HomeMy WebLinkAbout1.00 General Application Materials175 DIAMOND A RANCH ROAD, LLC
APPLICATION FOR AMENDED PLAT / COMMON BOUNDARY LINE
WAIVER REQUEST FROM SUBMITTAL OF AN
COVENANTS
RESPONSE TO SECTION 4-202.C – REVIEW CRITERIA
Justification for the Waiver: The property is part of the Aspen Glen PUD and Aspen Glen Homeowners
Association which already has its own governing documents.
4-202.C. Review Criteria.
1. The Applicant shows good cause for the requested waiver;
Response: The property is part of the Aspen Glen Homeowners Association which already
has its own governing documents.
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: The main purpose of the application is to create a common lot line to separate
an existing duplex. No substantial improvements or development is proposed. Therefore,
complexity and anticipated impacts will be nearly non-existent.
3. The waiver does not compromise a proper and complete review; and
Response: An adequate review can be undertaken via the Amended Final Plat Application
process.
4. The information is not material to describing the proposal or demonstrating compliance
with approval criteria.
Response: All required governing documents are in place and recorded in the Garfield
County real estate records.
175 DIAMOND A RANCH ROAD, LLC
APPLICATION FOR AMENDED PLAT / COMMON BOUNDARY LINE
WAIVER REQUEST FROM SUBMITTAL OF AN
IMPROVEMENTS AGREEMENT
RESPONSE TO SECTION 4-202.C – REVIEW CRITERIA
Justification for the Waiver: All improvements (buildings, road, infrastructure, etc.) on the property have
already been constructed.
4-202.C. Review Criteria.
1. The Applicant shows good cause for the requested waiver;
Response: All improvements on the property have already been constructed.
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: The main purpose of the application is to create a common lot line to separate
an existing duplex. No substantial improvements or development is proposed. Therefore,
complexity and anticipated impacts will be nearly non-existent.
3. The waiver does not compromise a proper and complete review; and
Response: An adequate review can be undertaken via the Amended Final Plat Application
process.
4. The information is not material to describing the proposal or demonstrating compliance
with approval criteria.
Response: All improvements are in place.
175DIAMOND A RANCH ROAD, LLC
P.O. BOX 6095
SNOWMASS VILLAGE, CO 81615
(970) 987-2488
March 17, 2022
Vince Hooper, Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Amended Plat Application – 175 Diamond A Ranch Road, LLC
Dear Mr. Hooper:
175 Diamond A Ranch Road, LLC is the applicant and owner of the real property which is
the subject of the Amended Plat Application submitted herewith. 175 Diamond A Ranch Road, LLC
hereby authorizes Chad J. Lee, and the firm of Balcomb & Green, P.C. to act in all respects as the
authorized representative of 175 Diamond A Ranch Road, LLC to submit and prosecute the above-
referenced application.
Very truly yours,
175 DIAMOND A RANCH ROAD, LLC,
a Colorado limited liability company
By:___________________________________________
Jodi Puder, Manager
Garfield County, CO
Developed by
Date created: 3/15/2022
Last Data Uploaded: 3/15/2022 2:08:39 AM
240 ft
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Owner Name
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County Boundary
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MINERAL OWNERS
Leonis P. Chuc and Neva M. Chuc
9663 Highway 82
Carbondale, CO 81623
The Estate of Ceasar J. Chuc
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 -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, ugh the records in the office of the Clerk and Recorder or
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
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):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
_____________________________________________ _________________________________
Signature Date
Signature:
Email: jodi.puder@gmail.com
ParcelId OwnerName OwnerAddress1 OwnerCityStZip
R830113 ASPEN GLEN E24 LLC 730 EAST DURANT AVENUE SUITE 200 ASPEN CO 81611
R830120 WILLIAMS, KENNETH HURST 63 FOX PROWL CARBONDALE CO 81623
R045329 POLSON, DOUGLAS R & CHERYL J 210 DIAMOND A RANCH ROAD CARBONDALE CO 81623
R830121 WILLIAMS, ROBERT T & ZENTMYER, PAMELA F PO BOX 23 CARBONDALE CO 81623
R045328 EWALT, NORRIS D TRUST & EWALT, SUSAN M T 12 SEEBURG CIRCLE CARBONDALE CO 81623
R083972 FORRISTALL, TRACY & KRUSE, TIMOTHY R 180 A SEEBURG CIRCLE CARBONDALE CO 81623
R830088 175 DIAMOND A RANCH ROAD LLC 150 SNOWMASS CLUB CIRCLE #1513 SNOWMASS VILLAGE CO 81615
R830083 SJN LLC 2402 GRAND AVENUE GLENWOOD SPRINGS CO 81601
R830191 CIANI, CARL 2402 GRAND AVENUE GLENWOOD SPRINGS CO 81601
R044905 KRUSE, RICHARD B & KAREN JANE 139 DIAMOND A RANCH ROAD CARBONDALE CO 81623
R830190 REES, MARY LANETTE 7204 RIPLEY STREET MCKINNEY TX 75071
R830085 SPORT, JAY E & SPORT, BARBARA SUNDMAN 106-B DIAMOND A RANCH ROAD EAST CARBONDALE CO 81623
R044906 COWAN, HOWARD HOUSTON & JANICE L 137 DIAMOND A RANCH ROAD CARBONDALE CO 81623
R830122 BILAVER, NEDILJKO 918 MISSION ROCK ROAD #C1 SANTA PAULA CA 93060
R830192 SPIRIT REALTY L P 3030 LBJ FREEWAY, SUITE 600 DALLAS TX 75234
Garfield County, CO
Developed by
Account
Number
R830088
Parcel
Number
239320304044
Acres 1
Land SqFt 0
Tax Area 083
2019 Mill Levy 87.1760
Physical
Address
175 E DIAMOND A RANCH RD
CARBONDALE 81623
Owner
Address
175 DIAMOND A RANCH ROAD
LLC
150 SNOWMASS CLUB CIRCLE
#1513
SNOWMASS VILLAGE CO 81615
2019 Total Actual
Value
$120,000 Last 2 Sales
Date Price
9/3/2021 $0
8/25/2021 $0
Date created: 3/15/2022
Last Data Uploaded: 3/15/2022 2:08:39 AM
1,586 ft
Overview
Legend
Parcels
Roads
Parcel/Account
Numbers
Highways
Limited Access
Highway
Major Road
Local Road
Minor Road
Other Road
Ramp
Ferry
Pedestrian Way
Owner Name
Lakes & Rivers
County Boundary
Line
ASPEN GLEN PUD
Eighth Amended PUD Guidelines
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 2
A. Applicability Statement
To carry out the purposes and provisions of the Garfield County Zoning Regulations,
as amended, The Aspen Glen Club Planned Unit Development Zone District is
further divided into the following zone district classifications:
2 Acre Residential Zone District
1 Acre Residential Zone District
¾ Acre Residential Zone District
½ Acre Residential Zone District
¼ Acre Residential Zone District
Duplex Residential Zone District
Club Villa Residential Zone District
Golf Course Zone District
Golf Clubhouse Zone District
Open Space/River Parks Zone District
B. PUD Zone District Regulations
The following subsections describe the proposed zoning districts for The Aspen Glen
Club. It is intended that a preliminary plan and final plat will be submitted for the
residential development areas that are consistent with the concept and development
standards set forth in the following subsections.
It is intended that, for the Zone Districts described in items enumerated as 1 through
10 of this Section B, in addition to the permitted uses listed in the descriptions for
each such Zone District well also include all uses by right permitted within the
Garfield County Zone District known as A/R/R/D, as such uses are described in the
Zoning Regulation adopted and enacted by the Board of County Commissioners of
Garfield County in effect from time to time.
At such time, however, as any portion of the property comprising The Aspen Glen
Club is subdivided as evidenced by the recording with the Clerk and Recorder of
Garfield County of a final, signed, approved subdivision plat for any such portion of
the property, any right to use such platted portion of the property for any additional
uses permitted by the A/R/R/D zoning shall automatically terminate, and such
platted property shall be zoned only for the permitted uses specifically described in
items 1 through 10 following.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 3
1. 2 Acre Residential Zone District
Single-family detached structures intended for individual lot ownership.
a) Permitted Uses:
Single-family residential plus accessory uses, including guest and/or caretaker’s
quarters; home occupation; water storage tank.
b) Minimum Lots Size:
87,120 square feet (2 acres)
c) Maximum Building Height:
32 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*:
150 feet at building setback
g) Minimum Lot Depth:
250 feet
h) Maximum Floor Area Ratio:
.25
i) Minimum Rear Yard:
35 feet
j) Minimum Each Side Yard:
10 Feet or ½ height of principal building which is greater
k) Corner Lot Minimum Side Yard Abutting Public/Private Street:
25 feet from roadway easement/ROW
l) 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.
NOTE: Each lot will have a pre-determined building envelope within which all structures will be confined.
The remainder of the lot must be left in its natural state, a portion of which shall be designated as an
“Area Prohibited for Development” on the PUD Development Plan. The envelope shall be designated at
Preliminary Plan.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 4
2. 1 Acre Residential Zone District
Single-family detached structures intended for individual lot ownership.
a) Permitted Uses:
Single-family residential plus accessory uses, including guest and/or caretaker’s
quarters; home occupation.
b) Minimum Lots Size:
45,560 square feet (1acre)
c) Maximum Building Height:
25 feet
d) Minimum Front Yard if Abutting Public/Private Street:
35 feet from roadway easement/ROW
e) Minimum Lot Width*:
150 feet at building setback
f) Minimum Lot Depth:
220 feet
g) Maximum Floor Area Ratio:
.25
h) Minimum Rear Yard:
20 feet
i) Minimum Each Side Yard:
10 Feet or ½ height of principal building which is greater
j) Corner Lot Minimum Side Yard Abutting Public/Private Street:
25 feet from roadway easement/ROW
k) 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.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 5
3. ¾ 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; existing main residence and guest house may be
utilized as a Bed and Breakfast for no more than 10 beds and temporary
clubhouse for the golf course. Temporary clubhouse uses shall be the same as
a typical golf clubhouse facility.
b) Minimum Lots Size:
32,670 square feet (¾ acre)
c) Maximum Building Height:
25 feet
d) Minimum Front Yard if Abutting Public/Private Street:
35 feet from roadway easement/ROW
e) Minimum Lot Width*:
140 feet at building setback
f) Minimum Lot Depth:
175 feet
g) Maximum Floor Area Ratio:
.25
h) Minimum Rear Yard:
20 feet
i) Minimum Each Side Yard:
10 Feet or ½ height of principal building which is greater
j) Corner Lot Minimum Side Yard Abutting Public/Private Street:
25 feet from roadway easement/ROW
k) 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.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 6
4. ½ 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 ½ height of principal building which is greater
k) Corner Lot Minimum Side Yard Abutting Public/Private Street:
25 feet from roadway easement/ROW
l) 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.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 7
5. ¼ 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.
b) Minimum Lots Size:
10,890 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:
30 feet from roadway easement/ROW
f) Minimum Lot Width*:
60 feet at building setback
g) Minimum Lot Depth:
120 feet
h) Maximum Floor Area Ratio:
.35
i) Minimum Rear Yard:
20 feet
j) Minimum Each Side Yard:
10 Feet
k) Corner Lot Minimum Side Yard Abutting Public/Private Street:
15 feet from roadway easement/ROW
l) 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.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 8
6. Duplex Residential Zone District
Two-family attached structures intended for individual lot ownership.
a) Permitted Uses:
Single-family residential and two-family residential. Provided, however that the
following uses shall be allowed upon Lot D45, as depicted on the Final Plat
Aspen Glen Filing No. 1: A sales and reception center or real estate sales
professionals and customers; a reception center for development sponsored
guests of Aspen Glen; offices for real estate sales, administration, homeowners
association matters, and related office uses.
b) Minimum Lots Size:
15,625 square feet
c) Maximum Building Height:
30 feet
d) Minimum Front Yard if Abutting Arterial Street:
50 feet from ROW line
e) Minimum Front Yard if Abutting Public/Private Street:
30 feet from roadway easement/ROW
f) Minimum Lot Width* (see below):
125 feet at building setback
g) Minimum Lot Depth:
125 feet
h) Maximum Floor Area Ratio:
.30
i) Minimum Rear Yard** (see below):
20 feet
j) Minimum River Setback (from Normal High Water Line)
50 feet for buildings and 25 feet for fences
k) Minimum Each Side Yard*** (see below):
10 Feet or ½ height of principal building which is greater; zero lot line allowed
between duplex units as provided for in re-subdivision procedure as defined
below
l) Corner Lot Minimum Side Yard Abutting Public/Private Street:
15 feet from roadway easement/ROW
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 9
6. Duplex Residential Zone, Con’t.
m) 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.
** Rear building line and fencing allowances on river golf course and other premium frontage
lots are to be determined on a lot by lot basis at time of subdivision platting.
*** Each duplex lot may be re-subdivided along a common wall departing the individual dwelling
units of a two-family residence. Re-subdivision of a duplex lot shall be processed as follows:
A plat of the lot to be re-subdivided shall be submitted along with a narrative requesting
the re-subdivision and the written consent of the lot owner to the Garfield County
Department of Planning.
Staff shall review and compare the plat with the previously recorded plat for the affected
area of the Aspen Glen Planned Unit Development.
Within thirty (30) days of submittal the re-subdivision plat shall be brought before the
Board of County Commissioners for review and decision. If the re-subdivision plat
meets the criteria set forth by these Aspen Glen PUD Zone Regulations, the Board of
County Commissioners shall approve the re-subdivision along the common wall of the
duplex structure.
A Final Plat having all other signatures and statement required of a plat and titled “Re-
subdivision of Lot ___, Block ___ of ___ (reference the title of the appropriate Aspen
Glen PUD recorded plat), shall be signed and dated by the County Surveyor, then dated
and signed by the Chairman of the Board and recorded in the Clerk and Recorder’s
Office of Garfield County within ninety (90) days.
NOTE: As provided for in the guidelines of the Protective Covenants, there will be no
architectural mirror image of duplex units. While each unit may be similar in size, it is intended
the entire duplex structure appear architecturally unified in that the duplex will have the
character of one residential structure. The smaller of the two duplex units may not exceed 40%
of the allowable square footage.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 10
7. Club Villa Acre Residential Zone District
Single-family attached and single-family detached residential dwellings intended for
individual lot ownership, which may include golf villas, townhomes, club villas, and
duplexes.
Single-Family Attached
a) Permitted Uses:
Single-family residential (attached) plus accessory uses, except guest and/or
caretaker’s quarters; home occupation; water treatment facility.
b) Minimum Lots Size:
22,500 square feet
c) Maximum Building Height:
25 feet
d) Minimum Front Yard if Abutting Public/Private Street:
20 feet from roadway easement/ROW
e) Minimum Lot Width*:
60 feet at building setback
f) Minimum Lot Depth:
100 feet
g) Maximum Floor Area Ratio for Entire Development Tract:
.5
h) Minimum Rear Yard:
20 feet
i) Minimum Each Side Yard:
7.5 Feet
j) Minimum separation Between Buildings:
15 feet
k) Maximum Number of Attached Units (in a single structure):
8 units
l) Minimum off Street Parking per DU:
Two (2) spaces
m) Minimum Open Space per each Villa Development Tract:
25%
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from Board of County Commissioner resolutions
referenced above. Page 11
7. CLUB VILLA ZONE CONTINUED
Duplex
a) Permitted Uses:
Single-family residential and two-family residential plus accessory uses, except
guest and/or caretaker’s quarters; home occupation; water treatment facility.
b) Minimum Lots Size:
15,625 square feet
c) Maximum Building Height:
25 feet
d) Minimum Front Yard if Abutting Public/Private Street:
20 feet from roadway easement/ROW (per Director Decision recorded at
Reception Number 796954)
e) Minimum Lot Width*:
125 feet at building setback
f) Minimum Lot Depth:
100 feet
g) Maximum Floor Area Ratio for Entire Development Tract:
.3
h) Minimum Rear Yard:
20 feet
i) Minimum Each Side Yard:
10 feet or ½ height of the principle building whichever is greater
j) Corner Lot Minimum Side Yard Abutting Public/Private Street:
15 feet from roadway easement /ROW
k) Minimum off Street Parking per DU:
Four (4) spaces
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document is a compilation of approvals granted by the Board of County
Commissioner in resolutions referenced above. Page 12
7. CLUB VILLA ZONE CONTINUED
Single-Family Detached
a) Permitted Uses:
Single-family residential (detached) plus accessory uses, excluding guest and/or
caretaker’s quarters; home occupation; water treatment facility.
b) Minimum Lots Size:
10,890 square feet
c) Maximum Building Height:
25 feet
d) Minimum Front Yard if Abutting Public/Private Street:
25 feet from roadway easement/ROW
e) Minimum Lot Width*:
60 feet at building setback
f) Minimum Lot Depth:
100 feet
g) Maximum Floor Area Ratio for Entire Development Tract:
.25
h) Minimum Rear Yard:
20 feet unless abutting BLM or open space/golf parcels then 10 feet
i) Minimum Each Side Yard:
10 feet
j) Corner Lot Minimum Side Yard Abutting Public/Private Street:
15 feet from roadway easement /ROW
k) Minimum off Street Parking per DU:
Two (2) 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.
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from resolutions approved by the Board of County
Commissioner as referenced above. Page 13
8. Golf Course Zone District
a) Permitted Uses:
Golf course, golf maintenance facility, related activities, fire/security station and
accessory uses; water treatment facility
b) Golf Maintenance Building and Accessory Buildings:
1) Maximum Building Height:
25 feet
2) Building setback from CR 109 and any adjacent residential land uses:
25 Feet
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from resolutions approved by the Board of County
Commissioner as referenced above. Page 14
9. Golf Clubhouse Zone District
a) Permitted Uses:
Golf clubhouse (including but not limited to, pro-shop, restaurant, lounge, exercise
facility, locker rooms, library and memorabilia rooms, meeting and special function
rooms); Real estate sales office; fishing tackle sales; beauty salon and barber
shop; business services; auto detailing; reservation services; recreational and
related activities; convenience store; bed and breakfast for no more than 10 beds;
A maximum of ten (10) single family attached residential dwelling units intended for
condominium or town home ownership.
b) Maximum Building Height:
40 feet
c) Minimum Front Yard if Abutting Public/Private Street:
5 feet from roadway easement/ROW
d) Maximum Floor Area Ratio for Entire Development Tract:
.25
e) Minimum Rear Yard:
50 feet
f) Minimum Side Yard:
25 feet
g) Minimum off Street Parking per DU:
150 spaces plus one additional space per each bed in bed and breakfast facility
h) For single family attached residential dwelling units allowed within this Zone
District, the following Development Standards apply:
1) Minimum lot size per condominium structure:
9,600 square feet
2) Maximum building height:
29 feet
3) Minimum lot width:
40 feet
4) Minimum lot depth:
100 feet
5) Minimum separation between buildings:
20 feet
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from resolutions approved by the Board of County
Commissioner as referenced above. Page 15
9. Golf Clubhouse Zone District, Con’t.
6) Minimum setback from public/private street or driveway:
10 feet
7) Maximum floor area ratio (total of floor space of all units on any single
condominium or townhome lot:
.5
8) Minimum off-street parking per residential dwelling unit:
Two (2) spaces
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from resolutions approved by the Board of County
Commissioner as referenced above. Page 16
10. Open Space/River Parks Zone District
a) Permitted Uses:
Passive and active recreational activities; park facilities; clubhouse with
snack bar; fishing tackle sales; equestrian facilities; tack services;
reservation services; water treatment facility; water storage tanks; and
wastewater treatment facility
b) Maximum Building Height:
25 feet provided that water storage tanks may exceed such height
limitation
c) Building Setback from Residential Property Line or Road ROW:
25 feet
Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084
*This document has been compiled from resolutions approved by the Board of County
Commissioner as referenced above. Page 17
C. General Provisions
1. Effect of Garfield County Zoning Resolution (adopted January 2, 1979)
The provisions of the Garfield County Zoning Resolution and the successors
thereof as now in effect and as hereafter amended, are by this reference
incorporated herein as if set forth in full, to the extent not divergent from the
provisions of the Aspen Glen Planned Unit Development Zone Regulations.
2. Conflict
The provisions of the Zoning Regulations shall prevail and govern the
development of Aspen Glen PUD provided, however, where the provisions of
the Aspen Glen PUD Zone Regulations do not clearly address a specific
subject, the ordinances, resolutions or regulations of Garfield County shall
prevail. Definitions established herein shall take precedence over definitions
established by Subdivisions Regulations of Garfield County, adopted April 23,
1984, whenever these regulations are applicable to the Aspen Glen PUD. By
way of example, the floodplain regulations suet forth in Section 6:00 of the
Garfield County Zoning Regulations are fully applicable to this proposed PUD.
D. Variance from Subdivision Regulations
Except as defined below, all provisions of the Garfield County Subdivision
Regulations shall be applicable to The Aspen Glen Club PUD.
1. Street Design: Standard street cross sections hall be as identified in Section
V, D. (page 42), title Typical Roadway Cross Sections.
2. If an emergency access point has not been provided, cul-de-sacs in excess of
600 feet will be allowed with the following design standards:
a. Right-of-way minimum radius: 62 feet
b. Driving surface minimum radius: 60 feet
3. Sidewalks are not required in the street right-of-way except as proposed in
Section V, H (p. 46), titled Public and Private Trail System Plan.
4. In situations where topography or development tract orientation dictates, the
offset between intersecting streets will be a minimum of 100 feet.
ASPEN | BUENA VISTA | GLENWOOD SPRINGS | LAMAR
Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
Chad J. Lee, Esq.
Telephone (970) 945-6546
clee@balcombgreen.com
March 18, 2022
Via Email:
Vince Hooper, Planner III
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
vhooper@garfield-county.com
Re: Application for Amended Plat – 175 Diamond A Ranch Road, LLC
Dear Vince:
Thank you for speaking with me last week regarding establishing a common boundary line for a
duplex lot within the Aspen Glen PUD. As we discussed, County Staff has recommended that we proceed
through the County’s Amended Final Plat Application to establish this common boundary line. Also
enclosed is the Aspen Glen PUD Guide, which contains certain guidelines for the amended plat. We look
forward to working with you through this application. The required application materials for an amended
plat are attached and they are as follows:
1. Garfield County’s completed Division of Land Application form;
2. Waiver Requests for Covenants and Improvements Agreement;
3. Garfield County’s completed Payment Agreement form;
4. The current owner’s vesting deed for the subject property;
5. Title Commitment for subject property;
6. Statement of Authority for 175 Diamond A Ranch Road, LLC;
7. Letter from Applicant authorizing Chad Lee and Balcomb & Green, P.C. to act as authorized
representative of 175 Diamond A Ranch Road, LLC to submit and prosecute the application;
8. Map showing property owners within 200 feet of subject property;
9. List of property owners within 200 feet of subject property;
10. Vicinity map;
11. Resubdivision Plat of Lot D44, Aspen Glen, Filing 1;
12. The Aspen Glen PUD Eight Amended PUD Guidelines;
13. The Aspen Glen Final Plat; and
14. Our check in the amount of $100.00 which we understand to be the appropriate fee for an
amended plat application.
BALCOMB & GREEN, P.C.
By:
Chad J. Lee, Esq.
cc: Jodi Puder, Manager of 175 Diamond A Ranch Road, LLC.
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63018638 Date: 04/05/2022
Property Address:175 DIAMOND A RANCH ROAD, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Agent for Seller
BALCOMB & GREEN
Attention: BRITT CHOATE
PO DRAWER 790
818 COLORADO AVE
GLENWOOD SPRINGS, CO 81602
(970) 945-6546 (Work)
(970) 945-9769 (Work Fax)
brittc@balcombgreen.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63018638 Date: 04/05/2022
Property Address:175 DIAMOND A RANCH ROAD, CARBONDALE, CO 81623
Parties:A BUYER TO BE DETERMINED
175 DIAMOND A RANCH ROAD, LLC, A COLORADO LIMITED LIABILITY
COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 08/30/2021 under reception no.
962295
Garfield county recorded 05/22/2007 under reception no.
723823
Plat Map(s):
Garfield county recorded 04/06/1995 under reception no.
476330
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
175 DIAMOND A RANCH ROAD, CARBONDALE, CO 81623
1. Effective Date:
03/18/2022 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
175 DIAMOND A RANCH ROAD, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT D-44
ASPEN GLEN
FILING NO. 1
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018638
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63018638
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. DEED OF TRUST DATED AUGUST 25, 2021, FROM 175 DIAMOND A RANCH ROAD, LLC, A COLORADO
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR THE
USE OF FIRSTBANK TO SECURE THE SUM OF $1,970,000.00 RECORDED AUGUST 30, 2021, UNDER
RECEPTION NO. 962296.
DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 30,
2021, UNDER RECEPTION NO. 962297.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED APRIL 11, 1892 IN BOOK 12 AT PAGE 133, AND RECORDED
JANUARY 11, 1893 IN BOOK 12 AT PAGE 250.
10. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF
EVERY KIND AND NATURE AS RESERVED BY LEONIS P. CHUC IN WARRANTY DEED RECORDED
DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN LICENSE AGREEMENT
RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 636.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018638
12. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT
AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:] ]A. RESOLUTION #92-056 RECORDED JUNE 29,
1992 IN BOOK 835 AT PAGE 305 AND AMENDED IN RESOLUTION #97-38 RECORDED APRIL 16, 1997 IN
BOOK 1015 AT PAGE 617.] ]B. RESOLUTION #93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT
PAGE 824.] ]C. RESOLUTION #94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620.] ]D.
RESOLUTION #94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.] ]E. RESOLUTION #94-
139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.] ]F. RESOLUTION #95-004 RECORDED
JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.] ]G. RESOLUTION #96-06 RECORDED FEBRUARY 09, 1996
IN BOOK 966 AT PAGE 682.] ]H. RESOLUTION #96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT
PAGE 686.] ]I. RESOLUTION #96-26 RECORDED MAY 09, 1996 IN BOOK 977 AT PAGE 399.] ]J.
RESOLUTION #98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757.
13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED
AUGUST 19, 1994 IN BOOK 912 AT PAGE 970.
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN OUT OF DISTRICT SEWER
SERVICE AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973.
15. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST
SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH
SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH
SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH
SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293,
ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE
877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT
PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT
PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION MAY 08, 2003 IN BOOK 1467 AT PAGE 910,
AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1643 AT
PAGE 795 AND AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ASPEN GLEN RECORDED MARCH 23, 2007 IN BOOK 1905 AT PAGE 523, AND FIRST AMENDMENT
RECORDED NOVEMBER 5, 2020 UNDER RECEPTION NO. 944700, AND SECOND AMENDMENT
RECORDED SEPTEMBER 8, 2021 UNDER RECEPTION NO. 962780.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018638
16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF
WAY AS CONTAINED IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND
OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND
VAULT AGREEMENT RECORDED DECEMBER 1, 1995 IN BOOK 959 AT PAGE 968.
18. TERMS, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAMING CERTAIN STREETS WITHIN
ASPEN GLEN P.U.D. RECORDED MARCH 13, 2007 AT RECEPTION NO. 718915.
19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF ASPEN GLEN PLANNED UNIT DEVELOPMENT RECORDED APRIL 06, 1995, UNDER RECEPTION NO.
476330.
20. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK
936 AT PAGE 458.
21. TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT RECORDED APRIL 28, 2000
UNDER RECEPTION NO. 562702.
22. TERMS, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED MARCH 23, 2007 UNDER RECEPTION
NO. 719513.
23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2014-80
RECORDED DECEMBER 15, 2014 AS RECEPTION NO. 857186.
24. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PC-2017-
01 RECORDED AUGUST 16, 2017 AS RECEPTION NO. 896187.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018638
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR LOT D-44
ASPEN GLEN FILING NO. 1
GARFIELD COUNTY, COLORADO
Recitals
1. Jodi Puder Revocable Trust ("Declarant") is the Owner of the real property situated
in the County of Garfield, State of Colorado, described as Lot D-44, Aspen Glen Filing No. 1,
according to the Plat thereof recorded April 6, 1995, as Reception No. 476330 (the "Lot") in the
records of the Garfield County Clerk and Recorder.
2. Declarant has constructed on the Lot a duplex building consisting of two separate
Units, each designed and intended for use as a residential dwelling, designated as Unit D44A and
Unit D44B, which are sometimes referred to separately as "Unit" or collectively as "Units."
3. Declarant desires to establish a plan for the Ownership of the Lot as it has been
resubdivided, by establishing separate Ownership and rights and obligations related and
appurtenant to Unit A and Unit B, as identified on the Plat.
DECLARATION
SECTION I.
SUPPLEMENTAL DECLARATION;
LOT SUBJECT TO MASTER DECLARATION
A. Declarant does publish and declare that the following terms, covenants, conditions,
easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with
the land described herein, shall be a burden and a benefit to Declarant, its successors and assigns
and any person acquiring or owning an interest in the Units and improvements built thereon, their
grantees, personal representatives, heirs, successors and assigns.
B. Notwithstanding anything set forth in this Supplemental Declaration, the Lot which
has now been resubdivided into Unit D44A (“Unit A”) and Unit D44B (“Unit B”), shall at all times
be subject to all terms and conditions of the Master Declaration of Covenants, Conditions and
Restrictions for Aspen Glen as the same are recorded in the records of the Clerk and Recorder of
Garfield County, Colorado, as Reception No. 476328, Book 936, Page 350, (“Master Declaration”)
and as the same has been, and may be, amended from time to time.
Party Wall Agreement
Page 2
SECTION II.
DEFINITIONS
Unless the context shall expressly provide otherwise, the terms used herein shall have the
meanings set forth in the Master Declaration. In addition, the following terms shall have the
following meanings:
A. "Driveway Easement" means any non-exclusive easement upon the Lot for
pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the
Owners of Unit A and Unit B as provided in this Supplemental Declaration.
B. "Duplex" or "Building" means the improvements constructed upon the Lot.
C. "Lot" or "Building Site" means Lot D-44A or Lot D-44B, depicted on the Plat
located in Garfield County, Colorado.
D. "Owner" means a person, persons, firm, corporation, partnership or association, or
other legal entity, or any combination, owning an interest in the Parcels, and shall include, when
the context permits, such Owner's family, agents, guests, invitees and, if such Owner is not a
natural person, such Owner's ultimate natural person beneficial Owners.
E. "Plat" means the Plat of the Lot filed on __________________ as Reception No.
________________ of the Records of the Garfield County Clerk and Recorder, depicting and
locating with specificity the Units and the Common Driveway, which land and improvements are
subject to this Supplemental Declaration.
F. "Unit" means either Unit D44A or Unit D44B of Lot D-44, Aspen Glen Filing No.
1, according to the recorded Plat together with the improvements located upon each respective
division of the Lot, the improvements thereon, and appurtenant rights and obligations.
SECTION III.
DESCRIPTION AND RESERVATION
Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed, or other legal instrument
affecting title to a Unit shall legally describe such Unit of the Lot or a real property interest therein
as follows:
Party Wall Agreement
Page 3
Unit D44A or Unit D44B, (as the case may be) Lot D-44, Aspen Glen Filing No.
1, according to the Plat thereof and according to the Party Wall Agreement and
Supplemental Declaration of Covenants, Conditions and Restrictions for Lot D-44, Aspen
Glen Filing No. 1, recorded as Reception No. __________________ of the records of the
County of Garfield, State of Colorado.
Every such description shall be good and sufficient for all purposes to sell, convey, transfer,
encumber or otherwise affect the Units and all appurtenant rights, benefits and burdens thereto as
created by the provisions of this Supplemental Declaration, and each such description shall be so
construed.
SECTION IV.
PROPERTY DIVISION.
A. Declarant hereby establishes this plan for the subdivision of the Lot into two Units for
Ownership in fee simple consisting of Unit A and Unit B.
B. No Owner shall bring any action for partition or division of Unit A and Unit B from
their appurtenant undivided interests in the Party Wall or Common Driveway.
C. In the event Unit A and Unit B are owned by the same person or entities, the doctrine
of merger shall not apply.
D. Except as otherwise provided herein, the parties, if more than one, having the
Ownership of each such Unit shall agree among themselves how to share the rights and obligations
of such Ownership; provided, however, that if a corporation, partnership, association or other legal
entity shall become an Owner, or the parties, if more than one, have concurrent Ownership of a
Unit, then such entity or concurrent Owners shall from time to time designate one individual who
shall represent such entity or concurrent Owners in all matters concerning all rights and obligations
pursuant to this Supplemental Declaration.
E. Any such entity or concurrent Owners shall give written notice to the other Owner
designating the individual to act on its or their behalf and such notice shall be effective until
revoked in writing by such entity or Owners. Any act or omission by such designated individual
shall be binding on the entity or Owners so designating him.
F. Each Unit shall be considered a separate parcel of real property and shall be separately
assessed and taxed.
Party Wall Agreement
Page 4
SECTION V.
CREATION OF COMMON DRIVEWAY EASEMENT
Declarant hereby creates, and the Owners of the Units, their grantees, personal
representatives, heirs, successors and assigns, shall each have a mutual, reciprocal, non-exclusive,
perpetual easement and right-of-way upon the Common Driveway depicted on the Plat for
purposes of providing vehicular, pedestrian, or utility access to their respective Units. Unit A and
Unit B shall each have appurtenant thereto the easement created hereby and the right to use the
Common Driveway for the purposes set forth herein, which right shall be inseparable from either
Unit. And may be conveyed, leased, devised, or encumbered only as such appurtenant interest.
No Owner of either Unit shall bring any action for partition or division of Unit A or Unit B from
their appurtenant interest in the Common Driveway. In the event Unit A and Unit B are owned
by the same person or entity, the doctrine of merger shall not apply.
The Owners of both Units shall have equal right to the use of the Common Driveway and
no Owner shall hinder or permit his or her invitees’ access to the residential dwelling unit
constructed on either Unit. There shall be no parking upon the Common Driveway without
permission of the other Unit Owner. The Owners shall maintain the Common Driveway in its
present condition or in the condition to which it is improved from time to time, free and clear of
obstruction, shall repair the same as necessary, shall keep the same reasonably free and clear of
ice and snow, and shall keep the Common Driveway insured with respect to liability. All
necessary maintenance of the Common Driveway shall be shared equall y by the Unit Owners,
including snowplowing and other necessary maintenance of the Common Driveway to
SECTION VI.
ENCROACHMENTS
If any portion of the improvements associated with Unit A or Unit B now encroaches upon
the other Unit as a result of the construction of any building, or if any such encroachment shall
occur later as a result of settling or movement of any building, a valid easement for the
encroachment and the maintenance of the same so long as the building stands, shall exist. In the
event any building shall be partially or totally destroyed as a result of fire or other casualty or as a
result of condemnation or eminent domain proceedings and then rebuilt, encroachments of parts
of the building on the other Unit, due to such rebuilding, shall be permitted, so long as such
encroachments are of no greater extent than those previously existing, and valid easements for
such encroachments and the maintenance thereof shall exist so long as the building shall stand.
Party Wall Agreement
Page 5
SECTION VII.
PARTY WALL
A. The common wall placed on the common boundary separating Unit A from Unit B,
the footings underlying said wall and the portion of roof over such wall are collectively referred
to as the "Party Wall."
B. To the extent not inconsistent with this Supplemental Declaration, the general rules
of law regarding party walls and liability for damage due to negligence or willful acts or omissions
shall apply to the Party Wall.
C. The Owners of either Unit shall have a perpetual easement in and to that part of the
other Unit on which the Party Wall is located, for party wall purposes, including mutual support,
maintenance, repair and inspection. In the event of damage to or destruction of the Party Wall from
any cause, the Owners shall at joint expense, repair or rebuild the Party Wall, and each Owner
shall have the right to the full use of the Party Wall so repaired and rebuilt. Notwithstanding
anything contained above to the contrary, if the negligence or willful act or omission of any Owner,
his family, agent or invitee, shall cause damage to or destruction of the Party Wall, such Owner
shall bear the entire cost of repair or reconstruction, and an Owner who by his or her negligent or
willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing
the necessary protection against such elements.
SECTION VIII.
LANDSCAPING, SERVICE FACILITIES, AND PARKING
Subject at all times to the relevant provisions of the Master Declaration:
A. The Owners from time to time shall undertake such landscaping and general
outdoor improvements as they may mutually and unanimously deem proper for the harmonious
improvement of both Units in a common theme, and each Owner shall be solely responsible for
all expenses, liabilities and general upkeep responsibilities with respect to such landscaping and
outdoor improvements on the Unit of that Owner. The Owner of one Unit shall not unreasonably
damage the value of the other Unit such as by shoddy upkeep outside, but both Owners shall make
all reasonable efforts to preserve a harmonious common appearance o f the Units. Nothing
contained in this Supplemental Declaration shall be deemed to prevent either Owner from adding
any additional natural landscaping, trees or similar items to such Owner's Unit, or from installing
grass, all at the sole expense, maintenance and upkeep of such Owner, unless otherwise specifically
agreed to by the Owners themselves. Notwithstanding anything to the contrary herein, the
Owners shall at all times comply with all applicable Homeowners Association Rules and
Regulations regarding landscaping.
B. Common utility or service connections or lines, common facilities or other
equipment and property located in or on either of the Units but used in common with the other
Party Wall Agreement
Page 6
Unit, if any, shall be owned as tenants in common in equal undivided one-half interests by the
Owners of each Unit and, except for any expense or liability caused through the negligence or
willful act of any Owner, his or her family, agent or invitee, which shall be borne solely by such
Owner, all expenses and liabilities concerned with such property shall be shared proportionately
with such Ownership. The Owner of the Unit on which such property is not located shall have a
perpetual easement in and to that part of such other Unit containing such property as is reasonably
necessary for purposes of maintenance, repair and inspection.
SECTION IX.
ALTERATION, MAINTENANCE AND REPAIRS
Subject at all times to the relevant provisions of the Master Declaration:
A. In addition to maintenance provided for, the Owners shall, at their own individual
expense with respect to each respective Unit, provide exterior maintenance and exterior repair
upon the Units and the unimproved portions of the Units including, but not limited to, the exterior
walls and the roof housing the Units. Repair and replacement or cleaning of exterior windows
shall be considered interior maintenance. If the need for repair or maintenance is caused through
the negligence or willful act of any Owner, such Owner shall bear the entire cost of such repair or
maintenance, even though the need for such repair or maintenance exists on the other Owner's
Unit.
B. In the event an Owner, at his or her own expense, fails to maintain, preserve, and
replace as needed, the trees, shrubs and grass (the plantings), landscaping or o ther outdoor items
within the property boundaries of his or her Unit commensurate with the standards set forth in the
Master Declaration, the other Owner may, after 30 days written notice to the Owner, if such failure
continues and if within that time the offending Owner has failed to make a good faith effort to
bring his or her plantings, landscaping or other outdoor items into substantial conformity with the
neighbors plantings, landscaping or other outdoor items, contract with responsible parties to bring
to standard the offending Owner's plantings, landscaping or other outdoor items and charge the
offending Owner therefor and such cost shall be added to and become a charge and lien to which
such Unit is subject. Each Owner grants to the other Owner, its agents and assigns, an irrevocable
easement to perform the above work.
C. Each Owner shall be solely responsible for maintenance and repair of the inside of
his or her Unit including fixtures and improvements and all utility lines and equipment located
there and serving such Unit only; window glass and frames shall be deemed interior maintenance.
In performing such maintenance and repair, or in improving or altering his or her Unit, no Owner
shall do any act or work which impairs the structural soundness of either Unit or the Party Wall or
which interferes with any easement granted or reserved in this Supplemental Declaration.
D. Utility or service connections or lines, facilities or other utility equipment and
property located in, on or upon either of the Units, which are used solely to supply a service or
utility to one Unit, shall be owned by the Owner of the Unit using such utility or service and all
expenses and liabilities for repair and maintenance shall be borne solely by the Owner of such
Unit, who shall have a perpetual easement in and to that part of such other Unit containing such
Party Wall Agreement
Page 7
property as is reasonably necessary for purposes of maintenance, repair and inspection. Such utility
or service connections or lines, facilities or other utility equipment which serve both Units shall
be the responsibility of the Owners of both Unit A and Unit B and expenses associated therewith
shall be borne as provided under Section X below.
E. No Owner shall make or suffer any structural or design change (including a color
scheme change), either permanent or temporary and of any type or nature whatsoever, upon any
part of his or her Unit without first obtaining the prior written consent of the other Owner. The
Units shall be painted in the same color scheme and at the same time, and both Units shall be
maintained in the same manner. In the case of damage or destruction of any Unit or any part thereof
by any cause whatsoever, the Owner of such Unit shall cause with due diligence the Unit to be
repaired and restored, applying the proceeds of insurance, if any, for that purpose. Such Unit shall
be restored to a condition comparable to that prior to the damage and in a harmonious manner to
promote the common theme of both Units.
SECTION X.
ALLOCATION OF EXPENSES
Costs and expenses of any common landscaping, service facilities, alteration, maintenance
and repairs, including, without limitation, expenses related to the Party Wall, except as caused by
the negligence or willful act of an Owner, shall be allocated in the following proportions:
Unit A 50%
Unit B 50%
SECTION XI.
MECHANIC'S LIENS: INDEMNIFICATION
A. Except for items incurred as a common expense as provided for in this
Supplemental Declaration, if any Owner shall cause any material to be furnished to his or her Unit
or any labor to be performed, the other Owner shall not under any circumstances be liable for the
payment of any expense incurred or for the value of any work done or material furnished; all such
work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely
responsible to contractors, laborers, materialmen and other persons furnishing labor or materials
to his or her Unit or any improvements; nothing shall authorize either Owner or any person dealing
through, with or under either Owner to charge the Unit of the other Owner with any mechanic's
lien or other lien or encumbrance whatever; and, on the contrary, the right and power to charge
any lien or encumbrance of any kind against one Owner or against one Owner's Unit for work done
or materials furnished to the other Owner's Unit is expressly denied.
B. Except as provided for below, if, because of any act or omission of any Owner, any
mechanic's or other lien or order for the payment of money shall be filed against the other Owner's
Unit or any improvements, or against any other Owner (whether or not such lien or order is valid
Party Wall Agreement
Page 8
or enforceable as such), the Owner whose act or omission forms the basis for such lien or order
shall at his or her own cost and expense cause the same to be canceled and discharged of record or
bonded by a surety company reasonably acceptable to such other Owner, within 20 days after the
date of filing, and further shall indemnify and save the other Owner harmless from and against any
and all costs, expenses, claims, losses or damages, including reasonable attorney's fees.
SECTION XII.
INSURANCE
A. Each Owner shall acquire and at all times maintain a policy of insurance which
shall insure its Unit and all fixtures against loss or damage by fire and extended coverage perils
(including vandalism and malicious mischief) for the maximum insurable replacement cost
thereof. If the Unit Owners collectively agree to do so, they shall jointly acquire and at all times
maintain a policy of insurance which shall insure both Units and all fixtures against loss or damage
by fire and extended coverage perils (including vandalism and malicious mischief) for the
maximum insurable replacement cost thereof. The cost of such joint insurance shall be borne by
each Owner in amounts mutually acceptable to the Owners at the time of acquisition of each such
policy of insurance and at each renewal thereof. In the event the Owners cannot agree on the
allocation of the cost of such insurance, the cost thereof shall be allocated as set forth in Section
X.
B. Each Owner shall provide and keep in force, for the Owner's protection, general
public liability and property damage insurance against claims for bodily injury or death or property
damage occurring in, on or upon, his or her Unit and any improvements, in a limit of not less than
$500,000 in respect of bodily injury or death to any number of persons arising out of one accident
or disaster, or for damage to property, and if higher limits shall at any time be customary to protect
against possible tort liability, such higher limits shall be carried and each Owner shall name the
other Owner as an additional insured party under such policy.
C. Each Owner shall deliver to the other Owner certificates evidencing all insurance
required to be carried under this paragraph, each containing agreements by the insurers not to
cancel or modify the policies without giving the other Owner written notice of at least 30 days.
Each Owner shall have the right, upon his or her reasonable request, to inspect and copy all such
insurance policies of the other Owner and require evidence of the payment of individual premiums.
SECTION XIII.
DESTRUCTION OF IMPROVEMENTS ON UNIT
A. In the event of damage or destruction to a Unit by fire or other disaster, the
insurance proceeds, if sufficient to reconstruct the Unit, shall be deposited into a bank account
which requires, for withdrawals, the signature of both the Owners, unless otherwise required by
the insurance carriers, in which event the requirements of the insurance carriers shall establish the
method of disbursement. The Owners shall then promptly authorize the necessary repair and
reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost.
"Repair and reconstruction" of the Units means restoring the improvements to substantially the
Party Wall Agreement
Page 9
same condition in which they existed prior to the damage with such Unit having the same
boundaries as before.
B. If the insurance proceeds are insufficient to repair and reconstruct any damaged
Unit, such damage or destruction shall be promptly repaired and reconstructed by the Owner using
the insurance proceeds and the proceeds of a special assessment against the Owners of the damaged
Unit. Any such assessments shall be equal to the amount by which the cost of reconstruction or
repair of the Unit exceeds the sum of the insurance proceeds allocable to such Unit. Such
assessments shall be due and payable not sooner than 30 days after written notice of the
assessments. The special assessment provided for in this agreement shall be a debt of each Owner
and a lien on his or her Unit and the improvements and may be enforced and collected by
foreclosure proceedings in the Courts.
C. Notwithstanding the above, the Owners and first mortgagees of any or all of the
destroyed or damaged Units may agree that the destroyed or damaged Units shall immediately be
demolished and all debris and rubble caused by such demolition be removed and the Unit(s)
regraded and landscaped. The cost of such landscaping and demolition work shall be paid for by
any and all insurance proceeds available. Any excess insurance proceeds shall then be disbursed
to such Owners and their first mortgagees jointly.
SECTION XIV.
RIGHT TO LIEN
A. If an Owner, at any time, shall neglect or refuse to perform or pay his or her share
of any obligation required under this Supplemental Declaration, the other Owner may, but shall
not be obligated to, after 15 days written notice unless the circumstances required immediate
action, make such payment or, on behalf of such other Owner, expend such sum as may be
necessary to perform such obligation including, but not limited to, the payment of any insurance
premiums required under this Supplemental Declaration or the undertaking of any work required
under this Supplemental Declaration for repair, restoration or maintenance, and such other Owner
shall have an easement in and to that part of such defaulting Owner's Unit as is reasonably
necessary for such repair, restoration or maintenance.
B. All sums so paid or expended by an Owner, with interest at the rate of 18 percent
per year from the date of such payment or expenditures, shall be payable by the Owner so failing
to perform (the "defaulting Owner") upon demand of the other Owner.
C. All sums so demanded but unpaid by the defaulting Owner shall constitute a lien
on the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and
encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first
mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the date
when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on
real property upon the recording of a notice or claim thereof executed by the non-defaulting Owner
setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner, and a
description of the Unit. In any such foreclosure or any other collection proceeding the defaulting
Party Wall Agreement
Page 10
Owner shall be required to pay the costs and expenses of such proceedings, including reasonable
attorney's fees, all of which costs shall be included in the lien as provided in this agreement.
D. The lien provided for in this Supplemental Declaration shall be subordinate to the
lien of any first mortgage or deed of trust, including all additional advances. Sale or transfer of any
Unit as the result of judicial foreclosure, mortgage foreclosure through the public trustee, or any
proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to payments
thereof which become due prior to such sale or transfer, but shall not relieve any former Owner of
personal liability. The mortgagee of such Unit who acquires title by way of foreclosure or the
taking of a deed in lieu of foreclosure shall not, however, be liable for future assessments on the
date it becomes the Owner of such Unit. No sale or transfer shall relieve such Unit from liability
for any assessments thereafter becoming due or from the lien thereof. In the event of the sale or
transfer of a Unit with respect to which sums shall be unpaid by a defaulting Owner, except
transfers to a first mortgagee in connection with a foreclosure of its lien or a deed in lieu thereof,
the purchaser or other transferee of an interest in such Unit shall be jointly and severally liable
with the seller or transferor for any such unpaid sums.
E. Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser
or other prospective transferee of a Unit, the Owner of the other Unit shall issue a written statement
setting forth the amount he or she is owed under this paragraph, if any, with respect to such Unit.
Such statement is binding upon the executing Owner in favor of any person who may rely thereon
in good faith. Unless a request for such statement shall be complied with within fifteen days after
receipt, all unpaid sums which became due prior to the date of making such request shall be
subordinated to the lien or other interest of the person requesting such statement.
SECTION XV.
ALL OWNERS RESPONSIBLE; MEDIATION
Both Unit Owners shall be mutually responsible for the administration and management of
the obligations created under this Supplemental Declaration. However, in the event both Owners
cannot mutually agree when a decision is required by this Supplemental Declaration, the Owners
shall attempt to resolve the impasse by first proceeding in good faith to submit the matter to
mediation. The Owners will jointly appoint an acceptable mediator and will share equally in the
cost of such mediation. In the event the entire dispute is not resolved within sixty (60) calendar
days from the date written notice requesting mediation is sent by one Owner to the other, the
mediation, unless otherwise agreed, shall terminate. In the event the mediation is terminated
without resolving the entire dispute, the Owners may then seek appropriate relief as provided in
Section XIX hereof.
SECTION XVI.
NOTICE
Each Owner shall register his or her mailing address with the other Owner and all notices
or demands intended to be served upon Owners shall be sent by certified mail, postage prepaid,
Party Wall Agreement
Page 11
addressed in the name of the Owner at such registered mailing address. In the alternative, notice
may be delivered, if in writing, personally to Owners.
SECTION XVII.
DURATION OF DECLARATION
Unless amended as herein provided, each provision contained in this Supplemental
Declaration shall continue and remain in full force and effect until 2051, and thereafter for
successive periods of 10 years each; unless during the calendar year of 2051 or at least 1 year prior
to the expiration of any such 10-year period of extended duration, this Supplemental Declaration
is terminated by recorded instrument, directing termination, signed by all Owners and all lienors
holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B.
SECTION XVIII.
AMENDMENT OR REVOCATION
This Supplemental Declaration may be amended or revoked only (a) by Declarant so long
as Declarant owns both Unit A and Unit B, or (b) upon unanimous written approval in recordable
form of all Owners and all lienors holding a first mortgage or first deed of trust of record on any
portion of Unit A or Unit B.
SECTION XIX.
ENFORCEMENT AND REMEDIES
A. In the event of any unresolved controversy or dispute arising in any way out of this
Supplemental Declaration, the Owners of the Units agree that such controversy or dispute shall be
submitted to final and binding arbitration in the State of Colorado according to the rules and
practices of the American Arbitration Association from time to time in effect. The prevailing
party in any such arbitration proceeding shall be entitled to recover its costs and expenses in
connection therewith, including reasonable attorney fees. Any award of such arbitration may be
confirmed by the Court in accordance with the provisions of the Uniform Arbitration Act of 1975,
C.R.S. 13-22-201, et seq., as amended. Notwithstanding the foregoing, either Owner, without
first proceeding to arbitration, may bring an action in the District Court of Garfield County,
Colorado, to foreclose any lien granted by the terms and conditions of this Supplemental
Declaration.
B. Failure to enforce any provision of this Supplemental Declaration shall not operate
as a waiver of any such provision, the right to enforce such provision thereafter, or of any other
provision hereof.
SECTION XX.
EXERCISE OF RIGHTS
Party Wall Agreement
Page 12
Any exercise of any rights granted under this Supplemental Declaration by one Owner with
respect to the other Owner's Unit, including but not limited to the use of any easement granted,
shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such
other Owner's use of his or her Unit.
SECTION XXI.
SUCCESSORS AND ASSIGNS
Except as may otherwise be provided herein, this Supplemental Declaration shall be
binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the heirs,
personal representatives, successors and assigns of each.
SECTION XXII.
SEVERABILITY
Invalidity or unenforceability of any provisions of this Supplemental Declaration in whole
or in part shall not affect the validity or enforceability of any other provision hereof.
SECTION XXIII.
CAPTIONS
The captions and headings in this instrument are for convenience only and shall not be
considered in construing any provisions of this Supplemental Declaration.
SECTION XXIV.
CONSTRUCTION
When necessary for proper construction, the masculine of any word used in this
Supplemental Declaration shall include the feminine or neuter gender, and the singular the plural,
and vice versa.
Party Wall Agreement
Page 13
In Witness Whereof, Declarant has executed this Declaration on ___________________,
2021.
DECLARANT
JODI PUDER REVOCABLE TRUST,
By:_____________________________________________
Jodi Puder, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF__________________ )
The foregoing document was acknowledged before me this _____ day of
____________________, 2021 by Jodi Puder as Trustee of the Jodi Puder Revocable Trust.
Witness my hand and official seal.
_____________________________________
NOTARY PUBLIC
My commission expires:
Address:
ASPEN | BUENA VISTA | GLENWOOD SPRINGS | LAMAR
Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
Chad J. Lee, Esq.
Telephone (970) 945-6546
clee@balcombgreen.com
April 5, 2022
Via Email:
Vince Hooper, Planner III
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
vhooper@garfield-county.com
Re: Application for Amended Plat – 175 Diamond A Ranch Road, LLC
Dear Vince:
Thank you for your letter regarding completeness review dated March 28, 2022 regarding the
above-referenced Application. We have the following responses to the five items set out in your letter:
1. The Garfield County Assessor records indicate that R830083 and R830122 have the same
ownership/address as what we initially submitted. We also contacted the Assessor’s office on
March 28th and they indicated the same ownership/address as our initial submittal. For your
reference, we attached the Assessor’s summary for each parcel that was pulled and printed on
April 5th;
2. Please find attached an executed Certification of Mineral Owner Research;
3. Updated Title Commitment;
4. Please see the additional plat note on the attached revised plat;
5. Please see the attached revised plat that now shows a scale and north arrow.
BALCOMB & GREEN, P.C.
By:
Chad J. Lee, Esq.
cc: Jodi Puder, Manager of 175 Diamond A Ranch Road, LLC.
Gørfield Counþ
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed ond submitted with øny opplication for o Land lJse Chonge Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. S 24-65.5-10L,etseq,
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 201-3 ("LUDC") Section 4-101(EX1Xb)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. 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 cert¡fies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. 5 24-65.5-10!, et seq, and Section 4-101 (EX1XbX4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the foltowing (Please initiøl on the blank line next to the statement thot øccurøtely reflects the result of
research):
-
I own the entire mineral estate relative to the subject property; or
Å Minerals are owned by the parties listed below
The names and addresses of any and all mineralowners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I eonic P Chuc and Neva M- Chuc 9663 Hishwav 82. Carhondale. CO 81623
The Estate of CeasarJ. Chuc
I acknowledge I reviewed C.R.S. S 24-65.5-10L, et seg, and I am in compliance with said statue and the
LUDC.
,z '2tø{¿P Mar 29,2022
Applicant's Signature Date
Signature:
Emait: jodi.puder@gmai[.com
4/5/22, 10:41 AM qPublic.net - Garfield County, CO - Property Record Card: R830083
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=882645273&KeyValue=R830083 1/2
Gar eld County, CO
View Map
SJN LLC
2402 GRAND AVENUE
GLENWOOD SPRINGS CO 81601
Assessed Year 2021 2020
Land Actual $80,000.00 $80,000.00
Improvement Actual $0.00 $0.00
Total Actual $80,000.00 $80,000.00
Assessed Year 2021 2020
Land Assessed $23,200.00 $23,200.00
Improvement Assessed $0.00 $0.00
Total Assessed $23,200.00 $23,200.00
Tax Year 2021 2020 2019 2018 2017
Taxes Billed $2,022.48 $1,924.16 $1,939.72 $2,768.96 $2,657.68
Click here to view the tax information for this parcel on the Gar eld County Treasurer's website.
Sale Date Deed Type Reception Number Book - Page Sale Price
9/3/2021 DECLARATION 962780 $0
11/2/2020 DECLARATION 944700 $0
5/31/2019 SPECIAL WARRANTY DEED 921148 $62,500
5/31/2019 STATEMENT OF AUTHORITY 921147 $0
5/31/2019 STATEMENT OF AUTHORITY 921146 $0
4/29/1996 WARRANTY DEED 492542 0976-0826 $240,000
11/7/1994 WARRANTY DEED 470710 0921-0661 $8,250,000
10/7/1994 LIS PENDENS 469407 0918-0408 $0
6/6/1994 Order Creating District 464122 0904-0724 $0
11/5/1992 RESOLUTION 440895 0846-0615 $0
6/29/1992 RESOLUTION 436262 0835-0305 $0
5/18/1990 BOUNDARY LINE ADJUSTMENT 412740 0779-0484 $0
1/8/1987 QUIT CLAIM DEED 377996 0703-0121 $0
Summary
Account R830083
Parcel 239320304039
Property
Address
176 E DIAMOND A RANCH RD, CARBONDALE, CO 81623
Legal
Description
Section: 20 Township: 7 Range: 88 Subdivision: ASPEN GLEN FLG 1
Lot: D-39 .509 ACRES
Acres 0.509
Land SqFt 0
Tax Area 83
Mill Levy 87.1760
Subdivision ASPEN GLEN FLG 1
Owner
Land
Unit Type VACANT RES LOTS - 0100 (VACANT LAND)
Square Feet 0
Actual Values
Assessed Values
Tax History
Transfers
4/5/22, 10:41 AM qPublic.net - Garfield County, CO - Property Record Card: R830083
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Version 2.3.183
The Gar eld County Assessor's Of ce makes every effort to produce the most accurate information possible. No warranties, expressed or
implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
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Last Data Upload: 4/5/2022, 12:10:59 AM
Developed by
4/5/22, 10:42 AM qPublic.net - Garfield County, CO - Property Record Card: R830122
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=2126476041&KeyValue=R830122 1/2
Gar eld County, CO
View Map
BILAVER, NEDILJKO
918 MISSION ROCK ROAD #C1
SANTA PAULA CA 93060
Assessed Year 2021 2020
Land Actual $90,000.00 $105,000.00
Improvement Actual $0.00 $0.00
Total Actual $90,000.00 $105,000.00
Assessed Year 2021 2020
Land Assessed $26,100.00 $30,450.00
Improvement Assessed $0.00 $0.00
Total Assessed $26,100.00 $30,450.00
Tax Year 2021 2020 2019 2018 2017
Taxes Billed $2,275.28 $2,525.48 $2,545.88 $2,768.96 $2,657.68
Click here to view the tax information for this parcel on the Gar eld County Treasurer's website.
Sale Date Deed Type Reception Number Book - Page Sale Price
2/10/2022 SPECIAL WARRANTY DEED 971067 $0
2/10/2022 SPECIAL WARRANTY DEED 970895 $0
9/3/2021 DECLARATION 962780 $0
7/7/2021 SPECIAL WARRANTY DEED 959461 $191,000
11/2/2020 DECLARATION 944700 $0
3/21/2019 SPECIAL WARRANTY DEED 918393 $58,000
2/15/2019 QUIT CLAIM DEED 917298 $0
8/22/2014 STATEMENT OF AUTHORITY 852864 $0
8/22/2014 WARRANTY DEED 852863 $85,000
5/20/2005 WARRANTY DEED 674756 1689-744 $130,000
4/6/1995 WARRANTY DEED 476392 0936-0656 $152,000
11/7/1994 WARRANTY DEED 470710 0921-0661 $8,250,000
10/7/1994 LIS PENDENS 469407 0918-0408 $0
6/6/1994 COURT DECREE 464122 0904-0724 $0
Summary
Account R830122
Parcel 239320301033
Property
Address
15 FOX PROWL LN, CARBONDALE, CO 81623
Legal
Description
Section: 20 Township: 7 Range: 88 Subdivision: ASPEN GLEN FLG 1
Lot: E-33 .533 ACRES
Acres 0.532
Land SqFt 0
Tax Area 83
Mill Levy 87.1760
Subdivision ASPEN GLEN FLG 1
Owner
Land
Unit Type VACANT RES LOTS - 0100 (VACANT LAND)
Square Feet 0
Actual Values
Assessed Values
Tax History
Transfers
4/5/22, 10:42 AM qPublic.net - Garfield County, CO - Property Record Card: R830122
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=2126476041&KeyValue=R830122 2/2
11/5/1992 RESOLUTION 440895 0846-0615 $0
6/29/1992 RESOLUTION 436262 0835-0305 $0
5/18/1990 BOUNDARY LINE ADJUSTMENT 412740 0779-0484 $0
1/8/1987 QUIT CLAIM DEED 377996 0703-0121 $0
Click here to view Property Related Public Documents
No data available for the following modules: Buildings, Sketches.
Property Related Public Documents
Photos
Version 2.3.183
The Gar eld County Assessor's Of ce makes every effort to produce the most accurate information possible. No warranties, expressed or
implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
User Privacy Policy
GDPR Privacy Notice
Last Data Upload: 4/5/2022, 12:10:59 AM
Developed by
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63018638 Date: 04/05/2022
Property Address:175 DIAMOND A RANCH ROAD, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Agent for Seller
BALCOMB & GREEN
Attention: BRITT CHOATE
PO DRAWER 790
818 COLORADO AVE
GLENWOOD SPRINGS, CO 81602
(970) 945-6546 (Work)
(970) 945-9769 (Work Fax)
brittc@balcombgreen.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63018638 Date: 04/05/2022
Property Address:175 DIAMOND A RANCH ROAD, CARBONDALE, CO 81623
Parties:A BUYER TO BE DETERMINED
175 DIAMOND A RANCH ROAD, LLC, A COLORADO LIMITED LIABILITY
COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 08/30/2021 under reception no.
962295
Garfield county recorded 05/22/2007 under reception no.
723823
Plat Map(s):
Garfield county recorded 04/06/1995 under reception no.
476330
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
175 DIAMOND A RANCH ROAD, CARBONDALE, CO 81623
1. Effective Date:
03/18/2022 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
175 DIAMOND A RANCH ROAD, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT D-44
ASPEN GLEN
FILING NO. 1
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018638
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63018638
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. DEED OF TRUST DATED AUGUST 25, 2021, FROM 175 DIAMOND A RANCH ROAD, LLC, A COLORADO
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR THE
USE OF FIRSTBANK TO SECURE THE SUM OF $1,970,000.00 RECORDED AUGUST 30, 2021, UNDER
RECEPTION NO. 962296.
DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 30,
2021, UNDER RECEPTION NO. 962297.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED APRIL 11, 1892 IN BOOK 12 AT PAGE 133, AND RECORDED
JANUARY 11, 1893 IN BOOK 12 AT PAGE 250.
10. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF
EVERY KIND AND NATURE AS RESERVED BY LEONIS P. CHUC IN WARRANTY DEED RECORDED
DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN LICENSE AGREEMENT
RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 636.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018638
12. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT
AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:] ]A. RESOLUTION #92-056 RECORDED JUNE 29,
1992 IN BOOK 835 AT PAGE 305 AND AMENDED IN RESOLUTION #97-38 RECORDED APRIL 16, 1997 IN
BOOK 1015 AT PAGE 617.] ]B. RESOLUTION #93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT
PAGE 824.] ]C. RESOLUTION #94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620.] ]D.
RESOLUTION #94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.] ]E. RESOLUTION #94-
139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.] ]F. RESOLUTION #95-004 RECORDED
JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.] ]G. RESOLUTION #96-06 RECORDED FEBRUARY 09, 1996
IN BOOK 966 AT PAGE 682.] ]H. RESOLUTION #96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT
PAGE 686.] ]I. RESOLUTION #96-26 RECORDED MAY 09, 1996 IN BOOK 977 AT PAGE 399.] ]J.
RESOLUTION #98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757.
13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED
AUGUST 19, 1994 IN BOOK 912 AT PAGE 970.
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN OUT OF DISTRICT SEWER
SERVICE AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973.
15. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST
SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH
SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH
SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH
SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293,
ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE
877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT
PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT
PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION MAY 08, 2003 IN BOOK 1467 AT PAGE 910,
AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1643 AT
PAGE 795 AND AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ASPEN GLEN RECORDED MARCH 23, 2007 IN BOOK 1905 AT PAGE 523, AND FIRST AMENDMENT
RECORDED NOVEMBER 5, 2020 UNDER RECEPTION NO. 944700, AND SECOND AMENDMENT
RECORDED SEPTEMBER 8, 2021 UNDER RECEPTION NO. 962780.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018638
16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF
WAY AS CONTAINED IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND
OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND
VAULT AGREEMENT RECORDED DECEMBER 1, 1995 IN BOOK 959 AT PAGE 968.
18. TERMS, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAMING CERTAIN STREETS WITHIN
ASPEN GLEN P.U.D. RECORDED MARCH 13, 2007 AT RECEPTION NO. 718915.
19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF ASPEN GLEN PLANNED UNIT DEVELOPMENT RECORDED APRIL 06, 1995, UNDER RECEPTION NO.
476330.
20. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK
936 AT PAGE 458.
21. TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT RECORDED APRIL 28, 2000
UNDER RECEPTION NO. 562702.
22. TERMS, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED MARCH 23, 2007 UNDER RECEPTION
NO. 719513.
23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2014-80
RECORDED DECEMBER 15, 2014 AS RECEPTION NO. 857186.
24. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PC-2017-
01 RECORDED AUGUST 16, 2017 AS RECEPTION NO. 896187.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018638
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The 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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)