HomeMy WebLinkAbout1.00 General Application MaterialsNarrative describing the request and related information
This request is to allow the lot split of the property located at 65 Upland Lane,
Carbondale, CO 81623 for Duplex development in accordance with the proposed
documents.
D-30(A) Ross Neil Ross 18 Upland Unit A Carbondale, CO 81623-9116
D-30(B) Ross Neil Ross 18 Upland Unit A Carbondale, CO 81623-9116
D-31 Grenier Kevin & Jessica Grenier 48 Upland Lane Carbondale, CO 81623
D-32A Patrick Gary & Patricia Patrick 537 Market St., Suite 300 Chattanooga, TN 37402
D-32B DC Booth LLC Booth David & Charmaine Booth 66 Upland Lane Carbondale, CO 81623
D-33A Louise Anne Nesheim Living Trust Nesheim Raymond and Louise Nesheim 19412 W. 102nd St. Lenexa, KS 66220-8311
D-33B Berry Susan Berry 4 Virginia Circle SW Rome, GA 30161
D-34 Kharkhal Nataliam Kharkhal 21050 NE 38TH Ave., Apt 1804 Aventura, FL 33180
D-35 Kruse & Forristall Timothy Kruse & Tracy Forristall 180 Seeburg Circle Carbondale, CO 81623
D-36 Aspen Glen Upland, LLC Puder Aspen Glen Upland, LLC Jodi Puder PO Box 6095 Snowmass Village, CO 81615
D-37 Unit A Carnish Thomas & Carol Carnish 12 Seeburg Circle Carbondale CO 81623
D-37 Unit B Polson Doug & Cheryl Polson 210 Diamond A Ranch Road Carbondale, CO 81623-8860
D-38A Kruse & Farristall Timothy Kruse & Tracy Farristall 180 A Seeburg Circle Carbondale, CO 81623
D-38B Casey Nancy & Mike Casey 3433 E. Meadowbrook Avenue Phoenix, AZ 85018
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Owner
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
Commitment Number:7003724-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below
Seller's Name(s):2101 Elk Lane, LLC, a Colorado limited liability company
Property:65 Upland Lane, Carbondale, CO 81623
Unit D-34, Aspen Glen Filing 1, Garfield County, Colorado
There are item(s) which may require Special Attention
Items needing attention: Requirement 6 and construction loan requirements
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at item 4 below
Natallia Kharkhal
2101 Elk Lane, LLC, a Colorado limited liability company
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.
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range coverage. Closing services
are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com
Page 1 of 1 September 22, 2025
9:48 AM
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
Commitment Ordered By:
Owner
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
Commitment Number:7003724-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):2101 Elk Lane, LLC, a Colorado limited liability company
Property:65 Upland Lane, Carbondale, CO 81623
Unit D-34, Aspen Glen Filing 1, Garfield County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$300.00
$300.00
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range
coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Chicago Title Insurance Company
SCHEDULE A
There are item(s) which may require Special Attention
Items needing attention: Requirement 6 and construction loan requirements
Reference:Commitment Number: 7003724-C
1.Effective Date: September 12, 2025, 7:00 am Issue Date: September 22, 2025
2.Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner
identified at item 4 below
3.The estate or interest in the Land at the Commitment Date is Fee Simple.
4.The Title is, at the Commitment Date, vested in:
2101 Elk Lane, LLC, a Colorado limited liability company
5.The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R830078 / 239320404034
Countersigned
Title Company of the Rockies, LLC
This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; 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 2021 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.
By:
Staci Stamps
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Lot D-34,
ASPEN GLEN FILING 1, according to the Plat thereof recorded April 06, 1995 as Reception No. 476330.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under
this commitment until it receives a specific designation of a Proposed Insured, and has revised this
commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the
Company may amend this commitment to add, among other things, additional exceptions or
requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Chicago Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred
to in this Commitment who will obtain an interest in the Land or who will make a loan on the
Land. The Company may then make additional Requirements or Exceptions.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, must be properly authorized, executed, delivered, and recorded in the Public
Records.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5.
assessments levied by the Homeowners Association have been paid through the date of closing.
A satisfactory Land Survey Plat, Improvement Survey Plat or ALTA Land Title Survey must be6.
furnished to the company. Exception will be taken to any and all adverse matters disclosed
thereby.
Release by the Public Trustee of Garfield County of the Deed of Trust from 2101 Elk Lane LLC,7.
a Colorado limited liability company for the use of Youland Inc., a California Corporation, to
secure $1,023,304.00, dated February 25, 2025, and recorded February 28, 2025 as Reception
No. 1004637 and re-recorded September 17, 2025 as Reception No. 1011056.
Deed from 2101 Elk Lane, LLC, a Colorado limited liability company to Purchaser with8.
contractual rights under a purchaser agreement with the vested owner identified at item 4 below.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
NOTE: Statement of Authority for 2101 Elk Lane LLC, a Colorado limited liability company,
recorded February 28, 2025 as Reception No. 1004636, discloses that the names and addresses of
the manager(s) or member(s) authorized to act on behalf of the limited liability company are as
follows:
Natallia F. Kharkhal, Manager
The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that:
(A) The enclosed form of Indemnity I agreement and final affidavit and agreement is
properly executed and acknowledged by the party(ies) indicated and returned to the
Company or its duly authorized agent,
In addition, if the Owner's Policy is post construction within the statutory lien period,
(B) The Company or its duly authorized agent receives a certificate of occupancy issued
by the appropriate authority,
(C) Evidence satisfactory to the company or its duly authorized agent that the contractor
and all subcontractors have been paid in full for all labor and materials provided therefor,
and
(D) Applicable scheduled charges in the amount of $TBD.00 are paid to the company or
its duly authorized agent.
NOTE: All coverages contemplated herein are subject to review and approval by Chicago.
NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT
WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO,
PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS
SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO
AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED
AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK
AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS
DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS,
ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED
IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable
by law. This Commitment and the Policy treat any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed,
and not republished or recirculated. Only the remaining provisions of the document will be
excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1.Rights or claims of parties in possession not shown by the Public Records.
2.Easements or claims of easements not shown in the Public Records.
3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the land would disclose, and which are not shown by the
public record.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof.
7.Any water rights or claims or title to water, in or under the land, whether or not shown by the
public records.
8.Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or
sewer service, or for any other special taxing district. Note: Upon verification of payment of all
taxes the above exception will be amended to read, “Taxes and assessments for the current year,
and subsequent years, a lien not yet due and payable.”
Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the9.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
same be found to penetrate or intersect the premises hereby granted, as reserved in United States
Patents recorded July 25, 1894, in Book 12 at Page 330 as Reception No. 17520 and July 25,
1894 in Book 12 at Page 332 as Reception No. 17522.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in10.
United States Patents recorded July 25, 1894, in Book 12 at Page 330 as Reception No. 17520
and July 25, 1894 in Book 12 at Page 332 as Reception No. 17522.
Matters related to the mineral estate as disclosed by Warranty Deed recorded December 26, 195811.
in Book 314 at Page 160 as Reception No. 203858, and any and all assignments of record, or
otherwise, thereof, or interest therein.
Matters related to the mineral estate as disclosed by Warranty Deed recorded September 26, 196112.
in Book 336 at Page 570 as Reception No. 215212, and any and all assignments of record, or
otherwise, thereof, or interest therein.
Terms, agreements, provisions, conditions and obligations as contained in Easements, recorded13.
February 10, 1985 in Book 931 at Page 354 as Reception No. 474356, in Book 931 at Page 374
as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358, in Book 931 at
Page 412 as Reception No. 474359, and in Book 931 at Page 432 as Reception No. 474360.
Terms, agreements, provisions, conditions and obligations as contained in Board of County14.
Commissioners of Garfield County Resolutions concerning the Aspen Glen Planned Unit
Development and other matters, set forth as follows:
A. Resolution No. 92-056 recorded June 29, 1992, in Book 835 at Page 305 as Reception No.
436262, Amended by Resolution No. 97-38 recorded April 16, 1997 in Book 1015 at Page 617 as
Reception No. 507054.
B. Resolution No. 93-121 recorded December 28, 1993, in Book 887 at Page 824 as Reception
No. 457154.
C. Resolution No. 94-008 recorded February 2, 1994, in Book 891 at Page 620 as Reception No.
458796.
D. Resolution No. 94-089 recorded August 9, 1994, in Book 911 at Page 791 as Reception
No.466955.
E. Resolution No. 94-139 recorded December 13, 1994, in Book 925 at Page 345 as Reception No.
472058.
F. Resolution No. 95-004 recorded January 17, 1995, in Book 929 at Page 64 as Reception
No.473462.
G. Resolution No. 96-06 recorded February 9, 1996, in Book 966 at Page 682 as Reception No.
488797.
H. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No.
492765.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
I. Resolution No. 96-07 recorded February 9, 1996, in Book 966 at Page 686
as Reception No. 488798.
Terms, agreements, provisions, conditions and obligations as contained in License Agreement,15.
recorded April 2, 1992, in Book 827 at Page 636 as Reception No. 433216.
Terms, agreements, provisions, conditions and obligations as contained in Development16.
Agreement recorded June 29, 1992 in Book 835 at Page 364 as Reception No. 436263.
Terms, agreements, provisions, conditions and obligations as contained in Agreements between17.
Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen
Sanitation District, recorded August 19, 1994, in Book 912 at Page 970 as Reception No.
467450, and recorded August 19, 1994, in Book 912 at Page 973 as Reception No. 467451.
Terms, agreements, provisions, conditions and obligations as contained in Declaration of Golf18.
Facilities Development, Construction and Operational Easement, recorded April 6, 1995, in Book
936 at Page 314 as Reception No. 476327.
Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master19.
Declaration recorded April 6, 1995, in Book 936 at Page 350 as Reception No. 476328, First
Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No.
510976, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page
850 as Reception No. 516966, Third Supplemental Declaration recorded February 10, 1996 in
Book 1053 at Page 8 as Reception No. 520203, Fourth Supplemental Declaration recorded
February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental
Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth
Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No.
525647, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943
as Reception No. 531005, Eighth Supplemental Declaration recorded October 26, 1998 in Book
1094 at Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17,
1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Supplemental Declaration
recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh
Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception
No. 552597, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at
Page 755 as Reception No. 556668, Thirteenth Supplemental Declaration recorded July 17, 2000
in Book 1197 at Page 740 as Reception No. 566379, Fourteenth Supplemental Declaration
recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952, First Amendment to
the Master Declaration recorded October 30, 2003 in Book 1533 at Page 735 as Reception No.
639707, Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page
891 as Reception No. 665692, Amended Declaration of Covenants, Conditions and Restrictions
for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512,
First Amendment to the Amended Declaration, recorded November 5, 2020 as Reception No.
944700,
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7003724-C
and Second Amendment to the Amended Declaration recorded September 8, 2021 as Reception
No. 913165.
Terms, agreements, provisions, conditions and obligations as contained in Subdivider ’s20.
Agreement recorded April 06, 1995 in Book 936 at Page 444 as Reception No. 476329.
Easements, rights of way and all other matters as shown on the Plat of Aspen Glen Planned Unit21.
Development recorded April 06, 1995 as Reception No. 476330.
Terms, agreements, provisions, conditions, obligations and restrictions as contained in Easements22.
Deed recorded April 06, 1995 in Book 936 at Page 458 as Reception No. 476331, as amended by
instrument recorded November 07, 2002 in Book 1404 at Page 604 as Reception No. 614239.
Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit and23.
Vault Agreement recorded December 01, 1995, in Book 959 at Page 958 as Reception No.
485953.
Terms, agreements, provisions, conditions and obligations as contained in Special Warranty Deed24.
and Grant of Easement recorded December 31, 1996, in Book 1005 at Page 228 as Reception No.
503024.
Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Land25.
Lease Agreement recorded August 25, 2023 as Reception No. 988962.
Terms, agreements, provisions, conditions and obligations as contained in Resolution No.26.
2024-21 recorded July 1, 2024 as Reception No. 997487.
Encroachment of Ditch over Northwesterly corner of property as disclosed on Improvement27.
Location Certificate by Jeffrey Allen Tuttle, LS #33638, dated July 14, 2021.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of
either the insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
Commitment No: 7003724-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting
from the transaction which was closed.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which includes a1.
condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2.
the Land described in Schedule A of this Commitment within the past 13 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3.
and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or Information4.
as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii)
County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from the(iii)
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property, and
(b)That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such
Page 11
Commitment No: 7003724-C
purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1.
fiduciary capacity.
The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2.
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a)
or
If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b)
180 days from the scheduled date of closing, after which the title entity shall return said funds to the
payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3.
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b)
costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c)
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party.”
Page 12
Commitment No: 7003724-C
DISCLOSURE STATEMENT
· Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the
subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds
submitted for disbursement must be available for immediate withdrawal.
· Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the
proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance
commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the
closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and
filing of legal documents resulting from the transaction which was closed". Provided that Title Company of the Rockies, LLC conducts the closing of
the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in
the Owner's Title Policy and Lender's Title Policy when issued.
· Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be
notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the
satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said
coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the
commitment.
· Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice
to the consumer: “A closing protection letter is available to be issued to lenders, buyers and sellers ”
· If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions
of C.R.S. 39-22-604.5 (Nonresident Withholding).
· Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented
for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee.
· Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require 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 a document that does not conform to requirements of this paragraph.
· Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as
the property address) be included on the face of the deed to be recorded.
· Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front
page of every document being recorded.
· Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information:
Page 13
Commitment No: 7003724-C
o The subject property may be located in a special taxing district.
o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County
Treasurer's authorized agent.
o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder or the County Assessor.
· Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed
from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a
mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that
a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate
may include the right to enter and use the property without the surface owner's permission.
Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's
Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from
those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than
the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the
Company or the Insured as the exclusive remedy of the parties.
Page 14
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
CHICAGO 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, Chicago
Title Insurance Company, a Florida 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 Amount of Insurance and the name of
the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates
and the Company’s liability and obligation end.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment
is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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.
COMMITMENT CONDITIONS
DEFINITIONS1.
a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law
because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion,
sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class.
b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real
property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest,
estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not
modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one
evidenced by electronic means authorized by law.
e.“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.
f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of
each Policy to be issued pursuant to this Commitment.
g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to
this Commitment.
h.“Public Records ”: The recording or filing system established under State statutes in effect at the Commitment Date under
which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for
value without Knowledge. The term “Public Records ” does not include any other recording or filing system, including any
pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public
safety, or national security matters.
i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term
“State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue
Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
a.the Notice;
b.the Commitment to Issue Policy;
c.the Commitment Conditions;
d.Schedule A;
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago 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.
72C170B ALTA Commitment for Title Insurance (7-1-21)
Copyright 2021 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.
e.Schedule B, Part I —Requirements; and
f.Schedule B, Part II—Exceptions; and
g.a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the
Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment.
5.LIMITATIONS OF LIABILITY
a.The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the
interval between the Company ’s delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured’s good faith reliance to:
i.comply with the Schedule B, Part I—Requirements;
ii.eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii.acquire the Title or create the Mortgage covered by this Commitment.
b.The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had
Knowledge of the matter and did not notify the Company about it in writing.
c.The Company is only liable 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.
d.The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in good faith and
described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e.The Company is not liable for the content of the Transaction Identification Data, if any.
f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part
I—Requirements have been met to the satisfaction of the Company.
g.The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF
FORUM
a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b.Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms
and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the
Company must be filed only in a State or federal court having jurisdiction.
c.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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago 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.
72C170B ALTA Commitment for Title Insurance (7-1-21)
Copyright 2021 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.
d.The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide
coverage beyond the terms and provisions of this Commitment or the Policy.
e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under
the Policy.
7.IF THIS COMMITMENT IS 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 closing, settlement, escrow, or any other purpose.
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.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured.
Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR
OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR
ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS
COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS
MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS
COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be
arbitrated at the election 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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago 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.
72C170B ALTA Commitment for Title Insurance (7-1-21)
Copyright 2021 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.
Anti-Fraud Statement
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.
This anti-fraud statement is affixed to and made a part of this policy.
S
S
S
S
SS
SS
SS
SS
SS
W
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EX
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7
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6
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°
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LOT D33A
PER RECEPTION NO.
806748
LOT D35
LOT D34B
12590 SQ. FT.±
0.289 ACRES±
LOT D38B
PER RECEPTION NO.
893465
GOLF COURSE PARCEL 7
LOT D38A
PER RECEPTION NO.
893465
LOT D34A
11,339 SQ. FT.±
0.260 ACRES±
UPLAND
PLATTED BUCKLAND
PER RECEPTION NO. 47330
27' R.O.W.
ASPHALT
BUILDING ENVELOPE
PER RECEPTION NO.
476330
(TYP.)
11.5
7.5
7.5
7.5
11.5' UTILITY
EASEMENT PER
RECEPTION NO.
476330
LOT D34
23,929 SQ. FT.±
0.549 ACRES±
15' UTILITY,
DRAINAGE, AND
UTILITY PURPOSES
EASEMENT, 7.5' ON
EITHER SIDE OF SIDE
AND REAR LOT LINES,
PER RECEPTION NO.
476330 (TYP.)
1
3
.
9
6.5
4
7
.
9
7.0
1
5
.
2
12.0
2
.
0
20.8
2
.
0
14.0
2
5
.
0
4.0
1
8
.
3
30.4
1
3
.
1
17.8
8
.
9
25.0
1
2
.
5
2.0
1
0
.
4
2.0
2
.
5
10.5
2
7
.
5
6.2
1.7
6.5 1.7
5.5
2
.
0
9.4
2
.
0
11.3 1.3
15.8
5
.
0
8.9 1.0
15.1
1.0
8.7 1.0
4.1
S
3
5
°
2
1
'
3
5
"
E
3
7
.
9
9
'
N 54°09'43" E
8.00'
S
3
4
°
2
0
'
1
7
"
E
1
9
.
8
9
'
86.9
3
'
82.5
0
'
116.
9
0
'
24.0
0
'
7.5
7.5
CONCRETE
DRIVE PER
PLANS
SEE NOTE 10
STEM WALLS AS
LOCATED 5/10/24
(TYP.)
22.0
42.0
24.1
21.0
12.5
25' DRAINAGE EASEMENT,
12.5' ON EITHER SIDE, PER
RECEPTION NO. 476330
S
3
3
°
2
5
'
1
0
"
E
15' DRAINAGE AND
IRRIGATION
EASEMENT PER
RECEPTION NO. 476330
FOUND NO. 5 REBAR &
1.25" YELLOW PLASTIC
CAP, L.S. NO. 15710
FOUND
NO. 5
REBAR
FOUND NO. 5 REBAR
& 1.25" YELLOW
PLASTIC CAP, L.S.
NO. ILLEGIBLE
FOUND
SPIKE
FOUND NO. 5 REBAR &
1.25" YELLOW PLASTIC
CAP, L.S. NO. 15710
OSWCO
WINDOW WELL WALL
AS LOCATED 5/10/24
(TYP.)
65 UPLAND
UNDER CONSTRUCTION
63 UPLAND
UNDER CONSTRUCTION
INGRESS, EGRESS &
UTILITY EASEMENT
CREATED BY THIS
PLAT. SEE NOTE 8
MONUMENT TO BE SET
(TYP.)
N
2
7
°
4
3
'
3
9
"
W
8
1
.
0
8
'
UTILITIES SHOWN PER
PLAN TO DEMONSTRATE
COVERAGE INSIDE
EASEMENT CREATED BY
THIS PLAT
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
ByNO.Date Project NO.RevisionDrawn By:
Checked By:
Date:
Computer File:
Drake Consulting, Inc.
Land Surveying
PO Box 709, Rifle, CO 81650
Phone 970-987-1389
DrakeConsultingInc.com
22051
1 OF 1
NATALLIA KHARKHAL
63 AND 65 UPLAND, CARBONDALE, CO
AMENDED FINAL PLAT OF LOT D34
ASPEN GLEN, FILING 1
ARK
TJK
APRIL 11, 2025
051.DWG
A 04/30/2025 HOA COMMENTS DATED 4/23/25 ARK
B 09/04/2025 INGRESS, EGRESS, UTILITY EASEMENT ARK
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO, AT ________________ O’CLOCK _____, ON THIS ____ DAY OF ________________, 20_____, AND IS DULY
RECORDED AS RECEPTION NO.________________
_______________________________________
CLERK AND RECORDER
BY____________________________________
DEPUTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY, AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING,
PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ.
DATED THIS _____ DAY OF___________ , A.D., 20____.
__________________________________________
GARFIELD COUNTY SURVEYOR
COUNTY COMMISSIONER'S CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED [EXEMPTION] PLAT THIS ______ DAY OF _____________, A.D., 20_____,
FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON,
SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON
LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY
COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR
MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.
__________________________________________
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST:________________________________________________
COUNTY CLERK
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED NATALLIA KHARKHAL, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS
FOLLOWS: LOT D34, ASPEN GLEN FILING 1, RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330, CONTAINING 0.549 ACRES, MORE OR LESS, HAS CAUSED THE DESCRIBED
REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS FINAL PLAT UNDER THE NAME AND STYLE OF
AMENDED FINAL PLAT OF LOT D34, ASPEN GLEN FILING 1, A SUBDIVISION IN THE COUNTY OF GARFIELD PREPARED PURSUANT TO SECTION 3.20 OF THE DECLARATION
AND C.R.S. § 38-333-213. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE
OF THE PUBLIC FOREVER, AND HEREBY DEDICATES TO THE HOMEOWNER'S ASSOCIATION OF ASPEN GLEN THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE
LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION
AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING
TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE
UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER,
NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS____DAY OF________________, A.D., 2025.
______________________________________________________________________________________
NATALLIA KHARKHAL
21050 NE 38TH AVENUE APT 1804
AVENTURA, FL 33180
STATE OF ______________ )
: SS
COUNTY OF ______________ )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS_________DAY OF ____ A.D., 20____, BY NATALLIA KHARKHAL.
MY COMMISSION EXPIRES: ________________.
WITNESS MY HAND AND OFFICIAL SEAL.
(SEAL) _________________________________________________________________
NOTARY PUBLIC
TITLE CERTIFICATE
I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO
HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN
____________________________________ FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS,
EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS:
DATED THIS _________ DAY OF _______________, A.D., 20_____.
TITLE COMPANY:
_______________________________________________
_______________________________________________
AGENT
OR
_________________________________________________
ATTORNEY
COLORADO ATTORNEY REGISTRATION NO. ________
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND
PAYABLE AS OF__________________________, UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID
IN FULL.
DATED THIS _________________DAY OF________________, A.D., 20____.
________________________________________________________
TREASURER OF GARFIELD COUNTY
LIENHOLDER CONSENT AND SUBORDINATION
THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE
OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN
AMENDED PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE AMENDED PLAT
AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID AMENDED PLAT AND TO THE
RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID AMENDED PLAT AS
STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S)
HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN
AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE
GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE.
EXECUTED THIS _____DAY OF_______________, A.D. 20_____.
BY_______________________________________________
STATE OF ________________)
: SS
COUNTY OF ______________)
THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED
BEFORE ME THIS___DAY OF _______________, A.D., 20_____, BY
_________________________________________
MY COMMISSION EXPIRES:_______________
WITNESS MY HAND AND OFFICIAL SEAL.
SEAL ___________________________
NOTARY PUBLIC
SURVEYORS CERTIFICATE
I, TRAVIS J KAISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS
OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF AMENDED FINAL PLAT
OF LOT D34, ASPEN GLEN FILING 1 AS LAID OUT AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN
ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION
AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON
THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ____ DAY OF __________, A.D., 2025.
BY:___________________________________
TRAVIS J KAISER, L.S. NO. 38294
FOR AND ON BEHALF OF DRAKE CONSULTING, INC.
AMENDED FINAL PLAT OF LOT D34
A RESUBDIVISION OF LOT D34, ASPEN GLEN FILING 1 AS RECORDED APRIL 6, 1995 AT RECEPTION NO. 476330
SECTION 20, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
NO
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VICINITY MAP
SCALE 1" = 2,000'
Subject
Property
NOTES:
1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, SETBACKS AND EASEMENTS OF
RECORD, OR IN PLACE. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE
EXCEPTIONS TO TITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY DRAKE
CONSULTING, INC.
2) THE DATE OF THIS SURVEY WAS MAY 10, 2024 AND MAY 10, 2025.
3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N54°10'00"E BETWEEN THE NORTHEAST CORNER OF LOT
D34 , A NO. 5 REBAR & 1.25" YELLOW PLASTIC CAP, L.S. NO 15710, FOUND IN PLACE AND THE SOUTHEASTERLY
ANGLE POINT OF LOT D34, A NO. 5 REBAR & 1.25" YELLOW PLASTIC CAP, L.S. NO. 15710, FOUND IN PLACE. BEARINGS
ARE BASED ON ASPEN GLEN FILING NO. 1 AS RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330.
4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
5) THIS SURVEY IS BASED ON THE ASPEN GLEN FILING NO. 1 FINAL PLAT RECORDED APRIL 6, 1995 AS RECEPTION NO.
476330 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE.
6) THE PURPOSE OF THIS SURVEY IS TO CREATE TWO SEPARATE PARCELS ALONG THE COMMON WALL OF THE
DUPLEX UNIT AND TO CREATE AN ACCESS EASEMENT SUBJECT TO THE PARTY WALL AGREEMENT.
7) THIS PROPERTY IS SUBJECT TO A PARTY WALL AGREEMENT RECORDED IN THE OFFICE OF THE GARFIELD COUNTY
CLERK AND RECORDER ON THE ________ DAY OF _________________, _________ AS RECEPTION NO.
______________________.
8) TERMS AND CONDITIONS OF THE INGRESS, EGRESS AND UTILITY EASEMENT DEPICTED HEREON ARE SET FORTH
IN THE PARTY WALL AGREEMENT.
9) ALL CORNERS, FOUND OR SET, UNLESS NOTED ARE FLUSH WITH THE GROUND.
10) THIS PROPERTY WAS UNDER CONSTRUCTION AT THE TIME OF SURVEY.
11) IMPROVEMENTS ARE SHOWN PER KURTZ & ASSOCIATES, INC. CONSTRUCTION SET PLANS DATED 06/08/2022, JEFF
JOHNSON ARCHITECTURAL PC CONSTRUCTION PLANS DATED 04-12-22, AND TUTTLE SURVEYING SERVICES 65
UPLAND IMPROVEMENT LOCATION CERTIFICATE DATED 07/14/2021. NOT ALL IMPROVEMENTS HAVE BEEN SHOWN
DUE TO ONGOING CONSTRUCTION.
12) LOT D34 IS LOCATED WITHIN THE ASPEN GLEN PUD DUPLEX ZONE DISTRICT.
020 20 40 8010
NO
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LEGEND
BOUNDARY LINE
BOUNDARY ADJOINER
EASEMENT LINE
BUILDING ENVELOPE
TELE. PEDESTAL
ELEC. TRANSFORMER CONCRETE
CABLE PEDESTAL
CLEAN OUT
WATER SHUTOFF
SYMBOL HATCHING
LINE
ACCESS
EASEMENT TBD
PRELIMINARY
FOR REVIEW
09/04/2025
OSW
CO
PRELIMINARY
FOR REVIEW
09/04/2025
LAND USE SUMMARY
LOT D34A 11,339 SQ. FT.±
LOT D34B 12,590 SQ. FT.±
LOT D34 TOTAL 23,929 SQ. FT.±
HOME OWNERS ASSOCIATION CERTIFICATE
THE ASSOCIATION DOES HEREBY STATE, DECLARE, AND CERTIFY THAT:
1. PER SECTION 11.5 OF CONDOMINIUM DECLARATION FOR ____________________ RECORDED _______________________ AS
RECEPTION NO. ____________________ THIS MAP WAS VOTED ON AND RECEIVED APPROVAL OF OWNERS HOLDING AT
LEAST 67% OF THE ELIGIBLE ASSOCIATION VOTE AND 51% OF ELIGIBLE MORTGAGE HOLDERS AND HAVE AUTHORIZED
THE PRESIDENT OF THE __________________________ CONDOMINIUM OWNERS ASSOCIATION, INC. TO CERTIFY THIS
CONDOMINIUM MAP;
2. THE PROPERTY SHOWN HEREON SHALL BE SUBJECT TO THE DECLARATION, THE MAP, AND ALL NOTES SHOWN
HEREON;
3. SAID OWNERS HAVE BY THESE PRESENTS LAID OUT, PLATTED, CREATED AND SUBDIVIDED THE SAME AND ALL
IMPROVEMENTS THEREON AND AS SHOWN ON THIS AMENDED FINAL PLAT OF LOT D34 CONSISTING OF TWO
RESIDENTIAL UNITS AND APPURTENANT COMMON ELEMENTS, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE
CONDOMINIUM DECLARATION FOR ____________________ RECORDED _______________________ AS RECEPTION NO.
____________________. (AS AMENDED AND SUPPLEMENTED, FROM TIME TO TIME, THE DECLARATION).
OWNERS ASSOCIATION
______________________________________________________________________________________
PRESIDENT
STATE OF ______________ )
: SS
COUNTY OF ______________ )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_________DAY OF ____ A.D., 20____, BY
_______________________________, PRESIDENT.
MY COMMISSION EXPIRES: ________________.
WITNESS MY HAND AND OFFICIAL SEAL.
(SEAL) _________________________________________________________________
NOTARY PUBLIC
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfieldcountyco.gov
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239320404034 DATE: March 3, 2025; Update: August 5, 2025
PROJECT: Kharkhal Amended Final Plat
OWNERS: Natallia Kharkhal
PRACTICAL LOCATION: 65 Upland Lane, Glenwood Springs, CO
TYPE OF APPLICATION: Administrative Review
ZONING: Duplex Residential Zone District of Aspen Glen PUD
COMPREHENSIVE PLAN: Residential Medium High
I. GENERAL PROJECT DESCRIPTION
Update: Applicant must finalize plat with easements before finalizing driveway design and installation.
The applicant owns parcel 239320404034. Proposes to amend the final plat by splitting the lot down the shared
wall to create 2 duplex lots.
The parcel is accessed by Upland Lane in Aspen Glen Subdivision. The parcel was created by subdivision
exemption in 1992 by Resolution 92-056 recorded at Reception No. 436262. The parcel is approximately .549
acres. A duplex foundation is currently located on the lot with separate utilities for each residence mapped out.
The proposed lot split doesn’t line up to the road access so an easement through the western parcel will be
needed for the eastern parcel to have access to the road. Property currently has a mortgage, and applicant will
be working with the lienholder to get a lienholder certificate signed on the final plat.
Applicant should work with the Aspen Glenn HOA on fulfilling any requirements for the duplex split found in the
CC&R’s. Addressing for the duplex will be 63 Upland for the western parcel and 65 Upland for the eastern
parcel. There is an active building permit since a foundation has been built. The Aspen Glen PUD allows for
duplex lots to do Amended Final Plat process through the County.
The process of an Amended Final Plat is demonstrated in the flow chart below. The application will need 3
physical copies and 1 digital copy for submittal including at least 1 full size copy of the proposed site plan. Staff
will conduct a completeness review to make sure all required submittals are included. Once an application is
deemed complete, referrals requests are sent out. Staff will send you a technical completeness letter with public
notice instructions. Both the letter and public notice will include the Director’s Decision date. Staff produces a
staff report reflecting their review and comments from different referral agencies. A Director’s Decision letter will
2
be produced, and a staff report packet sent to the applicant. The BOCC will be also notified when the decision is
made, and there is a 10-day call-up period when an applicant can appeal the decision to the board.
Applicants must complete all documents for the application to proceed. A full list of submittal requirements is
listed below, including a flow chart of the review process. Reach out to staff for any questions. A copy of the
Land Use and Development Code (LUDC) can be found here: https://www.garfield-county.com/community-
development/land-use-code/
II. COMPREHENSIVE PLAN
The comprehensive plan identifies the area as Residential Medium High.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
• Garfield County Comprehensive Plan 2030 as amended.
• Garfield County Land Use and Development Code as amended.
o Section 5-305 Amended Final Plat Review and Review Criteria
o Table 5-103 Common Review Procedures and Required Notice
o Table 5-401 Submittal Requirements
o Section 5-402 Description of Submittal Requirements including Final Plat
o Section 4-103 Administrative Review and Section 4-1-1 Common Review Procedures
o Provisions of Article 7, Articles 1, 2, 3 and 4, including site planning and subdivision standards.
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of application. Table 5-401
outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.
Submit three paper copies and one digital of all application materials. Additional copies will be requested upon
determination of completeness. See the land use code for additional information on submittal requirements.
General Application Materials
o Signed Application Form
o Title Commitment
o Signed Payment Agreement Form (see attached) and application fees.
o Proof of ownership (copy of deed, title work) and information on any lien holders.
o A narrative describing the request and related information.
o Names and mailing addresses of properties within 200 feet of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and
Recorders database and/or Assessor database, memo attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a person to
encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to represent is needed.
o A copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
The Proposed Amended Final Plat according to 5-402.F, including easements.
All required certificates (signature blocks) shall be included on the plat.
If there are improvements on the property, improvement location information/survey information shall
be provided to confirm that no non-conforming conditions will result from the amended plat.
3
An Improvements Agreement or waiver should be included with the request.
The Application should include a statement that the amendment will not result in any changes to
drainage, access, utility services, and any other applicable Subdivision and Article 7 topics.
Amended Final Plat should comply with access and utilities service on both parcels.
Community Development Staff is available to meet with the Applicant to provide additional information and
clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS
The Application may be “Called-Up” for review by the Director and the Board of County Commissioners. In
addition, the Applicant and any affected Adjacent Property Owner can request a Call-Up for review by the Board
in accordance with the procedures and review process contained in Section 4-112.
Staff will review the application for completeness prior to requesting referral agencies to provide additional
technical review. Staff will prepare a report based on received comments and their review of the application.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
4
Board of County Commissioners
Board of Adjustment
Referral Agencies may include but are not limited to: Garfield County Surveyor, Garfield County Attorney’s Office,
Garfield County Assessor’s Office, Garfield County Road & Bridge
VI. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $ N/A
Total Deposit: $100 (additional hours are billed at hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not
be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period,
after which an update should be requested. The Applicant is advised that the Application submittal once
accepted by the County becomes public information and will be available (including electronically) for review by
the public. Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
August 5, 2025
Heather MacDonald, Planner I Date