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Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary ❑ Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary 0 Final ❑ Time Extension DIVISIONS OF LAND APPLICATION FORM ❑ Preliminary Plan Amendment j," Final Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption _ ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: Mc ijp C r Mc_ .felt -5-6)."/ IC VOC ne: (` /3 ) /107 't ti 3 Mailing Address: 7 8 vE G� EAJ City: 1 -1+912RcyMDig G� State: CO Zip Code: 8/613 13 E-mail: -t 4rya C.f,EA a/46y i4,I f COM Representative (Authorization Required) Name: u C (J Phone: (�) 1,16' - 5-7/f6 Com-, State: CO Zip Code: Mailing Address: City: 311�# Zr"- / E-mail: PROJECT NAME AND LOCATION Project Name: /97c. //4/2M ' C ' ^ "244c - Assessor's Parcel Number: j3 9 3 1 5 J C'/ D 1 / - Physical/Street Address: 7E3 Ri 'Ei &/E/i C4 cw ,9 ( co 81623 Legal Description: E C-77QA.f / wpi5Y,iF, 'y 1 6.- es 5- G/Ees, CL(8, V'I/ s'u.y° r LOT 1/ Zone District: sp&y 6 .Ai 644 114 s' Property Size (acres): S rira‘s FLS Project Description Existing Use: ' s/D&&e C- $ , J -p5f/tf. Proposed Use (From Use Table 3-403): 3M, '7 Description of Project: 7E7WC HED 6-191Z4‘ 6 Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements „' The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read t - stat ments above and have provided the required attached information which is correct a - cur- . to the best of my knowledge. Signature of Property Owner OFFICIAL USE ONLY 94/y Date File Number: _ _ _ _ _ _ _ _ Fee Paid: $ BEAR CREEK CONSTRUCTION September 12, 2019 Attn: Claire Dalby Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone (970) 945-8212 Re: 78 River Glen/Lot 11 F5 in Aspen Glen Project Narrative Tim McNearney and Lisa McPherson wish to build a Detached Garage on their property at 78 River Glen in the Aspen Glen Subdivision. The house currently has only (2) garage parking spaces. The garage would allow them to keep their 3rd vehicle enclosed instead of in the driveway exposed to the elements. The request for a Building Envelope modification is necessary due to the constraints of the existing auto court. The garage is approximately 14' wide by 18' long and is placed in the north west corner of the auto court. Architecturally, the garage is designed and detailed with the same elements of the house with matching stone, siding and roofing. The garage has been reviewed and approved by the Aspen Glen DRC and has the approval of the neighboring property owners. The garage is located in compliance with all known setback requirements. The design team includes Bear Creek Construction, Kaup Engineering and Kumar Associates. Construction of the garage will not result in any change to the existing drainage, access, or utility services. A Site Plan and Preliminary Design drawings are attached for your consideration. Bruce Upton Project Manager Bear Creek Construction P.O. Box 2324 320 Roaring Fork Ct. Basalt, CO 81621 Cell: (970)-948-5716 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-191-04-011 PRE -APP DATE: 8/29/2019 PROJECT: Aspen Glen Filing 5 Lot 11 Amended Final Plat OWNER: McNearney McPherson Revocable Trust REPRESENTATIVE: Bruce Upton PRACTICAL LOCATION: 78 Riverglenn Carbondale, CO 81623 ZONING: Planned Unit Development (PUD) COMPREHENSIVE PLAN: Residential Medium High (2 to <4 acres per dwelling unit) I. GENERAL PROJECT DESCRIPTION The applicant is requesting to amend the building envelope on Lot 11 of Filing 5 within the Aspen Glen Subdivision in order to accommodate the addition of a detached garage within the building envelope. The lot is 0.508 acres in size. The proposal has been reviewed by the Aspen Glen Design Review Committee who has indicated their approval of the request. No changes to the existing access or utilities are proposed as a result of the amended plat. In addition, no noncomforming conditions have been noted which would result from the lot line modification. II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 5-305 — Amended Final Plat Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable 1 III. ADMINISTRATIVE REVIEW PROCESS The review process shall follow a modified version of the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached modified flow chart). IV. SUBMITTAL REQUIREMENTS — KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: • General Application Materials o Completed application form (attached) o Completed payment agreement form (attached) o Trust Certification Letter from an attorney certifying that the attorney reviewed the trust, the date the trust was created, which state it was created in, current trustees and that the trust is still in effect. o Proof of Ownership (title work and deed) and information on any lien holders for both parcels o Names and mailing addresses of property owners within 200 ft. of the property (attached) o Mineral rights ownership including mailing address (see attached form and memo). o A narrative describing the request and related information. • Copy of the pre -application summary • A Vicinity Map within approximately 3 miles • Because no public improvements are required for this project, a written waiver request from submittal of an Improvements Agreement should be requested (request on 2nd page of application form). • The Proposed Plat showing the existing and proposed lots lines and any other changes affecting the lots. All easements need to be shown on the plat. All required certificates need to be included on the plat. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the plat amendment. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • Approval letter from Aspen Glen Design Review Committee • The request should be consistent with all applicable provisions of Article 7 in the LUDC. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access or utility services. • Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. 2 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director Decision with notice _ Planning Commission Board of County Commissioners Board of Adjustment VI. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 100.00 $ TBD — consulting engineer/civil engineer fees $ 100.00 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE -APPLICATION SUMMARY PREPARED BY: Clpl.Eillbd. Claire Dalby, Planner August 29, 2019 3 Approximately 2 months if submittal is complete re. Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice • Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision • Call-up Period - within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. 4 SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreement Form ear,n V h/1C.1� i¥ tL Yew " GARFIELD COUNTY (hereinafter COUNTY) and tliylc ku kitic2r/Jv ig Property Owner (hereinafter OWNER) agree as follows: S� t, Yv c ,'v us -i -tee OWNER has submitted to COUNTY an application for- aeiri i ` iv (hereinafter, THE PR ECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) 1 hereby agree to pay all fees related to this application. rPt 0441 Print Name Mailing Address: E -Mail Addre Phone N� Signature ar[erk C��u�c, cJ 1-e CCD rrnruCAi2iK[ry CJC— L L .Ccsr� /! - /9 Date Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239319100396 239319104001 239319104002 239319104009 239319104010 239319104011 239319106001 239319106002 239319106003 239319106004 239319106005 239320200390 239320200951 239320300385 ROW 545 BALD EAGLE WAY CARBONDALE 93 RIVER GLEN RD CARBONDALE Not available CARBONDALE 134 RIVER GLEN RD CARBONDALE 96 RIVER GLEN DR CARBONDALE 78 RIVERGLEN CARBONDALE 54 RIVER GLEN RD CARBONDALE 52 RIVER GLEN RD CARBONDALE 50 RIVER GLEN RD CARBONDALE 48 RIVER GLEN RD CARBONDALE Not available CARBONDALE Not available CARBONDALE Not available CARBONDALE Not available CARBONDALE Not available null ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY DEPARTMENT 203 HILGERT, CHRISTOPHER CRANDALL & NICHOLE VEL FRASER FAMILY 2008 REVOCABLE TRUST KWITOWSKI, ANDY SCOFIELD, JOE D & ELIZABETH E MCNEARNEY MCPHERSON REVOCABLE TRUST KARREN, MARGARET TEKCE, SIBEL BIG FAMILY PROPERTIES LTD POLLACK, NOAH EAGLES NEST AT ASPEN GLEN TRCT B HOMEOWN ASPEN GLEN GOLF COMPANY BUREAU OF LAND MANAGEMENT ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY R005684 PO BOX 790830 SAN ANTONIO, TX 78279 R820128 734 CAMELOT LANE HOUSTON, TX 77024 8820129 2069 BOUNDARY DRIVE SANTA BARBARA, CA 93108-2251 R820136 134 RIVER GLEN ROAD CARBONDALE, CO 81623 R820137 96 RIVER GLEN DRIVE CARBONDALE, CO 81623 R820138 78 RIVERGLEN CARBONDALE, CO 81623 R820174 54 RIVER GLEN CARBONDALE, CO 81623- 8897 R820175 52 RIVER GLEN ROAD CARBONDALE, CO 81623 R820176 8820177 PO BOX 331272 NASHVILLE, TN 37203 12030 SUNRISE VALLEY DRIVE SUITE 450 RESTON, VA 20191 R820178 106 S MILL STREET, SUITE 202 ASPEN, CO 81611 R820126 PO BOX 21307 HILTON HEAD, SC 29925-1307 R082660 2300 RIVER FRONTAGE RD SILT, CO 81652 R830192 PO BOX 790830 SAN ANTONIO, TX 78279 Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 rLUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or /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 ef- { s • Chu,. gto4o3 .... 9z. ECao I cj ['c CO I acknowledge I reviewed G.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. ilid/Ze/ Date September 11, 2019 Clare Dalby Community Development Department Garfield County, Colorado 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 RE: Authorization of Representative Dear Ms Dalby, Please consider this our authorization to have Bruce Upton act as our representative for our current construction project at 78 River Glen, Carbondale, CO. 81623. For your reference this is Tax Parcel Number 2393-191-04-011. We apprec;;1' r help, Timothy A cNearney Certification of Trust The McNearney-McPherson Revocable Trust The undersigned hereby declares the following to be true and correct: 1. The McNearney-McPherson Revocable Trust is currently in existence and was executed on June 15, 2017. 2. The settlors are Timothy McNearney and Lisa McPherson. 3. The trust is revocable and may be revoked by the settlors. 4. The McNearney-McPherson Revocable Trust is an Arizona trust, made in that state, and is governed, construed and administered according to its law. 5. The names of the currently acting trustees are Timothy McNearney and Lisa McPherson. 6. The powers of the Trustees include the power to acquire, sell, assign, convey, pledge, encumber, lease, borrow, manage and deal with all real and personal property interests held in the name of the trust. 7. The trust does have multiple trustees. The signature of one of the trustees is required to exercise the powers of the trust. 8. Title to trust assets should be taken in the following fashion: Timothy McNearney and Lisa McPherson, or their successors in trust, Trustees of The McNearney-McPherson Revocable Trust dated June 15, 2017, and any amendments thereto. For titling purposes, any description referring to the trust is effective if it includes the name of the trust, the name of at least one trustee, and any reference indicating property is being held by the trustee in a fiduciary capacity. 9. The undersigned declares that he has reviewed the trust, the trust has not been revoked, modified, or amended in any manner which would cause the representations contained in this certification to be incorrect, and the trust is still in effect. Dated: September 11, 2019 Frank 0. Hendrick III, Esq. Georgia Bar # 346268 Hendrick, Rascoe, Zitron & Long, LLC 3290 Northside Parkway, Suite 925 Atlanta, GA 30327 404-237-7879 bheindrick@hrrlaw.com The McNearney-McPherson Revocable Trust Certification of Trust Page 1 STATE OF GEORGIA ) ss. COUNTY OF FULTON On this day, September 11, 2019, before me personally appeared attorney Frank O. Hendrick III, personally known to me to be the individual whose name is subscribed to the foregoing Certification of Trust, and acknowledged that he executed the same as his voluntary act and deed for the purposes therein contained. Witness my hand and official seal. [Seal] osifilin %••*HEND'f, ttlardf.4, /0 -•' C'3 0 0 COuN `l Pay!`rLr Hendrick, Notary Public My commission expires: October 4, 2020 The McNearney-McPherson Revocable Trust Certification of Trust Page 2 897679 09126/2017 04:04:11 PM Page 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Above this line reserved for official use only After recording return to: TIMOTHY MCNEARNEY and LISA MCPHERSON 7051 East Eagle Point Drive Tucson, AZ 85750-0711 SPECIAL WARRANTY DEED Dated: September 21, 2017 For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations,) or we, TIMOTHY A. MCNEARNEY & LISA MCPHERSON, husband & wife whose address is 7051 East Eagle Point Drive, Tucson, AZ 85750-0711 the GRANTOR, does hereby convey to TIMOTHY MCNEARNEY and LISA MCPHERSON, Trustees of the MCNEARNEY-MCPHERSON REVOCABLE TRUST, dated June 15, 2017 whose address is 7051 East Eagle Point Drive, Tucson, AZ 85750-0711 the GRANTEE, all right, title and interest in the following described property situated in Garfield County, Colorado: SEE EXHIBIT "A" ATTACHE© HERETO AND INCORPORATED HEREIN FOR LEGAL DESCRIPTION (Names and Address of Grantee Trust Beneficiaries attached) SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations, and liabilities as may appear of record. Previous document for this property being that certain Warranty Deed dated June 25, 2014 and recorded June 30, 2014 in Instrument No. 850804, records of Garfield County, Colorado. And the GRANTOR binds itself and its successors to warrant the title as against its acts and none other, subjec e matters set forth above. Granto TIMOTHY A. MCNEARNEY Special Warranty Deed 1 Mc LISA MCPHERSON Order UPER 15006757-4358 (Notary Public) Additional Signer(s): TIMOTHY A. MCNEARNEY 897679 09/26/2017 04:04:11 PM Page 2 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded STATE OF 63/0raw County of Cdr- •G(04 - Grantor's Notary Acknowledgment (TIMOTHY A. MCNEARNEY) ) ) ss. This notary acknowledgment is attached to a SPECIAL WARRANTY DEED dated September 21, 2017, having 1 page before execution (not including attachments, acknowledgements or exhibits) was not acknowledged before me, the undersigned Notary Public this rcci day of S'eptekri ' 20 11, by TIMOTHY A. MCNEARNEY. My commission expires: Li l )1 y f r) ao_ ANNETTE FOSTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 420184027198 My Commission apices es July 18, 2020 STATE OF eio 16 rack). Q County of QC4k1 dt.- Grantor's Notary Acknowledgment (LISA MCPHERSON) ) ss. } Additional Signer(s): LISA MCPHERSON This notary acknowledgment is attached to a SPECIAL WARRANTY DEED dated September 21, 2017, having 1 page before execution (not including attachments, acknowledgements or exhibits) was acknowledged before me, the undersigned Notary Public this end day of, her - 2011 , er2011, by LISA MCPHERSON. My commission expires; ANNETTE FOSTER NOTARY PUBLIC STATE OF COLORADO NOTARY IL) ;420164027198 My Commission ExpTes July 18, 2020 2 Special Warranty Deed Order ##PER 15006757-435B 897679 09126/2017 04:04:11 PM Page 3 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded GRANTEE TRUST DISCLOSURE MCNEARNEY-MCPHERSON REVOCABLE TRUST, dated June 15, 2017 TO WHOM IT MAY CONCERN: September 21, 2017 Please be advised that MCNEARNEY-MCPHERSON REVOCABLE TRUST, dated June 15, 2017 has not been revoked and is still in full force and effect. Further, be advised that said Trust Agreement has not been further amended. The Beneficiaries of said Trust Agreement are as follows: BENEFICIARY: TIMOTHY MCNEARNEY ADDRESS: 7051 East Eagle Point Drive, Tucson, AZ 85750-0711 BENEFICIARY: LISA MCPHERSON ADDRESS: 7051 East Eagle Point Drive, Tucson, AZ 85750-0711 BENEFICIARY: Address; BENEFICIARY: Address: MCNEARNEY-MCPHERSON REVOCABLE TRUST, dated June 15, 2017 By; By: TI IITHY MCNEARNEY, its Tr stee nr_ nr)C4)kD�l� LISA MCPHERSON, MCPHERSON, its Trustee 3 Special Warranty Deed Order #PER 15006757-435B 897679 09/26/2017 04:04:11 PM Page 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Exhibit "A" Legal Description Lot 11, of ASPEN GLEN, FILING NO. 5, according to the plat of record in the office of the County Clerk & Recorder of Garfield County, Colorado, recorded May 20, 1998 as Reception No. 525497. Assessor's Parcel Number: 239319104011 Commonly Known as: 78 River Glen, Carbondale, CO 81623 4 Special Warranty Deed Order PER 15006757-4358 stewart title Real partners. Real possibilities " Date: September 9, 2019 File Number: 529370 Property Address: 78 Riverglen, Carbondale, CO 81623 Buyer/Borrower: TBD TBD Stewart Title Company 97 Main St, Ste W-201 Edwards, CO 81632 TBD TBD Delivery Method: Emailed Timothy McNearney and Lisa McPherson, Trustees of the McNearney-McPherson Revocable Trust, dated June 15, 2017 Delivery Method: Emailed Bear Creek Construction PO Box 2324 Basalt, CO 81621 Attn: Bruce Upton Phone: (970) 948-5716 Fax: E -Mail: bruce.bearcreek@comcast.net Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 1 - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Authorized Countersignature Stewart Title Company 97 Main St, Ste W-201 Edwards, CO 81632 Matt Morris President and CEO Denise C . rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 Il - Exceptions; and a countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 AMERICAN LAND TITLE ASSOCIATION COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "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. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "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. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "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. (g) "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. (h) "Title": The estate or interest described in 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; (e) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature 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 shall not be 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 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. (c) 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. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 Il - Exceptions; and a countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 AMERICAN LAND TITLE ASSOCIATION (d) 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. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) 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. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (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 and must be restricted solely to the terms and provisions of this Commitment. (c) 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. (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 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>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 Il - Exceptions; and a countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Stewart Title Company Issuing Office: 97 Main St, Ste W-201, Edwards, CO 81632 Issuing Office's ALTA® Registry ID: Loan ID Number: Commitment Number: 529370 Issuing Office File Number: 529370 Property Address: 78 Riverglen, Carbondale, CO 81623 Revision Number: 1. Commitment Date: August 16, 2019 at 8:OOAM 2. Policy to be issued: Proposed Policy Amount (a) ALTA Owner's Proposed Insured: TBD TBD (b) ALTA Loan Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: Timothy McNearney and Lisa McPherson, Trustees of the McNearney-McPherson Revocable Trust, dated June 15, 2017 5. The Land is described as follows: See Exhibit "A" Attached Hereto This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 8 AMERICAN LAND TITLE AbSOC1ATION ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 529370 Lot 11, ASPEN GLEN, FILING NO. 5 according to the plat thereof recorded May 20, 1998 as Reception No. 525497. COUNTY OF GARFIELD, STATE OF COLORADO. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 8 AMERICAN LAND TITLE AbSOC1AIION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 529370 Requirements 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. 5. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 6. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 7. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 8. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 9. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 10. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 11. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warranty, or otherwise insure any conditions, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involviing the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this paid for this product. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 8 AMERICAN LAND TITLE AbSOC1ATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 8 AMERICAN LAND TITLE AbSOC1AIION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 529370 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. 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. 5. 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. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522 . This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 8 AMERICAN LAND TITLE AbSOC1ATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 11. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356 , in Book 931 at Page 374 as Reception No. 474357 , in Book 931 at Page 393 as Reception No. 474358 , in Book 931 at Page 412 as Reception No. 474359 and in Book 931 at Page 432 as Reception No. 474360 . 12. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows: A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262 . B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154 . C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796 . D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955 . E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058 . F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462 . G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765 . H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797 . 1. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798 . J. Resolution No. 2006-79 recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257 . 13. Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Book 835 at Page 364 as Reception No. 436263 . 14. Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August 19, 1994 in Book 912 at Page 973 as Reception No. 467451 . 15. All matters shown on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330 . 16. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328 , First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976 , Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966 , Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203 , 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, This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 8 AMERICAN LAND TITLE AbSOC1ATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 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 and 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 and Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No. 665692 Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512 . 17. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327 . 18. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as Reception No. 503024. 19. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Reception No. 719513 . 20. Special Warranty Deed and Easement to Aspen Glen Water & Sanitation District recorded December 31, 1996 in Book 1005 at Page 228 as Reception No. 503024. 21. All matters shown on the Amended Plat of Golf Clubhouse Parcel and Golf Course Parcel 5 recorded April 23, 1997 in Book 1016 at Page 459 as Reception No. 507379. 22. Landscaping Easement recorded February 13, 1998 in Book 1053 at Page 712 as Reception No. 520410. 23. Transfer of Declarant Rights recorded February 19, 1998 as Reception No. 520554. 24. Subdivision Improvements Agreement recorded May 20, 1998 in Book 1068 at Page 693 as Reception No. 525493. 25. All matters shown on the plat of Amended Plat of Aspen Glen Filing No. 5 recorded May 20, 1998 in Book 1068 at Page 704 as Reception No. 525497. 26. Transfer of Declarant Rights recorded December 21, 2004 in Book 1649 at Page 912 as Reception No. 665696. 27. Any questions, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alternation through accretion, reliction, erosion or avulsion of the center thread, bank channel or flow of waters in the Roaring Fork River lying within subject land and any questions as to the location of such center thread, bed, bank, or channel as a legal description monument or marker for purposes of describing or locating subject lands.//(a) All right, title or claim or any character by the United States, state, local government or by the public generally in and to any portion of the land lying within the current or former bed, or below This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 7 of 8 AMERICAN LAND TITLE AbSOC1ATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY the ordinary high water mark, or between the cut banks of a stream navigable in fact or in law.//(b) Right of riparian water rights owners to the use and flow of the water.// (c) The consequence of any past or future change in the location of the bed. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 8 of 8 AMERICAN LAND TITLE AbSOC1AIION ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 529370 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: Title Commitment Fee $300.00 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 R Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. AMERICAN LAND TITLE 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. File No.: 529370 ALTA Commitment For Title Insurance 8-1-16 ASSOCIATION DISCLOSURES File No.: 529370 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you request insurance -related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 529370 Revised 11-19-2013 ASPEN tGLEN Homeowners Association at Aspen Glen, Inc. August 29, 2019 Ms. Tricia Parish Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 via email Re: Referral for the Proposed Amended Plat for Lot RG -11 / 78 River Glen at Aspen Glen Dear Tricia, This letter is to confirm that the Aspen Glen Design Review Committee (DRC) reviewed the proposed plat amendment to adjust the building envelope on lot RG -11, to accommodate the addition of a detached garage within an adjusted building envelope. The DRC reviewed the plat amendment at their August 21st, 2019 regular meeting. The DRC noticed property owners within the vicinity of the property and there were no objections. The DRC recommends approval to the Garfield County Board of County Commissioners with the condition that a copy of the recorded amended plat is provided to the Aspen Glen DRC. Reference: Lot RG -11 Improvement Survey Plat dated 8/28/19. If you have any questions, please do not hesitate to contact me. Sincerely, Deborah Prince, Administrator Aspen Glen Design Review Committee Cc: DRC Bruce Upton, Builder Tim McNearney & Lisa McPherson, Lot Owners 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: dprince@aspenglenhoa.com 1 3 3 1 6, Qs s_%#) Cb Cb CI) -15 5ZY 1st 0) C j "Nt 0 1 1 2 MCO II� e R � Q., a fz- cc, c) ,z, Q. 0 b 44, ( 164 O •,6q,4.1DSa, SD plint1174IQW pU rtt z Q I 1 1 -71 ir �a 11 tSootil'os-<%. J#gyp,$ pug ceino 0 446. (k Date 1 cure CURVE TABLE 41. >4 cr3 ST --a r-- rh C) iil '641 i:: r Eii • t3%Q ti o 4 o 0 v a II +t 0 t / tt '..t... / (;f 44 / 14 sb 44 N 4,4 44 rW S DIE10110 teN PI 103 S" 9, 44,4,0c, IL 9SIN 1 1 lits ding Envelope 1904 1 • Ul 114 114 570 3 CO CL - 5 n ro - 5 ro Bear Creek Construction 141.31 1.5re4 t,„„ - m zi c%) (r cf C4) c! %4 Lf),*4 ,**4) Nk Date DRC Meeting 06.26.2019 DRC Meeting 07.10.2019 DRC Meeting 08.7.2019 - m zi c%) (r cf C4) c! %4 Lf),*4 ,**4) Nk suolvona13 'su'old 2. nv Pao -5 aro -0 Q -3 1-13 (-) 3 0 J -m II D J p oz O O ui a rn c 1 �111t111t11It111t111111ltllltl11t1111111}lllt111tl11tllltllltl11tl11tl11t111 1tl1 l 0 0 co 0 )11111111411111111111114111111111111141111It11111114111111111111141111111 -19k f \\JI J r \�J 17'-5q 6" e6DJo}S ol}}y \ Date DRC Meeting 06.26.2019 DRC Meeting 07.10.2019 DRC Meeting 08.7.2019 0 I� 0 Ornamental Gate OR. N N A Bear Creek Construction CO 0 N N 0 a Existing Residence a 1 0) =< II D 6_9 O N 0) 0 c 2 m r m _< II D p oz 0 Id cD 0 18'-0" Roof Overhang aauap!say ,Q°8:80 30 30 °00. doo}S a}QJOUO3 0 N N N 0 Co NIS AV 0 0 O co0 to Roof Overhang 17'-4� 6" 0 O o � a — ••< O A •S o O O N N 1> o 0 - a O U O • S N 2 7- 0 7 C 10 N N N 6uoIJOAO }ooa nog 0 z• zia cm n m w Date DRC Meeting 06.26.2019 DRC Meeting 07.10.2019 DRC Meeting 08.7.2019 1> o 0 - a O U O • S N 2 7- 0 7 C 10 N N N 6uoIJOAO }ooa nog 0 z• zia cm n m w ti.6 go `m0.`m0. zat SA R � 1 1 BEL4 cizi c. BEL2 co C NI BUILDING ENVELOPE LINE TABLE 4.50' N 0 LENGTH coo030 N 2344'4" W S 6656'48" W S 2257'56" E Ll BEARING O •A NI ID 0- Q CCP �. co Co co Q Q QCb Q cD aapaooa) .28 )/-1.913 whereof, l have set my hand and seal this ____ day of_ C3 N n CURVE V 0 O rn -A r ti LENGTH 9) 000�c C� 46.88 65.79 r DISTANCE N Co bl N20O9'30"E N40 00'26 "E N49 09'10 "E BEARING v rn 2372'44" 4'55'16" 0 P O o cQD Q o Q h Q (13- coQ o ;c~ o C) 0-- ° Q p0<D 0 .004 1 D. Q I Q 1 °' 0 n RQ o I Q 1 Q o Q coo 0 0 co O Q G) n Q �, 0 Q I— O 0 �Qco"130m co -3 Z1o� 0, •0,�� n�O •Q ° 0 ill Q Q O Q <D co Z O c Q 4 O O n y tQ rQ 0 1.Stco 0 ° �o 4--t- QyQc(.1. Q Q � OQQ Oo co .'I ti, m Z.. -4o aQZ°`.T�co `o, O1 QO�oQ N c co � N -0 o Q l 4- c o� ° Q cDaQr- ID -r10 0 O N 0 O co co 0L Q00 Q J Q Q 10 ,co ° co 0 N tQ Q Q a co ..(-Ni 0 co • & . Q Z 0 tQ O .a/0O1,1.1/a9,9 s aapaooad puo *10/3 Jo/anans X/ uno,9 p/a1Jao,9 a/0O1j1/a9,9 s .ioXan.inS North c-3cn o )pa/,9 Xl uno3 County Surveyors Certificate: Witness my hand and seal of the County of Garfield. I I cooCD ° • o o c) p� 0Q•Oa� 00 r �" �j i Q oo•amQ00o�c -S-1.-70 o -0 Q Q� 3m10a o 0,1 cD (o o a �o co, N or �''�St- cQQ1°(1St° 23 0 -G'•� n'�•O Q Qn o o oO�,o�o 4 0`� Q- N Q Q p• O Q O O' Q ' ° c) 0P0oc oo�cu�c � Cr- 0 O. QQ000Q� ccn Q (13 0 Cb goo ° 0n� O �3 0Q0c�Q. Q , o' n�ccj Q 3 X00• 0I-63 n QQ r 0 0 o•Q� oo•o��o " CD cb Q0 o Q 00O J o Q Q - O co CD O'cDQ O O ^� o X/ uno,9 p/a1Jao,9 10 aa.insoaal '6102 ''O'V 0Q� n cD 2- Cbo Q0 O0 cD0 Cb 1J Co a ° 0 0 0 co cD Q Co Q plod saxol JO 0) D.9.1,1.1,7_190 County Commissioners Certificate I I I „Dj •p, / \ • \0-j �� ° ��,,, �Z a‘‘ 1. Q&N Cb o N cb CrQL0 Q Q cu A29' 10 CO Q tN 0°1'4'61" A' 0 0 o 0� '0%6. CbCb0 o1/qnd /1./0710N WITNESS my hand and official seal. 0 0 Xq 610z 'O'V ` The foregoing Certificate of Dedication and Ownership was acknowledged before me :ANVdIN03 37111 0 141.31 '6102 `'O'V ` 30 .(1N1709 30 31 VIS o//gnd kio./ oN 70as /0/OLIJO pup puny Kw SS3N1/44 :saaidxa uoissicucuoo /AI Xq 610J 'O'V O The foregoing Certificate of Dedication and Ownership was acknowledged before me 9/DDIJI7 aa9 .91 ,1/1 20 .(1 Nn03 30 31 V1S • Q o c0 6Q 0 au1/ Joo,//san,o3 ,9.1 Address: 78 Ri verglen, Carbondale, Co 81623 1 1 (r;)p ZZ� v�Z �p�00�C ZC c'''am°j� _� :IP:: camo'<Cp�c�Z�� rl��0 Z 1-C 00p� 0 CI NI 00A) Cf) 03 0 0 OC NI Cr v ,I ii OZ�II) rrl Z Z 20 "SNI y ~ p� � CO 0 O ,ii kllCU) p C� •4'iZn7 n 2 pC prT1 (31 �O ppO c� 0 N1 IZO n0r11 hl ci�000� p0 0 co hl ozi S1 W!l 031/133X3 '6102 'O'V 1 1 1 1001 .(3A&I-1.5 Sn •1 N3/N3ZlfSV3IN 30 1/NI? 6102 `1J 1 Sn9n b A3/181S 30 31 VO • INDICATES FOUND #5 REBAR WITH 1 1/4" YELLOW CAP (ILLEGIBLE) O- co 2 Q co coQ Q n a Q 0- n co Q J' co ^. J co O cD co,-,. ,�,�°.o �� Q� Q - CQ (Qo co ° � Cb n°con `�Q Q 0 cD cn q' o J' 0 0ovi oQcocQ° coiP Qi. co cD Q Q co ° n , ° Qa� \ Q co 0 Q Q j (((4 0 n ° CO o ° cop Q ° ° 00���cQ'Oco0Q °Q.Q� oM cD ��Cb QcQ�� Q �QCI) �O 0 Co �. J O Q Q CD ti, 0cD -1,Q Q a ° co O ^ti0 O Q- \ 03 Q�Q C�QD Q - n 'T- 0" O. � Q Cb S cQ CD) J co 0 cD m -1 Q co co Qq.c Q Q j, Q Q c`ou6-'Q-3 0 Q cD Q v CD N Q Q 0`co O qco M O Q �p.a� N cD n 1Q co (1)0, — 0 INDICATES FOUND #5 REBAR WITH 1 1/4" YELLOW CAP LS NO 15710 •S310N ONV ON3037 Q 0) O aaJ LI/ aauMo uo1/o0/poG Jo 9)DO11!1-103 1 6.4 ];4 "Nk rtsz rab 41.01)p O MV � ~• v1 r 2:1 chi moi' 164 � O `?M � `o iW eV TUTTLE L5''IlRVL'YI117C SERVICES" 923 Cooper Avenue Glenwood Springs, Colorado 87607 (970) 928-9708 (FAX 947-9007) 'mail— jeff@tss—us corn TUTTLE SURVEYING SERVICES First Amended Aspen Glen File 5 Lot 11 Lot 11 TBD RI vergl ell Carbondale, Co 81623 Drawn by: DMC Date: 08/28/2079 Z.' 2079 A SPEIVGLEN RG77 AMENDED A GRG7 7, D WG Sheet: 1 of 1