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HomeMy WebLinkAbout1.0 ApplicationJAN -16-2020 15:51 From: Garfield County Mineral Rights Ownership Notice Tax Parcel #R820046 (1516); R820046 (1517) Project Aspen Glen Filing No 2, I$16 & IS17 Owner Raymond F. and Mondeen M. Snyder Amended Final Plat To:19709631214 Paee:1'3 January 15, 2020 Please let this serve as information regarding Mineral Rights Ownership for Aspen Glen Filing No 2,1516 & 1517 Amended Building Envelope. We are requesting amendment of the building envelope based on technical errors associated with improvement location surveys completed in preparation for design of our home to be constructed on the lot. The building envelope had previously been amended and we intend to return the envelope configuration to the originally platted envelope. Attached is a recorded Final Plat for Aspen Glen Filing No 2,1516 &I517 which includes Aspen Glen Mineral information. The Garfield County Land Use and Development Code requires an applicant to provide notice to mineral owners in accordance with C.R.5 24-65,5-101 as such owners can be identified through records in the office of the Clerk and Records or Assessor, or through other means. If such records do not identify any mineral estate owners, including their addresses of record, "the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations..." On January 15th, 2020 we have conducted the following tasks, We, as the applicants, were required to give public notice to the Owners of Mineral Rights in Filing No 2,1516 & 1517 to aur application for amendment of the building envelope. The recorded plat attached shows Mineral Interests in Aspen Glen dated back to 1999. Four individuals or entities are listed on the plat with mineral interests. We have contacted the following offices to comply with your request of our due diligence to locate a valid address for notice. We were not successful in our attempts to get any current information. 1. Garfield County Assessor's office -spoke with Sean who performed a search for us. Answer was no data on file. JAN -16-2020 15:51 From: To:19709631214 Pa9e:2'3 2. Garfield County Geological Office— spoke with Casey who performed a records search and noted that there was no information an file in their records. 3. Garfield County Clerk and Recorder — spoke with Chrissy who walked through the website with me and confirmed that no mineral owner for the subject property has filed a request for • notification. 4. I then googled the names and came up with the following information: Leonis Chuc died in 2008 and Neva Chuc retained ownership of the rights. It appears her current address is recorded on a Land Use change application with Garfield County. (See attached in email). Current Ownership and Address: Neva Chuc c/o Joan Telinde, 944 Brush Creek Lane, Glenwood Springs, CO 81601. Ella Chase died in 1979 and on August 27, 2015 — Garfield County Commercial Investments, LLC— Proof of Ownership —Garfield County Assessor's Office,.... Recorded June 12, 1951 Book 258 Page 594 Reception No. 176326 by Ella J Chase. Ella J. Chase did not deed the reserved interest out to anyone. Not sure where to provide notice. Please let this research conclude our obligation for mineral ownership interests for the proposed plat amendment. The following will be contacted via public notice MINERAL OWNERS: NEVA CHUC C/0 JOAN TELINDE, 944 BRUSH CREEK LANE, GLENWOOD SPRINGS, CO 81601 WILLIAM WALTER GENTRY AKA WILLIAM GENTRY ESTATE OF CEASAR J. CHUC MITCHELL AND LUCILE DYER C/O PERRY CORYELL, 427 LAKE LOOP DRIVE, KALISPELL, MT 59901-8705 Thank you in advance for your consideration to this matter. Raymond F and Mondeen M Snyder 317 Wildflower, Carbondale CO 81623 970-390-3786 raysnyder a�llnsureAsset.com JAN -16-2020 15:51 From: To:19709631214 Pa9e:3'3 Regarding this Tax Parcel and Aspen Glen Filing 2,IS16 and IS17 for Raymond F and Mondeen M Snyder we agree to the following statements: 1. Provide a written statement to request for a waiver from Submission Requirements per Section 4-2021 For your reference, Section 4-202.0 is attached. The request for this waiver should state the desire to waive the submittal requirement of an Improvements Agreement. This waiver may be granted in recognizing that the merging of the two lots is consistent with the review criteria set forth in Section 4-202.0 due to the size, complexity, and nature of the application, and because no Improvements are being proposed. 2. Provide a statement that the Application request is consistent with all applicable provisions of Article 7, Divisions 1,2,3, and 4. The Application should also include representations or a statement that the amendment will not result In any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 standards from the Garfield County Land Use and Development Guide. To view the full list of Article 7 Standards from the Garfield County Land Use and Development Guide, please visit: httos://www.Barfield-countv.comJcommunity- deve lopment/fi les/sites/12/2019/07/complete-LU DC.pdf This resource may provide guidance in generating a statement that the Application will not result in any changes to the listed Article 7 Standards. 3. Provide a written statement for a waiver from submittal of the entire Covenants for the Aspen Glen PUD, reasoning that the Covenants can be found online, and including but not limited to documents recorded by the Garfield County Clerk and Recorder, as recorded on April 6, 1995 as Reception No. 476328 and July 15, 1997 a Reception No 510976 as amended including Reception No. 719512. • Signed: C Date: II 1 1,20 Raymond F Snyder Signed: Date: Mondeen M Snyder Signed (Witness) �OQ Dat\\�w Nancy A Car JAN -16-2020 15:01 From: Ray Snyder To:19709631214 Paee:1'16 From: Jeff Tuttle ejeff@tss-us.com> Sent: Thursday, January 16, 2020 12:25 PM To: raysnyder@insureasset.com Subject: Mineral owners on page 2 Attachments: AspenGlen Fi Ii ngNo.l pdf.pdf 1 JAN -16-2020 15:01 From: To:19709631214 Paee:2'16 LIv Ma rI rcn-v;a.:. ag; • • and 2.74-4.711717 •,.9 • hrrr •• r�'i1 r.L Or..^.. r.:• -T•.. .e._ . L-.'S�-..'4ryJ7.7.5�'_ �.Mwr`.... r •4.` '1^•afra'r.w.ru•rs. h,==elia=a.x..`..-. --Tr.• • •=•••%=Z. •' u.re.• mom arnow ease one He `. ry.frefess 414, Aspen (Wen Mina/ Plat tC .=.ate 4 i7 - — 494,130 JAN -16-2020 15:01 From: Ray Snyder To:19709631214 Page:3'16 From: Sent To: Subject: Attachments: Please pass this along to Ray. Thank you. Amanda Libra <ALibra@stewart,com> Thursday, January 16, 2020 1:49 PM raysnyder@insureasset.com FW: Raymond Snyder policy 1517 policy.pdf AMANDA LIBRA Escrow Coordinator Stewart Title 820 East Hopkins Avenue Aspen, CO 81611 Main Office (970) 925-3577 Direct (303) 209-65141 Fax (886) 277-9353 alibraiWstewart.com Need to send us a new order, feel free to use aspenordersebstewart.com DON'T BE A VICTIM OF WIRE FRAUD. or., C. <vt,... .(f, I,Y Stewart title Real partneri, Res? possibilities' NYSE. STC Be aware? Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** 1 JAN -16-2020 15:01 From: From: Amanda Libra Sent: Thursday, January 16, 2020 12:43 PM To: Jeff Tuttle <jeff@tss-us.com> Cc:'kate.s@stewart.com' <kate,s@stewart.com> Subject: Raymond Snyder policy To:19709631214 Pa9e:4'16 I found the old policy that we issued for Lot 15-17, Aspen Glen. See attached. The more recent closing for Lot IS -16 was done with Title Company of the Rockies. File No. 6001336 I'll call Raymond and let him know I emailed this to you. AMANDA LIBRA Escrow Coordinator Stewart Title 620 East Hopkins Avenue Aspen, CO 81611 Main Office (970) 925-3577 Direct (303) 209-6514 I Fax (666) 277-9353 alibrajQstewart.com Need to send us a new order, feel free to use aspenordersQstewart.com DON'T BE A VICTIM OF WIRE FRAUD. '.• 1Y Gp, more or cyb:.� nern,fy stewart title Real partners. Real possibilities?" NY$F,; 6TC Be awareI Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** 2 JAN -16-2020 15:03 From: To:19709631214 Page:6'16 Stewart title Roaring Fork Division 60 South 8th Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970-704-0205 Raymond Snyder and Mondeen Snyder Order Number. 951897 Property Address: 317 Wildflower Dear Customer: 0 Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property, in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolorado.ccn. You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title JAN -16-2020 15:04 From: To:19709631214 Paee:7/16 ALTA Owner's Policy (6.17.116) POLICY OF TITLE INSURANCE ISSUED RV �SteWart • title guaranty company Any notice of claim and any other notice or statement in writing required to he given the Company under this Policy must be given to the Company at the address slmwn in Section Ig of the Conditions. COVERED RISKS SIIRIEC,T TC) THE EXCLUSIONS PROM COVERAGE, THE EXCEPTIONS PROM COVERAGE CONTAINED IN SCHEDULE H AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation. (the "Company") insures. as of Date of Polity and. to the extent stated in Covered Risks 9 and In, after Date of Policy, against loss or damage, not exceeding the Amount of fnsmmnoe, sustained or incurred by the insured be reason of: I. Title being vested other than as stated in Schedule A. 2. Any dem in ur lien or encumbrance on the Title. This Coveted Risk includes bin is nut limited to insurance against loss from (a) A defect in the Title caused by (I) forgery. fraud, undue influence,duress,incompetency, incapacity, or impersonation: (II) failure of any person or Entity to have author zed a transfer ur conveyance: (iii) a document affecting Tide not properly created, executed, witnessed, Sealed, acknowledged, notarised, Or delivered: (iv) failure 10 perform those acts necessary recreate a document by electronic nleaos;anhorized by law (v) n document executed under a falsified. expired, nr otherwise invalid power of attorney • (vi) a document nut properly filed, recorded, or indexed in the Public Records including failure in perform those acts by electronic means authorized by law; or (vii) n defective judicial nr administrative proceeding. (h) The lien of real emote taxa or assessments imposed on the Title by a gnvcmmenlal authority due or payable, hal unpaid. (c) Any encroachment, encumbrance* violation, variation, or adverse circumstance affecting the Tide that would be disclosed by. ars no:unite and complete land survey of the Lind. The lens "encroachment" includes encroachments of existing impmvemenls located on the Lund onto adjoining land, and eaca' whments onto the Land of existing improvements located nn adjoining land, '.t. Unnt,rkelublc Title. 4. Nu right of access to and fran, the Land. 5. The violanun ur enforcement of any law. ordinance, permit, ur governmental regulation (inehiding those relating to building and zoning) restricting. regulating, prohibiting, or miming to (n) the occupancy. acc, or enjoyment of the Land: (b) the character, dissensions. ur location of any improvement erected un the Lund: (c) the subdivision of land; nr (d) environmental protection if a nonce, describing any part of the Lund, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred t0 in Iliac notice. h. An enforcement action based on the exercise of a governmental pulite power not covered by Coveted Risk 5 if u notice of the enforcement action, describing any pan of the Land, is recorded in the Public Recnrds, hue only 10 the extent of thecnfnrccmeat referred to in 111511 codec. 7. The exercise of the rights of eminent domain if it notice of the exercise describing any part of the Lund. is recorded in the Public Records. 8. Any taking by a governmental body That has occurred and is hindi ng m1 the rights of u purchaser for value without Knowledge. Countcrsigned: ��� title guaranty company �• I(1,,-' f'!' senior Chairmen al the Barre AuJwdacd Cnunrenilnalun Stewan Y ide Roaring Fork Division 60 South 81h Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970-704-0205 Agent ID: 067301 Serial No.: 0.9701-995699 ALTA OWNER'S POLICY 6-17-06 crouton or Tho Board President If you what lofdrnNlltll a1CY1 vuvurage p MX anLNIIDAe a1 moire euml,laineC please call our loll free number. 1400.729-1262. If you make a claim crud,' your pugry. yuu must e,mish written notice in aao,danet col h Satan 3 of the Conditions. VLsia uur W urld-Wide Web site at wwwsrewnn.enm. JAN -16-2020 15:04 From: COVERED RISK.S.(Contfnued) 9. 'Title being vested unser than as stated in Schedule A or being defective (al +Is u mull of the avoidance in whole or in pant, 0r from a court order providing tut alternative remedy, of a transfer of all or any pat of the tide to or any interest in the Land occurring pros to the transaction vesting 'Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy. stale insolvency, or similar creditors' rights laws; err (b) because the insWment of transfer vesting Title as sbowrh in Schedule A constitutes a preferential transfer under federal hankniplcy, dote insolvency, or similar medium's' rights laws by mason of the failure of its recording in the Public Records To:19709631219 Page:8/16 (i) to he timely, ur (ii) to impar notice of its existence to a purchaser for value nr to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or teller natter included (b Covered Risk, I Ihmugh 9 that hat been treated or attached or has been filed or recorded in the Public Records subsequent to Date Id' Pulley and prior to the recording of the dced a other illstruamm ve transfer in thc Puhl;c Records that vests Title as shown in Schedule A. Thc Company will alto pay the coils. attorneys' fees, and eepenses incurred in defense nf ally mutter insured against by this Policy, but only us the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE Thc following mailers arc caprc$sy excluded from the mvemge of this policy. and the Company will not pay loss or damage. casts. ;homey.' fees. or expenses that ruisc by reason ref; I. (a) Any law, ordinance. pennies or governmental repletion (including those relating to /milt ling and zoning) restricting, regulating. prohibiting, or .dating to (i) the occupancy use. or enjoyment of the Land; (ii) the character• dimensions, Or location of any improvement erected on thc Land; (iii) the subdivision of land; in (iv) en vimnmenml protection; 4. or the elf'ect of any violation ul' these laws. ordinances, or governmental regtlmions. This exclusion I(a) does nut modify or limit the coverage provided under Crewed Risk 5. (h) Any governmental police power. 'Ibis Exclusion 1(b) dues not modify or • limit the coverage provided under Covered Risk 6. 2. 2. Rights vi' eminent domain. 'Ibis Exclusion dams not modify a limit the 5. coverage provided under Covered Risk 7 or R. 3. Defects. liens, enunnhrmces. adverse claims, to other matters (A) created, suffered. scanned, or agreed to by thc Insured Claimant: (b) not Known m rho Company, not recorded in the Public Rttmvls rat Lhrlc of Policy, but Known 10 the Insured Claimantand me disclosed in writing to the COrupuny by the foamed Claimant prior to the dote the Insured Claimant Iwcame an Insured under Jove policy: (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or meted subsequent to Dale of Policy (however. this dues nut modify or limit the coverage provided under Covered Risk 9 and 10): nr (e) resulting, in loss or damage that would not hive been sustained if thc Insured Claimant had paid value for thc Tide. Any claim, by Basun of the opention of fderd bankruptcy. state insolvency, or similar creditors' rights laws, that Ne transaction vesting the Title as shown in Schedule A. is (a) m fraudulent conveyance or fraudulent Transfer; or (b) a preferential transfer far any reason not slated in Covered Risk 9 of this ' policy. Any lien an the Tide for real csmm taxes or assessments imposed by governmental authority and mated or attaching between Dae of Policy and the date of reemgrg or the decd or otter ;Hemmmen% of transfer in the Public Records that vests Tide sac sbnwn in Schedule A. CONDITIONS 1. DEFINITION OF 'PERMS The following lemhs when used in this policy mean: (a) "Aninunt of Insurance": The amnunt staled in Schedule A, as may be increased or dmrcased by endorsement to this puiicy, increased by Swaim Sib). nr decreased by Sections 10 and I I of these Conditions. (b) "Date nf Policy": 'ale date designated as "Dade of Policy" in Schedule A. (e) "Entity': A anptrnttion. partnership. mist, limited liability company, Of other similar legal entity. (d) "Insunsl": The insured panted in Scledule A. (I) The met 'Insured" also includes (A) successors aro the Title of the Insured by operinon of law as distinguished front pumh:ae, including hon. devisee& survivor's, personal representatives. nr next of kin; (R) .vmeeasaa to an Insured by dissolution, merger. consolidation, distribution. or reorganization: (C) successors loan fnsmtil by in conversion to another kind of Entity; (D) a grantee of an Insured under a decd delivered without payment of actual valuable consideration conveying the line (1) if the stock, slams, memberships, of other equity interests of Ills grantee are whnlly.owned by the named hist rd. (2) if the grantee wholly mans the named Insured, (3) if the grantee is whollyowned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured arc both whollyowncd by the .same person or Entity. or (4) If thc grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured . named in Schedule A for ante planning purtnses. (ii) With learnt to (A), (D). (C). and (D) reserving, however. all rights and defenses as to any successor dont de Cumpnny would have had Against any predecessor Insured. "Insured Claimant": An Insured cirri ll rng loss or damage. "Knowledge' Or "Known": Actual knowledge, not consu'ctivo: knowledge or make that may be imputed to an Insured by reason of the Public Records or any other records that impart Cmslmclivc notice of moue,, affecting rho Tide. "I mud": The land dcscrihed in Schedule A, and affixed improvements that by law c osW ole mal property. The lento "[and" does not inelin bu any property beyond the lines nestle area described in Sdedrde A. nor any right title, incest, estate, or cttenent in abutting streets mads. avemnes, alleys, lanes, ways, n, waterways. but this does nut Medil'y Of limit the extent amt a right of astern to and Bunn the Land is insured Icy this policy. "Mangago": Mnngage, deed of must. trust deed. arc other security ;stinttient. including one evidenced by electronic means authorized by law. "Public Records": Rennes established under state sm)uIcs al Dole of Policy fa the purpose of impning consinietivc mice or matters relating to real prbpeny 10 porchasen for value and withnq Knowledge. With respect to Covered Risk 3(d). "Public Records" shall also include envimmmenlul protection liens filet) n. the records M the Merkur the United Stites District Cour for the district where the Lund is located. 'the estate or interest described in Schedule A. "Unmarketable Tile: Title :awed by an alleged or appa.rnt matter that would ((wink a prospective purchaser or lessen or the Title or lender un the Title to be released from the obligation to purchase. lease. or land if faro bit contractual condition requiring the delivery of marketable tide. JAN -16-2020 15:04 From: CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall C)ndmm in force u of Date of Policy in favor of an Insured. but only so long as We Insured retains un estate or interest in the Land. or bolds an obligation secured by a puiehosc money Mortgage given by a purchaser from the insured, or only so long as the Insured shall have li:bilily by reason of warranties in tiny transfer or conveyance of tit Tale. This policy shall not continue in force in favor of any purchaser from dm Insured of either (i) an estaw or interest in the Land. ser (if) an nhligatinn secured by o purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as sea forth in Section• 5(a) of these Conditions. (111 in case Knowledge shall come i, Int Insured heretnder of any clain, of title or inmost don is adverse to the Tale. av itsored, and that might came Ines or damage for which aha Company may be liable hy virtue of this policy. or (iii) if the Title. as insured. is tujecletl as Unmarketable Title. If the Company is prejudiced by the failure Mede Insured Claimant to provide prompt notice, thc Company's liability to the Insured Claimant under the policy shall be reduced m the extent of the prejudice, 4. PROOF OF LOSS In the event the Cumpmy is unable to determine Inc amount of loss or damage. the Company may, al its option, require as a condition of puyment dun Inc Insured Claimant furnish a signed proof of loss. The paanf of Inas must describe Inc defect, lien. encumbrance. or other matter insured against by this policy that emutiunes the basis of loss or damage and shall Stal0 to the extent possible. the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) 1gran . written rcyuesI by the Insured, and subject to the options contained in Section 7 6l' these Conditions. the Company, at its own cost and without unreasonable delay, shell provide for the defense of au Insured in litigatima in whieh any Third party asserts a claim Minted by this policy advese to die Insured. This' obligation is limited to only those stated causes of action alleging matters insured against hy this policy. 'Ihe Company shall have the right to select counsel of its choice (subject to the right of the Insured to object fur reasonable cause) to represent the Insured 0510 (hose staed MACS of action. It shall nut be liable for and.wilI oat pay the Ices of uny other counsel. The Conipmy will not pay any fres. CONN, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. 'Ihe Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at int own Ont, Ise institute and pnbucuu any action to proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title. as insured, ser to prevent or reduce loss or damage to the Insured. The Company may lake any appropriate action under the terns of this policy. whetter err net it shall be liable to the Insured. me exercise u1 these rights shall not be an admission of liability or waiver of any povision of this policy. If the Company exercises its rights under this subsection, it must du so diligently. Whenever the Cmnpany brings an action or nuns a defense as required or permitted by this policy, the Company may pursue the litigating to in final determination by a court of competent jurisdiction, and it expressly reserves the rigla in is sole diacrction, to appeal any adverse judgment or onler. 6. DUTY OF INSURED CI.AIMANI"1'0 COOPERATE (a) In all cans where ibis policy permits er requires the Company hat prosecute or provide for the defense of any action or proceeding and . any appeals. the Insured shall secure to We Company the right to so posecme or provide defense in the action or proceeding, including the right to use, an its option. the name of the Insured for this pumose. (b) (c) To:19709631214 Page:9'16 Whenever requested by the Cmopany, the. Insured. at the Company's cxpetlae, shah give the Company all ft able old (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or pmeeedi„ g, or effecting settlement. and (11) in any other lawful set that in the opinion of the Company may ht 'lamasery or desirable to establish the Title or any other matter as insured. If the Company is prejudiced hy the. failure al the Insured to furnish the required cooperation. the Company's obligations e.7 the Insured unser the policy shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation. with rcganl to the matter or mmlers requiring such cnrannaion, (b) The Company may reasonably mpuire the Insured Claimant to submit 10 ,examination under oath by any authorized representative of the Company and un positive for examination. inanecdnn, and copying. at ouch reasonable tines and places as cony be designated by the auUh rized representative of the Company, all recdrds. in whatever medium maintained. including books, ledgers. check.,, memoranda. correspondence. repute e.nnals, disks. tapes. and videos whether hearing n dole before or after Date of Policy, That reasonably peoain b, the Inas or damage. Further. if nquenled by any authorized representative of the Company. the Insured Claimant abaft grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these ret rds in the 'melody or control of a this! pony that reasonably pertain to the Inns or damage. All information designated as confidential by the Insmtd Claimant provided to the Company pursuant 10 'leis Section shall not be disclosed to others mdess, in the reasonable judgment of the. Company, it is necuaory in the adntinisuatim til' the claim, Failure of the Insured Claimant sat submit for examination under aabg, produce any muxnnahly requested information. or pm' permission to saute rcnsonably necessary information from Third panics as 'squired hi shit; wbsection, unless prohibited by law or n ,vemmentnl regulation. shall terminate any liability of the Company under this policy as to that claim 7. OPTIONS TO PAY OR OTHFRWTSE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim ander Anis policy. the Company shall Neve the following nthlitional options: (a) '1'o Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Innurince under this policy together with any erten, .trumcys' lies. and expenses inclined by the Insured Claimant that welt nuturiced by the Company up to We lime til' Imyumm or lender of payment and that We Company is obligated to pay. Upon the cxereke by the Company of This option. all liability and obligations of the Company to the Insured under this policy. other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend. prosecute, or continue any litiption. (b) To Pay or Othesvise Settle With Paries Other Than the Insured or With the Insured Claimama (1) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim Named a5,dnst under thls policy. In addition. the Company will pay Say encs, attorney( fees. and expenses incurred by the Insured Claimant that wen: authorized by the Company up to the tine of payment and that the Company is obligated to pay: of (ii) To pay or otherwise settle with the testae') Claimant the loss or damage provided for anter this policy. together with any UNn. attorneys' fees. and expenses incurred hy the Insured Claimant that were authorized by We Company up to the time of payment and that don Company is obligated to pay. Upon the exercise by the Company of either of the options provided Int in suhaeeliuns (b)(i) or (ii). the Company's obligations to Os Insured under this policy for the claimed loss or damage, other than the payments required to he made. shall lemninale. including any liability or obligation to defend, prosecute. or continue any litigation, JAN -16-2020 15:05 From: CONDITIGNS (Continued) R, DETERMINA'T'ION AND EXTENT OF LIABILITY This policy is a emend of indemnity against actual monetary loss or damage sustained or incurred by the lasered Claimant who has suffered loss OS damage by reason of mutters insured against by this policy. (n) The extent of liability of the Company ler loss or damage under this policy shall not exceed the lesser of (1) the Amount or losonmoo; or (11) the difference between the value id' the Title as insured and the value of the Title subject to the risk 'mined mgrins% by this policy. If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title. es insured. (i) the Amount of Insurance shall be increased hy 1096. and OD the Insured Claimant shall have the :tin to have the In. or damage determined either its of the date the claim was made by the Insurcd Claimant or as of the due it is settled and paid. In addition to the extent of liability under (a) and (b), the Company will :dsu pay those casts. attorneys' fcm, and expenses incurred in accordance with Seetirm.. 5:m0 7 of these Conditions. (b) (c) 9. LIMITATION OF LIABILITY (a) IC the Company establishes the Tide. or removes the alleged defect. lien. or aeurnhram'e. ur arcs the lack of a right of access m or !Kim the Land. or cures the claim of Unmarketable 'fide all as insured, in a reasonably diligent manner by any lnethrd, including litigation and the completion of any appals. it shall have fully perfnnned its obligations with respect Io ted matter and shall 'not be liable for any loss or damage caused to the lowed. (b) In the event of ally litigation, including litigation by the Company or with the Company's consent, thc Company shat have no liability for Loss or damage until there has been a foal detem,hnliun by a can of comoctcnt jurisdiction, and disposition of all appeals. adverse to the Tide. as insured. Thc Company shall nut be liable for lass or damage to to insured for liability voluntarily assumed by elm Insured in setting any claim or suit without the prior written consent of the. Company. 10. REDUCTION OR INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy. except payments node for costs, attorneys fees, and expenses, shall reduce the Amount of hnsuanec Ity the umnymt of thc payment. 11. LIABILITY NONCT1MULATIVI; 'Ibc Amount of Insurance shall be reduted by any amount the Company pays antler any policy insuring a Mortgage to which exception is tken in Schedule B or to which to Insured has agreed, assumed, or taken subject. or which is executed hy an Insured after Dole of Policy and which is a charge car lien on the Title. and the amount so paid shall be deemed a payment In the Insured older this pulicy. (c) 12. PAYMENT OFLOSS When liahility and the went of Inns or damage have been delinitely fixed in accordance with these Conditions. the payment shall be mode within 30 days. 13. RIGHTS 01? RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever. the Company shall have settled and paid a claim under this policy. it shall he subrogated and entitled m the rights of the insure.) Claimant in the Title and all other rights and remedies In respect to the claim that the Insured Claimant has against any person Ir property: to the extent of the amount of any loss, eons. attorneys' fees, and expenses laid hy the Company. 11' requested by the Company. the Insured Claimant shall MICMAC documents to evidence due transfer m the Creasey or Mese eights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in dee name of the Insured Claimant anal In me the name of the Insured Claimant in ;my Irmsacliun or liligmiun involving these rights and remedies. If a payment on account of a claire dews not fully cover the luso vi' the To:19709631214 Page:10/16 Insured Clainranr, the Company shall dela the exercise of its rigid ro recover until after the Insured Claimant shall have recovered its less. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance. or bonds, notwithstanding any terms or conditions contained in these imminent, that address subrogation rights. (1. ARBITRATION Either the Company or dre Insured may demand that to claim kw controversy shall be submitted m n,blinrtiun pursuant to the Title Insurance Arbitnnion Rules of the American land The Association ("Rules"). Excejn as provided in the Rules, there shall be no joinder or consolidation will, claims or controversies of other persona. Arbitrable matter may include. but are nut limited to. any ennbnvsrsy or claim between the Company and Ile Insured arising out of or relating to this policy. any service in connection with its issuance or the breach of a policy provision, or 10 any other controversy or claim arising out ol'the transaction giving rise to this pulley. All abivable matters when the Arnotmt of Insurance is 52.000,000 m less shall he arbitrated at the option of either the Company or the Insured All arbitrable matters when the Amount of Insurance is in excess of 52010,000 shall be arbitrated only when agrewl to by bosh the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. lodgment upon the award rendered hy dm Arbitmlor(s) may be entered in any tram of competent jurisdiction. 15. LIARILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT • (n) 'Ibis policy together with all endorsahems. if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy. this policy shall be construed as a whole. (b) Any claim of loss or damage dint arisen out of the status of the Title or ply tali action asserting such claim shall be resuieud to this policy. (c) Any amendment of or endonenrnn to this policy most be in writing and nnuhenticnled by an authorized person. car exultsxly incorporated by Schedule A M this pMiry. (d) Each endorsement to this policy issued at any true is made a pan 01 this policy and is subject In all of its tears and provisions. Except as die endorsement expressly oaten. it does nm. (i) modify any of the KIWI and previsions of the policy, (11) modify any prier cndorscnem. (iii) extend the Dace nf Policy, or (iv) increase the Amount of Insurance. 16. SF.VERANILI'1'Y In the event any pruvisiraa of this policy. in whole or in pan. is held invndi I or unenforceable under applicable law, to pulicy shall be deemed nes to iuelude dal provision tri such pan held to be invalid, hot all other pnwisions shall remain in full force and effect. 17. CHOICE OF I,AW; PURIM (a) Choice of Law: The- Insured acknowledges the Company hos underwritten the risks covered hy this pulicy and determined the !neutrinos charged therefore in reliance upon the law affecting intern;'s in real property and applicable 10 the interpretation. rights. remedies. or enforcement of policies of tide insolence of the,juristliclien where the land is Ilcnlal. Therefore, the coon or rte abitnhtor shall apply the law nf the jurisdiction when: the Lind is located to determine the validity of chums against the Tlde that are adverse to to Mintel sol Ire haerprel and citron= the teens of this policy. In neither case shall the conn or arbitrator apply its conflicts of law principles to determine the nppti:able law. (c) Choice of Forum: Atony litigation or other ,pnaceettng brought by the Insured against she Company must be Med only in a sato or federal coon within the United States of America or its !colludes having appmpriahe jurisdiction, IS, NOTICES, WHERE SENT Any in/tined claim and any other nutlet orstatenent in writing inquired In he given to the Company under aids pulley must be given to the Company al Claims Department at P.O. Dos 1029. Houton.'fX '!7252.2029. JAN -16-2020 15:07 From: ALTA OWNER'S POT.TCY (6117/06) SCHEDULE A To:19709631214 Pa9e:11'16 Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252-2029 Prepared by: Colorado Regional Production Center Title Officer: Susan Sarver Order Number: 951897 Policy Number: 0-9301-995699 Date of Policy: November 16, 2011 at 9:24 AM Cor the An(e of trhoiditig of the insured dud. whichever is Inver) Amount of Insurance: $625,000.00 ''Address Reference: 317 Wildflower Carbondale, Colorado 81623 1. Name of Insured: Raymond F. Snyder and Mondeen M. Snyder Premium: $1,563.00 2. The estate or interest in the land that is insured by this Policy is: Fee Simple .3. Title to the estate or interest in the land is vested in: Raymond F. Snyder and Mondeen M. Snyder 4. The land referred to in this policy is described as follows: Lot IS -17 ASPEN GLEN F1.T.ING NO. 2 According to the Plat thereof recorded July 15, 1997 as Reception No. 510975. 'County of Garfield, State of Colorado *FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy— Schedule A Page 1 of I Policy Typist! ,v r- n`dli*uy w*yaomw,w,e JAN -16-2020 15:06 From: ALTA OWNER'S POLICY (6/17106) To:19709631214 Paee:12'16 SCHEDULE Exceptions From Coverage Order Number: 951897 Policy Number: 0-9301-995699 This policy does not insure against Toss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 1 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 201.1 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement arca. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522. 10. Rights and reservations in Warranty Deed recorded December 26, 1958 in Book 314 at Page 160 as Reception No. 203858, and any and all assignments of record, or otherwise, thereof, or interests therein. 11. Rights and reservations in Warranty Deed recorded Septeniber 26, 1961 in Book 336 at Page 570 as Reception No. 215212 and any and all assignments of record, or otherwise, thereof, or interests therein. 12. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356 in Book 931 at Page 374 as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358 in Book 931 at Page 412 as Reception No. 474359 and in Book 931 at Page 432 as Reception No. 474360. ALTA Owner's Policy Schedule 6.1 Pe go 1 of 4 r m„M—e„iywmo.ny JRN-16-2020 15:10 From: ALTA OWNER'S POLICY (6/17/06) 1.3. Resolutions by the fol lows: A. Resolution No. No. 436262, B. Resolution No. Reception No. 457 C. Resolution No. Reception No. 458 D. Resolution No. Reception No. 466 E. Resolution No. Reception No. 472 F. Resolution No. Reception No. 473 G. Resolution No. No. 492765. H. Resolution No, Reception No. 488 T. Resolution No..9 No. 488798. To:19709631214 Page:13/16 Board of County Commissioners of Garfield County, Colorado, as 92-056 recorded June 29, 1992 in Book,835 at Page 305 as Reception 93-121 recorded December 28, 1993 in Book 887 at Page 824 as 154. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as 796. 94-089 recorded August 9, 1994 in Book 911 al Page 791 as 955. 94-139 recorded December 13, 1.994 in Book 925 at Page 345 as 058. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as 462. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception 96-06 recorded February 9, 1996 in Book 966 at Page 682 as 797. 6-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception 14. Agreements recorded April 12, 1992 in .Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Book 835 at Page 364 as Reception No. 436263. 15. Agreements recorded August 19, '1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August 19, 1994 in Book 912 at Pagc'973 as Reception No. 467451. ALTA Owner's Policy Schedule 11-I Puge 2 ur 4 . JAN -16-2020 15:10 From: ALTA OWNER'S POIJCV (6717/06) To:19709631214 Paae:14/16 16. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328, First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third•Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203, Founh Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception•No. 520209, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception .No. 524479 Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647 Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005. Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at. Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Suppletnental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as • Reception No. 555596, Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597 Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668 Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952, First Amendment to the Master Declaration recorded October 30, 2003 in Book1533 at Page 735 as Reception No. 639707 and,Fifteenrh Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception Nu. 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512. 17. Matters disclosed on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330 and on the Plat of Aspen Glen Filing No. 2 recorded July 15, 1997 as Reception No_ 510975. 18. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331. 19. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327. 20. Trench, Conduit and Vault Agreement recorded December 1, 1995 in Book 959 at Page 968 as Reception No. 485953. 21. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1.005 at Page 228 as Reception No. 503024. 22. Subdivision Improvements Agreement Aspen Glen, Piling No. 2 recorded *July 15, 1997 in Book 1026 at Page 149 as Reception No. 510974. ALTA Owner's Policy ScheduleB-1 Page 3 or 4 LS"tewaPt' VJ. PCw JAN -16-2020 15:11 From: ALTA OWNER'S POLICY (6/17/06) To:19709631214 Pase:15'16 23. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Reception No. 719513. 24. All matters disclosed on the improvement & Topography Survey dated September 20, 1999 by Schmueser Gordon Meyer as Job No. 99144-A. 25. Deed of Trust executed by Raymond F: Snyder and Mondeen M. Snyder to the Public Trustee of Garfield County, dated November 14, 2011, in the principal amount of $500,000.00, payable to Bank of America, N.A. and recorded November 16, 2011 as Reception No.810797. ALTA Owner's Policy Schedule B -I Page 4 of 4 JfaN-16-2020 15:12 From: To:19709631214 Pa9e:16/16 STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWAKT TITLE COMPANIES DO WITH YOUR PERSONAL Federal and applicable state law and regulations give consumers the right to lint some regulations also require us to tell you how we collect, share, and protect your personal understand how we use your personal information. This privacy notice is distributed on its affiliates (the Stewart Title Companies), pursuant to Title V of the Grfunm-Leach-BUley The types of personal information we collect and share depend on the product or information can include social security numbers and driven's license number. All financial companies, such as the Stewart Tide Companies, need to share customers' business—to process transactions and maintain customer accounts. In the section customers' personal information; the reasons that we choose to share; and whether you t.NFORMATiON? hut not all sharing. Federal and applicable state law information. Please read this notice carefully to behalf of the Stewart Title Guaranty Company and Act (GLBA). service that you have sought through us. This personal information to run their everyday below, we list the reasons that we can share can !Unit this sharing. Do we share? Yes Yes No Can you limit this sharing? No No Reasons we can share your personal information For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. For joint marketing with other financial' companies We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. Thcy can he financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Tide Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We dart share For our affiliates to market to you Yes ND For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. Tltey can be financial and nonfinancial companies. No We dont share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law, If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. (We do not control their subsequent use of information, and suggest you refer to their privacy notices.) Sharing practices 1 How often du the Stewart Title Conapartics notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file and building safeguards. We collect your personal information. for example, when you • request insurance -related services • provide such information to us We also colleen your personal information from others, such as the real estate agent ur lender involved in your transaction, credit reporting agencies, affiliates or other cornt anies. How do the Stewart. Title Companies collect my personal inrotn ation? What sharing can 11im't? . Although federal and state law give you the right to limit sharing (c.g, opt nut) in certain instances, we do not share your personal information in those instances, Contact Us tr you have any questions bout this privacy nuiicep please contact us at: Stewart Title Cuarmty Company, 198D Post Oak Blvd., Privacy Officer, Hnution, Terns 77056 Order Number. 951897 Lie Garfield County Community Development Department 108 8"' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com 'T'!ifi DF 96661 /ISIii N/EXEMP 'ION ❑ Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary 0 Final in Time Extension DIVISIONS S .IAN APPLICATION:FOM. IN1i6L`ti/EDPAITiiS Owner/Applicant Name: it Mc*0/a cI,nlb sti 17).�iJ`�b Phone: ( ��o) 1v ❑ Preliminary Plan Amendment ❑ Final Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption Mailing Address: 17-1t, O 7 S71431 A City: ,E y4 i•51> State: F' S Zip Code: 1 1 to 9 E-mail: 5�►JyYr /; • 'IN V•k 4=) SS E.-}- " CD 1T) Representative (Authorization Required) Name: g til Mailing Address: Phone:( ) City: E-mail. •A`t 5'N'Y State: Zip Code: ) 5 u\ 5 - C..o v PROJECT NAME AND`LOCATION Project Name: —_._._.._ N c.tN) , 1. 9NYb• Assessor's Parcel Number: __ - __ Physical/Street Address: 1 1,')3 t IS t..41 )% ,L & is-- 117 Legal Description: 1 `s - j i fi 0 Bis 111c.P (j 2 ) ► 4)'<. 1.4D 1 •-) 7 IS -IL 45-e R Zone District: Property Size (acres): DCT -31-2019 11:50 From: To:19709631214 Page:11/12 Garfield County PAYMENT AGREEMENT FORM GARFI LD COUNTY ("COUN ") and Property Owner ("APPLICANT") PreiloMb V N1b'Ntg rT Ytl. S'IV YISO agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 317 WJLb1 L.vW R. IS -16 2k is - 11 1S- 11° Th €€ nnC10"- Info Loi` 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fen related to this application: Ayynkno. F. S''yd>±R Billing Contact Person: Billing Contact Address: 1ab o ct SFI G=A n1oRE city: i,FflWmot. Billing Contact Email: (t) Phone: (� /0) 39 218 (n state: !<3 • Zip Code: 6 IO 2 e `i /tIaYSpris_R @ )Nsisi301156+ (-0 ame of Person Au to Sign: •QflY Morvii) , `,Ybc`-)? t gnature) OCT -31-2019 11:51 From: To:19709631214 Pa9e:12'12 CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S, § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or .,)1 Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): of Mineral Owner I Mailing Address of Mineral Owner _Name St. Alt At%1 Eb in1rc f1L =G -1-4-°s D Lw nS'C_,R,Sl4 1 11/4J-,31.1.,.&- J-,3i'1•'c I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the WDC. Ap.Iicant s Si nature .0l ) Date 14..ojeci~ bilptio Existing Use: .} iii Proposed Use (From Use Description of Project' Table 3-403):. i Wlt 1 %i Al G. 140 tS 14 1 1, 14 1 o 1 S -) % ttQu(. .tt1G- 1.41q A.Ck1Es fuj 1(iSti-n10- f Wilt` l &r'b0+\4 P. fOridked geVeldpinient Area: IVt A Land Use Type # of Lots # of Units---- _ Acreage Pa_rking Single Family ----------.._.1- --- -.._ Duplex .__._._------.._____..._--.- Multi-Family Commercial Industrial-----_—.__._�_.._ ____ — ---.----__--- Open Space _ — — Other Total i ' REQ .EST.T R'WAI Efk . W) N - .– . -. Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: d the statements above ave provided the required attached information which is accurate to the be of my kn Ie Jge. Signature of Property Owners 'al CO File Number:____ _ Fee Paid:$ A 1 UNPLATTED l I I I1 I I I Iq I I 1 IAb b —Raw J- h ., GV11 \ ,,- --/ / '1 L; 0 an 41 \` GV9 N ` \ L— MB3.31 I5w i JIJ e> Gk / /— Hue ter i1 ( GV8 11 a 0.537 AC.+ - I 1- — — mrmlai _ — sus -saver =7,w 16305 w BALD EAGLE 1f%AY VQ3•16T3'W eo --, lase4 xl :tin 1„ ila GV6 8I /g 0,608 AC.+- m3.1 �-- — S'J'Al2 oai — I /b — JI^ 1 UNPLATTED Aspen Glen Minerals Leonis P. Chuc and Neva IA. Chuc 9663 Highway 62 Carbondale. Co. 81623 1/4 interest reserved /n Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Oeed recorded 6/28/89 in Book 757 at Poge 540. Effects: all of the /1(1/4 NW1/4. Lots 4,5.3210,11,19 and 20; that of Lots 8,9 and IJ lying easterly of the Roofing Fork Rivet; and Lots 1 and 1: all in section 20, Township 7 South, Range 88 West of the 5th P'ncipal Meridian. The Estate of Ceosar d Chuc (Deceased) 1/4 interest reserved in Warranty Deed recorded 9/25/51 in Book 336 at Page 570. Effects: Lots 12 and 16, Section 20; Lots 2 and 3, Section 22; all in Township 7 South, Range 88 West of the 61/' Principal Meridian except that parcel of land descdded in deed recorded in Book 255 al Page 272. Ella J. Chose 1/50 interest in deed recorded 6/12/51 /n Book 258 at Page 594. Effects: rat portion of lots 5 and 7 Section 18, Township 7 south, Range 88 Wast of the 611, Principal Meridian )Ing southerly and wester' o/ the Roaring Pork River. William Walter Cenly AKA William Gentry A// reserved in deed recorded 5/4.30 /n Book 250 of Page 271. Effects: Lots 2 and 5, Section 13, township 7 South, Range 88 West of the 6th Principal /dendlon. _ United States of Amenca NI uranium, thorium or other materia/ essential to the production of fissionable materials reserved in Patent recorded in Book 285 at Page 161. Effects.. NEI/4NW1/4, and Lots 19 and 20. Section 20, township 7 South, Ran go 88 West of the 6N Principal Mendion. X68• N8J76J3w —`\ tsd h '0 ate C. Mortgagees: 1) Club Financia/ Corp., a Newts Corpom(on, Book 921 at Page 720, Reception No. 470715: 2) Estate of Writer M Gleason, Union Properties Inc., Kathenne Clausen Foundation, Mocgyver Enterprises. Ltd., Senator George Smothers and George C Walt y, Book 911 at Page 746, Reception No. 470716. fe sane nae you rent moan. mein s..d—ew di Mea .:,:,, -set .,• .— ~ant SURT'EYORS' SNCINEERS SCN¢6ESER �� CORDON .YEY2'R _ ., SCLYfTESTR CORDON ME I ER JAZ: 1/8 A' 6th Street, Suite 200 Glenwood Sprtng9, Colorado 61601 1:970) .915-1001 1.9 Aspen, Colorado I9 02 916-6727 9 ASPEN G Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239319102013 239319102014 239319102015 239319102016 239319102017 239319102018 239319102019 239319102034 252 COLUMBINE CARBONDALE COLIMBINE CARBONDALE Not available CARBONDALE 302 WILDFLOWER CARBONDALE 317 WILDFLOWER CARBONDALE Not available CARBONDALE 251 WILDFLOWER LN CARBONDALE 53 MARIPOSA CARBONDALE 239319103006 108 MIDLAND LOOP RD CARBONDALE 239319103009 Not available CARBONDALE 239319103010 239319103025 239319200386 ROW 184 MIDLAND LOOP CARBONDALE 150 MIDLAND LOOP CARBONDALE Not available CARBONDALE Not available null GOLDBERG, HARVEY NEIL & JANET HELENE PUDER FAMILY LTD PARTNERSHIP NO1 LTD PUDER FAMILY LTD PARTNERSHIP NO1 LTD SNYDER, RAYMOND F & MONDEEN M SNYDER, RAYMOND F & MONDEEN M KEISTER 2012 LONG TERM TRUST WEATHERS, WALTER T JR & ALLYSON N KEISTER FAMILY 2012 LONG TERM TRUST R820042 R820043 R820044 R820045 R820046 R820047 R820048 R820063 BISPLINGHOFF, ROBERT E R820117 & MARTHA C CALAMOS, JOHN P R820114 SLM HILL FAMILY LP R820113 MCCOY, JACKSON F & GAIL R044290 L ASPEN GLEN GOLF CLUB R830193 MANAGEMENT COMPANY 252 COLUMBINE CARBONDALE, CO 81623 3930 MAX PLACE BOYNTON BEACH, FL 33436 3930 MAX PLACE BOYNTON BEACH, FL 33436 12609 SAGAMORE ROAD LEAWOOD, KS 66209 12609 SAGAMORE ROAD LEAWOOD, KS 66209 406 MENKING COURT HOUSTON, TX 77024 406 MENKING COURT HOUSTON, TX 77024 3101 SO OCEAN DRIVE UNIT #3708 HOLLYWOOD, FL 33019 12707 DEACONS PLACE LAKEWOOD RANCH, FL 34202 2020 CALAMOS COURT SUITE 200 NAPERVILLE, IL 60563- 2793 5240 114TH STREET APT 2502 LUBBOCK, TX 79424 9261 SW 103 STREET MIAMI, FL 33176 PO BOX 790830 SAN ANTONIO, TX 78279 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239319102015 239319102016 239319102017 239319102018 239319102034 239319103005 239319103006 239319103009 239319103010 239319103011 239319103025 239319200386 ROW Not available CARBONDALE 302 WILDFLOWER CARBONDALE 317 WILDFLOWER CARBONDALE Not available CARBONDALE 53 MARIPOSA CARBONDALE 94 MIDLAND LOOP CARBONDALE 108 MIDLAND LOOP RD CARBONDALE Not available CARBONDALE 184 MIDLAND LOOP CARBONDALE 198 MIDLAND LOOP CARBONDALE 150 MIDLAND LOOP CARBONDALE Not available CARBONDALE Not available null PUDER FAMILY LTD PARTNERSHIP NO1 LTD SNYDER, RAYMOND F & MONDEEN M SNYDER, RAYMOND F & MONDEEN M KEISTER 2012 LONG TERM TRUST KEISTER FAMILY 2012 LONG TERM TRUST R820044 R820045 R820046 R820047 R820063 TILL, REBECCA LYNN R820118 BISPLINGHOFF, ROBERT E R820117 & MARTHA C CALAMOS, JOHN P R820114 SLM HILL FAMILY LP R820113 WEATHERS, VIRGINIA T & R820112 WILLIAM M MCCOY, JACKSON F & GAIL R044290 L ASPEN GLEN GOLF CLUB R830193 MANAGEMENT COMPANY 3930 MAX PLACE BOYNTON BEACH, FL 33436 12609 SAGAMORE ROAD LEAWOOD, KS 66209 12609 SAGAMORE ROAD LEAWOOD, KS 66209 406 MENKING COURT HOUSTON, TX 77024 3101 SO OCEAN DRIVE UNIT #3708 HOLLYWOOD, FL 33019 94 MIDLAND LOOP CARBONDALE, CO 81623 12707 DEACONS PLACE LAKEWOOD RANCH, FL 34202 2020 CALAMOS COURT SUITE 200 NAPERVILLE, IL 60563- 2793 5240 114TH STREET APT 2502 LUBBOCK, TX 79424 198 MIDLAND LOOP CARBONDALE, CO 81623 9261 SW 103 STREET MIAMI, FL 33176 PO BOX 790830 SAN ANTONIO, TX 78279 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $62.50 eRecorded WARRANTY DEED THIS DEED, is dated the `r}N day of October, 2011, and is made between William G. Clancy, Jr. and Kathy L. Clancy (whether one, or more than one), the "Grantor," of the County of and State of Wisconsin, and F. 11. Raymond Snyder and Mondeen Snyder State Doc Fee: $62.50 (whether one, or more than one), the "Grantee," whose legal address is: 12609 Sagamore Road, Leawood KS 66209 of the County of 176 N s aN and State of Kansas WITNESS, that the Grantor, for and in consideration of the sum of ( 5625,000.00 ) Six Hundred Twenty Five Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with improvements thereon, located in the County of Garfield and State of Colorado described as follows; Lot IS -17 ASPEN GLEN FILING NO. 2 According to the Plat thereof recorded July 15, 1997 as Reception No. 510975. County of Garfield, State of Colorado also known by street and number as: 317 Wildflower, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2011 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Tide Documents accepted by Grantee(s) in accordance with Section 8.1 (Tide Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Matters Not Shown by the Public Records) and Section 8.3 (Survey Review) of the Contract to Buy and Sel! Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration and party wall agreements, If any. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has e:yEcuted this deed on the date set forth above. William G. Clancy Jr. State of iccc:{rcir) County of \a},3461.1Z ss. Kathy L. C a cy The foregoing instrument was acknowledged before me this ✓ 4 day of October, 2011, by William G. Clancy Jr. and Kathy L. Clancy Stewart title Order Number. 951897 No. 932.4. Rev 10-09. Warranty Deed (For Photographic Record) WimesskgbY'ta-!fid official seal, Nou1tA6(2-- 'tary Pubtic: �J�o (c My commission expires: tr -i [' Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $10.10 eRecorded SPECIAL'WARRANTY DEED THIS DEED, made Nis- GD dry afJune,2011,, between LENNI HEIGHTS INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY whose address Is 14140 Veatma Blvd., SuIte203, Sherman Oalo, CA 91423, GRANTOR(S), and RAYMOND F. SNYDERAND MONDEEN M. SNYDER *nose aims Road, Leawood, ES 66209, GRANTEE(S): WITNVSS, that the grantor(s), for and In consideration of the sum of ONE HUNDRED ONE THOUSAND AND 00)100 DOLLARS (2101,000.00), the temp add sufficiency of which it hereby aeimowledged, has granted, bargained, sold and conveyed, and by Nese presents does grant, bargain, seµ convey and condom unto the grantees, grantee's helm and amigos roma, not in tenancy in common but IN JOINT TENANCY, all the real property, together with improvements, If my, situate, lying and bang in the County of Garfield and Sante of Colorado, descnTed as follows: Lot LS16, ASPEN GLEN, FILING NO. 2, according to the Plot thereof Died July 15,1997, at Reception No. 510975. also (mown bymnet and number u: 302 WSdflowr Rd., Carbondale, CO 51632 TOGETHER with all and singular the heredituaeats and appwunaoas thereunto belonging a ID mywlac appertaining and the reversion mid ?evasions, ranainder,end remaindermoo, issues and profits thereof and all the <smte right, tide. Interest, claim and demand whatsoever of the grmtm, either in In or entry, of In and to the above bergatnedpoaisey with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above baglned and described, with the appunmences, unto the gnatca gtmtees heirs and assigns forever. The gmter(s), for the gr®ror, grannies bens. and Pampa' npreammtives or nweenon, don covenant and ages that grantor ?bog end will WARRANT AND FOREVER DEFEND the above -bargained pre®ses In the quiet and peaceable possession of the greater grantees beim and assigns, against all and every person or seam Iawflty clabnIng thnwhole or any part thcrmL by, through or under the grmmr, but net othawiu, SUBJECT TO taxes fur the cement mod subsequent years, and to Nam matters set firth on Exhibit "A" attached hereto and forming a part hereof The Dopler wither shall include the plural, the phial thc 'jugular, and the use of any Wilda shall be applicable to all gender,. fid WEINFSS WHEREOF,tbe grantor bas reamed this deed on the date sr, forth above Lena Inveatmrals, LLC, a Delaware limited liability company By Chin, Chief Executive Officer of Woodbridge Group of Compania, LLC, Authorized signatory ghta Investments, LLC, a Delaware limited liability company A notary public crater officer completing this ) ewes% varlflos onlytho Identity of Lha lndaidnal 4 who signed the document, and not the truthfulness, accuracy, or validity Ofthat document. State of California pp County of /321 .� The foregoing iwmmem was acknowledged. subscribed and sworn %before me dila ,%(/7 rt, day of kw, 2015 by Fnderirk Chin, Chief Executive Officer of Woodbridge Croup of Compasia,LLC, Authorized signatory for Levi Heights lnvntmanis, LLC, n Palawan limited Ilabglry company My Communion Expi,v 7.7/ at/ Lo2L wlmwawama and Official Seal , Notary Public MAN DANA YEDIDSION Notary Public - California it^Los Angeles County !' Commission 82229320 My Comm. Expires Feb 21, 2022 Sita WAsmne Dem- lanrhwacr nTITLE COMPANY 0601336 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $10.10 eRecorded EXIT "A" Aneched to and forming a part of SPECIAL WARRANTY DEED between GRANTOR: LENNIII:EIGHTS DiVESTMF.N1'B, LLC, A DELAWARE TIMFfED LIABILITY COMPANY GRANTEE: RAYMOND F. SNYDER AND MONDEEN M. SNYDER EXCEPTIONS TO TITLE 1. Right of the Pmprietor of a Vein orLode to emactandrmovo his are tit 1eOu,,,, should tbe same be found to penetrate or lnteraect the premises hereby grated, as reserved in United Stam Patent recorded October 24, 1893, in Book 12 at Page 249. 2. Right of way for Calms or canals crostrucied by the authority ofth°United Stales, as reserved in United States Patent recorded October24,1893, in Book 12 of Page 249. 3. Right of Way for The Crane and Peebles Ditch es described in dommeut recorded May 2, 1889, in Book 9 at Page 483. 4. The Peebles Waste Water Ditch as desenbcd in Map and Statement retooled:ossuary 17, 1896, at Reception No. 19095. 5, Right of Way Doedbotveca various owners end the Clamped irrigation Company 25 fret In width. being 12.5 tees M. width on eaoh side of the anter line of the Glenwood Springs Ditch recorded Imes 17,1901, in Book 44 at Page 457. Easement end Right of Way for Transmission Line granted to IF. Smith a described m document recorded January 28,1927, in Book 155 at Page 331. 7. Basementmd right ofway far gas distribution and related facilitiespurposa, as granted by The gieversRanch and Development Company to Rooloe Mountain Natural Gas Compaoy, Inc. by iatrumeot recorded October 19, 1961, in Book 332 at Page246, said easement being morepardoulariy described therein. 8. License Agreement between Rocky MountainNatural Gas Company, Inc. mdMountam Stena Telephone and Telegraph Company recordedJuly 5, 1972, m Book432 at Page 536. 9. Resolution No, 92-056 Approving m application for the Aspen Glen Planned Unit Development recordedlme29,1992, in Bad( 835 at Page 305. 10. Resolution No. 93-121 Approving a Preliminary Plan for Aspen Glen P.U.D, recorded December 28, 1993, in Book 887 at Page 824. 11. Resolution NO. 94-008 Approving a Service Plea end the Formation of The Aspen Glen Water and Sanitation District recordedPebrumy 2,1994, in Book 891 at Page 620. 12. license Agreement between Aspen GlenGold Parlous and the Amho2 Iaveatroard Company recorded Aprit2,1992, m Book 827 at Page 636. 13. Development Agreement between The Aspen Glen Company mad The Board of County Commissimms recorded June29, 1992, in Book 835 at Pep 364. 14. Memorandum of Developers Agreements recorded September 16, 1993, in Book 875 at Page 654. 15. Agreement betwten Colorado Department ofTraspmiation and Aspen Glen Gal/Partners recorded December 20, 1993, to Book 886 at Page 833. 16. AgrecmmtbetweenAapet Olen Galindo= and Ross leffary recordedJuly 5, 1994, in Book 907 at Page 601. 17. Resolution No.94-089 Approving no Amendment recorded August 9, 1994, in Bcek 911 at Page 791. 18. Easements and Rights of Way as described in Warranty Deed between Aspen Gieo GolfParmera and Aspen Glen GoliCompavyrocordod November 8, 1994, in Book 921 at Page 66I. Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $10.10 eRecorded 19. Resolution No.96-07 amending the Preliminary Plea forte Aspen Glen PUD recorded Febmmy 9, 1996, in Book 966 atPage 686. 20. Agreements between Union Oil Company and Aspen Glen Golf Fanners recorded August 19. 1994, in Book 912 at Page 970 and in Book 912 asPage 973. 21. Declaration of Golf Facilities Development Construction and Opcndionel Easement recorded April 6, 1995. in Book 936 atPage314. 22. Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen mended April 6, 1995, in Book 936 at Page 350. 23. Trenob, Conduit sad Vale Agreement between Aspen Glen GolfCompanyand Holy Cross Electric Association recorded December 1, 1995, in Book 959. at Page 968. 24. Terms and Conditions of Release and QuitClaimDeed recorded May 8,1996, in Book 977 at Page 229. 25. Basement and right of way to construct, roconsWct,operate, maintain and remove an underground telephone line, as granted by Aspen Glen GolfCoarpaoy to US. West Canunwiicgdons by instrument recorded May 10, 1996, in Book 977 at Page 709. 26. Terms and Conditions of Quit Claim Deed between U.S. West Connotations and Aspen Glen Golf Company recorded May 10, 1996, inBook977 at Page 710. 27. Easement and right of way for gas dismbution and related racilitienpurposes, as gaited by Aspen Olen Golf Company to Rocky Mountain Natmul Gas Company by instrument recorded April 30, 1996, in Book 976 at Page 13. 28. Terms and Conditions ofCotnreet between West Divide Water and Aspen Glen Golf Company recorded Sime 6,1997, in Book 1021 at Page 366. 29. Agreement between Aspen Olen Golf Company and Garfield County Commissioners recorded July 15, 1997, in Hook 1026 at Page 149. 30. First Supplemeaal Deelaratioo toldarla Declaration ofCovenants, Conditions end Ranicdans for Aspen Olmrecorded July 15, 1997, inBoot: 1026 otPago 161 and subsequent Supplemental Declarations recorded Angst 24, 1998, in Book 1084 at Page 943; October26, 1998, in Book 1094 et Page 517; November 19,1999, in Book 1161 at Page 293; December 14,1999, in Book 1164 arPage 755 and May 8, 2003 in Book 1467 at Page 910. 31. AllEosemenls, Rights of Way, Restrictions, Notes and all omermatters as shown on the Plat of Aspen Glen, Piling No.2 recorded July 15,1997, at Reception No. 510975. stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Roaring Fork Division 60 South 8'h Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970-704-0205 Date: Order Number: Buyer: Seller: Property Address: November 10, 2011 951897-C2 Raymond Snyder and Mondeen Snyder William G. Clancy Jr. and Kathy L. Clancy 317 Wildflower, Carbondale, CO 81623 Please direct all Closing inquiries to: Please direct all Title inquiries to: Mary L. Scheurich Phone: 970-704-1000 Email Address: mary.scheurich@stewan.com SELLER: William G. Clancy Jr. Kathy L. Clancy 3940 Trempealeau Trail Berona, Wisconsin 53593 LISTING BROKER: Amore' Realty Attn: Lynn Kirchner 711 Main Street Carbondale, Colorado 81623 Phone: (970) 963-5177 Fax: (970) 963-5178 Chuck Dorn Phone: 970-704-1000 Email Address: cdorn@stewart.com BUYER/BORROWER: Raymond Snyder Mondeen Snyder 12609 Sagamore Road Leawood, Kansas 66209 SELLING BROKER: Amore' Realty Attn: Lynn Kirchner 711 Main Street Carbondale, Colorado 81623 Phone: (970) 963-5177 Fax: (970) 963-5178 We Appreciate Your Business And Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Roaring Fork Division 60 South 8°i Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970-704-0205 �stewart title guaranty company S‘.9a Gyp t: OMOR tat :. 1008 !o.' i reXas Senior Chairman of the Board Chairman of the Board qfrbetineeic President Order Number: 951897-C2 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 28, 2011, at 7:30 A.M. Order Number: 951897-C2 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (Standard) $625,000.00 Proposed Insured: Raymond Snyder and Mondeen Snyder (b) A.L.T.A. Loan Proposed Insured: (Standard) $500,000.00 Bank of America, N.A., its successors and/or assigns 3. The estate or interest in the land described or referred to in this Conunitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: William G. Clancy, Jr. and Kathy L. Clancy 5. The land referred to in this Commitment is described as follows: Lot IS -17 ASPEN GLEN FILING NO. 2 According to the Plat thereof recorded July 15, 1997 as Reception No. 510975. County of Garfield, State of Colorado Purported Address: 317 Wildflower Carbondale, Colorado 81623 Order Number: 951897-C2 ALTA Commitment (6/17/06) — Schedule A Title Officer: Susan Sarver Page 1 of 2 Statement of Charges: These charges are due and payable before a Policy can be issued: OTP: Basic Rate 2006 Owner's Policy: $1563.00 Tax Certificate: $20.00 LTP: Concurrent Bundled 2006 Loan Policy: $450.00 CO Form 100: Included ALTA Form 8.1-06: Included ALTA Form 5.1-06: Included Form 100.30: Included Form 103.1: Included ptewart title guaranty company Order Number: 951897-C2 ALTA Commitment (6/17/06) — Schedule A Title Officer: Susan Sarver Page 2 of 2 The following may be included for an additional charge: STG Prior Deeds End.: $20.00 rstewart COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 951897-C2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 7. Release by the Public Trustee of the Deed of Trust from William G. Clancy, Jr. and Kathy L. Clancy for the use of Affiliated Financial Group, Inc. to secure $750,000.00, dated July 27, 2005 recorded August 3, 2005 in Book 1713 at Page 499 as Reception No. 679449. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Mortgage Electronic Registration Systems, Inc. by instrument recorded November 14, 2005, in Book 1745 at Page 384 as Reception No. 686350. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Order Number: 951897-C2 ALTA Commitment (6/17/06) — Schedule B 1 Pagel oft -stewart title guaranty company 9. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. Order Nmnber: 951897-C2 ALTA Commitment (6/17/06) — Schedule B 1 Page 2 of 2 rstewart COMMITMENT FOR TITLE INSURANCE SCHEDULE 13— Section 2 EXCEPTIONS Order Number: 951897-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, Liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522. 11. Rights and reservations in Warranty Deed recorded December 26, 1958 in Book 314 at Page 160 as Reception No. 203858, and any and all assignments of record, or otherwise, thereof, or interests therein. 12. Rights and reservations in Warranty Deed recorded September 26, 1961 in Book 336 at Page 570 Order Number: 951897-C2 ALTA Commitment (6/17/06) – Schedule B 2 Page 1 of 3 -Stewart —.title guaranty company as Reception No. 215212, and any and all assignments of record, or otherwise, thereof, or interests therein. 13. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356, in Book 931 at Page 374 as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358, in Book 931 at Page 412 as Reception No. 474359 and in Book 931 at Page 432 as Reception No. 474360. 14. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows: A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262. B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154. C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796. D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955. E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058. F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462. G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765. H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797. I. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798. 15. Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Book 835 at Page 364 as Reception No. 436263. 16. Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August 19, 1994 in Book 912 at Page 973 as Reception No. 467451. 17. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328 First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005 Eighth Supplemental Declaration recorded October 26, 1998 in Book Order Number: 951897-C2 ALTA Commitment (6/17/06) — Schedule B 2 Page 2 of 3 --�titIe guaranty company 1094 at Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668, Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952, First Amendment to the Master Declaration recorded October 30, 2003 in Book1533 at Page 735 as Reception No. 639707 and Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No. 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512. 18. Matters disclosed on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330 and on the Plat of Aspen Glen Filing No. 2 recorded July 15, 1997 as Reception No. 510975. 19. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331. 20. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327. 21. Trench, Conduit and Vault Agreement recorded December 1, 1995 in Book 959 at Page 968 as Reception No. 485953. 22. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as Reception No. 503024. 23. Subdivision Improvements Agreement Aspen Glen, Filing No. 2 recorded July 15, 1997 in Book 1026 at Page 149 as Reception No. 510974. 24. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Reception No. 719513. 25. All matters disclosed on the Improvement & Topography Survey dated September 20, 1999 by Schmueser Gordon Meyer as Job No. 99144-A. Order Number: 951897-C2 ALTA Commitment (6/17/06) - Schedule B 2 Page 3 of 3 -stewart —title guaranty company STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITI-1 YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Do we share? Can you limit this sharing? No No Yes Yes For our marketing purposes— to offer our products and services to you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart naive; financial companies, such as Stewart Title Conpany Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharingpractices..m._._.._.... ..-- How often do the Stewart Title Companies notify me about their practices? {{>__—_,.o..._..-..-n..._..._....m..__-.-�_ve_..e.-__..�m R We must notify you about our sharing practices when you request a transaction. pg How do the Stewart Title Companies T o protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title collect my personal information? What sharing can 1 limit? Companies We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd.. Privacy Officer, Houston, Texas 77056 Order Number: 951897-C2 DISCLOSURES Order Number: 951897-C2 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. '1'he subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Cotmnitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as inay be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, hi Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 951897-C2 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at Y.O. Box 2029, Houston, Texas 77252. COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Ordered By: Lynn Kirchner Amore Realty 711 Main Street Carbondale, CO 81623 Phone: 970-963-5177 Fax 970-963-5178 email: lynnK�rof net Commitment Number: 0601336-C Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue BldgMainFloor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich(c7rtitlecorockies.com Reference Property Address: 302 Wildflower Rd., Carbondale, CO 81632 SCHEDULE A 1. Effective Date: March 29, 2018, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Proposed Insured: Issue Date: April 11, 2018 Policy Amount: $101,000.00 Premium: $375.00 Raymond F. Snyder and Mondeen M. Snyder 3. The estate or interest in the Land described or referred to in this Conunitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Lenni Heights Investments, LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: LotIS16, ASPEN GLEN, FILING NO. 2, according to the Plat thereof filed July 15, 1997, at Reception No. 510975. Commitment No. 0601336-C Schedule B -I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the fill consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Resolution or Statement of Authority by Lenni Heights Investments, LLC, a Delaware limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. 2. Deed from Lenni Heights Investments, LLC, a Delaware limited liability company to Raymond F. Snyder and Mondeen M. Snyder. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or its duly authorized agent. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR. IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Alta Commitment - 2006 Schedule B -I Requirements Commitment No. 0601336-C Schedule B -II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 24, 1893, in Book 12 at Page 249. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded October 24, 1893, in Book 12 at Page 249. 9. Right of Way for The Crane and Peebles Ditch as described in document recorded May 2, 1889, in Book 9 at Page 483. 10. The Peebles Waste Water Ditch as described in Map and Statement recorded January 17, 1896, at Reception No. 19095. 11. Right of Way Deed between various owners and the Glenwood Irrigation Company 25 feet in width, being 12.5 feet in width on each side of the center line of the Glenwood Springs Ditch recorded June 17, 1901, in Book 44 at Page 457. 12. Easement and Right of Way for Transmission Line granted to J.F. Smith as described in document recorded January 28, 1927, in Book 155 at Page 331. 13. Easement and right of way for gas distribution and related facilities purposes, as granted by The Rievers Ranch and Development Company to Rocky Mountain Natural Gas Company, Inc. by instrument recorded October 19, 1961, in Book 337 at Page 246, said easement being more particularly described therein. Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 0601336-C Schedule B -II Exceptions (continued) 14. License Agreement between Rocky Mountain Natural Gas Company, Inc. and Mountain States Telephone and Telegraph Company recorded July 5, 1972, in Book 432 at Page 536. 15. Resolution No. 92-056 Approving an application for the Aspen Glen Planned Unit Development recorded June 29, 1992, in Book 835 at Page 305. 16. Resolution No. 93-121 Approving a Preliminary Plan for Aspen Glen P.U.D. recorded December 28, 1993, in Book 887 at Page 824. 17. Resolution NO. 94-008 Approving a Service Plan and the Formation of The Aspen Glen Water and Sanitation District recorded February 2, 1994, in Book 891 at Page 620. 18. License Agreement between Aspen Glen Gold Partners and the Anshutz Investment Company recorded April 2, 1992, in Book 827 at Page 636. 19. Development Agreement between The Aspen Glen Company and The Board of County Commissioners recorded June 29, 1992, in Book 835 at Page 364. 20. Memorandum of Developers Agreements recorded September 16, 1993, in Book 875 at Page 654. 21. Agreement between Colorado Department of Transportation and Aspen Glen Golf Partners recorded December 20, 1993, in Book 886 at Page 833. 22. Agreement between Aspen Glen Golf Partners and Ross Jeffery recorded July 5, 1994, in Book 907 at Page 801. 23. Resolution No. 94-089 Approving an Amendment recorded August 9, 1994, in Book 911 at Page 791. 24. Easements and Rights of Way as described in Warranty Deed between Aspen Glen Golf Partners and Aspen Glen Golf Company recorded November 8, 1994, in Book 921 at Page 661. 25. Resolution No. 96-07 amending the Preliminary Plan for the Aspen Glen PUD recorded February 9, 1996, in Book 966 at Page 686. 26. Agreements between Union Oil Company and Aspen Glen Golf Partners recorded August 19, 1994, in Book 912 at Page 970 and in Book 912 at Page 973. 27. Declaration of Golf Facilities Development Construction and Operational Easement recorded April 6, 1995, in Book 936 at Page 314. 28. Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded April 6, 1995, in Book 936 at Page 350. 29. Trench, Conduit and Vault Agreement between Aspen Glen Golf Company and Holy Cross Electric Association recorded December 1, 1995, in Book 959 at Page 968. 30. Terms and Conditions of Release and Quit Claim Deed recorded May 8, 1996, in Book 977 at Page 229. 31. Easement and right of way to construct, reconstruct, operate, maintain and remove an underground telephone line, as granted by Aspen Glen Golf Company to U.S. West Communications by instrument recorded May 10, 1996, in Book 977 at Page 709. 32. Tcrms and Conditions of Quit Claim Deed between U.S. West Communications and Aspen Glen Golf Alta Commitment - 2006 Schedule B -II Exceptions (continued) Commitment No. 0601336-C Schedule B -II Exceptions (continued) Cornpany recorded May 10, 1996, in Book 977 at Page 710. 33. Easement and right of way for gas distribution and related facilities purposes, as granted by Aspen Glen Golf Company to Rocky Mountain Natural Gas Company by instrument recorded April 30, 1996, in Book 976 at Page 13. 34. Terms and Conditions of Contract between West Divide Water and Aspen Glen Golf Company recorded June 6, 1997, in Book 1021 at Page 366. 35. Agreement between Aspen Glen Golf Company and Garfield County Commissioners recorded July 15, 1997, in Book 1026 at Page 149. 36. First Supplemental Declaration to Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded July 15, 1997, in Book 1026 at Page 161 and subsequent Supplemental Declarations recorded August 24, 1998, in Book 1084 at Page 943; October 26, 1998, in Book 1094 at Page 517; November 19, 1999, in Book 1161 at Page 293: December 14, 1999, in Book 1164 at Page 755 and May 8, 2003 in Book 1467 at Page 910. 37. All Easements, Rights of Way, Restrictions, Notes and all other matters as shown on the Plat of Aspen Glen, Filing No. 2 recorded July 15, 1997, at Reception No. 510975. Alta Commitment - 2006 Schedule B -II Exceptions (continued) Commitment No. 0601336-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statements "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been eamed. Said disclosure must offer the opportunity to receive payment of any interest earned on such fiends beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resiilting payee Will alsb-be snbjeeted to a'WL9 or other requuredrtax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives %stitten instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: E The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs aiid reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Title Company of the Rockies Disclosures A11 documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authunzed agent: er until the Propused Iunned has notified or instructed the company in wiling to the contrary. Pursuant to C.R.S. 1011-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothemial energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owners permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-6045. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listmg each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indennnty by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of `Buyer" and `Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain tenns of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premum: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): $300.00 $25.00 $75.00 TOTAL CHARGES $400.00 Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 4. 1/2 Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker's quarters; home occupation; water treatment facility. b) Minimum Lots Size: 21,780 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW f) Minimum Lot Width*: 120 feet at building setback g) Minimum Lot Depth: 150 feet h) Maximum Floor Area Ratio: .25 i) Minimum Rear Yard: 20 feet j) Minimum Each Side Yard: 10 Feet or 1/2 height of principal building which is greater k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW I) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie -shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 6 CGarfield County Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer Printed by Web User 1 inch = 1,505 feet 1 inch = 0.28 miles 0.2 0.4 0.8 Mile Garfie Id County Garfield County Colorado www.garfield-county.com Colorado Disclaimer This Ise compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing Is to be used only for reference purposes and the County Is not responsible for any Inaccuracies herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 1/14/2020 at 11:24:35 AM Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-191-02-017 DATE: 5/9/18 2393-191-02-016 Updated 6/22/18 PROJECT: Aspen Glen Filing No. 2, Lots IS -17 & IS -16 Amended Plat OWNER: Raymond F. and Mondeen M. Snyder SURVEYOR: Tuttle Survey Services, Jeff Tuttle PRACTICAL LOCATION: 317 & 302 Wildflower Ln. Carbondale, CO 81623 TYPE OF APPLICATION: Amended Final Plat ZONING: Aspen Glen PUD I. GENERAL PROJECT DESCRIPTION The Applicant has acquired ownership of an adjacent lot within the Aspen Glen PUD and has indicated the desire to combine the two lots into one single family residential parcel. No changes to technical details or infrastructure are anticipated. The amended plat will need to address any easement or building envelope considerations. Preliminary research indicates that drainage easements may exist on the property. The Applicant has indicated that they are already in contact with the Homeowners Association and Design Review Committee representatives. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 5-305 — Amended Final Plat Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat o Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable III. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. It is recommended that the outline be utilized as a check list for submittal: o General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form. o A narrative describing the request and related information. o Proof of Ownership (title work or copy of a deed) and information on any lien holders. o Names and mailing addresses of property owners within 200 ft. of the subject property. Mapping showing the ownership is recommended. o Mineral rights ownership for the subject property including mailing address. o If owner intends to have a representative complete the Application and processing then an authorization letter is needed. o Copy of the Preapplication Summary needs to be submitted with the Application. o The Proposed Plat showing the existing and proposed lot lines and building envelope lines for the proposed combined lot. All easements should be shown and all required certificates (signature blocks) shall be included on the plat. o If the lots are vacant no improvement location information is required. If there are improvements on the property, improvement location survey information shall be required to confirm that the revision to the lots and building envelope will not result in any non -conforming conditions. o A Vicinity Map for use in the required public notice is needed. The vicinity map should include that area within approximately 3 miles of the proposal and be on an 81/2 " x 11 " format to allow attachment to the public notice. o The Application should include a waiver request from submittal of an Improvements Agreement. Reference to the waiver criteria in Section 4-118 should be included. o A waiver from submittal of the entire Covenants for the PUD may be requested however the Application does need to include a copy of the relevant zoning from the PUD Guide for the'' 'A acre PUD Zone District. o The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, will not affect utility services, and any other applicable Subdivision and Article 7 topics. o Copies of the Homeowners Association Review of the request if available at the time of submittal should also be provided. o Any other supporting information indicating that the change is consistent with the PUD approvals and is consistent with PUD provisions. IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: ➢ Pre -application meeting. > Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic copy needs to use a PDF format. > Completeness Review. • Additional submittals if needed. > Referrals. > Setting a date for the Director's Decision. > Public Notice 15 days prior to the Director's Decision to property owners within 200 ft. and mineral rights owners on the subject property. > Director's Decision including any conditions. > 10 day Call-up Period. > Finalizing the Plat and satisfaction of any conditions. > Circulation for Applicant/Owner and other signatures. > The final steps in the process are Board of County Commissioners execution of the plat as a consent agenda item and recording the amended plat. Public Hearing(s): Referral Agencies: X No Public Hearing, Directors Decision (with notice per code) _ Planning Commission _Board of County Commissioners Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Aspen Glen Homeowners Association. V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) VI. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: /2 Glenn Hartmann, Principal Planner 4./1_2_ li r Date Approximately 2 months if submittal is complete CGarfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference •Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision •Call-up Period -within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(EX1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: I. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. if you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or Landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services.