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HomeMy WebLinkAbout1.00 General Application Materialscfi 'iarfield County Community Development Department 108 8 Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TY PE O F SU B D IV IS IO N /EXE M PT IO N [] Minor Subdivision I l Preliminary Plan Amendment I I Major Subdivision [7\ Final Plat Amendment D Sketch! l Preliminary! lFinal [J common Interest Community Subdivision []Conservation Subdivision [] Public/county Road Split Exemption [J eta [Jsketch []Preliminary[_Final D Rural Land Development Exemption I I Time Extension I l Basic Correction Exemption INVO LVE D PAR T IE S Owner/ Applicant Name: Sue Goldstein Phone: (954 ,336-7707 Mailing Address: 23 Royal Coachman City: Carbondale State: CO Zip Code: 81623 E-mail: sgoldstein@gate.net Representative (Authorization Required) Name: Self Phone: ( ) Mailing Address: City: State: Zip Code: E-mail: PR OJECT NAM E AND LO CATION Project Name: GonsTul, LT.3], Ro&Ni Fr&k MESA. AsfE LE! wscsarcamama 2.34'g. 1f4. otoss F ii&z waa/sweat@res; 2.3 Roya Co cH MAl, CAR@ND4E ,0 Legal Description: _ Lot 31, Roaring Fork Mesa at Aspen Glen Filing No 2 zone District: PUD-ASPEN GLEN Property Size (acres): _.2_9 _ P roject Description Existing Use: Lot 31, is a .29 acre vaca nt residential lot in the Roaring Fork Mesa at Aspen Glen Filing No 2 Proposed Use (From Use Table 3-403); Unlisted Description of Project: Merge Lot 31, a .29 acre vacant residential lot to adjace nt residential developed Lot 29/30. The lot line betw een Lot 29/30 and Lot 31 will be eliminated along with building envelope on Lot 31. The .29 acres that was form erly Lot 31, will remain vacant as open and natural space. This merge will not require amendment or abandonment of any easements or rights-o f-way. All easements, drainage, utility access, grading and setbacks will remain in-tact. The Second Amendment to the CC&R's recorded 9-8-21, R962780, specifically approves the abo ve-described merge. Proposed Development Area Land Use Type # of Lots #of Units Acreage Parking Single Family 1 0 .29 0 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: 4-203, B-3 (a) Notice to Adjacent Pro perty Owners Section: 4-203 Improvements Ag reement Section: W aiver 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 ccurate to, best of my knowledge. /, s ill) -A2 oz3 Date OFF ICIAL USE ONLY File Number: - _ Fgg Pgjd;j- i 1 JHli ills# y ~ i lg : ii , #lf!!pl.j I 11 ljl l b ltH1,I 1 ,~ I ,1:fii'1!1j l i•pl r \l 3 iJ , Ii tJJ{,itil!fUJ \ ii 1? !{if] ± \ ! ~ • • glfi;., t i if;pl';'gi!tr; I i! ij ! 11~.n i :j].l"Ji} t ~i• h i j i! : lt • I! ~•·n"f q • l t ,~ 'l ~ i ii 1 l lj I ;)ith1h1 I Hff :~ I I '#ill " -•1r I l 1 ! Ii ~ l I b iii{ti};l [ t i ,•l t'w I j s if#lil! j ft i ~!~'f't' ,'11• '~ it u t. & "J ~, l r ~ ! 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(T,al)IN:IW .,..,,.,..,.oc:n:a, .. lt/U - WTO'___,..,, WIIIMYffRT RUii~~ :Ag .=!rr~ ~'IIWf',JJtCt,O:.:'iC/1° MJIIIWn!U9#Alt:AMl#O,N,rw,r r..,_,,,N11D_....,.._ -;::,,:JG:r==,,:~=--~~"Jr".,:l'f,,~,:'t,A,,,.,, IIM AIIIMlat Nt Royal Coachman (27'' R.O.-,r,) 4uPROEMENT LOCA TON CERT1CA TE is GRAPIDC SCWI isi; i (# rmr ) , ...... g - _,,,.,,,.,,,..,...,,. \ I :~:-:// )_ ~·~~~,,;,--,,,. \ ..................... -'\ \ .> ) I, ------ \ ,,, ,,, " i1 ,,, ,,, \" _________ ,,,.? \ ------ t. ~ /"8 1) -- ai cJ,; Improvement Location Certificate LOT 29/30, AMENDED FINAL PLAT OF LOT 29 AND LOT 30 ROARING FORK MESA AT ASPEN GLEN FILING NO. 2, ACCOR.DING TO THE PLAT THEREOF RECORDED SEPTEMBER 4, 2013 AS RECEPTION NO. 840243 COUNTY OF CARFIEW, STATE OF COLORADO EE=HEE EH5±=HE±-- / or 2.9/30 . 57.9 acres x ,✓- / - / ,,,;-.- /,.,;, io·~ /\t;, / .JI!"' .~JP 1/ ,..,,._., ·~ / P"' ,,. / _,... .. ✓.,,,. ,,.-11...,. /1/ .\ / . .,.o.-sox r.ff'SVRl'l'J7Hfl Sl'RYfCISe I 23 ROYAL COACHMAN Chnwood Spn,g3, Colorado 81602 {970) 928-970., {!'AX 9'7-9007) '"'"' '"""''"" "'■""" CARBONDALE, co 81623 --- ,_6bHf'd - .... °" ,071,# s \s ' .... ,,,,.,.y~-:.,~t ,._,,.,,....,. _,,....,.,.,.,.. ~~ ar:::-~: .==t-.,,=- .. ~-:-:::. :- ... ~~ ,,. ~. ,,,,., "Y,.. - l>Y~ a.,,c:,~~t _,.,.. ~ THEES HEL LEEEE:±=- ~=~-=r-~-= '::n":'F=-.JJ.:: .. w:,•~ ..,__,~......,,..,,,,.,,.,,,.,.,_. ~---- 9f,9 r, 1',~,;:;;,.;,.-. • 'f{.,a,}1, .....,,..,.._U.p,,3' - --~ ✓T -,o/3(),/202.J Garfield County Planning Application General Description: The applicant/owner, Sue Goldstein, wishes to merge Lot 31 (vacant lot) to Lot 29/30 (a developed lot), in the Roaring Fork Mesa at Aspen Glen. Exhibit B of The Second Amendment to the CC&R's, executed by the President of the Aspen Glen HOA and recorded on September 8, 2021, Reception 962780, states that over 67% of the homeowners approve of this lot merge (see attached). This 2° Amendment specifically identifies the applicant/owner's lot and approves this merge to take place. This approval by the homeowners is based on the vacant lot remaining as perpetual open natural space. To that end, the applicant/owner will eliminate the building envelope and lot line on this vacate lot. The elimination of the building envelope and lot line guarantees no improvements will be made on this vacant land and there will be never be impacts of view planes on neighboring properties. All easements, drainage, utility access, grading, ingress/egress, and setbacks will remain in place. These properties are also known by Assessor Parcel Numbers 2393-191-01-063 and 2393-194-01-035. Reason for Amendment: The applicant/owner desires to preserve nature in what few spaces are left in Aspen Glen and to that end, applicant/owner is requesting that this vacant lot remain in its natural setting, providing an area to watch various wildlife: foxes, deer, rabbits, turkeys, bears and mountain lions that come and go every season. The merging of this vacant lot will also be a win-win in in water conservation because there will be no improvements made to this land and no water tap will need to be issued. One less homesite among the other one-quarter lots in the Roaring Fork Mesa will enhance the uniqueness of Aspen Glen and lessen the density issues of a growing community. W ARRA NTY DEED THIS DEED is dated the 28th day of November, 2012, and is made between Kelsi S. Moore. Kenneth E. Moore and Georgann L Moore (whether one, or more than one), the "Grantor" of the County of Pitkin and State of Colorado and State Doc Fee: $7.35 Sue Goldstein (whether one, or more than one), the "Grantee", whose legal address is 5418 Oak Canopy Way, Ft. Lauderdale, FL 33312 of the County of and State of Florida. WITNESS, that the Granter, for and In consideration of the sum of Seventy Three Thousand Five Hundred Dollars and No Cents ($73,500.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants. bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property. together with any improvements thereon. located in the County of Garfield and State of Colorado described as follows: Lot 29 ROA R IN G FORK MESA AT ASPE N G LEN , FILI NG N O . 2 According to the Plat thereof recorded November 26, 1997 as Reception No. 516965. County of Garfield, State of Colorado also known by street address as: TBD TBD Royal Coachman, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders. rents. issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Granter, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees. and the Grantees' heirs and assigns forever. The Grantor, tor the Granter and the Grantor's heirs and assigns. does covenant, grant, bargain, and agree to and with the Grantee. and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents. the Granter is well seized of the premises above described; has good, sure. perfect, absolute and indefeasible estate of inheritance, in law. and in fee simple: and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments. encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2012 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Matters Not Shown by the Public Records) and Section 8.3 (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration and party wall agreements, if any. And the Granter shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, If any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. . •~- ~l~ESS WHEREOF, the Grantor has executed this deed on the date se: fo/ h above.1 ;' , ta c g .l e llta Kelsi 'S. Moore by Kenneth E. Moore\. j-/.,, Kenneth E. Moore J}~~ney in Fact , i \(_.he{_",.;, -u,v.,__.e-trtL-G ·'- ]eta tMvrp, ((q, Gebrgarr L Moore by Kenneth E. Moore [ET:vw(' +{@c-A Attorney in Fact State of Colorado County of Garfield The foregoing instrument was acknowledged before me this 28th day of November, 2012 by Kenneth E. Moore, Individually and as Attorney in Fact for Kelsi S. Moore and Georgann L. Moore. Page I Stewart Title File Number. 01330-17062 932A W ARRA NTY DEED STCO 828404 12/12/2012 04:08:36 PM Page 1 of 1 Jean Alberico . Garfield County , Colorado Rec Fee: $11.00 Doc Fee: $4.00 eRecorded 0 r I 0 r/\ cfl SPECIAL WARRANTY DEED - 0 THIS DEED is dated the 12th day of December, 2012, and Is made between {whether one, or more than one), Alpine Bank the Grantor of the County of Pitkin and state of Colorado end Sue Goldstein (whether one, or more than one), the 'Grantee ", whoee legol lldctess ls 5418 Oak Canopy way, Ft. Lauderdale, FL 33312 of the County of and State of Florlda WITNESS, that the Grantor, for and in consideration of the sum of Forty Thousand Dollars and No Cents ( $40,000.00 ), the rec:elpl and sufficiency of which Is hereby acknowledged , hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any Improvements thereon, located In lho County of Garfield and State of Colorado described a@ fcl<,ws: Lot30 ROARING FORK MESA AT ASPEN GLEN, FILING NO. 2 According lo the Plat thereof recorded November 26, 1997 as Reception No. 516965. County of Garfield, State of Colorado · also known by street address as.: TB D Royal Coachman, Carbondale , CO 81623 · TOGETHER with alt and singular the heredilements and appurt -,ce 1 lherelO bolOnglng, or In anywise awertafning, the reversions, remainders, rents, Issues and profits thereof, and al tho ostate, right, lltle, Interest, claim and demand whatsoever of the Gran&or, elther In law or equity, of, In and to the above bargained premises, with the heredltamenls and appurtenances; TO HAVE AND TO HO LD the said pre mise s llbOYe barvaloed and descnbed, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant. barg ain, and agree that the Grantor shaft ·anti will WARRANT THE TITLE AND DEFEND the above described premises, bu/ nol any adjoining vacated slreet or alley, if any, in 1h11 quiet 811d peaceable possession of the Grantee and the heirs and assigns of the Grantee, again st all and every person or persons claiming the whole or any part thereof, by, through, or under the Granter except and subject to: General taxes for the year 2012 and subsequent years; and those specific exceptions described by reference to 1'9001Ti6 d documents as raflscted In the Title Documents accept ed by Granlee(s) In accord ance w//h Se ction 8.1 (Tlfle Review) or the Contract to Buy and Sall Real Estate relating to the above described real properly; distribution utliity easements (including, cable TV); t/lOS& specif1cally dascribed rights of third parties not shown by the public reconls of which Grantee(s) has actual knowledge and which wore accepted by Grantee(s) in accontanoe with Section 8.2 (Matters Not Shown by the Public Records) and Section 8.3 (Survoy Reviow) of the Contract to Buy and Sell Real Estate relating to tho above described roe/ property; inclusion of the Property within any specia l taxing dislrict; thti benefits and burdens and of any recordod declaration and party wall agreements, f any. IN WITNE SS WH EREOF, the Grantor has executed this dead on tho date set forth above. Slate Doc Fee: $4.00 Recording Fee: $16.00 State of Colorado ~ '" County of ~r- J(]] Te foregoing instrument was acknowledged before me this _/L day of December, 2012 by Andrew / -~fj i Detrick, Vice Preslden~t&ofPA?e:P'!i!tn'lieb,B~ank. MvCGlllllliln Emru 11211M015 Stowart Tue Fe Mil" ii&ii-i7io Special w..mnty Deed STCO Page 1 of} 1 ·---'---··•- -·-·- I 1 -•- • ··-- 919131 04/1 2/2019 03:44.55 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $5.00 eRecorded SPECIAL WARRANTY DEED THIS DEED, made on April 10, 20 19, I be tweel D. Michael Keenan and Susan R. Keenan of the County of Anne Arundel, and State of Maryland, grantor(s), and Sue Goldstein whose legal address is : 23 Royal Coachman, Carbondale, CO 81623 of tbe County of Garfield, and State of Colorado, grantees: WITNE SS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, all the real property, together wi th improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lot 31 Roarin g Fork M esa at Aspen Glen, Filing N o. 2 According to the plat thereof recorded November 26, 1997 as Reception No. 516965 also known by street and number as : TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remai nder an d remainders, ren ts , issues and profits thereof, and all th e estate, right, titl e, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will W ARRA N T AND FOREV E R DEF END the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and nssigns,jagainst all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNE SS WHEREO) 'the grantor(s) have executed this deed on the dates "forth above. ~ STATE OF MO yl0n\ ! COUN TY OF U €en Hnn& ) ) ss. ) The foregoing instrument was acknowledged before me on April~ 2019, by 0. Michael Keenan and Susan R. Keenan. WITNESS my hand and official seal My comm ission expires: ] /13 /2 ouab\@n }TIDIA= Notary Public Commonwealth File No. 1903078 ANTIC Return to: Sue Goldstein 23 Royal Co achm an Carbondale, CO 81623 SARAH VANMETER No tary Public " S ta te of M a ry lan d Queen Anne's County G arfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") _ SUE GOlDSIEllN_ agree as follows: 1. The Applicant has submitted to the County an application for the following Project:,,.....,...,...,.... ......... GoLDsTEIN-Lor 3i, ROARING FORK MESA AT ASPEN GLEN'FLG NOE2 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing contact Person: SUE GOLDSTEIN Billing contact Address: 23 ROYAL COACHMAN City: CARBONDALE Billing contact Email: sgoldstein@gate.net Phone: ( 954 ) 336-7707 State: CO Zip coae, 81623 Printed Name orersoAuhomzzd to sen. SUE GOLDSTEIN < ure) (Date) Garfield County Planning Application General Description: The applicant/owner, Sue Goldstein, requests to merge Lot 31 (vacant lot) to Lot 29/30 (a developed lot), in the Roaring Fork Mesa at Aspen Glen. Exhibit B of The Second Amendment to the CC&R's, executed by the President of the Aspen Glen HOA and recorded on September 8, 2021, Reception 962780, states that over 67% of the homeowners approve of this lot merge (see attached). This 2° Amendment specifically identifies the applicant/owner's lot and approves this merge to take place. This approval by the homeowners is based on the vacant lot remaining as perpetual open natural space. To that end, the applicant/owner will eliminate the building envelope and lot line on this vacate lot. The elimination of the building envelope and lot line will merge these lots into one Lot, this guarantees no improvements will be made on this vacant land and there will be never be impacts of view planes on neighboring properties. All easements, drainage, utility access, grading, ingress/egress, and setbacks will remain in place. These properties are also known by Assessor Parcel Numbers 2393-191-01- 063 and 2393-194-01-035. Reason for Amendment: The applicant/owner desires to preserve nature in what few spaces are left in Aspen Glen and to that end, applicant/owner is requesting that this vacant lot remain in its natural setting, providing an area to watch various wildlife: foxes, deer, rabbits, turkeys, bears and mountain lions that come and go every season. The merging of this vacant lot will also be a win-win in in water conservation because there will be no improvements made to this land and no water tap will need to be issued. One less homesite among the other one-quarter lots in the Roaring Fork Mesa will enhance the uniqueness of Aspen Glen and lessen the density issues of a growing community. V IC IN ITY M A P- LOT 31 239319101032 239319!01031 Physical Address Not available CARBONDALE 8 1623 Moiling Address 23 ROY AL CO ACHMAN CARBONDALE, CO 81623 239319101063 Aspen Glen land Acres 0.289 2023 Mill Levy 88.4250 2393 19401 037 239319401063 23931 9401060 cG 'Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. 5 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. 5 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. 5 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 Mailin Address of Mineral Owner I acknowledge I reviewed C.R.S. 5 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Date Search of Mineral Owners of Parcel #2393-194-01-035 Using the plat plan, "Final Plat Aspen Glen Filing #2", the mineral owners of Aspen Glen in 1996 are listed on the bottom left corner. Based on my research in the GARCO Clerk and Recorder's Office, only Ms. Neva M. Chuc has continued to own mineral rights/ownership via inheriting same from her deceased husband, Leonis P. Chuc. Further research indicates that the others listed on the aforementioned plat plan either sold or relinquished their mineral rights/ownership to Shannon Oil Company during the 1950's and 60's. A review of plat data provided info on Shannon Oil Company and reflects several mineral ownership transactions from several private parties, but no other info was available on the company. I used the Colorado's Secretary of State website searching for Shannon Oil Company's status, trade names, officer names, managing partner etc. Listed below are my findings: Shannon Oil Company, formed in 1984; status delinquent. Shannon Oil Company, LLLP, formed in 1984, status delinquent 5/1/2014. Shannon Oil Company, formed in 2014, status expired. Ann Shannon Oil & Gas, LLC, formed 10/12/2005, status good standing. From my research, I concluded: 1) there is not any recorded documentation that Shannon Oil Company from the 50's & 60's changed their name or transferred their mineral ownership to Ann Shannon Oil & Gas, LLC, in 2005. 2) recorded documentation reflects that Neva M. Chuc, whose mailing address is: 9663 Highway 82, Carbondale, CO 81623, is a current mineral owner of Parcel #2393-194-01-035. WAIVER FRO M SUBMITTAL O F THE ENTIRE COVENANTS FOR THE PUD Sue Goldstein (applicant/owner) is requesting a waiver of Submission Requirements of from submittal of the entire Covenants for the PUD of Aspen Glen. The recording information is as follows: Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded of record with the Garfield County Clerk and Recorder at Reception No. 719512 on March 23, 2007, as amended and supplemented including the First Amendment recorded November 5, 2020 at Reception No. 944700 ("First Amendment" ); and as amended and supplemented including the Second Amendment recorded September 8, 2021 at Reception No. 962780 (collectively the "Declaration"). Applicant's request to merge Lot 31 with Lot 29/30 in the Roaring Fork Mesa at Aspen Glen is located in a¼ Acre Residential Zone District, of the relevant zoning from the PUD Guide, specifically found in Official Records Book 835, page 337 of the Public Records of Garfield County, Colorado. :_ ... : "a s4 55 wost • .2g@ !{,n ,i_tsiactt" : .· ·. . . ' d"" fl ' '»-- ·- .° '>. ·or 7 ) . L - ~ . --~- •· ~-=--,.::._ Data Summary: Zone Distri~t Total -\rt:'I 1"GtaJ Number or (±Acres) Dwelling Units Xeturaf ·Park and at;{ If2£, tar ask C ulolG0'fVlbs 37.4 155 0-u••lnll RctSidvn1Qt 33.7 50 40.0 Ss 102 Acre Residential 153.4 228 314 Acre Resid ential 49.0 4T 2.40 Acre Residential 154.2 Z1 Golf Col#Q 168,0 Gott CluhhOU:H lO.O Open Space/River Parks 272.0 Fire Station 0.7 Total 938.4 630 or 835 urz?3 5. 1/4 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses (b) Minimum Lot Size (c) Maxin.·m Building Height (d) Minimum Front Yard if Abutting County Road 109 (e) Minimum Front Yard if Abutting Public/Private Street (f) Minimum Lot Width (g) Minimum Lot Depth (h) Maximum Floor Area Ratio (i) Minimum Rear Yard {j) Minimum Each Side Yard (k) (l) Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-family residential plus accessory uses except guest and/or caretaker's quarters; home occupation 10,890 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 75 ft. (at building setback) 120 ft. .35 20 ft. 10 ft. or 12 height of principal building whichever is greater 15 ft. from roadway easement/ROW 4 spaces k Cul-de-sac, pie. shaped and flag lots may have a less than minimum width measured at building setback, but no Jot shall have Jess than 25 feet of width on public access right-of-way or easement. --7- WAIVER REQUEST FROM SUBM ITTAL OF AN IM PROVEM ENTS AGREEMENT SECT IO N 4-118 IM P R OVEM ENT S AGR EEM EN T Sue Goldstein, (applicant/owner) is requesting a waiver of Submission Requirements per Section 4-118 Improvements Agreement. The applicant has provided an updated: topo survey for Lot 31, Improvement Location Survey for Lot 29/30, and a proposed amended plat conducted by a Colorado licensed Land Surveyor. The property is located within the¼ Acre Residential Zone District. The proposed minor modification will reconfigure (merge) Lot 31 a vacant residential lot to Lot 29/30, an adjacent residential developed lot to the north. By merging these properties, the applicant agrees to: 1. eliminate the building envelope on Lot 31, (thus, prohibiting any future development on this merged land) and 2. eliminate the lot line between Lot 29/30 and Lot 31, in order to merge said lots into one Lot, and 3. the existing building envelope on Lot 29/30, will not change as shown on the proposed amended plat included in this application. There will be no conflict with the Comprehensive Plan or change the character or basic relationship to neighboring properties. The newly added land, which will be minus a building envelope guarantees no improvements will ever be made on this land, rather, will remain as open and natural space, mirroring the lot's adjacent properties: to the north (golf course preserve), to the west {CR 109) and to the south (HOA open and natural space), thereby, imposing no impacts on adjacent properties of view planes. This merge will not require amendment or abandonment of any easements or rights-of-way and does not increase the density of the subdivision. All easements, drainage, utility access, grading, ingress/egress, and setbacks will remain in place. These properties are also known by Assessor Parcel Numbers 2393-191-01-063 and 2393-194-01-035. W aive r R e qu e st 4-2 0 3 D e s c rip ti o n of S ub m itt a l Re q uire m e n ts The applicant has provided an updated topo survey for Lot 31, Improvement Location Certificate for Lot 29/30 and amended plat for the proposed merger of the two lots: 29/30 and 31, all conducted by a Colorado licensed Land Surveyor. Requesting waiver for the following requirements: A. Professional Qualifications (1-6) B. General Application Materials 3. (a) Adjacent Property Owners to be sent public notice The applicant has provided a copy of the Second Amendment to the Amended Declaration of Covenants, Conditions, and Restrictions for Aspen Glen, recorded on September 8, 2021, in Reception 962780, Garfield County, Colorado, reflecting in Exhibit B, that over 67% of the homeowners approve of the applicant's lot merge. This approval by the homeowners is based on the vacant lot remaining as perpetual open and natural space. Applicant is requesting waiver of this requirement due to the recently recorded approval contained in the aforementioned Second Amendment to the Amended CC&R's. 8. Applications for Major Projects (a-d) The proposed merge does not meet requirements for a major project. E. Grading and Drainage Plan (1-23) Applicant has provided a topo of Lot 31, there will be no structures or changes to the lot to warrant any change to the existing grading or drainage. B . G e n era l A p p lic a ti o n M a teria ls {C o n ti nu e d ) F. La nd s c a p e P la n (1 -5 ) Lot 31, exists today as a vacant lot, even after the merge, this former lot w ill remain vacant as open and natural space. G. Impact Analysis (1-8) Lot 31, exists today as a vacant lot, even after the merge, this former lot will remain vacant as open and natural space. H. Rezoning Justification Report N/A J. Development Agreement (1-2) N/A K. Improvements Agreement (1-5) N/A L. Traffic Study (1-5) There w ill be no change M. Water Supply and Distribution Plan (1-2) N/A N. Wastewater Management and System Plan (a-j) Lot 31, exists today as a vacant lot, even after the merge, this former lot w ill rem ain vacant as open and natural space. O. Floodplain Analysis (1-5) The applicant has provided a topo for vacant Lot 31. Lot 31 w ill remain vacant as open and natural space even after the m erge is appro ved. 962780 09/08/2021 09:58:16 AM Page 1 of 6 Jean A lberico, Garfield C ounty, C olorado R e c F ee : $38.0 0 Doc F ee : $0 .00 eR ecorded SECOND AME NDMENT TO THE AMENDED DECLARATION OF COVENANTS, COND ITIONS, AN D RESTRICTIONS FOR ASPEN GLEN The Homeowners Association at Aspen Glen Second Amendment to Amended Declaration Page 1 962780 09/08/2021 09:58: 16 A M Page 2 of 6 Jean A lberico, G arfield County, Colorado Rec Fee: $38.00 D oc Fee: $0.00 eRecorded WITNESSETH THIS SECOND AMENDMENT TO THE AMEND ED DECLARA TION OF COVENAN TS, CONDITIONS, AND RESTRICTIONS FOR ASPEN GLEN (Association") has been executed this _3 day of 6PT©M(7E2021, and shall be effective when recorded of record with the Garfield County Clerk and Recorder as required by the Colorado Common Interest Own ership Act codified at C.R.S. 38-33.3-101 et seq. (the Act"), RE CIT AL S A. The Homeowners Association at Aspen Gl en was created by and is subject to the following doc uments: (1) Amended Declaration of Covenants, Conditions, and Restrictions for Aspen Glen recorded of record with the Garfield County Clerk and Recorder at Reception No. 719512 on March 23, 2007, as am ended and supplemented including the First Am endment recorded November 5, 2020 at Reception No. 944 700 (First Amendment") (collectively the Declaration"); (2) Plat, as defined in the Declaration and all supplements and amendments thereto (Plat"); and (3) Art icles of Incorporation filed with the Colorado Secretary of State on June 7, 1994 ("Articles"). B. Article 11.2 of the Declaration allows for amendment to the Declaration upon approval of Owners holding at least sixty-seven percent (67%) of the votes possible to be cast under the Declaration. The requisite percentage of Owners have approved this Amendment to the Declaration, as established by the records held in the offices of the Association, an d this Am endm ent to the Declaration is binding and effective as of the date of its recordation with the Garfield County Clerk and Recorder. C. The Association is created to govern and administer the Association Properties and Community Area. The Association is subject to the provisions of the Colorado Common Interest Own ership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the same may be amended from time to time. D. All other provisions of the Declaration not modified by this Seco nd Amendm ent shall remain in full force and effect. In the event of a conflict between the Declaration and this Second Amendment, this Second Amendment shall govern. NOW, THEREFORE, the Association does hereby publish and declare that the following terms, covenants, co nditions, easements, restrictions, uses, reservations, limitations, and obligations shall be deemed to run with the land an d shal l be deemed a burden and a be nefit to the Association and its Owners, their grantees, successors, heirs, executors, administrators, devisees, and assigns. ARTICLE 2 DEFINI TIONS Article 2 Definitions. This Article is amended by the modification and addition of the following definitions: Th e Homeowners Association at Aspen Glen Second Amendment to Amended Declaration Page 2 9 62780 09/08/2021 09:58: 16 AM Page 3 of 6 Je a n A lbe rico, G arfield C ounty, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded Section 2.57 ·Governing Documents" means documents that assist with or concern the governance of the Association including the Declaration, Articles of Incorporation, Bylaws, Design Review Guidelines and Rules and Regulations. Section 2.58 Plat Amendm enf' refers to an amendment to the Plat which requires approval of Owners per Article 11.2. Section 2.59 Pending Plat Amendments" refers to Plat Amendments that are approved by the Association per this Amendment but which have not completed the Plat Amendment process. Section 2.60 Existing Plat Amendment" refers to a recorded Plat Amendment that vacated a Lot Line or modified a Building Envelope and which received approval of the Association Design Review Committee and Garfield County, Colorado but which did not receive the legally required percentage of Owner approval prior to recordation of the Plat Amendment due to an inadvertent misunderstanding as to the totality of the Plat Amendment process under Colorado law. ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA Article 3 is amended by the correction of numbering related to Section 3.43 in the First Amendm ent and the addition of Section 3.44 as follows: Section 3.43 - Prohibitions on Timesharing - the Subsections labeled 3.44.4 and 3.44.5 in the First Amendment are hereby corrected to be labeled 3.43.4 and 3.43.5 Section 3.44 - Plat Amendments. Pursuant to the Act at C.R.S. 38-33.3-217 and Article 11.2 of the Declaration, amendment of the Plat requires the approval of Owners holding at least sixty-seven percent (67%) of the votes possible to be cast under the Declaration. The following addresses Existing Plat Amendments, Pending Plat Amendments and the process for any future Plat Amendments. 3.44.1 Existing Plat Amendments - All Existing Plat Amendments that occurred in the Community Area on or before January 1, 2021 are hereby deemed approved by the Owners as required by C.R.S. 38-33.3-217 and Section 11.2 of the Declaration. No further action needs to be taken in relation to the Existing Plat Amendments as they are now deemed fully approved as required by law. Any and all Plat Amendments that occur after January l, 2021 shall require approval per the Act and the Declaration except for the Pending Plat Amendments. 3.44.2 Pending Plat Amendments - Exhibit B " sets forth the Pending Plat Amendments, comprised of vacating of five (S) Lot Lines to merge five (S) Lots and one (I) Building Envelope modification, which are receiving approval by the requisite number of Owners via this Amendment to the Declaration but which have not finalized the Plat Amendment process through Garfield County, Colorado. The Pending Plat Amendments vacating Lot Lines to merge two (2) Lots on Exhibit "B" shall on1y be permitted to remove the Lot Line between the two adjacent Lots in order to merge said Lots into one Lot. The Pending Plat Amendment Building Envelope modification upon Exhibit "B" will confonn to depiction of the same provided for on Exhibit "B". The Pending Plat Amendments are required to meet all governmental and quasi- governmental requirements, including those of Garfield County, Colorado, for said Plat Amendments to become effective. The Pending Plat Amendments are re quired to include the Association as a signatory upon the Amended Plat prior to recordation. The Pending Plat Amendments shall not become a Plat Amendment until completion of the Garfield County, The Homeown ers Association at Aspen Glen Second Amendment to Amended Declaration Page 3 9 62780 09/08/2021 09:58: 16 AM Page 4 of 6 Jea n A lbe rico, Garfield C ounty, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eR ecorded Colorado process, adherence to this Amendment and recordation of a properly approved and exec uted Plat Amendm ent. The Owners of the Lots subject to the Pending Plat Amendment proce ss are solely and fully responsible for all costs and expenses related to completion of the Plat Amendment process. 3.44.3 All Plat Amendments after January 1, 2021, other than the Pending Plat Am endments which are addressed in Section 3.44.2 above, are required to follow any an d all proces ses adopted by the As sociation in said regard as well as all govern mental and quasi- govern mental requirements. An y Owner re questing a Plat Am endment shal l be re sponsible for all requirements related thereto as well as al l costs. This necessar ily includes approval of the Design Review Com mittee, approval of the requisite percentage of Ow ners, and inclusion of the As sociation as a signa tory upon any Amended Plat prior to rec ordation. 3.44.4 Any Plat Am endment that vacates a Lot Line to merge two Lots into one Lot shall result in the merged Lot being treated as a single Lot by the As sociation. Any utility lines of any nature or kind, whet her documented or un documented, which are insta lled along a merged Lot Li ne shall be perm itted to remain in place and sha ll not be deemed vacated by a Lot m erger. The Owner of the merged Lots shall be required to ensure that there is no disturbance of said utility lines and/or shall be responsible fo r moving of said utility lines to another designated eas ement area upo n advance written consent of the Association and the owner of the utility line. IN WI TNESS THERE OF, the undersign ed, being the Pre sident and Secretary of the Board of Directors of The Homeown ers Association at Aspen Glen, a Colorado nonprofit corporation, incorporated to govern the comm on interest com munity kn own as Aspen Glen has executed this Sec ond Amendment to the Amended Declaration on the day and the date first wr itten above. THE HOME OWNE RS AT ASPEN GLEN, a Colorado Nonprofit Corporation 2eL President, Bard oF Directors STATE OF COLORAD O ) ) ss. COUNTY OF GARFIELD ) c4 < The foregoing instrument was acknowledged before me this 3 - day of ::.:,;,e. p-f e""" ber ,2021,by: 5teven pecl{zit as President of the Board of Directors of The Homeo wners Association at As p en Gl en, a Colorado nonprofit corpo ration. My commi ssion expires: lQ/177/3o2H (SE AL ] SEAN CONNORS NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20164039616 MY COMMISSION EXPIRES OCT 17, 2024 5s' Notary Public Th e Homeo wn ers Association at Aspen Glen Second Amendment to Am end ed Declaration Page 4 9 62 780 0 9/0 8/2 0 2 1 09:58 :16 A M Pa ge 5 o f 6 J ea n A lb e r ico , G a rfi e ld County, C olora do R ec Fee: $38 .00 D o c Fee: $0.00 eR ecord ed CERTIFICATE OF SECRETARY 1, Jar }zap;is-/, as Secretary of the Board of Directors of The Homeowners Association at Aspen Glen, a Colorado nonprofit corporation, hereby certify that the Assoc iation has received the approval of Owners holding not less than sixty-seven percent (67%) percent of the votes possible to be cas t under the Declaration, has met all requirements fo r Amendment of the Declaration under the Associati on Governing Do cuments. and has co mplied with the requirements of C.R.S. 38-33.3- 217(b6) in regard to notification of first lienholders and no .objections have been received within the requisite timeframe. Records of the same are available to :•watt Associati~flices . .- STATE OF COLORADO ) ) ss. COUN TY OF GARFIELD ) The foregoin g instrument was acknowledged before me this _3day or Doe pgte be ,2021,by: Josepk [o (sa A as Secretary of the Board of "Directors of The Homeowners Association at Aspen Glen, a Colorado nonprofit corp oration. My commission expires: l O /t "11 2o 24 [SEAL] SEAN CONNORS NOTARY PUBLIC - STATE OF' COLORADO NOTARY ID 20164039616 MY COMM ISSION EXPIRES OCT 17, 2024 Notary Public The Homeowners Association at Aspen Glen Second Amendment to Amended De claration Page 5 962 780 09/08/2 0 2 1 09.58:16 A M P a ge 6 o f 6 J ean A lb e r ico , G a rfi e ld County , C olora d o R ec Fee: $38 .00 Doc Fee: $0.00 eR ecord ed EXHIBIT B SECOND AMENDMENT TO THE AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ASPEN GLEN PENDING PLAT AMENDMENTS Lot RG -06, merge with Lot RG-07 (N o Building Envelope Adjustment included) Lot WP- I 8, merge with Lot WP-19, (No Building Envelope A djustm ent included) Lot RF M-31, merge w ith Lot 29/30, (No Buildin g En velope Adjustment included) Lo t D-39, merge with Lot D 40-B, (No Bui lding Envelope Adjustm ent included ) Lot RF M-11, merge with Lot RF M-12, (N o Building Envelope A djustm ent included) Lot FW -24, Bui lding Envelope Adjustment, which has received DRC approval dated M ay 22, 202 1 for a golf cart garage within the adjusted building envelope. The Homeowners Association at Aspen Glen Second Amendment to Amended Decl aration Exh ibit B Garfi e ld C o unty Co lo ra do La n d E xp lo re r, 200' B u ffer 23 93 191003 96 Parcel Physical Address Owner Account Mailing Address Num 239319401063 281 GOLDEN STONE ALLDREDGE, ENIS JR & KAREN R R044492 0281 GOLDEN STONE DR CARBONDALE CARBONDALE, CO 81623 239319101032 31 ROYAL CASAS, SIMON R820071 1420 BARBER DRIVE COACHMAN CARBONDALE, CO 81623 CARBONDALE 239332100378 1443 108 COUNTY RD CRYSTAL RIVER RANCH COMPANY R100165 555 17TH STREET, SUITE CARBONDALE 2400 DENVER, CO 80202- 3941 239319401037 19 ROYAL GEDDES, BRADLEY C &TERRIE L R820076 0019 ROYAL COACHMAN COACHMAN CARBONDALE, CO 81623 CARBONDALE 239319401035 23 ROYAL GOLDSTEIN, SUE R820074 23 ROYAL COACHMAN COACHMAN CARBONDALE, CO 81623 CARBONDALE 239319101063 VACANT-Not GOLDSTEIN, SUE R083337 23 ROYAL COACHMAN available CARBONDALE, CO 81623 CARBONDALE 239320301083 VACANT-Not HOMEOWNERS ASSOCIATION AT ASPEN R084460 0080 BALD EAGLE WAY available GLEN CARBONDALE, CO 81623 CARBONDALE 239319401062 VACANT-Not HOMEOWNERS ASSOCIATION AT ASPEN R008215 0080 BALD EAGLE WAY available GLEN CARBONDALE, CO 81623 CARBONDALE 239319101031 39 ROYAL LEONE ROSSO LLC R820070 39 ROYAL COACHMAN COACHMAN CARBONDALE, CO 81623 CARBONDALE 239319101036 VACANT-Not MESA LOTCO LLC R820075 310 MARKET STREET SUITE available 109 BASALT, CO 81621 CARBONDALE P arcel P h y sic al Address O w n er Acc ou n t M aili n g A d dre ss N u m 239319401060 VACANT-Not PICARD, SCOTT, TRUSTEE OF SCOTT R820147 442 LARKSPUR DRIVE available PICARD FAMILY TRUST UTD OCTOBER 22, CARBONDALE, CO 81623 CARBONDALE 2002 239319101030 336 GOLDEN STONE RUSNAK, JOHN M AND ANNE E R820069 336 GOLDEN STONE DRIVE DR CARBONDALE REVOCABLE TRUST UAD 12/6/05, AS CARBONDALE, CO 81623 AMENDED AND RESTATED 239319200386 VACANT-Not SPIRIT REAL TY LP R830193 3030 LBJ FREEWAY, SUITE available 600 DALLAS, TX 75234 CARBONDALE LU D C GA R FIELD CO U N TY, CO LO R A D O A RTIC LE 7: STA N DA R D S CO M P LI A N C E W IT H LA N D U S E CO D E A RT IC LE 7 , D IV ISIO N S 1, 2 AN D 3 D IV ISIO N 1. G EN ERA L A PP RO VA L STA N DA R D S 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply within the¼ Acre Residential Zone District. The building envelope for Lot will be eliminated and the lot will be merged to Lot 29/30. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The proposed change complies with Garfield County Comprehensive Plan. 7-103. COMPATIBILITY. The nature, scale, and intensity of merging Lot 31 to Lot 29/30 is compatible with adjacent land uses. 7-104. SOURCE OF WATER The building envelope for Lot 31 will be eliminated when it is merged with Lot 31. No water supply to serve the property. It will remain as open natural space. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS N/A. The building envelope for Lot 31 will be eliminated when it is merged to Lot 29/30, therefore, there will be no distribution system/wastewater system to this added land which will remain as open natural space. 7-106. PUBLIC UTILITIES N/A. The building envelope for Lot 31 will be eliminated when it is merged to Lot 29/30, therefore, there will be no encroachment on the existing easement, drainage or utility boxes. 7-107. ACCESS AND ROADWAYS N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. 7-108 USE OF LAND SUBJECT TO NATURAL HAZARDS. This property is located in Aspen Glen. Any potential effects of hazardous site conditions that existed at the time of development would remain the same. 7-109. FIRE PROTECTION. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. DIV ISION 2. GENERAL RESOURCE PROTECT IO N STANDARDS. 7-201. AGRICULTURAL LANDS N/A. The building envelope for Lot 31 will be eliminated when it is merge with Lot 29/30. This merge will not change the current compliance to resource protection standards on agricultural lands. 7-202. WILDLIFE HABITAT AREAS N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. This merge will not change the current compliance to resource protection standards on wildlife habitat areas. 7-203. PROTECTION OF WATERBODIES N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. This merge will not change the current compliance to resource protection standards on protection of waterbodies. 7-204 DRAINAGE AND EROSION N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. This merge does not encroach on existing drainage and run-off. 7-205. ENVIRONMENTAL QUALITY. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30 and will not change current air quality. 7-206 WILDLIFE HAZARDS. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. This merge will not change the current compliance to resource protection standards on Wildlife Hazards. 7-207. NATURAL AND GEOLOGIC HAZARDS. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. This merge will not affect the current compliance to natural and geologic hazards. 7-208. RECLAMATION. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. No improvements will be made on Lot 31. DIV ISIO N 3. SITE PLA NNING AND DEV ELOPMENT STANDARDS 7-301. COMPATIBLE DESIGN. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30, and will remain as open and natural space. 7-302. OFF-STREET PARKING AND LOADING STANDARDS. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30, and will remain as open and natural space. 7-303. LANDSCAPING STANDARDS. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30, and will remain as open and natural space. 7-304. LIGHTING STANDARDS. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30, and will remain as open and natural space. 7-305. SNOW STORAGE STANDARDS. N/A. 7-306. TRAIL AND WALKWAY STANDARDS. N/A. The building envelope for Lot 31 will be eliminated when it is merged with Lot 29/30. This merge will not affect the current compliance to trail and walkway standards. A m e r ic a n La n d T itl e Ass o c ia tio n C o m m itm e n t fo r T itle In s u ra n c e 2021 v. 01.00 (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEAL TH LAND 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. Commonwealth Land Title Insurance Company, a(n) Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I- Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Copy ri gh t 2021 A m e rica n La nd T itle As s ociation . All righ ts re se rved . T he use o f this F o rm (o r any de riva tive thereof) is re stricted to A L TA licensee s an d AL TA m e m be rs in goo d stand ing as o f the date of use . A ll other uses are pro hib ited. R ep ri nted u nder licen se fro m the A m e rica n Lan d T itle Assoc iation . Page 1 of10 AME RICAN LAND TITLE AS SO CIA T IO N Pag e 1 of 10 American Land Title Assoc iation Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I-- Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I - Requirements; f. Schedule B, Part II- Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I - Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II-- Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 C o py righ t 202 1 Am e rica n La nd T itle A ssoc iation . A ll rights re se rved . The use of this Form (or any derivative thereof) is restricted to ALTA licensees and Al TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American land Title Association. P age 2 of10 Page2of10 AMERICAN LAND TITLE ASSOCIATION American Land Title Assoc iation Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Copyright 2021 American Land Title Assoc iation. All rights reserved. The use of this Form (or any derivative thereof) is restricted to Al TA licensees and Al TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 10 Page3 of10 - AMERICAN LAND TITLE ASSO CIATION American Land Title Ass oc iation Commitment fo r Title Insurance 2021 V. 01.00 (07-01-2021) COMMONWEAL TH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: _ Michael J, Nolan, President By: _ Marjorie Nemzura, Secretary This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Cop y righ t 20 21 Am e rica n La nd T itl e A ssoc ia tion . All rights re se rved . T he use o f th is F o rm (or a ny de riva tive the reof) is re stricted to A L TA licensee s an d AL TA m e m be rs in go od stand ing as o f the date of use . All other uses a re pro hib ited. Re p rinted under lice nse from the A merica n La nd Title Assoc iatio n. Page 4 of 10 AM ER IC AN AND TITLE ASSOCIATION Page4 of 10 American Land Title Association Commitm ent for Tltle Insurance 2021 v. 01.00 (07-01-2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County , Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office's ALTA® Registry ID: 1038730 Loan ID Number: Commitment Num ber: 2023-11-1 Issuing Office File Number: 2023-11-1 Property Address: TBD Carbondale, Carbondale, CO 81623 Revision Number: SCHEDULE A 1. Com m itm ent Date : O ctober 20, 2023 8 :00 AM 2. Policy to be is sued : (a) 20 2 1 A L TA Owner's Policy Propo se d Insured: Propo sed Amount o f Insura nc e: (b) 20 2 1 ALTA Lo a n Policy Propo sed Insured: Propo sed Amount o f Insura nc e: $0 $0 3. The estate o r interest in the Land at the Comm itm e nt Da te is: fee sim ple 4. The T itle is, at the C om m itm ent D ate , vested in : Sue G o ld stein 5. The land is described a s fo llow s: The land is describ ed as set forth in E xhibit A att ache d hereto a nd m ade a pa rt hereof. COMMONWEAL TH TITLE COMPANY OF GARFIELD COUNTY, INC. 12 7 East 5th S tre et, Rifle , C O 81650 T ele pho ne : (970) 625-3 30 0 C o untersigned by : Pa trick P. B urw e ll C o mm o nw ealth T itle C o m pany of Ga rfi eld C ou nty , Inc ., Li cense #292895 C O M M O NW EA LT H LA ND TITLE INS URA NC E C O M PA NY P.O . Bo x 4 5023 , Jacksonville , FL 3 22 32 -5023 B y: _ M ichael J, Nola n, Preside nt By: _ M arjorie Ne m zura , S ecre tary This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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 . COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 C op y right 2021 A m e rican La nd T itl e Assoc iation. All rights res erv ed . The use of this F o rm (o r any deriva tive thereo f) is re stricted to AL TA licensee s and A L TA me mbe rs in good stan ding a s of the da te of use. A ll other use s are prohib ited . R eprinted unde r lic e nse from the Am erica n Land Title A ssoc ia tio n. Page 5 o f 10 AMERI CAN ND TITLE ASSOCIATION P age 5 o f 10 A m erican Land Title Association C omm itm ent for Title Insurance 2021 v . 01.00 (07-0 1-2021) SCH E D UL E B , PA RT I - Requ irements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: TBD Commitment: $150.00 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. -This is an informational only commitment and no policy will be issued hereunder. -Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B- Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Copyright 2021 American Land Title Association. All rights reserved. T he use of th is F orm (o r any de riva tive the reof) is re str icted to A L TA licensee s an d AL TA m e m be rs in goo d stand ing a s o f the date of use . All other uses are pro hib ited. R ep ri nted under lice nse fro m the A m e rica n Lan d T itle Assoc ia tion . Page 6 of 10 Page 6 of 10 AM ERICAN AND T1TIE AS SOCIATION A m e ric a n La nd T itle A ss o c ia ti o n C o m m it m e nt fo r T it le In s u ra n c e 2021 v. 01.00 (07-01-2021) SCHEDULE B, PART II - Exceptions Some historical land records conta in Discriminatory Covenants that are illegal and unenforceable by law. This Comm itment and the Policy treat any Discrim inatory Covenant in a docum ent referenced in Schedule B as if each Dis c rim ina to ry C ov en a n t is redacted, repudiated, removed, and not republished or recirculated. Only the remaining p ro v is io ns of the d ocum e nt w ill b e ex ce pted from co verage . The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are 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. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule 8, Part I-Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 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 as constructed by the authority of the United States, as reserved in United States Patent recorded on July 25, 1894 as Instrument #17522 in the official records 10. Terms, conditions and all matters set forth in Resolution recorded on June 29, 1992 as Instrument #436262 in the official records 11. Terms, conditions and all matters set forth in Resolution recorded on December 28, 1993 as Instrument #457154 in the official records 12. Terms, conditions and all matters set forth in Resolution recorded on February 2, 1994 as Instrument #458796 in the official records 13. Terms, conditions and all matters set forth in Resolution recorded on August 9, 1994 as Instrument #466955 in the official records 14. Terms, conditions and all matters set forth in Resolution recorded on February 9, 1996 as Instrument #488797 in the official records This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to Al TA licensees and Al TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American land Title Association. Page 7of10 AMERICAN ND T1TIE ASSOCIATION Page 7 of 10 A m e rica n La n d T it le Ass oc iation C o mm it m e n t fo r T it le In s u r an ce 20 2 1 v. 0 1 .00 (07 -0 1-202 1 ) 15. Terms, conditions and all matters set forth in Resolution recorded on February 9, 1996 as lnstrument#488798 in the official records 16. Terms, conditions and all matters set forth in Resolution recorded on August 20, 1997 as Instrument #512523 in the official records 17. Terms, conditions and all matters set forth in Agreement recorded on April 12, 1992 as Instrument #433216 in the official records 18. Terms, conditions and all matters set forth in Agreement recorded on June 29, 1992 as Instrument #436263 in the official records 19. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on April 6, 1995 as Instrument #476330 in the official records 20. Terms, conditions and all matters set forth in Agreement recorded on April 6, 1995 as Instrument #476329 in the official records a. Amendment recorded on July 11, 1996 as Instrument #495608 in the official records 21. Terms, conditions, provisions, obligations, restrictions, easements and right of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded on April 6, 1995 as Instrument #476327 in the official records 22. Terms, conditions and all matters set forth in Agreement recorded on August 19, 1994 as Instrument #467450 in the official records 23. Terms, conditions and all matters set forth in Resolution recorded on November 5, 1992 as Instrument #440895 in the official records 24. Terms, conditions and all matters set forth in Resolution recorded on December 13, 1994 as Instrument #472058 in the official records 25. Terms, conditions and all matters set forth in Resolution recorded on January 17, 1995 as Instrument #473462 in the official records 26. Terms, conditions and all matters set forth in Agreement recorded on August 19, 1994 as Instrument #467451 in the official records 27. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on October 31, 1996 as Instrument #500472 in the official records as amended in instrument recorded on June 4, 2008 as Instrument #7 49837 in the official records and in instrument recorded on November 26, 1997 as Instrument #516967 in the official records 28. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights Agreement and Subdivision Improvements Agreement recorded on October 31, 1996 as Instrument #500470 in the official records 29. Easement and right of way as described in document recorded on April 30, 1996 as Instrument #492247 in the official records This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (o r a ny d erivative thereof) is restri cted to A L TA lice nsee s and A L TA mem bers in good standing as of the da te of use. All othe r uses are p ro h ibited. Reprinted unde r lice nse fro m the A merica n Land T itle A ssocia tio n. Page 8 of 10 Page8of10 AMERICAN LAND TITLE ocnos A m e rica n La nd T itle A ss oc iation C o mm it m e n t fo r T it le In s u ran ce 2021 v. 01 .00 (07-0 1-2021 ) 30. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on November 26, 1997 as lnstrument#516965 in the official records 31. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on March 23, 2007 as Instrument #719512 in the official records as amended in document recorded on November 5, 2020 as Instrument #944700 in the official records and in document recorded on September 8, 2021 as Instrument #962780 in the official records 32. Easement and right of way as described in document recorded on December 31, 1996 as Instrument #503024 in the official records 33. Terms, conditions, provisions, obligations, restrictions, and all matters set forth in Bylaws recorded on March 23, 2007 as Instrument #719513 in the official records 34. Terms, conditions and all matters set forth in Resolution recorded on February 11, 2021 as Instrument #95024 1 in the official records This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITM E NT NO .: 2023-11-1 Version No.: 2023-11-1 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (o r an y deriv ative thereo f) is re stricted to A L TA licen see s a nd AL TA members in good sta nd ing a s of the da te o f use. All o the r use s are p rohib ited . Re printed unde r license from the Am erica n Land Title A ssocia tio n. Page 9 of 10 Page 9 of 10 AM ERICAN LAND TITLE ASSOCIATIO N American Land Title Association Commitm ent for Title Insurance 2021 v. 01.00 (07-01-2021) EXHIBIT "A" The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: Lot 31 Roaring Fork Mesa at Aspen Glen, Filing No. 2 According to the plat thereof recorded November 26, 1997 as Reception No. 516965 This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-11-1 Version No.: 2023-11-1 Copyright 2021 A m e rica n La nd T itle Assoc ia tion. All rights res erv ed. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page10of10 AMERICAN AND TITHE ASSOCIATIO N Page 10 of 10 A m e ric an La n d T itle Ass oc iati on C o mm it me n t fo r T it le In s u r an c e 2021 v. 01.00 (07-01-2021) AL TA COMMITMENT FOR TITLE INSURA NCE issued by COMMONWEAL TH LA ND TITLE INSURA NCE 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, Commonwealth Land Title Insurance Company, a(n) Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The use o f this Form (or a ny d erivative thereof) is re stricted to Al TA lice nsee s and A l TA m em bers in good standing as of th e da te of use . All o the r use s a re p ro hibited . R e prin ted und e r lic e nse from the Am erica n Land Title A ssocia tio n. Page 1 of 10 Page 1 of10 AMERICAN ND TITLE ASSOCIATIO N Am erican Land Title A ss ociation Comm itment for Title Insurance 2021 v. 01.00 (07-01-2021) h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment D ate under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, lice nsing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitm ent terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Com m itment Conditions; d. S chedule A; e. Schedule B, Part I-- Requirements; f. Schedule B , P art II - Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. C OMP A N Y 'S RIG HT TO A ME N D T he Com pany m ay amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encum brance, adverse claim , or other m atter recorded in the P ublic Records prior to the Commitment Date, any liability of the Com pany is lim ited by C ommitment Condition 5. The Company is not liable for any other amendment to this C omm itm ent. 5. LIM ITATIO NS O F LIAB ILI TY a. The Company's liability under Com mitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interv al between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the am ended Commitment, resulting from the P roposed lnsured's good faith reliance to: i. com ply with the Schedule B, Part I- Requirem ents; ii. elim inate, with the Com pany's w ritten consent, any S chedule B , Part II - E xceptions; or iii. acquire the Title or create the Mortgage co vered by this C omm itment. b. T he Company is not liable under Com mitm ent C ondition 5.a. if the Proposed Insured requested the amendm ent or had K nowledge of the m atter and did not notify the Com pany about it in w riting. c. The Company is only liable under Commitment C ondition 4 if the P roposed Insured w ould not have incurred the expense had the Commitment included the added matter w hen the Comm itment w as first delivered to the Proposed Insured. d. The Company's liability does not exce ed the lesser of the Proposed lnsured's actual expense incurred in good faith and described in C om m itment Condition 5.a. or the Proposed A m ount of Insurance. e. T he C ompany is not liable for the content of the Transaction Identification Data, if any. f. T he Com pany is not obligated to issue the Policy referred to in this Commitm ent unless all of the S chedule B , Part I - Requirements have been met to the satisfaction of the Company. g. The Com pany's liability is further lim ited by the term s and provisions of the Policy to be issued to the Proposed Insured. 6. LIA B ILITY OF TH E COMPA NY MU S T B E B ASED O N TH IS COM MITM ENT; C HOIC E OF LAW A N D CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A , and no other person, m ay make a claim under this Commitm ent. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. Version No.: 2023-10-22 COMMITMENT NO.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. T he use o f this F orm (or an y de rivative thereof) is restricted to AL TA lice nsee s and A l TA members in good standing a s o f the da te of u se . All o the r use s a re p ro hibited . Re printed unde r lice nse fro m the A merica n Land Title Assoc iatio n . Page2 of 10 Page2of10 AMERICAN LAND TITLE socros Am erican Land Title A ssociation Comm itm ent for Title Insurance 2021 v. 01.00 (07-0 1-2021) b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. C LA IM S PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10 . CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www .alta.org/arbitration. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or a ny de rivative the reof) is restricted to AL TA lice nsees and A L TA m embers in go od standing as o f the date of use . All othe r uses a re pro h ibited. Re p ri n ted under license fro m th e Am e rica n Land T itle A sso cia tion. Page 3 of 10 Pag e 3 o f 10 AMERICAN AND T1TEE ASSOCIATION American Land Title Assoc iation Comm itm ent for Title Insurance 2021 v. 01.0 0 (07-01-2021) COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: _ Michael J, Nolan, President By: _ Marjorie Nemzura, Secretary This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Vers ion No.: 2023-10-22 C o pyri g h t 20 21 Am e rica n Land T lt le A ssoc iation. A ll rig hts rese rv ed . T he use o f this Fo rm (or a ny d erivative the reof) is restricte d to AL TA licensee s and A LT A me m be rs in good standing as of the date of use . All other uses a re pro hibited. R ep rinte d under licens e fro m the A m e rica n Land Title Assoc iation . Page 4 of 10 AMERICAN AND TITLE ASSOCIATION Pag e 4 of 10 A m erican Land T it le A ss oc ia tion Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office's ALTA® Registry ID: 1038730 Loan ID Number: Com mitm ent Number: 2023-10-22 Issuing Office File Number: 2023-10-22 Property Address: 23 Royal Coachman, Carbondale, CO 81623 Revision Number: 2 SCHEDULE A 1. Commitm ent Date: October 20, 2023 8:00 AM 2. Policy to be issued: (a) 2021 AL TA Owner's Policy Proposed Insured: Proposed Amount of Insurance: (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance: $0 $0 3. The estate or interest in the Land at the Commitm ent Date is: fee simple 4. The Title is, at the Commitment Date, vested in: Sue Goldstein 5. The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. COMMONWEAL TH TITLE COMPANY OF GARFIELD COUNTY, INC. 127 East 5th Street, Rifle, CO 81650 Telephone: (970) 625-3300 Countersigned by: Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc., License #292895 COMMONWEAL TH LAND TITLE INSURA NCE COMPANY P.O . Box 45023, Jacksonville, FL 32232-5023 By: _ M ichael J, Nolan, President [\fl» M arjorie Nemzura, Secretary This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensee s and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under lice nse from the America n Land Title Association. Page 5 of 10 Page 5 of 10 AMERICAN swo +re ASSOCIATION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) SCHEDULE B, PART I - Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: TBD Commitment: $250.00 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. -This is an informational only commitment and no policy will be issued hereunder. -Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B- Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Tltle Association. All rights reserved. T he use o f th is F o rm (o r a ny de riva tive the reo f) is re stricted to A L TA lice nsee s an d AL TA m e m be rs in goo d stand ing as o f the date of use. All other use s are pro hibited. R ep ri nted unde r licen se from the A m e rica n Lan d T itle Assoc iation . Page 6 of 10 Page 6 o f 10 AM E RIC AN LAND TITLE AS SO C IAT ION A m e rican La n d T itle Assoc iatio n C o m m it m en t fo r T itle Insu ran c e 2021 v. 01.00 (07-01-2021) S CH EDULE B, PART 11- Exceptions S o m e his to ric a l land records conta in Discrim inatory Covenants that are illegal and unenforceable by law . This Co m mitment and the P olic y tre at any Dis c rim inato ry Co vena nt in a doc u ment referenc ed in S che dule B as if ea ch D iscrim in atory Cove nant is red acted, rep ud ia ted , re m oved , a nd not republished or rec irculated. O n ly the re maining prov isions of the doc um ent w ill be excepted fro m c ov era ge. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are 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. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 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 as constructed by the authority of the United States, as reserved in United States Patent recorded on July 25, 1894 as Instrument #17522 in the official records 10. Terms, conditions and all matters set forth in Resolution recorded on June 29, 1992 as Instrument #436262 in the official records 11. Terms, conditions and all matters set forth in Resolution recorded on December 28, 1993 as Instrument #457154 in the official records 12. Terms, conditions and all matters set forth in Resolution recorded on February 2, 1994 as Instrument #458796 in the official records 13. Terms, conditions and all matters set forth in Resolution recorded on August 9, 1994 as Instrument #466955 in the official records 14. Terms, conditions and all matters set forth in Resolution recorded on February 9, 1996 as Instrument #488797 in the official records This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The use of this Fo rm (or any derivative th ereo f) is re stricted to A LTA lice nsee s and ALT A me mbers in good standing a s of the da te o f use . All o the r use s are p rohibited . Re printed unde r lice nse from the A merica n Land Title A ssoc iatio n. Page 7 of 10 Page 7of10 AMERICAN LAND TITLE ASSOCIATION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) 15. Terms, conditions and all matters set forth in Resolution recorded on February 9, 1996 as Instrument #488798 in the official records 16. Terms, conditions and all matters set forth in Resolution recorded on August 20, 1997 as Instrument #512523 in the official records 17. Terms, conditions and all matters set forth in Agreement recorded on April 12, 1992 as Instrument #433216 in the official records 18. Terms, conditions and all matters set forth in Agreement recorded on June 29, 1992 as Instrument #436263 in the official records 19. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on April 6, 1995 as Instrument #476330 in the official records 20. Terms, conditions and all matters set forth in Agreement recorded on April 6, 1995 as Instrument #476329 in the official records a. Amendment recorded on July 11, 1996 as Instrument #495608 in the official records 21. Terms, conditions, provisions, obligations, restrictions, easements and right of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded on April 6, 1995 as Instrument #476327 in the official records 22. Terms, conditions and all matters set forth in Agreement recorded on August 19, 1994 as Instrument #467450 in the official records 23. Terms, conditions and all matters set forth in Resolution recorded on November 5, 1992 as Instrument #440895 in the official records 24. Terms, conditions and all matters set forth in Resolution recorded on December 13, 1994 as Instrument #472058 in the official records 25. Terms, conditions and all matters set forth in Resolution recorded on January 17, 1995 as Instrument #473462 in the official records 26. Terms, conditions and all matters set forth in Agreement recorded on August 19, 1994 as Instrument #467451 in the official records 27. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on October 31, 1996 as Instrument #500472 in the official records as amended in instrument recorded on June 4, 2008 as Instrument #749837 in the official records and in instrument recorded on November 26, 1997 as Instrument #516967 in the official records 28. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights Agreement and Subdivision Improvements Agreement recorded on October 31, 1996 as Instrument #500470 in the official records 29. Easement and right of way as described in document recorded on April 30, 1996 as Instrument #492247 in the official records This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The us e of this Form (o r any derivative thereof) is restr icted to ALTA lice ns ee s and A L TA m embers in go od sta nding a s of the d ate of use. A ll othe r use s are prohib ited . Re p rinted under licen se fro m the A me rica n La nd Title Assoc iation . Page8 of 10 Page8of10 AMERICAN LAND TITLE AS SOC IAT IO N A m e r ica n La n d Titl e A ss o cia tion C o m m itm e n t fo r Tit le In s u ra n c e 20 2 1 v. 0 1 .00 (07 -0 1-20 2 1) 30. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on November 26, 1997 as lnstrument#516965 in the official records 31. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on March 23, 2007 as Instrument #719512 in the official records as amended in document recorded on November 5, 2020 as Instrument #944700 in the official records and in document recorded on September 8, 2021 as Instrument #962780 in the official records 32. Easement and right of way as described in document recorded on December 31, 1996 as Instrument #503024 in the official records 33. Terms, conditions, provisions, obligations, restrictions, and all matters set forth in Bylaws recorded on March 23, 2007 as lnstrument#719513 in the official records 34. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 4, 2013 as Instrument #840243 in the official records 35. Terms, conditions and all matters set forth in Resolution recorded on February 11, 2021 as Instrument #950241 in the official records This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form ( o r an y derivative there o f) is restricted to AL TA lice nsee s a nd AL TA members in good sta nd ing a s of the da te o f use. All o the r use s are p rohibited . Re printed un de r lice ns e from the Am erica n Land Title Associa tion. Page 9 of 10 Pag e 9 of 10 AMERICAN AND TITLE ASSOCIATION A m erican Land Titl e Association C omm itm ent for Title Insura nce 2021 v. 01.00 (07-0 1-2021) EXHIBIT 'A" The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: Lot 29/30 Amended Final Plat of Lot 29 & Lot 30 Roaring Fork Mesa at Aspen Glen, Filing No. 2 According to the plat thereof recorded September 4, 2013 as Reception No. 840243 County of Garfield This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land 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. COMMITMENT NO.: 2023-10-22 Version No.: 2023-10-22 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 10 of 10 AMERICAN LAND TITLE ASSO CIATION Page 10 of 10