HomeMy WebLinkAbout1.00 General Application Materials
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision Preliminary Plan Amendment
Major Subdivision Final Plat Amendment
Sketch Preliminary Final Common Interest Community Subdivision
Conservation Subdivision Public/County Road Split Exemption
Yield Sketch Preliminary Final Rural Land Development Exemption
Time Extension Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
Project Description
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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 the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner or Authorized Representative, Title Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
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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: 239320301011
& 239320301012
DATE: Updated 2/14/2023
9/2/2022
PROJECT: CARTER AMENDED FINAL PLAT E 11 AND E12 ASPEN GLEN FILING 1
OWNERS: CARTER COLORADO REVOCABLE TRUST
CONTACT/REPRESENTATIVE: CHARLES CARTER, Owner
PRACTICAL LOCATION: 67 AND 77 PUMA LN, CARBONDALE CO
TYPE OF APPLICATION: Amended Final Plat
ZONING: Aspen Glen PUD – ½ Acre Residential Zone District
COMPREHENSIVE PLAN: Residential Medium High, Area of Influence Carbondale
I. GENERAL PROJECT DESCRIPTION
The applicant has purchased both lots and wishes to combine them by removing the boundary
between the two. This will allow for a better driveway alignment. Lot E11 borders the golf course
and associated pond. The property/applicant has a license agreement with the golf course
management for landscaping in an area southwest of the property.
The applicant has had some survey, improvement, and landscape planning done. The application
will include a draft final plat that meets the requirements of 5.402.F of the county’s land use and
development code. This will include certificates. Staff recommends include a Title commitment
for both lots with the application, as a title company will sign the eventual final plat if it is
approved. The draft final plat should include all items including proposed title, lot numbering,
indicate what items are being vacated, and all easements identified in the title commitment.
The application will need to demonstrate that the amendment will not impact existing
compliance with the LUDC and Aspen Glen PUD. This may include showing existing
improvements on the draft final plat, to be removed prior to final executing and recording of the
final plat. The HOA has separate approval processes, which the applicant is currently navigating.
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Staff recommends working with the HOA on the timing of submitting this application with their
approval processes.
The application would need to either vacate the current envelope on lot E12 or address any unit
restrictions found in the PUD and provide plat notes regarding what types of buildings could be
placed within that envelope.
The application will need to include a recorded statement of authority from Carter Colorado
Revocable Trust naming Charles Carter as a person authorized to encumber the trust. Please see
the SOA vs LOA included in the email with this summary.
The application will need to provide a list of owners of record of all property within 200 feet both
lots’ boundaries. This can be generated with the County’s Land Explorer tool (tutorial included
in email). The application will also need to include the names and addresses of all mineral owners
of the lot. This may be found on the subdivision plat or similar documentation, or it may require
research at the Clerk and Recorder’s office to determine. A signed Mineral Owner’s Research
memo (attached) shall be included with the application.
Copies of the Aspen Glen PUD guide and map can be found here: https://www.garfield-
county.com/community-development/planning-zoning/
The County’s LUDC can be found here: https://www.garfield-county.com/community-
development/land-use-code/
II. COMPREHENSIVE PLAN
The proposal would reduce the number of units in the area by 1. However, it does not appear
that it will take the subdivision out of alignment with the comprehensive plan.
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:
➢ Section 5-305 – Amended Final Plat Review and Review Criteria
➢ 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
➢ Aspen Glen PUD Guide and Map
IV. SUBMITTAL REQUIREMENTS
Three physical copies of the application and one digital copy of the application are required at
the time of submittal.
As a convenience outlined below is a list of information typically required for this type of
application. Table 5-401 Application Submittal Requirements outlines the specific application
submittal criteria. The following list can function as a checklist for your submittal.
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General Application Materials including
o The Application Form (signed)
o Payment of Fees and signed Payment Agreement Form (see attached)
o A narrative describing the request and related information
o Proof of ownership (Deed)
o Title Commitment
o A Statement of Authority is required for any property owned by an LLC or other
entity
o A Letter of Authorization if an owner intends to have a representative complete
the Application and processing
o Names and mailing addresses of property owners within 200 ft. of the subject
property from Assessor’s Office Records
o Mineral rights ownership for the subject property including mailing address
and/or statement on mineral rights research (see attached)
o A copy of the Preapplication Summary
o Vicinity Map
The Proposed Amended Final Plat according to 5-402.F. Final Plat
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
An Improvements Agreement or waiver should be included with the request
A copy of covenants on the property or reference to recording information for the
covenants
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
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
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. The application will be forwarded to referral
agencies for additional technical comments. Staff will create a report based on the application
and referral comments for the Director.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
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Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County
Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County
Consulting Engineer, Aspen Glen Homeowners Association, Carbondale and Rural Fire Protection
District.
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VI. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $na
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:
9/7/2022
Philip Berry, Planner III Date
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Charles M. Carter
678 Primrose Lane, Friday Harbor, WA 98250
cmcarter10@aol.com; (360) 370-5185 fax
(818) 429-0498 cell; (360) 370-5184 home
November 1, 2022
Re: Proposed Lot Merger of vacant Lot E-12 (67 Puma Lane) with contiguous improved Lot
E-11 (77 Puma Lane)
Dear Aspen Glen Lot Owners,
I am asking for your approval of a proposed plat amendment which merges my vacant Lot E-12
(25,446 sq. ft.) with Lot E-11 (25,367 sq. ft.) where our permanent residence is under
construction. The sole purpose of this lot merger is to use a portion of Lot E-12 for a much
more functional and direct driveway access to the house on Lot E-11, with more green space in
the cul-de-sac area which I believe brings added benefit to the community. I bought Lot E-12
August 22, 2022 (after it first became available) because it offered this alternative opportunity,
compared to what would otherwise be a very tight and narrow driveway access due to the
close proximity of the Lot E-11 building envelop to the lot entrance.
The DRC approved the consolidated landscape plan, subject to two conditions: first, that I
agree (which I did) to a required notation on the plan to reseed Lot E-12 with dryland pasture
seed mix and to the installation of spray irrigation on a separate zone for the seeded area; and
second, a full vote and approval of the HOA as required by the Aspen Glen Policy and
Procedure regarding Plat Amendments dated March 1, 2022 (“Plat Policy”) – Note: both lots
have access to the golf course nearby irrigation ditch for irrigation water.
The proposed plat amendment eliminates the building envelope on Lot E12 and the lot line
between the two lots, merging the two lots into one Lot E-11A (50,813 sq. ft., or 1.167 acres),
thus reducing the number of lots in Aspen Glen from 481 to 480.
Please consider my request and grant your approval using the ballot provided. While I’m
hoping to obtain full community approval, according to the Plat Policy, I will need a minimum
67% (323 lots, 481 total) owner approval in order to proceed with the next level of approval at
Garfield County.
I encourage you to contact me with any questions, comments, or concerns.
Please indicate your approval on the attached ballot and thank you.
Sincerely,
Charles “Michael” Carter
Page 2 of 4
DRC Stamp approvedFull Size Copy for Viewing at Front Gatehouse
Ballot
Instruction Note:
Please use this ballot to indicate your vote regarding the Proposed Plat Amendment E-11A,
and send the completed ballot to Charles M. Carter, via:
email: cmcarter10@aol.com, or
facsimile: (360) 370-5185, or
mail: 678 Primrose Lane, Friday Harbor WA 98250.
Proposed Plat Amendment E-11A for a Lot Merger
of vacant Lot E-12 with improved Lot E-11
(Included with a cover letter dated November 1, 2022, from Charles M. Carter, the owner of
both lots, which describes the purpose for the Proposed Plat Amendment E-11A, and also
includes the form ballot with the DRC conditionally approved consolidated landscape plan.)
For
Against
Page 3 of 4
Page 4 of 4
Full Size Copy for Viewing at Front Gatehouse
Gørfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")Carter
Colorado Revocable Trust agree as follows:
L. The Aoolicant has submitted to the Countv an aoplication for the followins Proiect:
Cartei Amended Final Plat E-11 anil E-12 Aspen Glen Filinq i-
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type applicatíon, and the guidelines for the
administration of the fee structure.
3, The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it ¡s not possible at this tíme to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon not¡fication by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person Charles M. Carter"Phone:818 429-0498
Billing Contact Address:678 Primrose Lane
City:Friday Harbor state: wA Zip code:98250
Billing contact Emait: cmcarterl 0@aol.com
Printed Name of Person Authorized to Sign Charles M. Carter
February 15,2023
(s
J
(Date)
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
I own the entire mineral estate relative to the subject property; or
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
_____________________________________________ _________________________________
Applicant’s Signature Date
NOT TO BE RECORDED
Revocable License Agreement – Page 1
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (this “License Agreement”) is effective as of the ϭϯƚŚ day
of _______, 2021 by and between Aspen Glen Owner LLC (“Licensor”) and Carter Colorado Revocable
Trust, through its grantor and trustee Charles Michael Carter (“Licensee”).
WHEREAS, Licensor is the owner of that certain tract of land and improvements located in
Garfield County, Colorado and commonly known as the “Aspen Glen Golf Club” (the “Property”); and
WHEREAS, Licensee is under contract to purchase that certain residential lot (the “Lot”) adjacent
to the Property and located at 77 Puma Drive, Carbondale, Colorado, Colorado, with the Lot being
further identified as Lot E11 at Aspen Glen, Filing No. 1;
WHEREAS, Licensee desires to obtain a license over that portion of the Property west of
Licensee’s Lot as depicted on Exhibit “A” attached hereto and incorporated herein by reference (the
“License Tract”) for the purpose of using such License Tract as described herein; and
NOW THEREFORE, for and in consideration of the covenants herein set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and
Licensee hereby agree as follows:
1. Grant of License. Subject to the Licensee obtaining title to the Lot on or before February
28, 2021, and subject to the terms of this License Agreement, Licensor hereby grants to Licensee a non-
exclusive revocable license (the “License”) to enter upon, across and through the License Tract for the
purposes described herein.
2. Use.
a. The License shall be for Licensee’s personal use and enjoyment of the License Tract
as a temporary extension of Licensee’s backyard, which Licensee shall maintain in good and
clean condition. Licensee shall not disturb or interfere with any easements that exist, whether
by public record or visibly apparent, within the License Tract.
b. Licensee shall not install or maintain or cause to be installed or maintained any
swimming pool, water feature, fire pit, patio, shed, kitchen, greenhouse, fence or any other
improvement of any kind whatsoever on the License Tract.
c. Except for non-invasive plant, shrub and grass species, Licensee shall not install or
maintain or cause to be installed or maintained any plants, shrubs, grass or trees on the License
Tract that does not already exist on the License Tract as of December 31, 2020, and Licensee
shall not remove, cut down or trim any trees so existing on the License Tract without Licensor’s
prior consent. Any further plantings of any kind by Licensee shall be subject to the mutual
agreement of Licensor and Licensee; provided, however, that Licensee shall not be permitted to
plant trees in any event.
d. Licensee shall stay within the limits of the License Tract. No trespassing, ingress or
egress is allowed on any part of the Property adjacent to the License Tract for any purpose, and
January
NOT TO BE RECORDED
Revocable License Agreement – Page 2
Licensee shall have no right of access to or use of the golf course (the “Golf Course”) on the
Property by virtue of this License Agreement. Licensee shall enter the License Tract only from
Licensee’s Lot.
e. Licensee shall not use the License Tract, or permit use of the License Tract by any
other person, in a manner which violates any law or regulation, or constitutes a public or private
nuisance. Licensee shall be responsible at all times for the conduct of Licensee’s employees,
agents, representatives, contractors, subcontractors, invitees and guests in connection with
their use of the License Tract.
3. Maintenance. Licensee, at Licensee’s sole cost and expense, shall keep the License Tract
in good condition and repair, in a clean and safe condition to Licensor’s reasonable satisfaction and in
compliance with all applicable governmental laws, statutes, ordinances, resolutions, rules and
regulations and all matters of record affecting the License Tract. Licensee shall promptly remove and
properly dispose of any and all trash and debris from the License Tract. Licensee shall not bury or
otherwise dispose of any trash, waste material or chemicals of any kind on the License Tract.
Notwithstanding the foregoing, Licensor or its designees, including but not limited to Aspen Glen Golf
Club Management Company (“Golf Management”), may enter upon the License Tract and perform
maintenance on the License Tract for the benefit of the Property.
4. License Fee. Intentionally deleted.
5. Restoration. Upon termination of this License Agreement for any reason, Licensee shall
at Licensor’s request, at Licensee’s sole cost and expense, (i) remove any, if any, improvements of any
kind from the License Tract; (ii) promptly repair any damage caused by Licensee, Licensee’s successors-
in-interest or their respective agents or contractors to the License Tract or to Licensor’s surrounding
Property with all restoration performed by contractors approved by Licensor; (iii) restore the grade of
the License Tract and adjacent Property in a manner to prevent any adverse effect on the drainage
characteristics of the License Tract and/or Licensor’s Property adjacent to the License Tract, and (iv)
remove all trash and debris from the License Tract and the Property adjacent to the License Tract.
6. Insurance. Licensee will maintain a homeowners insurance policy with liability coverage
of $1,000,000 per occurrence and excess/umbrella liability coverage of at least $1,000,000 each
occurrence and annual aggregate. The foregoing policies shall include the License Tract and name
Licensor and Golf Management as additional insureds. Such policy shall be underwritten by entities
authorized to do business in the State of Colorado and who are rated at least A-VIII by A.M. Best’s rating
organization. All policies shall provide that the amount of coverage cannot be reduced nor coverage
canceled without 30 days prior written notice to Licensor. Licensee shall provide Licensor with
certificates of insurance certifying that such policies are in compliance with this provision and in full
force and effect (i) prior to using the License Tract and (ii) thereafter upon the request of Licensor or its
designee. Further, at any time Licensee has engaged a contractor to perform any work on the License
Tract, including, but not limited to the installation, maintenance, repair or removal of any landscape
plantings, Licensee shall cause such contractor(s) to maintain general liability coverage with an
insurance company and in coverage amounts reasonably acceptable to Licensor, and shall cause
Licensee’s contractor(s) to name Licensor and Golf Management as additional insureds on each such
policy. Licensee shall furnish Licensor with a certificate of insurance evidencing such coverage prior to
the commencement of any work.
NOT TO BE RECORDED
Revocable License Agreement – Page 3
7. No Liens. Licensee shall not permit any lien to be filed or otherwise imposed on any part
of the License Tract. If any such lien is filed, Licensee shall cause such lien to be released and discharged
within ten (10) days after filing. Licensee shall indemnify, defend with counsel reasonably satisfactory to
Licensor, and hold harmless Licensor from any such lien if such lien is related to or arises from Licensee’s
use of the License Tract. Licensee’s obligations under this paragraph shall survive any termination of this
Agreement.
8. Environmental. Licensee shall not, and shall not permit any of Licensee’s employees,
agents, contractors, subcontractors, suppliers or invitees to, transport, locate, generate, manufacture,
install, use or dispose on or about the License Tract any Hazardous Substances, except in accordance
with applicable Environmental Laws. Further, Licensee shall not cause or permit any Hazardous
Substances to contaminate or be released or discharged into the environment, the soil, the atmosphere,
any water course or any ground water on the License Tract, except in accordance with applicable
Environmental Laws. For purposes of this License Agreement, “Hazardous Substances” shall mean and
include, but shall not be limited to, any element, constituent, chemical, substance, compound or
mixture that is defined in, included under or regulated by any local, state or federal law, rule, ordinance
or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including,
but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980,
the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Water Act, the
Clean Air Act, the Marine Protection Research and Sanctuaries Act, the Occupational Safety and Health
Act, the Superfund Amendments and Reauthorization Act of 1986, and all other superlien or
environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all
such laws, rules and regulations being referred to collectively as “Environmental Laws”).
9. Indemnification. Licensee shall indemnify, defend and hold harmless Licensor and the
Licensor Parties (hereinafter defined) from any and all claims, demands, expenses, suits, actions,
judgments, reasonable attorneys’ fees and costs (including, without limitation, all injuries or damage
resulting from the Golf Activities [hereinafter defined] and environmental claims) brought or made for
or on account of any injuries, death, damages, citations, fines or assessments arising out of or
occasioned by use of the License Tract by Licensee or Licensee’s invitees or any acts or omissions of
Licensee or Licensee’s agents, employees, representatives, contractors, subcontractors, suppliers or
invitees. This indemnity, duty to defend and hold harmless provision shall be interpreted as broadly as
possible and Licensee’s obligations under this paragraph shall survive any termination of this
Agreement.
10. Release. Licensor is not responsible for any claims, suits, losses, costs, expenses, damage
or liability resulting from Licensee’s use of the License, the License Tract or landscaping erected thereon
or from the exercise of any rights under this License Agreement. Licensee, including any and all parties
claiming by or through Licensee, releases Licensor and Golf Management and their respective partners,
affiliates, members, managers, shareholders, officers, directors, employees, agents and representatives
(collectively, the “Licensor Parties”) from all claims and causes of action of any nature relating to
Licensee’s use of the License or the License Tract or from the exercise of any rights under this License
Agreement. In addition, and not by way of limitation, Licensee, on behalf of Licensee and Licensee’s
agents, employees, representatives, contractors, subcontractors, suppliers and invitees, releases the
Licensor Parties, from any and all liability for any loss or damage sustained, including but not limited to
property damage, personal injury, or death, from the flight and travel of golf balls over, across, and upon
the License Tract. Licensee’s releases under this paragraph shall survive any termination of this
Agreement.
NOT TO BE RECORDED
Revocable License Agreement – Page 4
11. Enforcement. Upon a breach by Licensee of this License Agreement that is not cured
within fifteen (15) days after notice of such breach from Licensor, Licensor shall have the right, but not
the obligation, to (i) do whatever Licensee is obligated to do under the terms of this License Agreement,
in which event Licensee shall reimburse Licensor on demand for any reasonable expenses that Licensor
incurs in thus effecting compliance and Licensor shall not be liable for any damages resulting from such
action(s), or (ii) terminate this License Agreement upon written notice to Licensee, in which event the
License shall automatically be deemed to have been revoked. This License Agreement may be enforced
by any proceedings at law or in equity against any person or entity violating or attempting to violate any
part of this License Agreement either to restrain or enjoin violations or to recover damages. Damages
shall not be deemed adequate compensation for any breach or violation of any provision hereof, and
the enforcing party shall be entitled to relief by way of injunction as well as any other remedy either at
law or in equity. The rights, powers and remedies provided herein shall be cumulative and not restrictive
of other remedies at law or in equity, and the exercise of any particular right, power or remedy shall not
be deemed an election of remedies or to preclude resort to other rights, powers or remedies. No delay
or failure to invoke any available right, power or remedy in respect to a breach of this License
Agreement shall be held to be a waiver of (or estop a party from asserting) any right, power or remedy
available upon the recurrence or continuance of said breach or the occurrence of a different breach.
12. Term; Termination. Unless terminated due to a breach of this License Agreement by
Licensee, this License Agreement will remain in effect at least through June 30, 2022 and will
automatically renew thereafter for successive one-year terms unless terminated by either party upon
written notice at least 30 days prior to the date specified in such notice. Upon termination as set forth
herein, Licensor shall not be liable to Licensee or any other party for any damages resulting from such
termination. In the event Licensor elects to exercise its termination rights, it shall notify Licensee in
writing, and prior to the date specified in such notice, Licensee shall perform all restoration obligations
set forth hereinabove in Section 5, subject to weather conditions existing during the months of
December through April.
Notwithstanding anything herein to the contrary and unless sooner terminated as set forth
hereinabove, this License Agreement will automatically terminate on the date Licensee ceases to be the
record owner of the Lot unless it is assigned as set forth in Section 16.
13. Notice. All notices or other communications required or permitted hereunder shall be
sufficiently given if in writing and (i) hand delivered, or (ii) sent by certified mail, return receipt
requested, postage prepaid, addressed as shown below, or to such other address as the party concerned
may substitute by written notice to the other.
To Licensor: Aspen Glen Owner LLC
c/o Golf Management
Attn: General Manager
0545 Bald Eagle Way
Carbondale, Colorado 81623
With a copy to:
ClubCorp
Attn: General Counsel
3030 LBJ Freeway, Suite 600
Dallas, Texas 75234
NOT TO BE RECORDED
Revocable License Agreement – Page 5
To Licensee: Carter Colorado Revocable Trust
678 Primrose Lane
Friday Harbor, WA 98250
With a copy to:
Charles Michael Carter
678 Primrose Lane
Friday Harbor, WA 98250
The addresses may be changed by giving notice of such change in the manner provided herein
for giving notice. Unless and until such written notice is received, the last address given shall be deemed
to continue in effect for all purposes. No notice to Licensor shall be deemed given or received unless the
entity noted “With a copy to” is simultaneously delivered notice.
14. Property Title. This License Agreement does not convey any fee simple interest or any
other right or interest in or to the License Tract except for the use rights and purposes specifically
granted herein, and this License Agreement covers no property other than the License Tract. No
warranty of title to any property is given hereunder, and the License herein given to Licensee is subject
to all encumbrances, conditions and reservations upon or under which Licensor holds the License Tract
whether or not of public record.
15. Licensor’s Rights. Licensor reserves and retains the right to grant other rights and
easements across, over or under the License Tract to such other persons as Licensor deems proper for
the use and maintenance of the Golf Activities (hereinafter defined). This License is further subject to
golf related operations and activities (collectively, the “Golf Activities”) conducted at, from or in the
vicinity of the Golf Course, including without limitation: (i) retrieval of golf balls, including the right to
enter on unenclosed portions of the License Tract for that purpose; (ii) free and unobstructed flight of
golf balls over, across or upon the License Tract; (iii) play of golf, including the doing of every act
necessary and incident to the playing of golf; (iv) creation of noise which may occur from early morning
to late evening related to the normal maintenance and operation of the Golf Course and other
recreational activities on Licensor’s Property; and (v) overspray of herbicides, fungicides, pesticides,
fertilizers and water over portions of the License Tract.
16. Assignment. Subject to the written consent of Licensor and any required license
assignment fee, Licensee may assign this License Agreement to a successor who acquires title to the Lot.
Licensor may assign this License Agreement without consent from Licensee, and will use reasonable
diligence to cause this License Agreement to be assumed by any subsequent owner of the License Tract.
17. No Recording. Neither Licensor nor Licensee shall, in any event, record (or cause or
permit the recordation of) this License Agreement.
18. Confidentiality. Licensee will not disclose the terms or existence of this License
Agreement to any party except a specific prospective buyer in connection with the anticipated sale of
Licensee’s Lot or as reasonably necessary to perform Licensee’s obligations under this License
Agreement, including, but limited to procuring the required insurance policies or Licensee’s sale and
purchase agreement for the Lot.
NOT TO BE RECORDED
Revocable License Agreement – Page 6
19. Survival. The obligations of Licensee set forth herein shall survive any termination of this
License Agreement.
20. Miscellaneous Provisions. This License Agreement shall be governed by and interpreted
in accordance with the laws of Colorado. If either party institutes an action, proceeding or counterclaim
against the other relating to this License Agreement, or a default of this License Agreement, the
unsuccessful party shall reimburse the successful party for the total amount of court costs, reasonable
expenses and reasonable attorneys’ fees actually incurred. To the fullest extent permitted by applicable
law, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL and instead agrees that any dispute adjudicated
in a court of law will be by bench trial. Nothing contained herein shall be deemed to establish any rights
of third parties against the parties hereto; it being the intent that the rights and obligations set forth
herein are those of the parties alone, with no third party beneficiary rights intended. This License
Agreement contains the entire agreement between the parties relating to the rights herein granted and
the obligations herein assumed. Any oral representations or modifications concerning this License
Agreement shall be of no force and effect except by a subsequent modification in writing, signed by the
party to be charged. Invalidation of any one or more of the provisions hereof, or any portions thereof,
by a judgment or court order shall not affect any of the other provisions or covenants herein contained,
which shall remain in full force and effect. This License Agreement may not be construed more narrowly
against any one party, regardless of which party drafted same. This License Agreement may be executed
in any number of counterparts with the effect that multiple signature pages evidencing execution by all
parties shall constitute an entire agreement.
21. Execution by Licensee. Licensee joins in the execution of this License Agreement to
evidence Licensee’s agreement to the exceptions, reservations, restrictions, conditions and provisions of
public record and as hereinabove set out, which shall be binding upon Licensee.
IN WITNESS WHEREOF, Licensor and Licensee have executed this License Agreement as of the
day and year first written above.
LICENSOR:
Aspen Glen Owner LLC
By:
Name (Print):
Title:
LICENSEE:
Carter Colorado Revocable Trust
By:
Charles Michael Carter, grantor and trustee
Charles Michael Carter
By:
Steven Orbuch
Authorized Signatory
Certificate of Insurance
Mail address if different from
property address.
This is to certify that Charles Carter
Name of Policyholder (s)
is insured for the coverage and
provisions of a Homeowners
(Type of Policy)
policy under H37-268-466196-40
(Policy Number)
This certification or verification of insurance is not an insurance
policy and does not amend, extend or alter the coverage afforded by
the policies listed herein. Notwithstanding any requirement, term or
condition of any contract or other document with respect to which
this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is
subject to all the terms, exclusions and conditions of such policies.
Countersigned by:
678 PRIMROSE LN
FRIDAY HARBOR, WA 98250-4915
Date 1/20/2021
SECRETARY
Section II Liability Coverages is hereby extended to the following location:
77 Puma Dr Carbondale, CO 81623
Jan. 2022for the following specific period of time and is subject to all terms, exclusions and conditions of the above
Personal Liability Limit $
Medical Payments to Others Limit $
1,000,000
5,000
.
(Name and/or Address of Location)
(Date of Event)
06/05 Edition
policy.
Authorized Representative
PRESIDENT
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:BAR64005365 Date: 02/15/2023
Property Address:67 AND 77 PUMA LN, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley Title
Team
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
CARTER COLORAOD REVOCABLE TRUST
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:BAR64005365 Date: 02/15/2023
Property Address:67 AND 77 PUMA LN, CARBONDALE, CO
81623
Parties:A BUYER TO BE DETERMINED
CARTER COLORAOD REVOCABLE TRUST
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 08/22/2022 under reception no.
978407
Garfield county recorded 01/15/2021 under reception no.
948726
Garfield county recorded 10/04/2019 under reception no.
926464
Plat Map(s):
Garfield county recorded 04/06/1995 under reception no.
476330
Copyright 2006-2023 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
67 AND 77 PUMA LN, CARBONDALE, CO 81623
1.Effective Date:
01/13/2023 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
CARTER COLORAOD REVOCABLE TRUST
5.The Land referred to in this Commitment is described as follows:
LOTS E-11 AND E-12
ASPEN GLEN FILING NO. 1
ACCORDING TO THE PLAT THEREOF, RECORDED APRIL 06, 1995 AS RECEPTION NO. NO. 476330.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:BAR64005365
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: BAR64005365
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT
AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305.
B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824.
C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620.
D. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.
E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.
F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.
G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682.
H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686.
I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399.
J. RESOLUTION NO. 98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757.
9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED APRIL 10, 1892, IN BOOK 12 AT PAGE 133.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64005365
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 NOVEMBER 01, 1893 IN BOOK 12 AT
PAGE 250.
11.AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF
EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC IN WARRANTY DEED RECORDED
DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
12.AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF
EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUCK IN WARRANTY DEED RECORDED
DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
13.TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF
WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND
OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314.
14.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST
SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH
SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH
SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH
SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293,
ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE
877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT
PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT
PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 08, 2003 IN BOOK 1467 AT
PAGE 910, AND THE FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN
BOOK 1649 AT PAGE 891. AMENDED DECLARATION RECORDED MARCH 23, 2007 UNDER RECEPTION
NO. 719512 AND AMENDMENT THERETO RECORDED NOVEMBER 5, 2020 UNDER RECEPTION NO.
944700, AND SECOND AMENDMENT RECORDED SEPTEMBER 8, 2021 UNDER RECEPTION NO. 962780.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64005365
15.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED SEPTEMBER 01, 2004 IN
BOOK 1618 AT PAGE 906.
16.TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED MAY 25, 2006 IN
BOOK 1803 AT PAGE 782.
17.TERMS, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAMING CERTAIN STREETS WITHIN
ASPEN GLEN PUD RECORDED MARCH 13, 2007 AT RECEPTION NO. 718915.
18.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330 AND
CORRECTION PLAT RECORDED MARCH 13, 2007 UNDER RECEPTION NO. 718915.
19.TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AMENDED BYLAWS OF THE HOMEOWNERS
ASSOCIATION AT ASPEN GLEN RECORDED MARCH 23, 2007, UNDER RECEPTION NO. 719513.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64005365
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
LAND TITLE GUARANTEE COMPANY
Date: September 29, 2022
Subject: Attached Title Policy CARTER COLORADO REVOCABLE TRUST for 67 PUMA, CARBONDALE, CO
81623
Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above.
This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its
importance. Please review all information in this document carefully and be sure to safeguard this policy along with
your other legal documents.
Your owner's policy insures you as long as you own the property and requires no additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you
may contact Land Title Policy Team at (303) 850-4158 or finals@ltgc.com
As a Colorado-owned and operated title company for over 50 years, with offices throughout the state, we take pride
in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the
opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title
services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or
refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in
the future.
Sincerely,
Land Title Guarantee Company
OWNER'S POLICY OF TITLE INSURANCE
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY
UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from
a. A defect in the Title caused by
b. The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
c. 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining
land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the
violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been
filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter
insured against by this Policy, but only to the extent provided in the Conditions.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
Copyright 2006-2022 American Land Title Association - All rights reserved. - The use of this form is restricted to ALTA licensees and ALTA members in good
standing as of the date of use. - All other uses are prohibited. - Reprinted under license from the American Land Title Association
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06
forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;(i)
failure of any person or Entity to have authorized a transfer or conveyance;(ii)
a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;(iii)
failure to perform those acts necessary to create a document by electronic means authorized by law;(iv)
a document executed under a falsified, expired, or otherwise invalid power of attorney;(v)
a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vi)
a defective judicial or administrative proceeding.(vii)
the occupancy, use or enjoyment of the Land;(a)
the character, dimensions, or location of any improvement erected on the Land;(b)
the subdivision of land; or(c)
environmental protection(d)
as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to
or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(a)
because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(b)
to be timely, or(i)
to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.(ii)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,
or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest
in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come
to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to(1)
the occupancy, use, or enjoyment of the Land;(i)
the character, dimensions, or location of any improvement erected on the Land;(ii)
the subdivision of land; or(iii)
environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage
provided under Covered Risk 6.
(iv)
Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.(2)
Defects, liens, encumbrances, adverse claims, or other matters(3)
created, suffered, assumed, or agreed to by the Insured Claimant;(a)
not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(b)
resulting in no loss or damage to the Insured Claimant;(c)
attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or(d)
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.(e)
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(4)
a fraudulent conveyance or fraudulent transfer; or(a)
a preferential transfer for any reason not stated in Covered Risk 9 of this policy.(b)
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
(5)
"Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or
decreased by Sections 10 and 11 of these Conditions.
(a)
"Date of Policy": The date designated as "Date of Policy" in Schedule A.(b)
"Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.(c)
"Insured": The Insured named in Schedule A.(d)
The term "Insured" also includes(i)
successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(A)
successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;(B)
successors to an Insured by its conversion to another kind of Entity;(C)
a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title(D)
if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured.(1)
if the grantee wholly owns the named Insured,(2)
if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(3)
if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes
(4)
With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any
predecessor Insured.
(ii)
"Insured Claimant": An Insured claiming loss or damage.(e)
"Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any
other records that impart constructive notice of matters affecting the Title.
(f)
"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, avenue, 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 insured by this policy.
(g)
"Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.(h)
"Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
(i)
"Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective
purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
(j)
liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to
provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured
Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes
the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable
delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to
the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not
insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured
shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured
for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce
for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date
before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured
Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure
of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary
information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is
obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the
payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will
pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay; or
(i)
To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed
incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise
by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(ii)
the Amount of Insurance; or(i)
the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.(ii)
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5
and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the
claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to
which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title
and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use
the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss
of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms
or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons,
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any
service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent
jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this
policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement
expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase
the Amount of Insurance.
the Amount of Insurance shall be increased by 10%, and(i)
the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the
date it is settled and paid.
(ii)
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in
reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the
jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United
States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second
Avenue South, Minneapolis, Minnesota 55401 (612)371-1111.
ANTI-FRAUD STATEMENT: 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.
Order Number: BAR64005150 Policy No.: OX64005150.23402064
Amount of Insurance: $300,000.00
Property Address:
67 PUMA, CARBONDALE, CO 81623
1. Policy Date:
August 22, 2022 at 5:00 P.M.
2. Name of Insured:
CARTER COLORADO REVOCABLE TRUST
3. The estate or interest in the Land described in this Schedule and which is covered by this policy
is:
A FEE SIMPLE
4. Title to the estate or interest covered by this policy at the date is vested in:
CARTER COLORADO REVOCABLE TRUST
5. The Land referred to in this Policy is described as follows:
LOT E12
ASPEN GLEN FILING NO. 1
ACCORDING TO THE PLAT THEREOF, RECORDED APRIL 06, 1995 AS RECEPTION NO. NO. 476330.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2022 American Land Title Association. All Rights Reserved The use of this Form is
restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
Old Republic National Title Insurance Company
Schedule A
This policy does not insure against loss or damage by reason of the following:
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
6.2022 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7.TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT
AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305.
B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824.
C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620.
D. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.
E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.
F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.
G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682.
H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686.
I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399.
J. RESOLUTION NO. 98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757.
8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED APRIL 10, 1892, IN BOOK 12 AT PAGE 133.
9.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 01, 1893 IN BOOK 12 AT
PAGE 250.
10.AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF
EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC IN WARRANTY DEED RECORDED
DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
11.AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF
EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUCK IN WARRANTY DEED RECORDED
DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: BAR64005150 Policy No.: OX64005150.23402064
12.TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF
WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND
OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314.
13.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST
SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH
SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH
SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH
SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH
SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293,
ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE
877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT
PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT
PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 08, 2003 IN BOOK 1467 AT
PAGE 910, AND THE FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN
BOOK 1649 AT PAGE 891. AMENDED DECLARATION RECORDED MARCH 23, 2007 UNDER RECEPTION
NO. 719512 AND AMENDMENT THERETO RECORDED NOVEMBER 5, 2020 UNDER RECEPTION NO.
944700, AND SECOND AMENDMENT RECORDED SEPTEMBER 8, 2021 UNDER RECEPTION NO. 962780.
14.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED SEPTEMBER 01, 2004 IN
BOOK 1618 AT PAGE 906.
15.TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED MAY 25, 2006 IN
BOOK 1803 AT PAGE 782.
16.TERMS, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAMING CERTAIN STREETS WITHIN
ASPEN GLEN PUD RECORDED MARCH 13, 2007 AT RECEPTION NO. 718915.
17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330 AND
CORRECTION PLAT RECORDED MARCH 13, 2007 UNDER RECEPTION NO. 718915.
18.TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AMENDED BYLAWS OF THE HOMEOWNERS
ASSOCIATION AT ASPEN GLEN RECORDED MARCH 23, 2007, UNDER RECEPTION NO. 719513.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: BAR64005150 Policy No.: OX64005150.23402064
620 East Hopkins Avenue
Aspen, CO 81611
Phone: (970) 920-9299 Fax: (970) 920-5352
www.titlecorockies.com
Carter Colorado Revocable Trust
678 Primrose Lane
Friday Harbor, WA 98250
cmcarter10@aol.com
March 18, 2021
Commitment No.:0905927 - C2
Buyer's Name(s):Carter Colorado Revocable Trust
Seller's Name(s):Erik Anthony Cavarra
Property:77 Puma, Carbondale, CO 81623
Lot E-11, Aspen Glen Filing 1, Garfield County, Colorado
Dear Customer:
Enclosed please find your Owner's Policy of Title Insurance Number 9301-005060944, issued by The Title
Company of the Rockies, as authorized agent for Stewart Title Guaranty Company.
You should retain this policy for safe-keeping, as it represents an important part of your evidence of title to the above
captioned property. We would suggest you keep it with any other valuable documents you have concerning your real
estate.
We appreciate the opportunity to participate with you in this transaction. Should you have any other need for real
estate title or escrow services in the future, such as refinancing or second mortgage financing, please do not hesitate
to give us a call. Your relationship with us through this transaction may entitle you to substantial savings on the
various title insurance products we can offer.
If you have any other questions or concerns, please feel free to contact me at the telephone number shown above, and
thank you again for using The Title Company of the Rockies.
With best regards,
Susan Hass
Susan Hass
Escrow Officer
Enclosure: as stated
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
ALTA Owner’s Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must
be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the “Company”) insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
Title being vested other than as stated in Schedule A.1.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from2.
A defect in the Title caused by(a)
forgery, fraud, undue influence, duress, incompetency, incapacity , or impersonation;(i)
failure of any person or Entity to have authorized a transfer or conveyance;(ii)
a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;(iii)
failure to perform those acts necessary to create a document by electronic means authorized by law(iv)
a document executed under a falsified, expired, or otherwise invalid power of attorney(v)
a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic(vi)
means authorized by law; or
a defective judicial or administrative proceeding.(vii)
The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.(b)
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an(c)
accurate and complete land survey of the Land. The term ”encroachment” includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
Unmarketable Title.3.
No right of access to and from the Land.4.
The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)5.
restricting, regulating, prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;(a)
the character, dimensions, or location of any improvement erected on the Land;(b)
the subdivision of land; or(c)
environmental protection(d)
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the6.
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.7.
Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.8.
Countersigned by:
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your
policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http://www.stewart.com
Page 1 of
Policy
Serial No. 9301-005060944
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 0905927
City, State
Authorized Countersignature
The Title Company of the Rockies
Company Name
Aspen, CO
COVERED RISKS (Continued)
Title being vested other than as stated in Schedule A or being defective9.
as a result of the avoidance in whole or in part, or from a court(a)
order providing an alternative remedy, of a transfer of all or any part
of the title to or any interest in the Land occurring prior to the
transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
because the instrument of transfer vesting Title as shown in(b)
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
to be timely, or(i)
to impart notice of its existence to a purchaser for value or to(ii)
a judgment or lien creditor.
Any defect in or lien or encumbrance on the Title or other matter10.
included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date
of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred
in defense of any matter insured against by this Policy, but only to the extent
provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,
and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i)the occupancy, use, or enjoyment of the Land;
(ii)the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit the2.
coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters3.
created, suffered, assumed, or agreed to by the Insured Claimant;(a)
not Known to the Company, not recorded in the Public Records at(b)
Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to
the date the Insured Claimant became an Insured under this policy;
resulting in no loss or damage to the Insured Claimant;(c)
attaching or created subsequent to Date of Policy (however, this(d)
does not modify or limit the coverage provided under Covered Risk
9 and 10); or
resulting in loss or damage that would not have been sustained if(e)
the Insured Claimant had paid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state4.
insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
a fraudulent conveyance or fraudulent transfer; or(a)
a preferential transfer for any reason not stated in Covered Risk 9(b)
of this policy.
Any lien on the Title for real estate taxes or assessments imposed by5.
governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
CONDITIONS
DEFINITION OF TERMS1.
The following terms when used in this policy mean:
“Amount of Insurance ”: The amount stated in Schedule A, as(a)
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
“Date of Policy ”: The date designated as “Date of Policy ” in(b)
Schedule A.
“Entity”: A corporation, partnership, trust, limited liability(c)
company, or other similar legal entity.
“Insured": The Insured named in Schedule A.(d)
the term "Insured" also includes(i)
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or
next of kin;
(B)successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion
to another kind of Entity;
(D) a grantee of an Insured under a deed
delivered without payment of actual valuable
consideration conveying the Title
(1) if the stock, shares, memberships, or other
equity interests of the grantee are wholly-owned by
the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) with regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the
Company would have had against any predecessor
Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f)"Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g)"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 insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court for
the district where the Land is located.
(j) “Title”: The estate or interest described in Schedule A.
(k)"Unmarketable Title”: Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
CONDITIONS (Continued)
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the Insured
of either (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii) in
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by
virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced to
the extent of the prejudice.
4.PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS5.
Upon written request by the Insured, and subject to the options(a)
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to
the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It
shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this
policy.
The Company shall have the right, in addition to the options(b)
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or not
it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision
of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
Whenever the Company brings an action or asserts a defense(c)
as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE6.
In all cases where this policy permits or requires the Company(a)
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested
by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured.
If the Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
The Company may reasonably require the Insured Claimant to(b)
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and places
as may be designated by the authorized representative of the
Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos
whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested
by any authorized representative of the Company, the Insured
Claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect,
and copy all of these records in the custody or control of a third
party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of
the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
To Pay or Tender Payment of the Amount of Insurance. To(a)
pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and
that the Company is obligated to pay. Upon the exercise by
the Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
To Pay or Otherwise Settle With Parties Other Than the(b)
Insured or With the Insured Claimant.
to pay or otherwise settle with other parties for or in the(i)
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
obligated to pay; or
to pay or otherwise settle with the Insured Claimant the(ii)
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the
Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
CONDITIONS (Continued)
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
The extent of liability of the Company for loss or damage under(a)
this policy shall not exceed the lesser of
the Amount of Insurance; or(i)
the difference between the value of the Title as insured(ii)
and the value of the Title subject to the risk insured
against by this policy.
If the Company pursues its rights under Section 5 of these(b)
Conditions and is unsuccessful in establishing the Title, as
insured,
the Amount of Insurance shall be increased by 10%, and(i)
the Insured Claimant shall have the right to have the loss(ii)
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is
settled and paid.
(c)In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
9.LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the
Company.
10.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11.LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under
this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the amount
of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or settle in the
name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these
rights and remedies. If a payment on account of a claim does
not fully cover the loss of the Insured Claimant, the Company
shall defer the exercise of its right to recover until after the
Insured Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
(“Rules”). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising
out of or relating to this policy, any service in connection with its
issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator(s) may
be entered in any court of competent jurisdiction.
15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of
Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17.CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and
to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
Choice of Forum: Any litigation or other proceeding brought by(b)
the Insured against the Company must be filed only in a state
or federal court within the United States of America or its
territories having appropriate jurisdiction.
18.NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at Claims
Department at P.O. Box 2029, Houston, TX 77252-2029.
Owner's Policy - Schedule B Order No.: 0905927-O
Policy No.: 9301-005060944
O W N E R ' S P O L I C Y
O F
T I T L E I N S U R A N C E
issued by
as agent for
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
Order No.: 0905927-O Policy Number: 9301-005060944
Amount of Insurance: $240,000.00 Premium: $699.00
Date of Policy: : January 15, 2021 at the exact time of recording
1.Name of Insured:
Carter Colorado Revocable Trust
2.The estate or interest in the Land which is covered by this policy is:
Fee Simple
3.Title to the estate or interest in the Land is vested in:
Carter Colorado Revocable Trust
4.The Land referred to in this policy is located in the County of Garfield, State of Colorado, and described as
follows:
Lot E-11,
ASPEN GLEN FILING NO. 1, according to the Plat thereof filed April 6, 1995, at Reception No. 476330.
Countersigned By:
The Title Company of the Rockies Authorized Officer or Agent
Page 1 of 3
Owner's Policy - Schedule B (continued)Order No.: 0905927-O
Policy No.: 9301-005060944
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable.1.
Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to2.
penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded July 25, 1894, in
Book 12 at Page 330 as Reception No. 17520 and Patent recorded 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 in United States3.
Patent recorded July 25, 1894, in Book 12 at Page 330 as Reception No. 17520 and Patent recorded 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, 1958 in Book 3144.
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, 1961 in Book 3365.
at Page 570 as Reception No. 215212, and any and all assignments of record, or otherwise, thereof, or interest
therein.
Terms, conditions provisions and obligations as contained in Easements, recorded February 10, 1985 in Book6.
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 and conditions of Resolutions by the Board of County Commissioners of Garfield County, Colorado,7.
concerning the Aspen Glen Planned Unit Development and other matters, as 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. 96-07 recorded February 9, 1996, in Book 966 at Page 686 as Reception No. 488798.
I. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765.
License Agreement, recorded April 2, 1992, in Book 827 at Page 636 as Reception No. 433216.8.
Development Agreement recorded June 29, 1992 in Book 835 at Page 364 as Reception No. 436263.9.
Page 2 of 3
Owner's Policy - Schedule B (continued)Order No.: 0905927-O
Policy No.: 9301-005060944
Agreements between Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen10.
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.
Permanent Easement recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356, and11.
Easement recorded February 10, 1995 in book 931 at Page 374 as Reception No. 474357, and Utility Easement
recorded February 10, 1995 in Book 931 at Page 393 as Reception No. 474358, Emergency Access Easement
recorded February 10, 1995 in Book 931 at Page 432 as Reception No. 474360. Insofar as the same may affect
subject property.
Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995, in12.
Book 936 at Page 314 at Reception No. 476327.
Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master Declaration recorded13.
April 6, 1995, in Book 936 at Page 350 at 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.
Subdivider’s Agreement as contained in instrument recorded April 6, 1995 in Book 936 at Page 444 as14.
Reception No. 476329.
Easements, rights of way and restrictions as shown on the Plat of Aspen Glen Planned Unit Development,15.
recorded April 6, 1995 as Reception No. 476330.
Terms, conditions, obligations and restrictions as contained in Easements Deed recorded April 6, 1995, in Book16.
936 at Page 458 as Reception No. 476331, Amendment No. 1, recorded November 7, 2002 in Book 1404 at
Page 604 as Reception No. 614239.
Trench, Conduit and Vault Agreement recorded December 1, 1995, in Book 959 at Page 958 at Reception No.17.
485953.
Terms, agreements, provisions, conditions and obligations as contained in Special Warranty Deed and Grant of18.
Easement recorded December 31, 1996, in Book 1005 at Page 228 as Reception No. 503024.
Page 3 of 3
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.