVELOPE PER RECEPTION #476330 (TYP.) VICINITY MAP PROJECT LOCATION 3.8'26.9'CROSS HATCH INDICATES AMENDED AREA OF BUILDING ENVELOPE AREA = ± 45.23 SQ. FT.