HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
1OB 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.U7O
www. o a rfi eld-cou nty. com
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(Io be completed bythe applicant.)) Street Address / General Location of Property: C,nLlS PHEASALIr ClKr+
cAB)Da(l. r c6 8t623
) Legal Description: Lsr ts-? , AtptS fttf> , Frr-lrcg [lo. f ,
Racrrryrul Llo. SSloCas
) Subdivision Name: ASPtp foerU) Descriptionof Proposal: EXP .rsloS op tsotr"Slryl F.'VE-,LoFE,
F Name of Propertv Owner (Aoplicant):DAVID t Slsuv &mer:
) Address: -18, Br>eP^arn [-^a,rle Telephone: -1O1. 142:,4.
> City:APBo[\,DATI-State: C-O Zip Code:Rlb?3 Ff,X:1o\-T?cl4
) Name of Olrner's Representative. if anv (Planner. Attornev. etc):
) Address: ZOI HArro STe,EEj", S.rE-RO{ Tetephone:Zo4.Q7So
) City:ClenamDar-rL State: CO Zip Code:81da73 FAIX:W.OZS7
STAFF USE ONLY
) Doc. No.: _ Date Submitted:_TC Date:
) Planner:
) Zone District:
Hearing Date:
Lasf Revised:22000
Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
Evidence of the soil types and characteristics of each type.
Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:42(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fi re district.
!f connection to a community or municipal water or sewer system is proposed, a
letterfrom the goveming body stating a willingness to serve.
The Applicant shall sign the "Agreement For Paymenf form and provide the Base
Fee of $100.00 with the application.
Provide 2 copies of the Apptication. Staff witl request additional copies once the
application has been deemed technically complete.
I have read the statements above and have provided the required attached informaUon which is
4.
5.
6.
7.
9.
corect and E'i"pr'-2d.da
applicanUowner)
GARX'IELD COIJNTY BUILDING AND PLAI\NING DEPARTMENT
AGREEMENT F'OR PAYMENT T'ORM
(Shall be submitted w ith application)
GARFIELD COLINTY (hereinafter COLJNTY) and
(hereinafter APPLICANT) agree as follows:
APPLICANT has submitted to COLINTY an application for SFCzrrS AHEI.}bE"S
- BGI . AsPrElr (rtlA) (hereinafter, TI{E PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee stucture.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICAIIT. APPLICANT aglees 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 stafftime or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permi! zoning amendmen! or subdivision
plan.
DAVh R('ItrE{
Print Name
Mailing Addrss: dq5 PflEAS{D'f
4;tPLLE t f '-'"\''r\ tE @elaz?
rcnoo4
Signature
Page 4
To:Planning & Tnnng Department
Garfield County, Colorado
David and Sandy Burden
Felntiry 17,2406
Authorization of Owners' Representative
Lot 89 Fainnray Park at AspenGlen
' From:
Date:
nsi
Wit! this letter I authorize John Muir Architects to.act on my F:eha]f in_the-afqlication for
an alnended plat for:my propgrty locbted at 0045 Pheasant Circle, Lot 89 Fairway Park at
Aspen Glen The amendea pUt-is forihe exprinsion ofthe building envelope to be
consistent with the setback cliteria contained in the underlying zonin$
r'
2OI Ivlain Siloct, $rib 3Ol, Cartodalc, Golorado 81629
7$-97tu fax (97O) ZU-@aZE-\lWk
Beachrt
Environmental, LLC
16 February 2006
Mr. Mark Bean :
Garfield County Depdrtment of Planning & Zoning
108 8th Street :
Glenwood Springs, CiO 81601
RE: Floodplain Evaluation, Lot 89, Aspen Glen, SW y4520, T7S, R88W
Dear Mr. Bean:
This is in response to, our telephone conversation on Friday 10 February 2006. ln view of
the fact that adoptionrof our floodplain analysis of October 2005 will require a Letter of
Map Revision from FEMA, we will base our evaluation of the building site on the current
Flood lnsurance Study for Garfield County, dated January 23'd, 1986.
With reference to Table 2 of the Floodway Data for the Roaring Fork River, we note that
the more stringent With Floodwav BFEs are 6026.3 and 6015.8 at Cross Sections BH
and BG, respectively, which are the sections immediately above and below the subject
property. Linear interpolation between these points indicates that the BFEs are
approximately 6021 .0 and 6019.5 at the upstream and downstream property lines,respectively. r.r r .
:, . _
These,vAlues pay be compared with the detailed site-specific topographic maps
produced from the sufvey data obtained last fall by Tuttle Surveying of Glenwood
Springs. The contours of 6019 and 6020 are well outside of the building envelope, and
the contour of 6021 ehcroaches only about 20 feet into the building envelope on the
rivenruard side.
,
ln summary, a lower floor elevation of 6022 may be considered safely above the Base
Flood Elevation. lf any of the proposed structure is to be placed where the ground
elevation is between 6020 and 6022 we recommend either fill or piers to raise the
lowermost floor elevation to 6022.
Thank you for your atlention and cooperation. Please feel free to call if you have any
questions regarding oplr analysis and conclusions.
Sincerely yours, i
RN,CEIVED
FLts 1 7 2006
r--i..{.,. -uJCOUNTY
AdILDING & PI.ANNING
_:I;,:1."
420 bean ltr.doc
517 E. Hopkins Avenue
Suite IOO
Aspen, CO 81611
Tel (97O) 9?,5-34;15
fax 925-4754
p<H
J o>h
't5n'l\o syn 'nl?
:-
a building envelope expansionfor
April6,2006 . .l
To whom it may concern:
On behalf of David anil Sandy Burden I would like to request
l#k
John Muir Arohitects, Iic.
the following property:
Lot B-9
Fairway Park at Aspen Glen ,
According to the pfat there of recorded as receplion no. 581065 '
,
t/
The proposid adjustments dre shown on the enclosed proposed plat prepared by Tpttle Surveying
and comprise the following:
Norttreast building enveloae: reduced from 20'4' to l2'4:\\
Northwest building envelope: inoreased approximately 20 degrees clockwise from its current
position i
. West building envelope: increased by connecti"g th" two\outer oorners of the existing northwest
buildirig en elope, and extendingthis line to intersect the proposednorthwet building envelope
linE /
/l
Southwest and southeast building envelope: uirchanged
Utility easements and drainage easements: tmchanged , '\),
Note that the proposeO new setbacks are consistent with the developme,lrt standards fq tlrc3l4
acre zone districf Ttris adjustmetil is request6d to allow more design flexibility and distarrce the
proposed structure fromltre floodway.\
Also attached is a letter from the Aspen Glen Homeowner's A,ssociation Dosign Revieiv
Committee suplo{ing the adjustment.
I am available for any questions. !
20 1 Main Strteet, Suib 3O4, Carturdab, Colfrrfu.&lfl?S
7O*-975O fax:
\
\
/
ffi
Aspen Glen Homeowner's Association
Design Review Committee
April6,2006
JohnMuir
John Muir Architects
201 Main StreeL Suite 304
Carbondale,CO 81623
Re: B-09 Burden Building Envelope Adjustment
via email
Dear John,
This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the
proposed building envelope adjustnent for Lot B-09/0045 Pheasant Circle in Aspen Glen
at their meeting April 5, 2006. This review reconsidered an adjustnent to the building
envelope as proposed on the set of plans dated 08130104 however titled Burden
Residence Revised Envelope 3.22.06. As presented on the plans the proposed
adjustnent does not encroach into the setbacks established for this property.
The Burdens have been working with the DRC for several months on the proposed
building envelope adjustrnent and property owners within the vicinity of the project site
were'onoticed" at the beginning of the DRC review of the adjustnent and noticed again
regarding this proposed adjustrnent iteration. No objections were noted.
The Aspen Glen DRC recommends to the Garfield County BOCC approval of the
proposed building envelope adjustnent as defined on the plans submitted for review with
the title Burden Residence Revised Envelope 3.22.06. DRC understands that the
building envelope is impacted by the flood plain and that requires a separate work effort
with the Garfield County Building and Planning Deparhnent.
Tn addition, the applicant proposes several outdoor/uninhabitable improvements outside
of the building envelope, of most significance is an at grade swimming pool. The Aspen
Glen Master Declaration of Covenants, Conditions and Restictions have been interpreted
to provide the DRC authority to review and approve certain improvements outside ofthe
building envelope: Article 2, Section 2.10 - "Improvements which are otherwise
expressly authorized by the Design Review Committee..." Therefore the DRC has
concluded that the outdoor/uninhabitable improvements outside of the building envelope
can be reviewed during the typical DRC review process that includes preliminary and
Corbondale, CO 81623 Tel: (970) 963-ii62
En ail : ll amont@ opr is. net
PO Bac 400
final review with notification to surrounding property owners and an envelope adjustnent
is unnecessary for these proposed improvements.
Final review of the residence proposed for Lot 8-09/0045 Pheasant Circle in Aspen Glen
will be scheduled for final DRC review once all reviews to adjust the building envelope
are complete.
Sincerely,
Leslie Lamont, Administator
Aspen Glen Design Review
Cc: David & Sandy Burden
PO Box 400 Carbondole, CO 81623 Tel: (970) 963-i362
Em ail : ll omont@t opris. net
2
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+JEDULE*+*
insures, as of Date of Policy shown in Schedule A, agpinst loss or damage. not exceeding fie Amount of lnsurance sureq rn runEuurs ^, -. ..---.. :d by the
insured by reason oft
l. Title to tre estate or inErest described in Schedulb A being vested other $an as sbted fierein :2. Any defect in or lien or encumbrance on fte title;
3. Unmarkeubility of fie title;
4. Lack of a right of access to and from ttre land.
The Company will also pay tre costs, attomeys' fees and expenses incuned in defense of fie title. as insured, but only to $e extent provided in the Conditions
and Stipulations.
lN WTNESS WHERE0F, the said Old Hepublic NationalTitle lnsurance Company has caused its corporate name and sealto be hereunto affixed by is duly
au$orized officers as of the date shown in Schedule A, tre policy to be valid when countersigned by an aufiorized officer or agent of ilre Company.
D(CLUSIONS FROM COVERAGE
The following matters are expressly excluded from ttre coverage of tris policl and tre Comparry will not pay loss or damage, costs. attomeys' fees or expenses
wtrich adse I reason ot
1. ld) Any law. ordinance or govemmental regulation (including, but not limited to, briilding and zoning laws. ordinances. or relulationsl resricting. regulating,
pmhibiting or relating to (i)fie occupancy, use, or enjoyment of $e land; (iil tre charaiter,. dimensions or location of any improvement now or hereafter
erected on fie land; {iii) a separation in ownership or a change in the dimensions or area of fie land or any parcel of which fte land is or was a part or (lvl
environmental protection. or the effect of any violation of fiese laws. ordinances or govemmental regulations. except to fie ocent that a notice of fte'
enforcement fiereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting tre land has been recorded in $e
public records at Date of Policy.
(b) Any govemmental police power not excluded by (a) above, except to te odent fiat a notice of $e exercise fiereof or a notice of a defect, lien orI encumbrance resulting from a violation or alleged violation affecting the land has been recorded in tre public records at Date of Policy.
2. Bights of eminent domain unless notice of fie exercise thereof has been recorded in ttre public records at Date of Policy. but not excluding from coverage any
taking which has occuned prior to 0ate of Polic,y which would be binding on the rights of a purchaser for value without knowledge.3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created. suffered, assumed or agreed to by the insured claimant
lbl not knovrn to $e Company. not recorded in tre public records at Date of Policy, butknown to the insured claimant and not disclosed in writing to the
Company fu tre inSured claimant prior to the date ttre insured claimant became an insured under ftis poliry;
(cl resulting in no loss or damage to fte insurcd claimant
(dl atbching 0r creating subsequent to Date of Policy; or
(el resirlting in loss or damage which would not have been sustained if ttre insured claimant had paid value for $e estate or interest insured by tris policy.
4. Arry claim, which arises out of fie transaction vesting in the insured fie estate or interest insured by tris polic"y, by reason of the operation of federal
bankuptcy, state insolvency, or similar creditors' rights hws. trat is based on:
(al the transaction creating the estate or interest insured I ttris policy being deemed a fraudulent conveyance or fraudulent transfefi or
(bl $e ransaction creating the estate or interest insured by tris policy being deemed a preferential transfer except where fie preferential tansfer results
from the failure:(il to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
+*SUBJECT TO THE D(CLUSIONS FHOM COVERAGE. THE EXCEPI
B.AND THE CONDITIONS AND SIPULATIONS,
OLD REPUBLIC NATI0NALTITLE INSURANCE C0MPANY, a Mi
lssued finugh tln Affice of:
I.AilO IM.E GUARAT{IEE @IIPAT{Y
1317 ffi tr{D AVBIJE $.rIE m0
e-6lru00D sPRnGq c0tonADo st60t
tlfltlglglQ o tfflt{g{ft{ fl[
OtD REPUBUC IIATIOT{AL TITLE II{SUBAIIGE COilIPAIIY
A Stock Conpany
tt00 Second Avenue Sotuth, Minneapotis, MimBsota 55101
1612)llt-1nt
L'b
0BI Forr &D - ALTA Omeds Policy 1$17-9
Land Title Guarantee Company
Ilats October 3l ,2W4
DAVID A. BURDEN AND SANDYT. BURDEN
78 BUFFALO
CARBONDALE, CO 81623
Fnclosed please find the tide insurance pollcy for your property
located at 0045 PHEASANT co 81623
The following endorsemenrs are included in this policy:
Deletion of Standard Exception(s)
Please review this policy in its entirety. In the event that you find any discrepancy, or ifyou have any questionsregarding your final title policy, you may contact Title bepartmeni ' ' '
Phone: 970-945-2610 Fax: g7}-g4547g4
Please refer to our Order No. GTF2445gg
should you decide to sell the property described in this policy, or if you are required to purchase a new titlecommitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.Land ritle Guarantee company will retain a copy of this policy so we will be able to provide future productsand services to you quickly and efficiently.
Thank you for giving us the oppornrnity to serve you.
Sincercly,
Land Title Guarantee Company
l.
,
Fonn AO/ORT LTG Policy No.LTHI244588
Our OrderNo. GTF2445gg Schedute A Amount $824,500.00
Propertv Address: 0045 PHEASANT CIRCLE CARBONDALE co 81623
Policy Date: Ocrober 14, ZC/|,4 at 5:00 p.M.
Name of rnsured:
DAVID A. BURDEN AND SANDY T. BURDEN
3' The estate or interest in the tand described or referred to in this schedule and which is covered by this policy is:
A Fee Simple
4' Title to the estate or interest covered by this policy at the date hereof is vested in:
DAVID A. BURDEN AND SANDY T. BURDEN
Ihe land refemed to in this policy is described as follows:
LOT 89
ASPEN GLEN
FILTNG NO. I
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995AS RECEPTION NO. 476330, AND THE AMENDED PLAT REb;i;ED MAY 16, 2OOI UNDERRECEPTION NO. 581065.
COUNTY OF GARFIELD
STATE OF COLORADO
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Otd Republic National ,itd. t^ronce Company
Form AO/ORT
Our Order No. GTF2u$45gg
LTG Policy No.LTHI244588
t.
2.
3.
4.
Schedule B
This policy does not irtsure against loss or damage by reason of the foflowing:
Rights or claims of panies in possession not shown by rhe public records.
Easements, or claims of easements, not shorvn by the pubric records.
Discrepancies, conflicts in boundary lines, shortage in area, encroerhments, and any facts which a correct survey andinspection of the premises would disclose and which *. .roi ,rrolvo uy the public records.
fr"fftTr'ff:frfr[?":o;r*'"tt, labor, or material rheretofore orhereafter tunrished, imposed by raw and
TAXES FO( 2OO4 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE.
TERMS, CONDITIONS, PROVI$ONS AND*RESTRICTIONS AS CONTAINED IN EASEMENTSRECORDED FEBRUARY 10, 1995 IN BOO-K 931 AT PAGE 354, IN BOOK 93I AT PAGE374, IN BOOK 931 AT PAGE 393, IN BOOK 93I AT PECE +rZ iNO IN BOOK 933 ATPAGE432.
TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF.ARFIELD couNTY- coLoRADo, coNcERNrNc flrB-espgN GLEN
'LANNED
,NITDEVELOPMENT AND OTHER UAiTTNS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92456 RECORDED JUNE 29, 1992IN BOOK 835 AT PAGE 305.
B. RESOLTJ"TION NO. g3-I2l RECORDED DECEMBER 28,Igg3IN BOOK 887 AT PAGE824.
C. RESOLUTION NO. 94-OO8 RECORDED FEBRUARY 2, Igg4IN BOOK 89I AT PAGE 620.
D. RESOLUTION NO. 94489 RECORDED AUGUST 9,
E. RESOLUTION NO. L4-I3LRECORDED DECEMBER
34s.
F. RESOLUTION NO. 95{04 RECORDED JANUARY 17,IggsIN BOOK g2g ATPAGE 64.
G. RESOLUTION NO. 96.06 RECORDED FEBRUARY g,lgg'IN BOOK 966 AT PAGE 682.
H. RESOLUTION NO. 96{7 RECORDED FEBRUARY g,lgg'IN BOOK 966 AT PAGE 686.
I. RESOLUTION NO. 96.26 RECORDED MAY 9, 1996 IN BOOK g77 ATPAGE 399.
5.
6.
1994 IN BOOK 91I AT PAGE 791.
13,I994IN BOOK 925 AT PAGE
Form AO/ORT LTG Policy No.LTH1244588
Our Order No. GTF2445gg
Schedule B
8. EASEMENTS, RIGHTS OF WAY AND OTHER MATTER' AS SET FoRTH oN THE PLAT oF- ASPEN GLEN PLANNED UNIT DEVELOPMENT NTCONOCO APRIL 6, 1995 UNDER RECEPTIONNo' 476330 AND AMENDED PLAT RECORDED rtaev ri, zoor AS REcEprroN No. 581065.
9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REYERTERCLAUSE' As C0NTAINED IN MASTER DECLARAiIoN or covENANTs, coNDmIoNs ANDREsrRIcrIoNs FoR ASPEN GLEN RECORDED APRIi oi, rsqs, rN BooK 936 AT pAGE350, FIRST SUPPLEMENTAL DECLARATION RECOROTO.'Ur-V $, IggTIN BOOK 1026 ATPAGE 161, SECOND SUPPLEMENTAL DECLARATION NECONOED NOVEMBER 26, 1997INBooK 1043 AT PAGE 850, THIRD suPPLEMENrer- ogiLARATIoN RECoRDED FEBRUARyIO' 1998IN BOOK 1053 AT PAGE 8, FOURTH SUPPr-TIAENTAL DECLARATION RECORDEDFEBRUARY l0' 1998 IN BooK l05i AT PAGE 30, FIFiH suppLEMENTAL DEcLARATIoNRECORDED MAY 1, 1998IN BOOK I.065 AT PEdC AOO, iXrH SUPPLEMENTALDECLARATION RECORDED MAY 22,IgglIN BOOi ibiiEr PAGE 58, SEVENTHSUPPLEMENTAL DECLARATIoN RECORDED Aucusii+, DsaIN BooK lo84 AT pAcE943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26,IEILIN BOOK10% AT PAGE 517' NINTH SUPPLEMENTAL DECaAR ATioN necoRDED Aucusr 17, rgggIN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTEi OECT.ERATION RECORDEDNOVEMBER 19, 1999IN BOOK IT61 AT PAGE ZSA, ELT-VENTH SUPPLEMENTALDECLARATION RECORDED SEPTEMBER 23, TSS, IN BOOK II51 AT PAGE 877 ANDTWELFTH SUPPLEMENTAL DECLARATION RECoRiE;DEcEMBER t4, tgsgrN BooK u64AT PAGE 755, AND THIRTEENTH DECLARATTON NBCONDED JULY 17,IWOIN BOOK
;;31 ff ?f,: iflr, H?ff"TIf:NrH suppr_rueNiai D EcLARArroiv nrconoED MAy 8,
IO. TERMS, CONDITIONS, PROVISIONS, OBLIGATINS, RESTRICTIONS, EASEMENTS ANDRIGHTS oF wAY As CONTAINED IN DECLARATIN or coLF racil,rrrpi- oBvetoprurNr,coNsrRUcrIoN AND OPERATIONAL EASEMENi nrtonoeo ApRrL 6, tsssrN BooK 936AT PAGE 314. ,v'\uDU ^r^rL o, ly
I I. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORETHEREFROM sHouLD THE SAME BE FouND ro peNirnarE oR rNigRsEcr rHE pREMrsEsAS RESERVED IN UNITED STATES PATENT NTCONPEO APRIL II, IB(,L,IN BOOK 12 ATPAGE I33 AND RECORDED JANUARY I1, 1983 rrvgOOi 12 AT PAGE 250.
12. AN UNDIVIDED ONE-FOURTH INT:IIi:]N AND TO ALL OIL, GAS, HYDROCARBONS ANDMINERALS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC INWARRANTY DEED RECORDED DECEMBER 26, tGtIN;ooK 314 AT pAcE 160, AND ANyAND ALL ASSIGNMENTS THEREOF OR NrgRiStS TITTNEW.
TERMS, CONDITIONS AND PROVISIONS OF SPECIAL WARRANTY DEED AND GRANT OFEASEMENT RECORDED DECEMBER 3I, 1996IN BOOK IOO5 AT PAGE 228.
Form AO/ORT
Our OrderNo. GTF2445gg
LTG Policy No. LTHI244588
Schedule B
14.
15.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THEUNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 01,1893, IN BOOK 12 AT PAGE 250.
RESERVATIONS OF A SEVEN PERCENT ROYALTY FROM AND OUT OF ALL OF THE OIL, GASAND OTHER MINERALS PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BYLILUAN I. CORYELL, PERRY C. CORYELL AND PERRY L. CORYELL IN WARRANTY DEEDRECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE:T, ENiAND ALL ASSIGNMENTSTHEREOF OR INTERESTS THEREIN.
16. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS ARESTJLT OF ANY CHANGE IN THERMERBED LOCATION BY NATURAL OR OTHER THANNATUML CAUSES, OR ALTERATION THROUGH ANY CNUSE, NATURAL OR UNNATURAL, OFTHE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORKRtvER LYING wrrHIN suBJEcr m{o; AND ANY quEsrrox As To rHE LocATroN oFsucH CENTERTHREAD, BED, BANK oR cHANNgias A LEcAL DEscRIprIoN MoNITMENTOR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJEC-T I-ANDS.
ITEM Nos' I THROUGH 3 oF THE STANDARD ExcEPTIoNs ARE HEREBy DELETED.
ITEM NO. 4 OF THE STANDARD H(CEPTIONS IS DELETED AS TO ANY LIENS RESULTINGFRoM woRK oR MATERIAL CONTRACTED FoR oR FJiNlsHBo AT THE REeuEsr oFCULPEPPER LAND AND CATTLE CO., A COLORADO GENERAL PARTNERSHIP.OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FORANY LIENS ARISING FROM woRK oR MATERIAL FURNTsHED AT THE ieau"sr oF DAVIDA. BURDEN AND SANDY T. BURDEN.
CONDITIONS AND STIPULAIIONS
' l. Definition of Terms.
The following terms when used in this policy mean:(a) "insured": the insured named in Schedule A, and, subjectto any
rights or defenses the company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, 0r corporate or
fiduciary successors.
, !b] "insured claimant": an insured claiming loss or damage.(c) "knowledge" or "known,,: actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this poricy or any other records which impart
constructive notice of matters affecting tfre land.(dl "land": t're land described or referred to in Schedule A. and
"land" does not include any property beyond the lines of fie aiea described or' refened to in schedule A, nor any right, title, interest, estate or easement in.' abutting streets, r,ads, avenues, all-ys, lanes, ways o, *atr*ays, trinotf,irg
, ;, , herein shall modify or limit the extent to which a right of access io ano trom ir,e: , land is insured byttris policy.
(e) 'mortgage": mortgage, deed of trust, trust deed, or other'. security instrument.
i. : .. , (fl 'public records": records established under state statutes at Date of.:' -' poi,rrtor the purpose ol imparting constructive notice 0f matters rerrting; rear
i;!,;,r ,'gtoReoto purchasers forvalue and without knowledge. With ,€spe;iil'-'--
ilii, ;' lectign 1 (alfivl of the Exclusions from coverage, "public records' shall arsoi.:rt,' include environmental protection liens filed in the records of the clerk of the
", : ; United States District court for the district in which the rand is located.
- -
ij," -.l: ,(ql "unmarketability of the title"; an alleged or apparent matter
t;,.. ffggtjlgtlrc title to.the land, not excluded or excepted from coverage, which
i;.,r, , ,-@urd gntrtre a purchaser of the estate or interest described in Schedule A to be
:iJl;i:relereg ffi fte obrigation.to purchase byvirtue of a contractuar conditi'n
ri:i:::: requiring the delivery of mirtetable title.
Y;i-.i t'.i.r;' :, . :':':"ii '.: '
,. ',.
'i;;iii,: :.",'2r.;;,,: :,@ntinuation of lnsunnce After Conveyance of Title.
i,ii:;ii;;;,#.rrg.rgogr ofrhis poticy shalt continue in force as of Date of poticy in
i:ii lt irfgIgi 0l ?,L [nqqpd onfy so long as the insured retains an esrate or interesi in
iilii;i.:,qeila44,,,or lplls on rldebtedness secured by a purchase money mortgage
;r'..l,1ii9t.v9n rya purchaserfrom fie insured, or only so long as the insured shal-l have
fi",11i;1,1!fltiU;!V: reas-orof covenants 0f waranty made by the insured in any transfer
i:::i:,,i,0{ ggnvgyance of the estate or interest. This policy shall not continue in force in
,.a{:i!rrJayg;t 9t fly pqrchaqer from the insured of either (i) an estate or interest in the
i:,1 "r,:,ii;land: 0f liil an indebtedness secured by a purchase money mortgage given to
i,;i,;i",fre iniure6. r;,
'';i:i;';i'l'#','';:'':':' l '; ;. '
;,i#;;3rr:itV, qtrae' o,f Ctiiii n te Ouen by tnsured Ctainant. , , , ,';liii,
;i^.^. r:llt lnsured shgll notify the Company promptty in writing {i) in case of any
i ,1 ,s;, !!I$a!lon:?l sPI forth in Section 4(a) below, (ii) in case knowlbdge shall come to
l .iI;;"1I msurgq hereunder of any claim of title or interest which is adverse to ths , :
r-irili,rlltl9,1q-tlte€state or int€rest, as insured, and which might cause:lois or damaoe'
;,11i,-rfo[rvhighrhecompanvmayberiabrebyvirtueotttrisiticy,'oriiii]iititra-io'inli,r.
i .;,: e*te of interest as insured, is rejected as unmarketable. lf prcimpt nothe shall
-
,,itino.ll9 sirgn to the company, then as to the insured ati tiatitiii oritr'corbrnr'l '
:'rl i'$?f lterminate with regard to the matter or matters for.which promrit notice is-'
,: ,: +:re4uiEd; pr:ovided, however, that failure to notify the Comprnfrf,iiiin ffi;
1;r i; PJejudherhe rights of any insured under this poricy unless'ttretcompany shaiL'
r ;x., De pr-ejudiced by the failure and then only to the extent of the prejuuice.:;|r.it' .' ji :...' ' t'-,::'--'
ii" lgfenie nd Prosualtion of Actions: Duty of tnsured Chimant to:j:: '- Coopente.
'.1, .,* ,:', lrl.; Uqon writtenrequest by the insured and subject to the options1r;:r' contained in sbction 6 ofthese c*oitirn, ,rJsiipri.tio*, tn. c*o* o,o
i,it , 9n, .og tnd without unreasonable delay, shall provide for the defense of an;t lt':..lit'.liigalion inwhich arvtr,ir.a p.iiyl;*,'n:,, a.i,,arr*ffi;;ii,
ffi#$j,*'u..*i.':,......-.,1:..-,.,,.]
or interest as insured, but only as to those stated causes of action allrging.
*
defect, lien or encumbrance or other.matter insured against by tnis poli-cy. rne
company shall have the right to serect counser of its choice (siuject to ttre right
of the insured to object for reasonabre cause) to represent the iniured as to
those stated causes of action and shafl not be riabre for and wilr not pay the
fees of any other counsel. The Company will not pay any fees, costs or
'
expenses incurred by the insured in the defense of those causes of action which
allege matters not insured against by this policy.
(b) The Company shall have the right, at its our cost, to institute and
prosecute any action or proceeding or to do any other act wlrich in its opinion
may be necessary or desirable to establish the title to $e estate or interesL as
insured, or to prevent or reduce ross or damage to the insured. The comffi--
may take any appropriate action under the terms of this policy, whettrer or not it
shall be liable hereunder, and shall not thereby concede liabiiity or waive anv
provision of this policy. lf the company shalr exercise its rights under this
paragraph, it shall do so diligently.(cl whenever the company shalr have brought an action or interposed a
defense as required or permitted by the provisions of ttris poticy, the company
may pursue any litigation to final determination by a court of competent
iurisdiction and expressly reserves the right in its sole discretion, b appeal
from any adverse judgment or order.(d) ln all cases where this poliry permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the inslred
shall secure to the company the right to so prosecutsor provide defense in
the action or proceeding, and all appeals therein, and permit the Company to ,
use, at its option, the name of the insured for this punose. Whenevei
requ-ested by the Company, the insured, at the Company,s expense, shall give ,
the Company all reasonable aid (i) in any action or proceeding, securing
-
evidence, obtaining witnesses, prosecuting or defending the action or
-
proceeding,oreffectingsettlement,and(iilinanyotheilawfulactwhichin
the opinion of the company may be necessary or desirabre to estabrish the :
title to the estate or interest as insured. lf the Company is prejudiced by the
failure of the insured to furnish the required coopeiation, ttre i;ompany,s
obligations to the insured under the policy shall terminate. including any
liability or obligation to defend, prosecute, or continue any ritigation', with
regard to the matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
ln addition to and after the notices required under Section 3 of fiese
conditions and stipurations have been provided the company, a proof of loss or
damage signed and sworn to by the insured craimant shafl be fumished to fie
company within g0 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the
defect in, or lien or encumbrance on the title, or ottrer mattei insured against by
fris policy which constitutes the basis of ross or damage and shail stati, to fre
extent possible, the basis of calculating the amount of the loss or damage. lf
the company is prejudiced by the fairu[ of the insured craimant to provide the
require! proof of loss or damage, the Company.s obligations to the insured
under the policy shall terminate, incruding anyriabirity or obrigation t0 defend,
prosecute, or continue any litigation, with regard to the matter or matters
requtnng such proof of loss or damage., !n addition, the insured craimant may reasonabry be reguired to submit to
examination undei oath by any authorized representaiive of ihe Company and
shall produce for examination, inspection and copying, at such reasonabL times
and places ap may be designated by any authorirli
"pirrrnutive
of rhe
Company, all records, books, ledgers; checks, correspondence and memoranda,
whether bearing a date before or after Date of poricy. which reasonabry pertain
to the loss or damage. Further, if requested by any authorized represeniative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records. books, ledgers, checks, conespondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
lContinued a iMde buk mver.)
(Continued fron inside front cover.)
' informition designated as confidential by the insured claimant provided to the
company pursuant to this Section shail not be discrosed to ,thers unless, in the
reasonable judgment of the company, it is necessary in the administration of
the claim. Fairure of the insured craimant to submit for examination under oath,
produce other reasonabry requested information or grant permission to secure
reasonabry necessary information from third parties as required in this paragraph
shall terminate any riability of the company under this poricy as to that crairi. '
6. 0ptions to Pay or 1theruise settre craims;Termination of Liabitity.
ln case of a claim under this poricy, the company shail have the tottowing
additional options:
(al Jo Pay or Tender payrnent of lhe Amount of lnsurance.
To pay or tender paffi nder thispolicy,togetherwithanycosts.att0rneys,feesandexpenSesincurredbythe
insured claimant, which were authorized by the Company, up to the time of
payrnent oi tender of payment and which the company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this poricy, other than to make the payment
required, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall be surrendered to the
Company for cancellation.
(bl To Pay or Otherwise setrre witr parties 0ther Than the rnsured or
{il t0 pay or ofieruiie settte wittr other parties for or in the name
of an insured claimant any craim insured against undeithis poricy, togetrerwiitr
any costs, attomeys'fees and expenses incurred by the insured claimant which
were authorized by the company up to the time of payment and which the
Company is obligated to pay; or(ii) to pay or othenrise settre with the insured craimant the ross or
damage provided for under this poriry, together with any costs, attorneys,fees
rd expenses incu,ed by ttre insured craimant which were authorized by thei ,ompany up t0 the time of payment and which the Company is obligatei to pay.
upon the exercise by the company of either of the options prwided foi in
paragraphs (b[i] or (iil. ttre company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend. prosecute,
or continue any litigation.
7. Determination, Extent of Liabitity and Coinsunnce.
Tlis policy is a contract of indemnity against actuar monetary ross or
damage sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this poricy and onry to the
extent herein described.
. (al The liability of the Company under this policy shall not exceed the
least of:(i) the Amount of lnsurance stated in Schedule A; or,(iil the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject t0 the
defect, lien or encumbrance insured against by this policy.(bl ln the event the Amount of rnsurance staied in schedure A at the
Date of Policy is less than B0 percent of the varue of the insured estate or
interest or fie full consideration paid for the land, whichever.is less, or if
subsequent to the Date of poriry an improvement is erected on the rand which
increases the varue of the insured estaie or interesr by at reast 20 percent over
the Amount of rnsurance stated in schedure A, then this poricy is subject t0 thefollowing:(il where no subsequent improvement has been made. as to anypartial loss, the Company shall only pay the loss pro rata in the proportion that- cm,unt 0r rnsurance at Date of poricy bears to the totar varue of the insured: or interest at Date of policy; or(ii) where a subsequent improvement has been made, as to any
f|til_Eq: Company shail onty payihe toss pro rata in ttre proportion thatlzu percent 0f the Amount of lnsurance stated in Schedule A bears to the sumoJ the Amount of rnsurance stated in schedure A and the amount expended forfte improvement
and expenses for which the company is riable under this poricy, and shail onry , ,
'
apply to that portion of any ross which exceeds, in the aggregate, r0 percent ;f r'r.
10. Reduction of lnsurance; fleduction or Termination of Liability.
All payments under this policy, eraept payments made for costs. attomeys'
fees and expenses, shall reduce the amount of the insurance pro bnto.
1l . Liability Non-cunulative.
It is expressly understood that the amount of insurance under fris poricy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage t0 which exception is taken in schedule B or to which fre insured
-
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
refered to in schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. PaymentofLoss.
. (al No payment shall be made without producing this policy for
endorsement of the payment unless the policy has beenlost or destroyed, in
which case proof of loss or destruction shall be fumished to the satisfaction of
the Company.
-. lbl When liability and the extent of loss or damage has been definitely
fixed in accordance with these conditions and stipulations, the loss or damaje
shall be payable within 30 days thereafter.
13. Submgation llpon Payment or Settlenent.
Fl The Cgmp_any's Hight of Subrogation.
Whenever the Company shall have settiEE-and paid a claim under fris
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
Ihe Company shall be subrogated to and be entitled to all rights and
temedies which the insured claimant would have had against any person or
pmperty in respect to the claim had tris policy not been issued. lf requested @fie Company, the insured claimant shall transfer to fte Company all rights and
(Continued fron inside cover.)
remedies against.ary pe.rs:l 0r property necessary in order to perfect this right ofsubrogation. the insured daimant shail permit the c,mpany to sue, compromise
or settre in the name of the insured craimant and to use the name or tne insureoclaimant in any transaction or litigation involving these rights or remedies.lf a payment on account of a claim does riot fully cover the loss of theinsured claimant, the Company shall be subrogatedto these rights andremedies in the proportion which the Compani,s payment tears to the wholeamount of the loss.
lf loss should result from any act of the insured claimant, as stated above,that act shall not void this poliry, but the Co*prry, i, U.l.t event, shall berequ.ired to pay onry that part of anyJorsgs inr'*ri'rgrinst by this poric,y whichshall.exceed the amount, if any, lost to Ur-e Companyil reason of theimpairment by the insured craimant of tle companfjght of subrogation.
^. ^.1?,. *,,exist and sha, include, without limitation, tir, ,idt, oi;, insured toindemnities, guaranties, other poricies ot insur,a,ice oilinds, notwithstandingany terms or conditions contained in those insruments which provide forsubrogation rights by reason of this policy.
14. Arbitration.
_ -, ynhrr. prghibited by appl icable law, eifier fre Comparry or fte insuredmaf demand arbitration pursuant to fte Titre tnsurance ninit ation Hures of fteAmerican Arbitration Association. Arbitra,e matters ,rV inrtrO., but are notlimited to, any contmversy orclaim. tetween ttre iomffi rnA fte insuredarising out of or rerating to ttris poriry, any service of ihe bompany in connectionwith its issuance or $e breach ot a potiryprwition oiot'., obrisiiirr. Ail-"-"arbitrable matters when the Amorni ot lnsuranc. is iimi,ooo or lrss shall bearbitrated at the option of eitrer tre company oi ttrelr*ro. A, arbitrabrematters when the Amount of lnsurance is'in excess oi$-t.000,000 shall bearbitrated onty when agreed to by botfr ttre d;;il;;e insured.\rbitration pursuantto this poriryand *dr.th; n;i;iri#e* on m aate *re
demand for arbitration is m_ade or, at the option of the insured, the Rules fieffect at Date of policy shallbe binding rpon tt, prrtlr. Ihe award mayinclude attorneys' fees onry if the raws-oithe rir,!]r'*ni.r, fte rand is rocatedpermit a court to award attorneys,fees to , prr*iting party. Judgment upon theaward rendered by the Arbitrator(sl may be dntr"J i,i rny ,ourt havingjurisdiction thereof.
The raw of the situs of the rand sha, appry to an arbitration under ttre Titrelnsurance Arbitration Butes. A copy of th, ffi; ;; ;l obuined from theCompany upon request.
15. Liahility Limited n this policy; policy Entire Contnct
, , (al This poricy together with ,rr ,i,ruonrr.nrr,ii any. attachea hereoby the company is tre entire poriw rno ronrrrt'd;;, ilre insured and the
iomlanv, tn interpreting any provision oitr;;;ffiil poliry shalt beconstrued as a whole.
(b) Any claim of loss or damage, whether or not based on negtigence,and which arises out of fie sutus of t're title toth; ;sEL or intercst correredhereby or by anv action asserting ,*r, ,Lir. ,t riii, ,ilri.uu to tris poriry.(cl No amendment of 1lfrfr1n.erri;ililiry *n be made orceptby a writing endorsed hereon or atmched hereto r,soll;y rit*tre presidant
a Vice President, the Secret
nutrorizea ffi .| ffi;1];'r:Assistant
Secrebry. or Validating gffi ceror'
16. Sevenbitity.
. ln ttre eveni any provision of tre poliry is held invalid or unenforceableunderthe appticable taw, the poticy sr,rrr oJ ar*ra:;;;;;iirdr;;"-"
provision and ail ofter provisions sirafl rem.ilir]0riruiaa*r;;;tir;"'
17. Notices, Where Sent
. .
All ,oti.rt
"qrirJ io Ue givbn t e Company and any samment in writing?equired to be tumished the Company shril #d;li; ilberof tris poticyand shatt be addressed to its Home dffice: 400'a;;il;;;nue Soudr,Minneapolis, Minnesota 55401, (6lZ) 371-l t I r -
----'- ' "-
.
, ,-',,. j,,a&:;,
,[.ljll!|lll illJl! illltilr]lfli,lii[] ilt ilil il] ffit661731 to/t4/2oo4 oz:z3p aiesi-FiAz m hr-iobir -'
7 of 4 R 21.00. D_ gz.4s Glllfln^couNrv co
a,
w
Fited for record the .day of_,A.D. _,at orctockReception No.
WARRANTY DEED
THISDEED, l,tade on this day of October 13 , 200L between
cuIJpEppER IrAtlD AND CATTLE Co. , A corroRADo epwsRAL pARTNERsHrp
county of GARFTEtD and state of coLoRADo , of the crantor(s), and
DAVID A. BURDEN AND SANDY T..BURDEN
whose [ega[ address is :of the
DOLLARS
L
By
of the
the receipt and sufficiency of which is hereby acknowtedged, has granted, bargained, sotd and conveyed, and by thesepresents does grant, bargain, sett, convey and confirm unto the Grantee(i), their heirs and assigns foiever, '
not in tenancy in cormon but in joint tenancy, atl._the_reJl1:Jgperty, togeiher uith improvements; if uny, "itu"t.,
WITNESS, That the Grantor(s), for and in consideration of the sum of ($824,500.00 )*** Eight Hundred Twenty Four Thousand Fl-ve Hundred and 00/100 ***
lying and being in the county of GARFIELTD and State of Cotorado, described as fottor.rs:sEE EXHIBIT rAn MED_EEMTo AIiID I,ffiE=:FEE,TIIE-REoF
CULPEPPERLAND AND CATTLE COMPANY
STATE OF
County of GARFIET.D
My conmission expires
l'litness my hand and
LegaI Description (c. R.
Title slt4ot
atso known as street number oo45 pHEAseNi crncr.s CARBoIIDALE co g1d23
TOGETIIER Hith att and singutar and hereditaments and appurtenances thereto betonging, or in anywise appertainingand the reversion and revensions, remainder and remainders, rents, issues and profits thereoi; and att the estate, righititte interest, ctaim and demand whatsoever of the Grantoris), either in taw or equity, of, in and to the above birgainedpremises, t.tith the her.editaments and appurtenances;
TOHAVEANDToHOLD the said premises above bargained and described with appurtenances, unto the crantee(s),their heirs and assigns forever. The crantor(s), for himsel.f, his heirs and personai'representaiives, does.or"n"ni,'grantbargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the enseating and detiveryof these presents, he is wetI seized of the premises above conveyea, nas good, sure, perfect, absotute aid indefeasibl,eestate of inheritance, in.taw, in fee.simpte, and has good right, ful.l. power ina tawflt authority to grant, bargain,set[ and convey the same in manner and form as aforesaid, and that the same are free and ctear tlom alt foimei ana otnergrants, bargains, sates, Iiens, taxes, assessments, encumbrances and restrictions of whateven kind or nature soever,BXCEET AENBRAL r XES tND l.ggEgSriEDrS EOR rBE YA E 2OO4 rXD .gUBSBpUArflr yaARa tlID SgBiIBcjt ro rrosa r7]!fl/4t ls gB1r F1RrE oNExr:Drr .SL ttvte,cazo EERBTo aND rmcoaDon rED rrrtRaru.g
The Grantor(s) shatl' and r{itt LTARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceabtepossession of the Grantee(s), his heirs and assigns, against ail. and "v"ry p"rson or persons Lawfutty ciaiming the uhoteol any part thereof. The singular number shatI incl,ude the pturat, and the pl,ural, the'singutar, and the use oi any gendershatt be appticabLe to atl genders.
INWITNESS WHEREOF the crantor(s) has executed this deed on the date set forth above.
)
)sd.r') -
The foresoing instrunent uas acknorteUse{!q19ry me on this day of October 13, 2004by !{ICHAEL W. ELKINS, GENERAL PARTNER OE' CULpEppER '
Itg',
001@r4 Ll
to: DAVID A. BURDEN AND SANDY I. BURDEN
78 BUFFALO LANE, CARBONDALE, CO 81623(Joint Tenants) (6lj4BS]
LOT 89
ASPEN GT,EN
FILING NO. 1
ACCORDING TO THE
AS RECEPTION NO.
NO. 58105s.
E)CIIBIT A
PTJAT THEREOF RECORDED APRIL 5, 1995
47 6330, AI{D TIIE A}IENDED PIJAT RECORDED
COI'NTY OF GARFIELD
STATE OF COIJORADO
I L]il lltil lllllll lll lllll lllll lllllll lll lllll llll llll
561731 l@/14/20042ol 4RZl.O@D
@2223P 81631 Pl48 l'l RLSD0RF
82.45 GRRFIELD COUNTY CO
GTF244588
MAY 15, 2OOL UIIDER REEEPTION
frlwf=
Form EXHIBITA 01117103
illlilr lilr il]ll lll lllll lllll lllllll lil lllluu Lulbeizgt Lo/1.4/zoo4 @2223P 81631 P149 l'l RLSDoRF
3 of 4 R 2t.OO D 82.45 GRRFIELD COUNTY C0
E)GIBIT b Our Order No. GTF244588
TERMS, CONDITIONS, PROVISIONS AND RBSTRTCTIONS AS CONTAINED TN
EASEMENTS RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 354, IN BOOK
931 AT PAGE 374, IN BOOK 931 AT PAGE 393, IN BOOK 931 AT PAGE 412 AND
IN BOOK 933 AT PAGB 432.
TERMS AND CONDITIONS OF RESOLUTIONS BY TTIB BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN
PLANNED UNIT DBVELOPMENT AND OTHBR MATTERS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92-056 RECORDBD JUNE 29, 1992 IiV BOOK 835 AT PAGE
30s.
B. RESOLUTION NO. I3-IIIRECORDED DECEMBER 28,Igg3IN BOOK 887 AT
PAGE 824.
C. RESOLUTION NO. 94-OO8 RECORDBD FEBRUARY 2, Lgg4IN BOOK 89I AT PAGE
620.
D. RESOLUTION NO. 94-089 RECORDED AUGUST 9,I994IN BOOK 911 AT PAGE
791.
B. RESOLUTION NO. g4-I3g RECORDED DECEMBER L3,Igg4IN BOOK g25 AT
PAGE 345.
F. RESOLUTION
64.
G. RESOLUTION
682.
H. RESOLUTION
686.
NO. 95,004 RECORDED JANUARY 17 , l995IN BOOK 929 AT PAGE
NO. 96-06 RECORDED FEBRUARY g,Igg6IN BOOK 966 AT PACE
NO. 96-07 RECORDED FEBRUARY g, Igg'IN BOOK 966 AT PAGE
I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 tN BOOK 977 AT PAGB 399.
EASEMBNTS, RIGHTS OF WAY AND OTI{ER MATTBRS AS SET FORTH ON THE PLAT OF
ASPEN GLBN PLANNED UNIT DEVELOPMENT RECORDED APRIL 6, L995 UNDER
RECEPTION NO. 476330 AND AMENDED PLAT RECORDED MAY 16, 2OO1 AS
RECEPTION NO. 581065.
}
RESTRICTIVE COVBNANTS, W}IICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CI/,USE, AS CONTAINBD IN MASTBRDECLARATION OF COVENANTS, CONDITIONS
AND RESTRIMIONS FORASPEN GLEN RECORDED APRIL 06,1995,IN BOOK 936
AT PAGE 350, FIRST SUPPLBMENTAL DECLARATION RBCORDED JULY 15, 1997IN
BOOK 1026 AT PAGE 161, SECOND SUPPLEMBNTAL DECLARATION RECORDED
NOVEMBER 26, L997IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL
DECLARATION RECORDED FEBRUARY 10, 1998IN BOOK 1053 AT PAGE 8,
FOURTH SUPPLEMENTAL DECLARATION RECORDBD FEBRUARY 10, 1998 IN BOOK
1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECI.ARATION RECORDED MAY 1, 1998
IN BOOK 1065 AT PAGE 8OO, STXTH SUPPLEMENTAL DECLARATION RECORDED MAY
22,1998IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECI.A.RATION
RECORDED AUGUST 24,I998IN BOOK 1084 AT PAGE 943, EIGHTH
SUPPLEMBNTAL DECLARATION RECORDED OCTOBER 26, 1^9gA IN BOOK 1094 AT
PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 TN
BOOK 1145 AT PAGE 680, TENTH SUPPLBMBNTAL DECLARATION RECORDED T
NOVEMBER 19, 1999 IN BOOK 116I AT PAGE 293, ELEVENTH SUPPLEMENTAL
DECLARATION RECORDBD SEPTEMBER23, 1999IN BOOK 115T AT PAGE 877 AND
TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999IN BOOK
tt tiltZ
ll ilmilil]llllililil
661734of
ililt llilil l[ ]lil [il] ililrL tO/14/2OO4 02:23P 816314 R 2T.O@ D 82.45 GRRFIELD
P15O I'I RLSDORF
COUNTY CO
EXHIBIT b Our Order No. GTF244588
1164 AT PAGB 755, AND THIRTEBNTH DBCLAMTION RECORDED JULY 17,2OOO
IN BOOK 1197 AT PAGE 740, AND FOURTEENTH SUPPLEMENTAL DECLARATION
RBCORDED MAY 8,2003 IN BOOK 1467 AT PAGE 910.
TERMS, CONDITIONS, PROVISIONS, OBLIGATINS, RESTRICTIONS, EASBMENTS
AND RIGHTS OF WAYAS CONTAINED IN DECLARATIN OF C'oLF FACILITIES
DEVELOPMENT, CONSTRUCTION AND OPBRATIONAL EASBMENT RECORDED APRIL 6,
1995 IN BOOK 936 AT PAGE 3I4.
RIGHT OF PROPRTETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR TNTERSECT THE
PREMISES AS RESERYED IN UNITED STATES PATENT RECORDED APRIL II, 1892,
,IN BOOK 12AT PAGE I33 AND RECORDED JANUARY 11, 1983IN BOOK 12 AT
PAGE 250.
AN UNDIVIDED ONE-FOURTH INTBREST IN AND TO ALL OIL, GAS, HYDROOq.RBONS
AND MINERALS OF BVERY KIND AND NATUREAS RESERVBD BY CAESARJ. CHUC
IN \IARRANTY DEED RECORDBD DECEMBER 26,I958IN BOOK 314 AT PAGE 160,
AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERBSTS THEREIN.
TERMS, CONDITIONSAND PROVISIONS OF SPECIALWARRANTY DBED AND GRANT OF
EASEMENT RECORDED December 3t,I996IN BOOK 1005 AT PAGEZ}B.
6
RIGHT OF WAY FOR DITCHES OR Oq,NALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November
01, 1893, IN BOOK 12 AT PAGE 250.
RESERVATIONS OF A SEVEN PERCENT ROYALTY FROM AND OUT OF ALL OF THE
OIL, GAS AND OTHER MINERALS PRODUCBD AND SAVED FROM SAID LANDS AS
RESERVED BY LILLIAN I. CORYELL, PERRY C. CORYELL AND PERRY L. CORYELL
IN }VARRANTY DEED RECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE 33, ANY
AND ALL ASSIGNMENTS TI{EREOF OR INTERESTS THEREIN.
ANY QUESTION, DISPUTE OR ADVEFSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND
AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR
OTHER THAN NATI.'RAL CAUSES, ORALTERATION THROUGH ANY CAUSB,'NATURAL
OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF \ryATERS
IN THE ROANNG FORK RTVER LYING WITHIN SUBJBCT LAND; AND ANY QUESTIONAS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNru AS E
LEGAL DESCRIPTION MONUMENT oR MARKER FoR puRposEs oF DEScRTBING oR
LOCATING SUBJECT LANDS.
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