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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISIONS O Sketch Plan O Preliminary Plan ❑ Preliminary Plan Amendment ❑ Final Plan/Final Plat M Final Plat Amendment ❑ Conservation Subdivision Yield Plan O Common Interest Ownership Community DIVISIONS OF LAND APPLICATION FORM TYPE OF EXEMPTIONS ❑ Minor Exemption ❑ Major Exemption ❑ County Road/Public ROW Exemption ❑ Rural Land Development Exemption ❑ Final Plat Amendment ❑ Time Extension INVOLVED PARTIES Owner/Applicantp_.._ Name: Weber Living Trust c/o John Weber Phone. 1602 } 412-7851 Mailing Address: 9683 East Mariola Way City: Scottsdale E-mail: weberjohn@remyinc.com State: AZ Zip Code: 85262 Representative (Authorization Required) Name: Dan Gruenefeldt Phone: (970 ) 379-6565 Mailing Address: PO Box 1910 City: Basalt State: CO Zip Code: 81621 E mail: dan@gruenefeldt.com PROJECT NAME AND LOCATION Project Name: Amended Final Subdivision Plat - Combining Lots & Building Envelopes - Aspen Glen Lots F I and F2, Filing One Assessor's Parcel Number: 2393-203-05-002 and 2393-2Q3-05-OOj Physical/Street Address: 0009 and 0031 River Park Drive Legal Description: Aspen Glen Filing No. 1 Section 20 T7S, R88W Zone District: PUD - 1 / 2 zone district Property Size (acres): 1.423 Project Description Existing Use: Two vacant platted parcels that were created when the Aspen Glen PUD Filing No. i was platted and recorded. Proposed Use (From Use Table 3-503): One single family residential unit. Description of Project: The two Tots are proposed to be combined into one lot and the two building envelopes merged to form one building envelope. The building envelope will be adjusted to create a total combined building (24,999 square feet) that does not exceed the total of the two envelopes before beim: combined (24,999 square feet). One single family home is proposed on the combined Tots. Development of the home will meet all zone district requirements of the Aspen Glen PUD I / 2 acre zone district. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking i Single Family I i i 1.423 per AG Guidelines i 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: 4-203 Section: Section: Section: Waiver of Standards B The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: 7 Divisions 2 and 3 Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (L_.�-, C �J ear c? ,,vim i ? Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ Fee Paid: $ Attachment D GARFIELD COUNTY Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-203-05-002 2393-203-05-001 PROJECT: Amended Final Subdivision Plat -- Combining Lots & Building Envelopes OWNER/APPLICANT: John Weber & Weber Living Trust REPRESENTATIVE: Dan Gruenefeldt DATE: May 24, 2013 PRACTICAL LOCATION: Lots F-1 and F-2 Aspen Glen Filing No. 1, approximately 3 miles north of the Town of Carbondale, located at 0009 and 0031 River Park Drive, in Section 20, T7S, R88W. TYPE OF APPLICATION: Subdivision - Amended Final Plat ZONING: PUD (Planned Unit Development) I. GENERAL PROJECT DESCRIPTION The Applicant is planning to request an Amended Final Plat to combine Lots F-1 and F-2 Aspen Glen Filing No. 1, eliminating the common lot line and allowing development of the property as a single lot. In addition to eliminating the lot line, related adjustments to the overall building envelope, utility easements and drainage easements may be necessary. The property is currently vacant and plans are for new construction of a single family residence. The Application submittals will need to address the building envelope - setback issue along with confirmation that all easements and utilities that may be located within easements being vacated are properly relocated or addressed. This may require referrals to affected beneficiaries of the easements. Referral to the Home Owners Association (HOA) or Design Review Committee is also typically required and may help address some of the easement issues. ATTACHMENT C PAGE 2 Ella J. Chase 1/50 interest in deed recorded 6/12/51 in 800k 258 at Page 594. Effects: That portion of Lots 6 and 7, Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River. William Walter Gentry AKA William Gentry All reserved in deed recorded 5/8/50 in Book 250 at Page 271. Effects: Lots 2 and 5, Section 13, township 7 South, Range 88 West of the 6th Principal Meridian. United States of America All uranium, thorium or other material essential to the production of fissionable materials "'served in Patent recorded in Book 285 at Page 161. Effects: NE1/4NW1/41, and Lots 19 and 20, Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. The Applicant's representative has already provided documentation of the Aspen Glen Design Review Committee review of the proposed plat amendment including their conditional approval of the request. I1. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Unified Land Use Resolution of 2008 as amended apply: • 5-304 — Amended Final Plat Review • Tables 5-102 Common Review Procedures and Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review • Article 7, Divisions I, II, and I11 as applicable • Section 4-117 Waivers from Standards and/or Section 4-202 Waivers from Submittal Requirements as necessary As a convenience outlined below is a list of information typically required for a submittal: • A narrative describing the request and related background information. n Proof of Ownership (title work or copy of a deed) and information on lien holders if any. • Names and mailing addresses of property owners within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. • If owner intends to utilize a representative then a letter of authorization is needed. • A copy of the Pre -Application Summary needs to be submitted with the Application. • Submittal of the Application Form, Fees and signed Payment Agreement Form. • The proposed Amended Subdivision Plat showing the existing and proposed lot tines, building envelope, and easements adjustments. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed amended plat. A Vicinity Map. • In regard to Article VII, the Application may include requests for waivers (Section 7- 117 and 4-202), representations regarding the applicability of certain standards, and/or demonstration of previous compliance. • A waiver request from submittal of an Improvements Agreement is common for this type of application. III. REVIEW PROCESS The review process shall following the steps contained in Section 4-103 for an Administrative Review including: Preapplication meeting, Submittal of Application (3 hard copies and one digital copy), Completeness Review, additional submittals .and referrals, setting a date for the Director's Decision, public notice to property owners within 200 ft. and mineral rights owners on the subject property (15 days prior to the Director's Decision), the Director's Decision including any conditions, a Call-up Period, finalizing the amended Final Plat and satisfaction of any conditions, circulation for Applicant & other signatures. The Board of County Commissioners will typically consider the plat for signature as a consent agenda item once it is fully executed. Public Hearing(s): Referral Agencies: X None X Director's Decision with Public Notice Planning Commission _ Board of County Commissioners ___.. Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Aspen Glen Homeowners Association — Design Review Committee, Utility Providers. IV. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate, $40.50) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: ,/L Glenn Hartmann, Senior Planner 6A173 Date ATTACHMENT C PARCELNB LOT_1 NAME CAREOF ADDRESS1 ADDRESS2 CITY STATE ZIPCODE 2.3932E+11 E-45 E M Y PARTNERS, LTD 22617 E IDA AVENUE AURORA CO 80015 2.3932E+11 B-10 BURDEN, SANDY T 45 PHEASANT CIRCLE CARBONDALE CO 81623 2.3932E+11 E-44 HACKER, DOUGLAS A & LINDA C 18172 LAGOS WAY NAPLES FL 34110 81224 2.3932E+11 E-43 BAXTER, DAVID A PO BOX 1112 CRESTED BUTTE CO 2.3932E+11 F-1 WEBER LIVING TRUST 7676 EAST BALAO DRIVE SCOTTSDALE AZ 85266 2.3932E+11 E-42 GAULT, JAMES L AND MARGARET E LIVING TRUST DTD 14 GRETCHEN PLACE GREENBRAE CA 94904 2.3932E+11 E-41 ADAMS SPOUSAL LIFETIME ACCESS TRUST 5414 5 EMPORIA COURT GREENWOOD VILLAGE CO 80111 2.3932E+11 F-2 WEBER, JOHN 7676 EAST BALAO DRIVE SCOTTSDALE AZ 85266 2.3932E+11 F-11 JEWELL, CHAD B & LORI A 26 BUCKSKIN DRIVE CARBONDALE CO 81623 2.3932E+11 F-3 KARNES, EVAN B II & PIOLI, JANET A 209 SUNSET RIDGE ROAD NORTH FIELD IL 60093 2.3932E+11 F-10 B S, LLC 162 W SIXTH STREET GLENWOOD SPRINGS CO 81601 2.3932E+11 F-4 BARTLOMIEJCZUK, STANISLAW & ALEKSANDRA 162 W 6TH STREET GLENWOOD SPRINGS CO 81601 2.3932E+11 F-9 KILLEBREW, JASON & NICOLE A 62 RIVER PARK LANE CARBONDALE CO 81623 2.3932E+11 F-8 OUZTS, JOHNIE M RESIDENTIAL TRUST 3570 ENTRADA DEL SOL TUCSON AZ 85718-6030 2.3932E+11 HOMEOWNERS ASSOCIATION AT ASPEN GLEN 0080 BALD EAGLE WAY CARBONDALE CO 81623 Mineral Interests as found on the Aspen Glen Plat Filing No, 1 Dated 12/01/94 Leonis P. Chuc and Neva M. Chuc _ 9663 Highway 82 Carbondale, CO. 81623 1/4 interest reserved in Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Deed recorded 6/28/89 in book 757 at Page 540. Effects: all of the NE1/4 NW1/4, Lots 4,5,6,7, 10, 11,19 and 20; that of Lots 8,9 and 13 lying easterly of the Roaring Fork River; and Lots 1 and 12 all in Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. f The Estate of Ceasar., Chuc (Deceased) 1/4 interest reserved in Warranty Deed recorded 9/26/61 in Book 336 at Page 570. f Effects: Lots 12 and 16, Section 20: Lots 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except that parcel of land described in deed recorded in Book 255 at Page 272. Attachment B June 11, 2013 Mr. Glenn Hartmann, Sestior P anner Community Developmnet 108 Eighth Street, Suite 4-01 Glenwood Springs, CO 81601 Re: Aspen Glen Amen& d Plat Lots F-1 & F-2 Dear Glenn, For the purposes of purst ing an Amended Final Plat Review or any communication with Garfield County, Dan Gr ienefeldt will act as authorized representative on behalf of the Mr. John Weber. Dan Gruenefeldt PO Box 1910 Basalt, CO 81621 970-963-4979 (o) 970-379-6565 (c) John Weber 683 East Mariola Way Scottsdale, AZ 85262 602-412-7851 STATE OF ARIZONA ) COUNTY OF MARICOPA ) On December/ K2006, before me, personally appeared John H. Weber [ ] personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CYRtiE LOUEJOY Notary Public • STATE OF ARIZONA MARRCOPA CCAiNT! 'Ay COmrniesion es July 25, 2009 Individual(s) Partner(s) Trustee(s) Corporate Offlcer(s): Signa otary CAPACITY CLAIMED BY SIGNER: Title(s) Name of Person(s) or Entity(ies): Name of Instrument: PWX 327655761v1 [] [] [] Attorney -In -Fact Subscribing Witness Guardian/Conservator Other: SIGNER IS REPRESENTING: 11 JOHN H. WEBER and the WEBER LIVING TRUST WEBER LIVING TRUST 7.2 Retirement Plan Assets. Provisions respecting the administration of retirement plan assets are set forth in Schedule C, attached hereto and incorporated herein by this reference. 7.3 GST Provisions, Provisions regarding the GST tax are set forth in Schedule 1), attached hereto and incorporated by this reference. 7.4 Miscellaneous Provisions. Definitions and rules of construction are set forth in Schedule E, attached hereto and incorporated herein by this reference. Such definitions and rules of construction shall apply to the. terms listed in the Trust Agreement wherever those terms are used in this Trust Agreement and wherever reference is made to those terms in this Trust Agreement. 7.5 General Trust Provisions. General Trust provisions respecting the administration of any trust established under this Trust Agreement are set forth in Schedule E, attached hereto and incorporated herein by this reference. ARTICLE 8 JXEC13TIDN 8.1 Declaration of the Grantor. The undersigned Grantor does hereby certify that he has 'read this Trust Agreement and it fully and accurately sets out the terms, Trusts and conditions under which the Trust Estate herein described is to be held, managed and disposed of by the Trustee herein named, and he hereby approves, ratifies and confirms this Trust Agreement in all particulars. 8.2 2006. Execution by the Grantor. Executed at Phoenix, Arizona, on Decemberj25, ri*f GRANT . WEBER /7/ 8.3 Execution by the Trust- . e foregoing Trust Agreement has been accepted by the Trustee thereunder. 10 PlDC327855781v1 no acting Trustee at that time, notice shall instead be given to the next named Trustee or, if none is named, then to the adult Beneficiaries and the guardians of any minor Beneficiaries. The notice may be served personally, or by certified or registered mail, postage prepaid, return receipt requested. 6.6 Substitution of Corporate Trustee. At any time that a Corporate Trustee is serving as Trustee of any Trust created pursuant to the provisions of this Trust Agreement, the adult Beneficiaries and the guardians of any minor Beneficiaries of such Trusts shall have the power, by action of a majority in interest (except for the Administrative Trust which shall require unanimity), to transfer the administration of those Trusts to a new Corporate Trustee who has either (a) a combined capital and surplus (including the capital and surplus of its affiliated entities) of at least Fifty Million Dollars ($50,000,000), or (b) assets under management (including assets under management by its affiliated entities) of at least One Billion Dollars ($1,000,000,000). The substitution of a new Corporate Trustee shall be made by the giving of written notice by the guardians and adult Beneficiaries directed to the then -acting Corporate Trustee, indicating the desire of the guardians and adult Beneficiaries to effect a substitution in the office of Corporate Trustee and designating the new Corporate Trustee selected. Upon securing the approval of the transfer and substitution by a court of competent jurisdiction to the extent that the approval may be required by law, or within thirty (30) days after receipt of the notice hereinabove mentioned, the Corporate Trustee then serving as Trustee hereunder shall transfer and convey the entire interest of that Corporate Trustee in the Trust Estate to the new and substituted Corporate Trustee. The purposes of the foregoing provisions are to insure harmonious relations between the Corporate Trustee and the Beneficiaries, and to further the effective and efficient management of the Trusts created hereunder. At any time that a Corporate Trustee is named as a Trustee of any Trust created pursuant to the provisions of this Trust Agreement and that Corporate Trustee (a) declines to act as Trustee, (b) otherwise does not commence to act as Trustee or (c) is a named successor Trustee, the adult Beneficiaries and the guardians of any minor Beneficiaries of such Trust shall have the power, by action of a majority in interest, to substitute a new Corporate Trustee in the place of the named Corporate Trustee. The new Corporate Trustee must have either (a) a combined capital and surplus (including the capital and surplus of its affiliated entities) of at least Fifty Million Dollars (S50,000,000), or (b) assets under management (including assets under management by its affiliated entities) of at least One Billion Dollars ($1,000,000,000). The new Corporate Trustee shall replace the named Corporate Trustee for all purposes of this Trust Agreement. The power given in this paragraph shall not be deemed to be exhausted by a single exercise thereof. However, the power to substitute a Corporate Trustee may be exercised by the holders thereof no more frequently than (a) once during any three (3) year period or (b) twice during any five (5) year period with respect to any trust hereunder. ARTICLE 7 MXSCELLANEOUS PROVISIONS 7.1 Additional Provisions. Additional provisions respecting Trustees and the administration of any trust established under this Trust Agreement are set forth in Schedule 8, attached hereto and incorporated herein by this reference and shall apply to the administration of any and all Trusts created pursuant to the provisions of this Trust Agreement. 9 PHX 327655761v1 (b) If, at any time, any individual is named as a Trustee hereunder and there is a named successor Trustee or Trustees, that individual shall have the foregoing power: (1) contingent upon such named successor(s) not being available to serve as Trustee at the time needed, or (2) when such named successor(s) ceases to act as Trustee hereunder. The foregoing power may be exercised by a Trustee by giving written notice of the designation of a successor Trustee to the then -living adult Beneficiaries and the guardians of any minor Beneficiaries, and as otherwise required by law. If more than one individual named Trustee exercises the foregoing power, priority shall be given to the designations of the earlier named Trustee hereunder, irrespective of the order in time that the foregoing notices were given. A Co - Trustee shall have the same power to nominate successors as granted to a sole Trustee hereunder, except that if two or more Co -Trustees make such designation, the named successor Trustees of a Co -Trustee shall be deemed to be named successor Co -Trustees (to serve in the order of priority designated) with the named successor Trustees (also to serve in the order of priority designated) of the other one or more Co -Trustees who made such designation Any designation pursuant to this Paragraph may be revoked or amended by such Trustee by giving written notice in the same manner as the designation was made as provided above. Any Trustee designated pursuant to this Paragraph shall have all of the powers conferred upon a named Trustee under this Trust Agreement, shall serve without bond and shall for all other purposes be treated as a named Trustee under this Trust Agreement. 6.4 Might of Trustee to Resign. Any Trustee acting as a Trustee under any Trust created hereunder may resign and be discharged from acting as a Trustee of that Trust by giving written notice of its resignation to any remaining Co -Trustee, to the adult Beneficiaries and to the guardians of any minor Beneficiaries. The notice shall be served personally or by certified or registered mail, postage prepaid, return receipt requested, and shall specify the date when the resignation shall take effect. The effective date of the resignation shall be at least thirty (30) days after the service or mailing thereof, unless the person or persons to whom notice of the resignation shall have been given shall otherwise consent. The adult Beneficiaries and guardians of any minor Beneficiaries, unless a successor Trustee is designated or otherwise appointed as provided in this Trust Agreement, may by action of a majority in interest, in a written instrument, designate a successor Trustee or Co -Trustee (either individual Trustees and/or a Corporate Trustee) for the Trusts herein created; provided that any designated successor Corporate Trustee has either (a) a combined capital and surplus (including the capital and surplus of its affiliated entities) of at least Fifty Million Dollars ($50,000,000), or (b) assets under management (including assets under management by its affiliated entities) of at least One Billion Dollars ($1,000,000,000) and provided further, that the Beneficiaries shall not be permitted to designate any individual Trustee who is considered to be a related or subordinate party subservient to the wishes of any Beneficiary, within the meaning of Internal Revenue Code Section 672(0) or any successor to that Section. 6.5 Declination of a Named Spccesor Trustee. Any person or Corporate Trustee named as a successor Trustee under the Trust may decline at any time to act as Trustee of any Trust created hereunder by giving written notice of declination to the acting Trustee. If there is 8 PHX 3276557610 Trust would otherwise be held in trust for a Beneficiary for whose benefit a Trust is already then being administered under this Trust Agreement, that part shall instead be added to that Trust and shall thereafter be administered according to its terms, except that, if that Trust provides for distribution in installments and if that Beneficiary has received a fractional distribution of that Trust pursuant to its terms, then there shall be distributed to that Beneficiary, free of trust, a fraction of that part equal to the fraction of that Beneficiary's interest previously distributed to that Beneficiary. 5.9 Contingent Beneficiaries. If at the time of the death of the Grantor, or at any later time before full distribution of the Family Trust, no other disposition of the Family Trust is directed by this Trust Agreement, the Family Trust, or the portion of it then remaining, shall be distributed, free of trust, to those persons who would then be the heirs of the Grantor, their identities and respective shares to be determined as though the death of the Grantor had occurred at that time, in accordance with the laws of the State of Arizona then in effect relating to the succession of separate property not acquired from a predeceased spouse or ancestor. ARTICLE 6 TRUSTEE PROVISIONS 6.1 Powers 9f Trustee. To carry out the purposes of this Trust and subject to any limitations provided elsewhere in this Trust Agreement, the Trustee is vested with the powers set forth in Schedule A, attached hereto and incorporated herein by this reference, in addition to those now or hereafter conferred by law, affecting the trusts and the trust estates, all of said powers to be exercised in Trustee's fiduciary capacity and not otherwise. 6.2 Designated Successor Trustee. If the Grantor shall become unable to serve or otherwise cease to act as Trustee hereunder, then JOHN SULLIVAN shall act as successor Trustee hereunder. If JOHN SULLIVAN shall fail to qualify, become unable to serve or otherwise cease to act as Trustee hereunder, then MARK DANIEL WEBER shall act as successor Trustee under this Trust Agreement. 6.3 Power to Designate a Successor Trustee. (a) If, at any time, any individual is named or acting as a Trustee hereunder and there is no named successor Trustee to that individual or the named successor is then unavailable to act as Trustee hereunder, then, that individual shall have the power: (1) to designate one or more successor Trustees or Co -Trustees who shall act as Trustees or Co -Trustees hereunder, as the case may be, in the order designated if and when that individual ceases to act as Trustee hereunder, or (2) to designate a Co -Trustee to serve only with such individual, which designation shall provide that such designated Co -Trustee shall be deemed to resign and shall cease to serve as Co -Trustee if, as and when the individual who designated him ceases to serve as Co -Trustee. 7 PHX 32765574310 provided, however, that no portion of the amount or amounts so distributed may be used to discharge any obligation of a parent of such issue to support. any of those issue. Any distribution or application of benefits to or for any issue of a Beneficiary under this Paragraph shall be charged against that Beneficiary's Trust as a whole, rather than against any potential ultimate distributive share of the issue (or such issue's lineal ancestors or lineal descendants) to whom or for whose benefit the distribution is made. Without limiting the discretion of the Trustee, the following are types of situations which the Grantor contemplates might be appropriate to make such principal distributions to Beneficiaries: (a) To assist Beneficiaries in paying for their wedding expenses. When any Beneficiary shall attain the following ages, the Beneficiary shall have the right to request by written instrument to the Trustee withdrawal of the following portion of the principal of that Beneficiary's Trust: Age Portion of Trust to Be Distributed Twenty-five (25) years One Third (1/3) of the balance of the Trust Thirty-two (32) years One Third (1/3) of the balance of the Trust Forty (40) years The balance of the Trust, together with any undistributed income therefrom. 5.7 Power of Appointment. Upon a Beneficiary's death, the assets in his or her Beneficiary's Trust shall be subject to a special power of appointment exercisable by the Beneficiary in favor of such one (1) or more persons and entities, other than the creditors of such Beneficiary, such Beneficiary's estate, or the creditors of such Beneficiary's estate, on the terms and conditions, either outright or in trust, as the Beneficiary may appoint by a signed, notarized instrument other than a Will or a codicil thereto, specifically referring to and exercising this general power of appointment. If or to the extent that (a) the Beneficiary shall have failed to exercise the power of appointment conferred upon him or her under this Paragraph; (b) an attempted exercise by the Beneficiary of these powers shall have been invalid or ineffective for any reason; or (c) the Beneficiary shall have released or renounced these powers, the property subject to them shall be distributed as provided in Paragraph 5.9, below. 5.8 Distribution Upon the Death of a Beneficiary. Upon the death of a Beneficiary, the undistributed balance of that Beneficiary's Trust shall be allocated into separate Trusts among the issue of that deceased Beneficiary, with allocation to be made among such issue by right of representation. If there is no then -living issue of that deceased Beneficiary, the deceased Beneficiary's Trust shall be divided into shares and/or subshares for the then living issue of that deceased Beneficiary's nearest ancestor not more remote than the Grantor (provided any such issue is a lineal descendant of the Grantor), with allocation to be made among such issue by right of representation. Any share so established for either (a) the issue of that deceased Beneficiary or (b) the issue of that deceased Beneficiary's nearest ancestor not more remote than the Grantor (provided any such issue is a lineal descendant of the Grantor) shall be held in trust and distributed in accordance with this Article. However, if any part of that deceased Beneficiary's PHX 327655761x4 due regard for the personal preferences of the Beneficiaries, and the Trustee's decision in regard thereto shall be final. If no children or issue of the Grantor so survive, this gift of Personal Property shall be distributed to pursuant to Paragraph 5.9, below. 5.3 Division of Remaining Family Timet. As soon as reasonably practicable after the death of the Grantor and after distributions, if any, pursuant to the provisions of Paragraph 5.2, above and further subject to the remaining provisions of this Paragraph, the Trustee shall divide the remaining Family Trust into as many equal shares as there are children of the Grantor then living and children of the Grantor then deceased leaving issue then living. The Trustee shall allocate one (1) equal share to each living child of the Grantor and one (1) equal share to each group composed of the living issue of a deceased child of the Grantor to be further allocated in subshares among those issue by right of representation. Each share or subshare established pursuant to this Paragraph shall be a separate Trust, to be held, administered and distributed in accordance with the remaining provisions of this Article. With respect to any benefits of a Qualified Retirement Plan (as hereafter defined in the Schedule entitled "Administration of Retirement Plan Trusts") to be allocated to the Family Trust, such benefits shall be specifically allocated among the Beneficiaries of the Family Trust (determined pursuant to this Paragraph in accordance with the foregoing principles set forth in this Paragraph). The share of such benefits allocated to each Beneficiary of the Family Trust shall be held by the Qualified Retirement Plan administrator as a separate account in accordance with the Schedule entitled "Administration of Retirement Plan Trusts." 5.4 Distribution of Income. Subject to the remaining provisions of this Article, the net income of a Trust created hereunder shall be distributed to or applied for the use and benefit of the respective Beneficiary thereof in monthly or other convenient installments, but not less frequently than quarter -annually. 5.5 Income for Beneficiary Under Certain Age. Notwithstanding anything to the contrary herein, if any Beneficiary shall become entitled to income from a Trust created hereunder before that Beneficiary has reached the age of twenty-one (21) years, then the Trustee shall continue to hold the income from the Trust of that Beneficiary in trust, with like powers as to management and investment thereof as herein set out and shall use and apply that income, as the Trustee may deem necessary, directly for the proper and reasonable support, maintenance, health and education of the Beneficiary. Any unexpended part of the net income shall be added to the principal until that Beneficiary reaches the age of twenty-one (21) years, from and after which time that Beneficiary shall be entitled to the net. income from that Trust as hereinbefore set forth. Income not expended for a Beneficiary shall become principal of that Beneficiary's Trust and shall be distributed as hereinafter set forth in this Article. 5.6 • Distribution of Principal. Until complete distribution pursuant to the provisions of this Paragraph, the Trustee may distribute to or apply for the benefit of each Beneficiary or that Beneficiary's issue, out of the principal of that Beneficiary's Trust, those sums as the Trustee, in the Trustee's discretion, considers necessary for the proper support, maintenance, health and education of any one or more of that Beneficiary or that Beneficiary's issue, after taking into consideration, to the extent the Trustee considers advisable, any income or other resources of the Beneficiary or that Beneficiary's issue, as appropriate, outside of any Trust created pursuant to this Trust Agreement known to the Trustee and reasonably available for those purposes; 5 PID( 327655761v1 ARTICLE 4 CREATION AND ADMINISTRATION OF ADMINISTRATIVE TRUST 4.1reation and Administration of Adipinisirative Trust. Upon the death of the Grantor, the Trust Estate, including any additions thereto by reason of the death of the Grantor, may thereafter be held as an "Administrative Trust" The Trustee may pay all expenses relating to the Administrative Trust, as provided in the remaining provisions of this Article, and distribute the balance of the Administrative Trust (the "Balance") to the Family Trust. The Trustee may distribute the Balance in a single distribution or in a series of partial distributions. If distribution of the Balance is to be made to one or more Beneficiaries, then until full distribution has been made to any such Beneficiary, the Trustee of the Administrative Trust may pay to that Beneficiary (or to a Trust to be established for such Beneficiary pursuant to the terns hereof) such amounts of income and/or principal as are consistent with the terms hereof. Such payments shall be in lieu of and thus credited toward the income and/or principal remaining to be distributed to such Beneficiary (or to the Trust to be established for such Beneficiary pursuant to the terms hereof). No payment shall be made to any Beneficiary (or to the Trust to be established for such Beneficiary pursuant to the terms hereof) which exceeds the amount of' income and/or principal then remaining to be distributed to such Beneficiary (or Trust) as provided herein, nor shall any payment of income and/or principal be made to any Beneficiary of any such Trust which exceeds the amount which might properly be distributed to such Beneficiary at that time under the terms of such Trust. The Administrative Trust shall be deemed to be terminated when all of the assets of the Administrative Trust have been used to pay expenses or allocated or distributed as provided in this Article, except for a reasonable amount which is set aside for the payment of unascertained or contingent liabilities and expenses (excluding any claim by a Beneficiary in his or her capacity as such). ARTICLE 5 ADMINISTRATION OF FAMILY TRUST 5.1 Administration of Family Trust Upon and After the Death of the Grantor as S Forth in This Article. Upon and after the death of the Grantor, the Trustee shall retain, divide, administer or distribute the remaining balance of the Family Trust, as set forth in this Article. 5.2 Distribution of Tangible Personal Property. The Trustee shall distribute all personal automobiles, recreational vehicles, boats, china, silver, books, pictures, paintings, sculpture, other works of art, furniture and furnishings, clothing, jewelry, personal effects and all similar items of tangible personal property, together with all insurance policies covering such items ("Personal Property"), as provided pursuant to a statement prepared by the Grantor and attached hereto. Any tangible personal property not provided for shall be distributed to the children of the Grantor then living and children of the Grantor then deceased leaving issue then living. The Trustee shall allocate one (1) equal share to each living child of the Grantor and one (1) equal share to each group composed of the living issue of a deceased child of the Grantor to be further allocated in subshares among those issue by right of representation. The Trustee shall divide the Personal Property in as nearly equal shares as the Trustee deems practicable, having 4 PHX 327855761v1 Grantor in accordance with the Grantor's then accustomed manner of living, until the Grantor is again able to manage the Grantor's own affairs (as certified in writing by two (2) licensed physicians), or until the death of the Grantor. Any income in excess of the amounts applied for the benefit of the Grantor shall be accumulated and added to the principal. If a conservator of the estate is appointed for the Grantor, the Trustee shall take into account any distributions made for the Grantor's benefit by the conservator. The Grantor. waives the physician -patient privilege to the extent needed to implement the purpose of these provisions. For purposes of this Paragraph, the term "Interested Person" shall include only the issue of the Grantor. "Interested Person" shall specifically exclude any creditor of the Grantor, any person (except the Grantor) who may have a claim against the Trust Estate and any person who may otherwise qualify as an interested person as provided under Arizona Revised Statutes 36-3201. If the Grantor is incapacitated, the Trustee may also pay to any person (A) whom the Grantor is legally obligated to support or (B) who is related to the Grantor by blood, marriage or adoption and whom the Grantor was supporting at the time the Grantor became incapacitated, such sums as shall be reasonably necessary for such person's education, support in such person's accustomed manner of living and such person's medical, dental, hospital and nursing expenses and expenses of invalidism. 3.5 Grantor Not To Be Placed in Nursing Home. Except as provided in the last sentence of this Paragraph, it is the Grantor's intention that the Grantor not be placed in a nursing home, convalescent home or other similar facility without the Grantor's informed consent. If at any time the Grantor is incapable of giving his informed consent, then, to the extent possible, the Trustee shall use Trust income and, if insufficient, Trust principal for the purpose of providing nursing care for the Grantor in the Grantor's own home. To the extent such payments are from Trust principal, they shall be paid in the manner described in. Paragraph 3.4, above. In the event that there are special circumstances in which the Trustee decides that a nursing home, convalescent home or other similar facility would provide substantially better medical care for the Grantor than the Grantor would receive in the Grantor's own home, and only if these special and unusual circumstances exist, the Trustee may choose to use Trust funds to provide for the Grantor's care in a nursing home, convalescent home or other similar facility of the highest quality. 3.6 Certain Transfers By Direction of Grantor During the Grantor's Lifetime. The Grantor intends that certain transfers pursuant to the Grantor's written instruction should be treated as a withdrawal of property from the Trust followed by a transfer by the Grantor to the Grantor or other parties, in accordance with such written instruction. For example, in the case of a transfer that is intended to be a gift from the Grantor to any person, the Trustee shall execute any and all documents required to vest title to the gift property in the name of the transferee, without first retitling such assets in the name of the Grantor. The intent of the Grantor is to avoid the expense and delay of multiple retitling, without changing the character of the transfer as being, in substance, a withdrawal of property from the Trust, followed by a transfer by the Grantor. Accordingly, such transfer is intended to be and shall be treated for all purposes as first a distribution of the property to the Grantor followed by a gift transfer of the property to the donee(s) by the Grantor as donor, acting individually or through one or more attorneys in fact. 3 PMC 327655761v1 concurrently with or after the date of revocation, or in the absence of such designation, shall be distributed to the Grantor's estate. 2.3 Powers of Amendment and Revocation Personal to the Grantor. The powers of the Grantor to amend this Trust Agreement and to revoke this Trust are personal to the Grantor and shall not be exercisable on the Grantor's behalf by any conservator or other person. 2.4 Trust irrevocable pon the Death of the Grantor. Upon the death of the Grantor, the Trust created by this Trust Agreement shall become irrevocable and not subject to amendment or alteration in any respect. 2.5 Additions. The Grantor shall have the right, at any time or times, to add to the Trust Estate, and the property so added to the Trust Estate, whether real, personal or mixed, shall, atter notice to the Trustee, be subject to all the terms of this Trust Agreement. Any other person may, from time to time, with the consent of the Trustee, add property of any kind to the Trust Estate, or any part thereof, which shall be subject to all the terms and provisions of this Trust Agreement. ARTICLE 3 ADMINISTRATION OF TRUST ESTATE DURING THE LIFE OF THE GRANTOR 3.1 Accumulation of Income. So long as the Grantor is living, the Trustee shall accumulate all of the net income of the Trust Estate. Such accumulated income shall become principal of the Trust Estate, to be distributed as hereinafter set forth. 3.2 Distribution of Principal. Upon the written demand of the Grantor, the Trustee shall distribute and deliver to that person so much of the principal of the Trust Estate, as is demanded. This power of the Grantor may be exercised by a power of attorney executed by the Grantor, if specific reference is made to this provision of this Trust Agreement, and only to the extent thereto and, in such event, such principal shall be distributed to the holder of such power of attorney. 3.3 Support of the Grantor. In addition to the distributions from the Trust Estate set forth in the preceding Paragraphs of this Article, it shall be the discretionary duty of the Trustee to distribute to or apply for the use and benefit of the Grantor, from time to time, such reasonable amounts from the principal of the Trust Estate as the Trustee may deem necessary or advisable for the proper and reasonable support, maintenance and health of the Grantor, in accordance with his then accustomed manner of living. 3.4 Incapacity of the Grantor. Notwithstanding the foregoing Paragraphs, if at any time, as certified in writing by two (2) licensed physicians upon the request of any Interested Person (as defined in this Paragraph), the Grantor has become physically or mentally incapacitated, whether or not a court of competent jurisdiction has declared the Grantor incompetent, mentally ill or in need of a conservator, the Trustee shall, from time to time, apply for the benefit of the Grantor the amounts of net income and principal necessary, in the discretion of the Trustee, for the proper and reasonable support, maintenance and health of the 2 PHX 327655761v1 WEBER LIVING TRUST THIS WEBER LIVING TRUST (the "Trust" or "Trust Agreement") is entered into between JOHN H. WEBER (hereinafter called "Grantor") and JOHN H. WEBER (hereinafter called "Trustee"), effective as of the date of execution. ARTICLE 1 DECLARATIONS OF TRUST 1.1 Principal of Trust. The Grantor declares that the Grantor has set aside, transferred and delivered to the Trustee the sum of Fifty Dollars ($50) and other assets of the Grantor, subject to any liabilities secured thereby, the receipt of which is hereby acknowledged by the Trustee. The Grantor may also transfer substantial additional property to this Trust by lifetime or testamentary transfer. The initial principal of the Trust, together with any other property that is transferred to the Trust and any income thereon, shall be held, administered and distributed by the Trustee as provided herein. 1.2 Declarations Concerning Family. The Grantor is not married. The Grantor has Two (2) children, namely MARK DANIEL WEBER, born February 27, 1986; and MELISSA GWEN WEBER, born February 27, 1986. The Grantor is a permanent resident of the County of Maricopa, State of Arizona. 1.3 Acceptance of Trust by the Trustee. No consideration was or will be given to or by the Trustee for the conveyance or transfer to it of any of the Trust Estate. The Trustee accepts title to the Trust Estate which is conveyed or transferred to it hereunder, without liability or responsibility for the conditions or validity of that title. The Trust Estate has been or will be conveyed or transferred to the Trustee, in trust, with power of sale, for the uses and purposes and upon the terms herein set forth. The Trustee agrees to perform the duties of the Trustee and to hold the Trust Estate, the proceeds thereof, and any other property which may be later added to the Trust Estate, subject to the terms of this Trust Agreement. ARTICLE 2 RIGHTS RESERVED TO THE GRANTOR 2.1 Power to Amend Trust. At any time or times during the life of the Grantor, the Grantor, by written notice filed with the Trustee, may change the interest of any Beneficiary in any Trust created or to be created pursuant to this Trust Agreement or any amendment to it, or amend any provision of this Trust Agreement or any amendment to it. 22 Power to Revoke. During the life of the Grantor, the Grantor may revoke this Trust by giving written notice to the Trustee. On revocation, the Trustee shall promptly deliver to the Grantor all of the Trust Estate. If, after a revocation of the Trust by the Grantor, the Trustee has not distributed all of the Trust Estate prior to the death of the Grantor for whatever reason, the Trustee shall retain bare legal title to the Trust Estate. Upon the death of the Grantor, the Trust Estate shall not be distributed in accordance with this Trust Agreement, but shall instead be distributed as designated by the Grantor in a Will or other written document executed 'l)(327655761v1 ARTICLE 7 MISCELLANEOUS PROVISIONS 9 7.1 Additional Provisions 9 7.2 Retirement Plan Assets 10 7.3 GST Provisions... 10 7.4 Miscellaneous Provisions 10 7,5 General Trust Provisions 10 ARTICLE 8 EXECUTION 10 8.1 Declaration of the Grantor 10 8.2 Execution by the Grantor 10 8.3 Execution by the Trustee 10 SCHEDULE A - POWERS OF TRUSTEE 1 SCHEDULE B - TRUST ADMINISTRATION 1 SCHEDULE C - ADMINISTRATION OF RETIREMENT PLAN TRUSTS 1 SCHEDULE D - PROVISIONS REGARDING GST TAX 1 SCHEDULE E - DEFINITIONS AND RULES OF CONSTRUCTION 1 SCHEDULE F - GENERAL TRUST PROVISIONS 1 ii PHX 327655761Y1 TABLE OF CONTENTS ARTICLE 1 DECLARATIONS OF TRUST 1 1.1 Principal of Trust 1 1.2 Declarations Concerning Family 1 1.3 Acceptance of Trust by the Trustee 1 ARTICLE 2 RIGHTS RESERVED TO THE GRANTOR 1 2.1 Power to Amend Trust 1 2.2 Power to Revoke 1 2.3 Powers of Amendment and Revocation Personal to the Grantor 2 2.4 Trust Irrevocable Upon the Death of the Grantor 2 2.5 Additions 2 ARTICLE 3 ADMINISTRATION OF TRUST ESTATE DURING THE LIFE OF THE GRANTOR 2 3.1 Accumulation of Income 2 3.2 Distribution of Principal 2 3.3 Support of the Grantor 2 3.4 Incapacity of the Grantor 2 3.5 Grantor Not To Be Placed. in Nursing Home 3 3.6 Certain Transfers By Direction of Grantor During the Grantor's Lifetime 3 ARTICLE 4 CREATION AND ADMINISTRATION OF ADMINISTRATIVE TRUST 4 4.1 Creation and Administration of Administrative Trust 4 ARTICLE 5 ADMINISTRATION OF FAMILY TRUST 4 5.1 Administration of Family Trust Upon and After the Death of the Grantor as Set Forth in This Article 4 5.2 Distribution of Tangible Personal Property 4 5.3 Division of Remaining Family Trust 5 5.4 Distribution of Income 5 5.5 Income for Beneficiary Under Certain Age 5 5.6 Distribution of Principal 5 5.7 Power of Appointment 6 5.8 Distribution Upon the Death of a Beneficiary 6 5.9 Contingent Beneficiaries 7 ARTICLE 6 TRUSTEE PROVISIONS 7 6.1 Powers of Trustee 7 6.2 Designated Successor Trustee 7 6.3 Power to Designate a Successor Trustee. 7 6.4 Right of Trustee to Resign S 6.5 Declination of a Named Successor Trustee 8 6.6 Substitution of Corporate Trustee 9 PHX 327655761vf WEBER LIVING TRUST Prepared by Donald E. Fergus, Jr. GREENBERG TRAURIG 2375 East Camelback Road, Suite 700 Phoenix, Arizona 85016 602-445-8388 PI -IX 3276557610 836966 06/19/2013 04:04:15 PM Page 1 of 1 Jean Alberico, Garfield County, Co'oradt5 Rec Fee: $11.00 Doc Fee: $0.00 eRecorded • SPECIAL WARRANTY DEED THIS DEED le dated the I / day of (whether one, or more than one), a? "3 and is made between John Weber the'Grentsr' efts County of Hamilton and State of Arizona and Weber Living Trust (Whether one, or more than one), the' Grantee", whew legal address is 7676 EastBalao Drive, Scottsdale, AZ 86266 of the County of Hamilton and state ofArlanna. WITNESS, that the Grantor, for 'and In consideration of the sum of Ten doltars and other good and valuable consideration ( $10.00 ), Ore receipt and sufholency of whtiit Is hereby acknowledged, hereby grants, bargains, set; conveys and confirms unto the Qrantee and the Grantee's heirs and assigns forever, en the real property, together with any Improvements thereon, located In the County of Garfield and State of Colorado deecdbed as fagavert Lot F-2 ASPEN GLEN, FILING NO. 1 According to the Plat thereof recorded April e, 1996 es Reception No. 476990 County of Garnetd, State of Colorado also known by sheet address as: 31 River Park Lana, Carbondale, CO 61623 TOGETHER with. ell and eingular the hereditaments and appurieneneas thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and manta thereof, end all the Mate, right, tee, h,terast, elattn and demand whatsoever of the Grantor, either In taw or equity, of, In end to the above bargained promises, with the bereditarnenta and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, wmi the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for Ole Grantor and the Grantees hake and easfgne, does covenant, grant, bargain, and agree that the Grantor shell and wit WARRANT THE TTFLE AND DEFEND the above described 'premises hat not any ga aor Y any, qadjoining vacated street alley, if I the er1a P t and peaceable ossasstert of the Grantee and Etta heirs and assigns of the Grantee, against all and every person er persona alarming the whole or any part thereof, by, through, or under the Grantor except and subject to Those exceptions of record � SS ERE F, the Grantor has executed this deed on the data sat forth above. State of Arizona County of 01/1.;/1' L .. The foregoing insfrumentwas acknowledged before me this 1 1 day of June, 2019. by John Weber. i arorairrwrivar wrarrw oranorees" DEBRA A. NICHUAI_S F NOTAfW PURIM -ARIZONA ' p1AR1COPACOUt re My Commission Expires Special Warranty deed STCO Wiliness mi hand and oftboial seal, -1-1-OLCUIC htAtv"n` Notary Public My commission expires:.4t'Ll tpe Poli • Pass ioft 1111 FA 171111011/. l PLIONCIr1111i.1'1T 101.1114 11 111 Rec4ptionI: 774149 0812012009 12:60:25 PM Joan Alherlao 1 of 1 Rea Fes:$6.00 Doo Foo:D.00 GARFIELD COUNTY CO Return to: Sam Levy, Esq. Greenberg Traurig, LLP 1200 17th Street, Suite 2400 Denver, Colorado 80202 (303)685-7406 BARGAIN AND SALE DEED John H. Weber, an individual ("Grantor"), whose address is 13122 Duval Drive, Fishers, Indiana 46037, County of Hamilton, State of Indiana, for the consideration of $10.00 in hand paid and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby bargains, sells and conveys to the Weber Living Trust ("Grantee"), whose address is c/o John H. Weber, Trustee, 13122 Duval Drive, Fishers, Indiana 46037, County of Hamilton, State of Indiana, the following real property situate in the County of Garfield and State of Colorado, to wit: Lot F-1 Aspen Glen, Filing No. 1, According to the Plat thereof recorded April 6, 1995 as Reception No. 476330, County of Garfield, State of Colorado also known by street address as: TBD River Park Lane, Carbondale, CO 81623 with all of its appurtenances. TRANSFER WITHOUT CONSIDERA'T'ION — NO DOCUMENTARY TAX DUE Signed this aytl day of i %4..vk ea - STATE OF s„r.41,;c11-4. COUNTY OF YY\o...4.+•bcrn ) )ss. The foregoing instrument was acknowledged before me this myth day of 2000 i9.. John H. Weber. Witness my hand and official seal. '�`y}�`": Notary Publ 11 �Z,r 1$1,�ob My commission expires: Amended Final Subdivision Plat Combining Lots & Building Envelopes Lots F1 & F2, Filing 1 Aspen Glen Submitted to: Garfield County Community Development Department On Behalf of Mr. John Weber June 19, 2013 June 19, 2013 Mr. Glenn Hartmann, Senior Planner Community Development 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Amended Final Plat Review Lots F-1 & F-2 Aspen Glen, Filing No. 1 Dear Glenn, Please accept this application for an Amended Final Plat Review for Lots F1 and F2 (0009 and 0031 River Park Drive) Aspen Glen Filing No. 1, in Section 20, TS7, R88W. Proposal: The purpose of this application is to amend the final plat to combine Lots F1 and F2 into one lot, create one building envelope as depicted on the draft amended plat, and change the street address to 0011 River Park Drive. A single-family home is proposed for the combined parcels. Background: The subject property is located in Aspen Glen, a Planned Unit Development (PUD), and regulated not only by Garfield County zoning but by specific Aspen Glen Covenants, Conditions and Restrictions (CC&Rs). The proposal was first reviewed by Aspen Glen's Design Review Committee (DRC) prior to submittal of the land use application to Garfield County. The proposal was reviewed at the May 22, 2013 DRC meeting. The DRC recommends to Garfield County approval of the proposed amended final plat as submitted and reviewed on May 22, 2013. The DRC also approved the vacation of the drainage easement between Lots Fl and F2 as any new development of the property will require a drainage and grading plan developed and approved by a civil engineer to ensure drainage is detained on site and does not drain onto adjacent properties. Utility Easement: Typical with Aspen Glen properties, there is a 15 foot utility easement between Lots F1 and F2. It is proposed that the easement be vacated as the proposed improvements will be constructed over the easement. According to the survey all existing utilities that will serve the site are located at the curb. However, the following utilities were contacted to confirm vacation of this easement: Roaring Fork Water and Sanitation District, Holy Cross Electric, Comcast, and Century Link. Criteria for Review 1. Section 5-304 Amended Final Plat Review C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; 2. Does not result in a major relocation of a road or add 1 or more new roads; and 3. Will correct technical errors such as surveying or drafting errors. Response: Combining Lots Fl and F2 will decrease the number of developable lots in Aspen Glen. No new roads are necessary to serve the proposed development. Although there is no surveying or drafting error that is necessary to correct this plat amendment is a benefit to the Aspen Glen community as it reduces the number of developable lots in Aspen Glen, creates more open space, and reduces the density of homes in Aspen Glen. Weber — Amended Subdivision Final Plat Review June 19, 2013 Attachment E Gar fret C Community Development Dep 108 8th Street, State 40 Glenwood Springs, CO 81 (970) 945-8212 TYPE OF APPLICATION II Administrative Review ❑ Limited Impact Review ❑ Major Impact Review ❑ Amendments to an Approved UCP ❑ LIR DMIR ❑ SUF ❑ Minor Temporary Housing Faci ity ❑ Vacation of a County Ro id/Pu u lic ROW ❑ Pipeline Development ❑ Comprehensive Plan Am 3ndm: nt ❑ Major ❑ Minor )Uh1ly 1 rtment 01 INVOLVED PARTIES Owner/Applicant Name: John Weber Mailing Address: 9683 L=ast Mtriola ti City: Scottsdale LAND USE CHANGE PERMIT APPLICATION FORM ❑ Location and Extent Review ❑ Development in 100 -Year Floodplain ❑ Designation of Flood Fringe/Floodway O Rezoning ❑ Zone District❑ PUD ❑ PUD Amendment ❑ ULUR Text Amendment ❑ Appeal of Administrative Interpretation ❑ 1041 Regulations ❑ Variance O Time extension ay Phone: (602 ) 412-7851 E-mail: weber_ john@remyinc.co n State: AZ Zip Code: 85262 Representative (Authorization Requ red) Name: Dan Gruencfeldt Mailing Address: PO Box 1910 City: Basalt Phone: ( 970 ) 379-6565 E-mail: dan@gruenefcldt.com State: CO Zip Code: 81 621 PROJECT NAME AND LOCATION Project Name: Amended Final Subdivision Plal Corm ning Lots & Building Envelopes - Aspen Glen Lots Fl and F2 Assessor's Parcel Number: 2. 93-20 -05-002 and 2393-203-05.001 Physical/Street Address: 0009 and 0131 River Park Drive Legal Description: Aspen Glen Filing o 1 Section 20 T7S, R88W Zone District: PUD Property Size (acres): 1.423 PROJECT DESCRIPTION Existing Use: Two vacant parcel; that were subdivided when the Aspen Glen Filing No. 1 was recorded. Both lots are conforming lots of rcord. , Proposed lJse (From Use Table Description of Project: The tw 3-503): lots ar., One single family residential unit. proposed to be combined, the two building envelopes merged to form one building envelope. The building cnvcl )pc will be adjusted to create a total combined building envelope (24,999 sq, II) that does not exceed the total of the two before co nbinint, (24, 999 sq. ft.). One single family home is proposed on the combined lots. Development of the home will mei t all zone district requirements of the Aspen Glen 1/2 acre zone district. REQUEST FOR WAIVERS Submission Requirements • The Applicant requesting Section: 4-203 a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Waiver of Standards ® The Applicant is reque Section: 7 Divisions 2 and ting a Waiver of Standards per Section 4-117. List: 3 Section: Section: Section: I have readA statements above :orrect and accu ate e b and have provided the required attached information which is t of y • owledge. `7_,,,4 r % //-11 %—; Sig Lure o roperty Owner DFFICIAL USE ONLY File Number:__plg2],-_g'i 1 Date -S PC° t Fee Paid: $ 1 On. Attachment F rte► Garfield County GARFIELD COUNTY ("COUNTY' 1. The Applicant has Amended Fina PAYMENT AGREEMENT FORM ) and Oroperty Owner ("APPLICANT") Mr. John Weber agree as follows: 2. The Applicant and amended, establi administration of 3. The Applicant and proposed project, involved in proces Fee, established f Applicant. The Ap County, when the 4. The Base Fee shal consulting service consideration of a the Base Fee. If a additional billings The Applicant ack the County of any I hereby agree to pay all fees rela Billing Contact Person: Mr- J Billing Contact Address: 968 ubmir-ted to the County an application for the following Project: Plat Review - Lots F1 & F2, Aspen Glen, Filing No. 1 rstands and agrees that Garfield County Resolution No. 98-09, as es a fee schedule for each type application, and the guidelines for the he fee structure. he County agree that because of the size, nature or scope of the is ndt possible at this time to ascertain the full extent of the costs ing t e application. The Applicant agrees to make payment of the Base r the roject, and to thereafter permit additional costs to be billed to the lican agrees to make additional payments upon notification by the are n cessary, as costs are incurred. be in eters appl ual ri o the owlet and ed to ddition to and exclusive of any cost for publication or cost of ined necessary by the Board of County Commissioners for the cation or additional County staff time or expense not covered by corded costs exceed the initial Base Fee, the Applicant shall pay County to reimburse the County for the processing of the Project. ges that all billing shall be paid prior to the final consideration by Ise Change or Division of Land. his application: hn Weber Eask Mariola Way Phone: (6O2 ) 412-7851 City: Scottsdale Billing Contact Email: weber Printe e of Person Auth 'ohn remyinc.com State: AZ Zip Code: 85262 rized o Sig) ohn Weber (Signat /.V- 1-' 129 (Date) 11 . f; t ,1 �E 1 . q trs�: ipg7. i1 till i I dill E i4I �_%i2� d .r 1•, # 4j l! If- 1 SF 4 tiff I IR o , 1 1 I „Ili F 1 4411 4 ^q j 1;VI ! :1 rtiAE r 17 s RMIWYG ssernas (▪ 2.) 9A9 -97i got 447-9007J h �ati f-rusnw -tree Amended Plat of of Lots F1 &F2 TBD River Park Carbondale, Co 81601shut —kw air Attachment H •,t mei 4.0 IV I. • cri Io Attachment I I-/ )memi'nt7's / ssociatintt at Aspen Ellett. 1)csi.co C[ rnyi1iiwC May 23, 2013 Mr. Glenn Hartman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 via entail Re: Lot Tie & Building Envelope Adjustment Lots F-1 & F-2/0009 River Park & 0031 River Park Dear Glenn, This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the proposed plat amendment to combine Lots F-1 & F-2 (0009 River Park & 0031 River Park) into one lot. The plat amendment also merges the two building envelopes. The DRC approved the lot tie and recommends approval to the Garfield County Board of County Commissioners with the following conditions: 1. The platted building envelope for Lot F-1 is reduced at the southeast side of the property and the building envelope for Lot F-2 is reduced on the northwest side of the property. These reductions create one building envelope that equals the sum of the two separate lots before merging. 2. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 3. The DRC did not consider vacation of utility easements as that is the responsibility of the property owner to ensure that those easements can be vacated based upon review by service providers. 4. Drainage easements are considered vacated by this plat amendment because future grading and drainage patterns will be considered at the time of review for future improvements to property. 5. The DRC has only approved the lot tie/plat amendment. Any further improvements to property shall be submitted for DRC review and approval. 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: leslielamont@aspenglenhoa. cam The DRC noticed property owners within the vicinity of the project site and no objections have been noted to the proposed adjustments_ The Aspen Glen DRC recommends to the Garfield County BOCC approval of the proposed plat amendment as proposed on the Amended Plat of Lot F-1 & F-2, Aspen Glen, Filing No. 1 County of Garfield, State of Colorado dated December 18, 2012, drawn by JW. The Aspen Glen DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County. If you have any questions please do not hesitate to contact me. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee Cc: Mr. John Weber Mr. Dan Gruenefeldt 0080 Bald Eagle Wav Carbondale, CO 81623 Tel: (970) 963-3362 Email: leslielamon t@aspenglenhoa. com 2 Vicinity Map tor Lots I''-1 & h' -'e] Aspen Glen PUI) - Amended Final Ple..t Review • ATTACHMENT H Aspen Glen :i -- 1 1� 'Lots F-1 & F-2 _r: .14,spen Glen d 20 ATTACHMENT 1 Homeowners Association at Aspen Glen, Inc. Design Review Committee May 23, 2013 Mr. Genn Hartman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 via email Re: Lot Tie & Building Envelope Adjustment Lots F-1 & F-2/0009 River Perk & 0031 River Park Dear Glenn, This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the proposed plat amendment to combine Lots F-1 & F-2 (0009 River Park & 0031 River Park) into one lot. The plat amendment also merges the two building envelopes. The DRC approved the lot tie and recommends approval to the Garfield County Board of County Commissioners with the following conditions: 1. The platted building envelope for Lot F-1 is reduced at the southeast side of the property and the building envelope for Lot F-2 is reduced on the northwest side of the property. These reductions create one building envelope that equals the sura of the two separate lots before merging. 2. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 3. The DRC did not consider vacation of utility easements as that is the responsibility of the property owner to ensure that those easements can be vacated based upon review by service providers. 4. Drainage easements are considered vacated by this plat amendment because future grading and drainage patterns will be considered at the time of review for future improvements to property. 5. The DRC has only approved the lot tie/plat amendment. Any further improvements to property shall be submitted for DRC review and approval. 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-33b2 1 ErnailUleslielam ont(gaspenglenhoa. corn Attachment D 111111%1111KINViriii P41.1114TrikiNlifi 1011,111' II III Reception#• 774149 08I2OI2009 12:60:25 Pii Jean A1barico 1 of 1 Ren Fee:S6.00 Dob Fee:9,00 GARFIELD COUNTY CO Return to: Sam Levy, Esq. Greenberg Traurig, LLP 1200 17th Street, Suite 2400 Denver, Colorado 80202 (303) 685-7406 BARGAIN AND SALE DEED John H. Weber, an individual ("Grantor"), whose address is 13122 Duval Drive, Fishers, Indiana 46037, County of ,Hamilton, State of Indiana, for the consideration of $10.00 in hand paid and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby bargains, sells and conveys to the Weber Living Trust ("Grantee"), whose address is c/o John H. Weber, Trustee, 13122 Duval Drive, Fishers, Indiana 46037, County of Hamilton, State of Indiana, the following real property situate in the County of Garfield and State of Colorado, to wit: Lot F-1 Aspen Glen, Filing No. 1, According to the Plat thereof recorded April 6, 1995 as Reception No. 476330, County of Garfield, State of Colorado also known by street address as: TBD River Park Lane, Carbondale, CO 81623 with all of its appurtenances. TRANSFER WITHOUT CONSIDERATION -- NO DOCUMENTARY TAX DUE STATE OF T-r.d:arrct ) )ss. COUNTY OF m15 -6.S"5 ) The foregoing instrument was acknowledged before me this myth day of llu t►r,Z00 John H. Weber.�� 1,4 Witness my hand and official seal. 1Li Notary Publ�,�4 S 1.3e.1ob My commission expires: Y1R0. JaI b t b 836966 06/19/2013 04:04:15 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED ... _ fir'THIS DEED la dated the 1! day of V �� &?end Is made between Whetter one, or more then one), John Weiser the 'Grantor' ofthe County of Hamilton and State ofAriaona and Weber Living Trust (Whether one or more than one), the 'Grantee, whose legal address is 7806 EaetBalao Drive, Scottsdaie,'AZ 85265 of the County of one, and State of Adzena. WETNESS, that the Grantor, for 'end In consideration of the sum of Ten dollars end other good end varuabla consideration ( 510.40) the receipt and suffin'sncy of which is hereby arlmowledt!ed, hereby grants, bargains, ads, conveys and conllrms unto the Grantee and the Grantee's heirs and assigns forever. ell the rear property, together with any improvemeats thereon, locered In the Cuunty of Garfield and State of Colorado described as foQows: Lot F-2 ASPEN GLEN, FILING NO. 1 According to the Plat thereof recorded April 6,1198 es Reception No. 476330 County of Garfield, State of Colorado also known by street address es: 31 River Park Lane, Cert ondale, CO 81623 TOGETHER withall and aingular the hereditament] end appurtenances thereto belonging. or In anywise appertaining, the reversions. remainders, rents, issues and profits thereof, and ell the estate, right, see, interest, elalm and demand whatsoever of the Grantor, either In law er equity, of In and to the above bargained premises, with the hereditaments end appurtenances; TO HAVE AND TO HOLD the said promisee above bargained and described, with the appurtth#nces. unlo the Grantee, and the Grantee's hairs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, end striae that the Grantor shall end will WARRANT THE TITLE AND DEFEND the above described -premises, hof not any acVobIng vacated divert or do if any, In the quiet and peaceabie possession of the Grantee and the helm and assigns of the Grantee, against ell end every person or persona claiming the whole or any pelt thereof, by, through, or under the Grantor except and subject to: • • Those antiphons of/scord EREgF, the Grantor has executed this deed on the date set forth above. L Sate ofArbone J County of rrt'viC4 %. The foregoing Instrument was aoknotritedged before me thist.fl day of dune, 2013 by John Weber. i�wrirwrar�rxr rrr.sr ill 3u, DEBRAA.NfOHUALS �(5,NcsrARY PUB1.10-4:03NA1 t:;�� "�COPACg11NTY O O' My Jul- m..�rre i3' �rrr Wdrtes my hand and 0180131804 Notary Public My commission expires: `6-L9►pE33 • Page t of 1 Special Warrarily deed STGO ATTACHMENT B PARCELNB LOU NAME ADDRESS2 CITY STATE ZIPCODE 2,39E+11 E-45 E M Y PARTNERS, LTD 22617 E IDA AVENUE AURORA CO 80015 2.39E+11 B-10 BURDEN, SANDY T 45 PHEASANT CIRCLE CARBONDALE CO 81623 2.39E+11 E-44 HACKER, DOUGLAS A & LINDA C 18172 LAGOS WAY NAPLES FL 34110 2.39E+11 E-43 BAXTER, DAVID A / PO BOX 1112 CRESTED BUTTE CO 81224 2.39E+11 F-1 WEBER LIVING TRUST 7676 EAST BALAO DRIVE SCOTTSDALE AZ 85266 2.39E+11 E-42 GAULT, JAMES L AND MARGARET E LIVING TRUST DTD 1/2/97 ' 14 GRETCHEN PLACE GREENBRAE CA 94904 2.39E+11 E-41 ADAMS SPOUSAL LIFETIME ACCESS TRUST' 5414 S EMPORIA COURT GREENWOOD VILLAGE CO 80111 2.39E+11 F-2 WEBER, JOHN 7676 EAST BALAO DRIVE SCOTTSDALE AZ 85266 2.39E+11 F-11 JEWELL, CHAD B & LORI A 26 BUCKSKIN DRIVE CARBONDALE CO 81623 2.39E+11 F-3 KARNES, EVAN B II & PIOLI, JANET A 209 SUNSET RIDGE ROAD NORTH FIELD IL 60093 2.39E+11 F-10 B S, LLC 162 W SIXTH STREET GLENWOOD SPRINGS CO 81601 2,39E+11 F-4 BARTLOMIEJCZUK, STANISLAW & ALEKSANDRA 1162 W 6T11 STREET GLENWOOD SPRINGS CO 81601 2.39E+11 2,39E+11 F-9 F-8 KILLEBREW, JASON & NICOLE A OUZTS, JOHNIE M RESIDENTIAL TRUST 162 RIVER PARK LANE 13570 ENTRADA DEL SOL CARBONDALE TUCSON CO AZ 81623 85718-6030 2.39E+11 HOMEOWNERS ASSOCIATION AT ASPEN GLEN 0080 BALD EAGLE WAY CARBONDALE CO 81623 0 `0 0 0 0 U 0 0 0 0 O -n8 1➢ quatutiovggW Mt Attachment K — Utility Responses From: Tonya Uren [info@rfwsd.com] Sent: Tuesday, July 16, 2013 9:45 AM To: Leslie Lamont Subject: Weber Lots F-1 and F-2 Plat Application Leslie: We had our board meeting on Thursday and 1 found a guideline in the District Rules and Regulations that deals with procedure on abandonment of a tap as follows: 1. Tap fees for abandoned service would only be due if and when an application for building permit is made for the affected lot. 2. Customer charge will not be charged until a tap fee has been paid. 3. Physical connection: Water—curb stop shall be lowered one -foot and covered with traffic bearing, at grade, cast iron valve box. 4. Physical connection: Sewer — sewer stub out shall be lowered one -foot and covered with traffic bearing, at grade, cast iron valve. 5. Owner of lot abandoning services shall provide as -built location certificates of both the water and sewer services to the District. In this case, #3, 4, & 5 are applicable. It seems appropriate that I communicate this information with the owner as well as the county. I was directed that these conditions should be incorporated into a plat note or such. Let me know who I need to contact. Thank you for your help on this, Tonya 1 From: Phyllis Wittet [mailto:pwittet@holycross.com] Sent: Monday, July 08, 2013 1:35 PM To: 'Leslie Lamont' Subject: RE: Aspen Glen Lot Merger of Lots Fl and F2 = Vacation of Utility Easement Leslie, Holy Cross Energy is okay with eliminating the utility easement between lot F1 and F2 in Aspen Glen Filing No. 1 since we do not have power lines within the easement. Thanks, Phyllis 'Witter Engineering Department 970-947-5469 pwittet@horycross.com From: Johnson, Michael (Aspen) [maiito:Michael Johnson@cable.comcast.com] Sent: Thursday, July 11, 2013 8:13 AM To: Leslie Lamont Subject: RE: Aspen Glen Lot Merger Lots F-1 and F2 Thanks again, Comcast has no issue vacating the easements on the plat. We have current services running in the joint trench easement along the street side of both lots listed. Regards, Michael From: Sharpe, Jason[mailto:JasonSharpe@CenturyLink.com] Sent: Wednesday, July 10, 2013 4:37 PM To: 'Leslie Lamont' Subject: RE: Aspen Glen Lot Merger Lots F-1 and F2 Leslie, do not have any issues regarding the easement vacate between the two lots. Please have the customer contact me in the future regarding CenturyLink service to the new home while under construction. This property will be fed from the Telephone Pedestal off of River Park. Thanks, Jason Sharpe Design Engineer (Field Operations) 970-384-0238 Jason,Sharpe(CenturvLink.com rI r,' �� CenturyLink 2 The DRC noticed property owners within the vicinity of the project site and no objections have been noted to the proposed adjustments. The Aspen Glen DRC recommends to the Garfield County BOCC approval of the proposed plat amendment as proposed on the Amended Plat of Lot F-1 & F-2, Aspen Glen, Filing No. 1 County of Garfield, State of Colorado dated December 18, 2012, drawn by JW. The Aspen Glen DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County. If you have any questions please do not hesitate to contact me. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee Cc: Mr. John Weber Mr. Dan Gruenefeldt 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Ema& leslielamonfCaspenglenhoa. corm 2 ATTACHMENT J —• Geo9 T.y Line -- Lc! Uae Lire Neon L'neaa •—parte! One Pared Lint 119 One — Pnl Cory Lane — Poi Two LIME Railroad CenEt.V1nt Ra droad ROW Road Crntealine Road RON --- Section tint Sub (.r c l(°U Sub tine kV6 • Sub Rel Stay — U,Y,)own Ungar -- Water L•ne Pl�aSe Choose Landaeapa when you Drint. SourceGas Ctlstrib lion LLC 50012 Sired Style 300 Golden, CO 20401 303 243 3400 www SourceGas corn July 19, 2013 Leslie Lamont Lamont Planning Services, LLC Sourcdas Re: Utility easement running between Lot F1 and Lot F2, Amended Final Plat of Aspen Glen, Filing No. 1 subdivision located in Section 19, Township 7 South, Range 88 West of the 6th Principal Meridian, Carbondale, Garfield County, Colorado Dear Leslie, This letter will confirm your discussions with SourceGas Representatives concerning the above mentioned situation and the existing utility easement running between Lot F1 and Lot F2, Amended Final Plat of Aspen Glen, Filing No. 1 subdivision located in Section 19, Township 7 South, Range 88 West of the 6th Principal Meridian, Carbondale, Garfield County, Colorado, We have determined that there are no SourceGas Distribution LLC natural gas pipeline facilities Tying within the existing utility easement. SourceGas Distribution LLC will be quitclaiming and releasing its interest in the platted utility easement running between the two lots. Should you have further questions or need additional information, please do not hesitate to contact me at 303-243-3578. Sincerely, Tim Atwater Senior Agent, Land & Right -of -Way 3 WEBER LIVING TRUST Prepared by Donald E. Fergus, Jr. GREENBERG TRAURIG 2375 East Camelback Road, Suite 700 Phoenix, Arizona 85016 602-445-8388 PHX 327655761v1 TABLE OF CONTENTS Page ARTICLE 1 DECLARATIONS OF TRUST 1 1.1 Principal of Trust 1 1.2 Declarations Concerning Family 1 1.3 Acceptance of Trust by the Trustee 1 ARTICLE 2 RIGHTS RESERVED TO THE GRANTOR 1 2.1 Power to Amend Trust 1 2.2 Power to Revoke .. 1 2.3 Powers of Amendment and Revocation Personal to the Grantor 2 2.4 Trust Irrevocable Upon the Death of the Grantor 2 2.5 Additions 2 ARTICLE 3 ADMINISTRATION OF TRUST ESTATE DURING THE LIFE OF THE GRANTOR 2 3.1 Accumulation of Income 2 3.2 Distribution of Principal 2 3.3 Support of the Grantor 2 3.4 Incapacity of the Grantor 2 3.5 Grantor Not To Be Placed in Nursing Home. 3 3.6 Certain Transfers By Direction of Grantor During the Grantor's Lifetime 3 ARTICLE 4 CREATION AND ADMINISTRATION OF ADMINISTRATIVE TRUST 4 4.1 Creation and Administration of Administrative Trust 4 ARTICLE 5 ADMINISTRATION OF FAMILY TRUST 4 5.1 Administration of Family Trust Upon and After the Death of the Grantor as Set Forth in This Article 4 5.2 Distribution of Tangible Personal Property 4 5.3 Division of Remaining Family Trust 5 5.4 Distribution of Income 5 5.5 Income for Beneficiary Under Certain Age 5 5.6 Distribution of Principal 5 5.7 Power of Appointment 6 5.8 Distribution Upon the Death of a Beneficiary 6 5.9 Contingent Beneficiaries 7 ARTICLE 6 TRUSTEE PROVISIONS 7 6.1 Powers of Trustee 7 6.2 Designated Successor Trustee 7 6.3 Power to Designate a Successor Trustee. 7 6.4 Right of Trustee to Resign 8 6.5 Declination of a Named Successor Trustee 8 6.6 Substitution of Corporate Trustee 9 i PHX 327655761v1 ARTICLE 7 MISCELLANEOUS PROVISIONS 9 7.1 Additional Provisions 9 7.2 Retirement Plan Assets 10 7.3 GST Provisions 10 7.4 Miscellaneous Provisions 10 7.5 General Trust Provisions 10 ARTICLE 8 EXECUTION 10 8.1 Declaration of the Grantor 10 8.2 Execution by the Grantor 10 8.3 Execution by the Trustee 10 SCHEDULE A - POWERS OF TRUSTEE 1 SCHEDULE B - TRUST ADMINISTRATION.. 1 SCHEDULE C - ADMINISTRATION OF RETIREMENT PLAN TRUSTS 1 SCHEDULE D - PROVISIONS REGARDING GST TAX 1 SCHEDULE E - DEFINITIONS AND RULES OF CONSTRUCTION ... 1 SCHEDULE F - GENERAL TRUST PROVISIONS 1 ii PHX 327655761v1 WEBER LIVING TRUST THIS WEBER LIVING TRUST (the "Trust" or "Trust Agreement") is entered into between JOHN H. WEBER (hereinafter called "Grantor") and JOHN H. WEBER (hereinafter called "Trustee"), effective as of the date of execution, ARTICLE I DECLARATIONS OF TRUST 1.1 Principal of Trust. The Grantor declares that the Grantor has set aside, transferred and delivered to the Trustee the sum of Fifty Dollars ($50) and other assets of the Grantor, subject to any liabilities secured thereby, the receipt of which is hereby acknowledged by the Trustee. The Grantor may also transfer substantial additional property to this Trust by lifetime or testamentary transfer. The initial principal of the Trust, together with any other property that is transferred to the Trust and any income thereon, shall be held, administered and distributed by the Trustee as provided herein. 1.2 Declarations Concerning Family. The Grantor is not married. The Grantor has Two (2) children, namely MARK DANIEL WEBER, born February 27, 1986; and MELISSA GWEN WEBER, born February 27, 1986. The Grantor is a permanent resident of the County of Maricopa, State of Arizona. 1.3 Acceptance of Trust by the Trustee. No consideration was or will be given to or by the Trustee for the conveyance or transfer to it of any of the Trust Estate. The Trustee accepts title to the Trust Estate which is conveyed or transferred to it hereunder, without liability or responsibility for the conditions or validity of that title. The Trust Estate has been or will be conveyed or transferred to the Trustee, in trust, with power of sale, for the uses and purposes and upon the terms herein set forth. The Trustee agrees to perform the duties of the Trustee and to hold the Trust Estate, the proceeds thereof, and any other property which may be later added to the Trust Estate, subject to the terms of this Trust Agreement. ARTICLE 2 RIGHTS RESERVED TO THE GRANTOR 2.1 Power to Amend Trust. At any time or times during the life of the Grantor, the Grantor, by written notice filed with the Trustee, may change the interest of any Beneficiary in any Trust created or to be created pursuant to this Trust Agreement or any amendment to it, or amend any provision of this Trust Agreement or any amendment to it. 2.2 Power to Revoke. During the life of the Grantor, the Grantor may revoke this Trust by giving written notice to the Trustee. On revocation, the Trustee shall promptly deliver to the Grantor all of the Trust Estate. If, after a revocation of the Trust by the Grantor, the Trustee has not distributed all of the Trust Estate prior to the death of the Grantor for whatever reason, the Trustee shall retain bare legal title to the Trust Estate. Upon the death of the Grantor, the Trust Estate shall not be distributed in accordance with this Trust Agreement, but shall instead be distributed as designated by the Grantor in a Will or other written document executed 'IX 327655761 v1 concurrently with or after the date of revocation, or in the absence of such designation, shall be distributed to the Grantor's estate. 2.3 Powers of Amendment and Revocation Personal to the Grantor. The powers of the Grantor to amend this Trust Agreement and to revoke this Trust are personal to the Grantor and shall not be exercisable on the Grantor's behalf by any conservator or other person. 2.4 Trust Irrevocable Upon the Death of the Grantor. Upon the death of the Grantor, the Trust created by this Trust Agreement shall become irrevocable and not subject to amendment or alteration in any respect. 2.5 Additions. The Grantor shall have the right, at any time or times, to add to the Trust Estate, and the property so added to the Trust Estate, whether real, personal or mixed, shall, after notice to the Trustee, be subject to all the terms of this Trust Agreement. Any other person may, from time to time, with the consent of the Trustee, add property of any kind to the Trust Estate, or any part thereof, which shall be subject to all the terms and provisions of this Trust Agreement. ARTICLE 3 ADMINISTRATION OF TRUST ESTATE DURING THE LIFE OF THE GRANTOR 3.1 Accumulation of Income. So long as the Grantor is living, the Trustee shall accumulate all of the net income of the Trust Estate. Such accumulated income shall become principal of the Trust Estate, to be distributed as hereinafter set forth. 3.2 Distribution of Principal. Upon the written demand of the Grantor, the Trustee shall distribute and deliver to that person so much of the principal of the Trust Estate, as is demanded. This power of the Grantor may be exercised by a power of attorney executed by the Grantor, if specific reference is made to this provision of this Trust Agreement, and only to the extent thereto and, in such event, such principal shall be distributed to the holder of such power of attorney. 3.3 Support of the Grantor. In addition to the distributions from the Trust Estate set forth in the preceding Paragraphs of this Article, it shall be the discretionary duty of the Trustee to distribute to or apply for the use and benefit of the Grantor, from time to time, such reasonable amounts from the principal of the Trust Estate as the Trustee may deem necessary or advisable for the proper and reasonable support, maintenance and health of the Grantor, in accordance with his then accustomed manner of living. 3.4 Incapacity of the Grantor. Notwithstanding the foregoing Paragraphs, if at any time, as certified in writing by two (2) licensed physicians upon the request of any Interested Person (as defined in this Paragraph), the Grantor has become physically or mentally incapacitated, whether or not a court of competent jurisdiction has declared the Grantor incompetent, mentally i11 or in need of a conservator, the Trustee shall, from time to time, apply for the benefit of the Grantor the amounts of net income and principal necessary, in the discretion of the Trustee, for the proper and reasonable support, maintenance and health of the 2 PHX 327655761v1 Grantor in accordance with the Grantor's then accustomed manner of living, until the Grantor is again able to manage the Grantor's own affairs (as certified in writing by two (2) licensed physicians), or until the death of the Grantor. Any income in excess of the amounts applied for the benefit of the Grantor shall be accumulated and added to the principal. If a conservator of the estate is appointed for the Grantor, the Trustee shall take into account any distributions made for the Grantor's benefit by the conservator. The Grantor waives the physician -patient privilege to the extent needed to implement the purpose of these provisions. For purposes of this Paragraph, the term "Interested Person" shall include only the issue of the Grantor. "Interested Person" shall specifically exclude any creditor of the Grantor, any person (except the Grantor) who may have a claim against the Trust Estate and any person who may otherwise qualify as an interested person as provided under Arizona Revised Statutes 36-3201. If the Grantor is incapacitated, the Trustee may also pay to any person (A) whom the Grantor is legally obligated to support or (B) who is related to the Grantor by blood, marriage or adoption and whom the Grantor was supporting at the time the Grantor became incapacitated, such sums as shall be reasonably necessary for such person's education, support in such person's accustomed manner of living and such person's medical, dental, hospital and nursing expenses and expenses of invalidism. 3.5 Grantor Not To Be Placed in Nursing Home. Except as provided in the last sentence of this Paragraph, it is the Grantor's intention that the Grantor not be placed in a nursing home, convalescent home or other similar facility without the Grantor's informed consent. If at any time the Grantor is incapable of giving his informed consent, then, to the extent possible, the Trustee shall use Trust income and, if insufficient, Trust principal for the purpose of providing nursing care for the Grantor in the Grantor's own home. To the extent such payments are from Trust principal, they shall be paid in the manner described in Paragraph 3.4, above. In the event that there are special circumstances in which the Trustee decides that a nursing home, convalescent home or other similar facility would provide substantially better medical care for the Grantor than the Grantor would receive in the Grantor's own home, and only if these special and unusual circumstances exist, the Trustee may choose to use Trust funds to provide for the Grantor's care in a nursing home, convalescent home or other similar facility of the highest quality. 3.6 Certain Transfers By Direction of Grantor During the Grantor's Lifetime. The Grantor intends that certain transfers pursuant to the Grantor's written instruction should be treated as a withdrawal of property from the Trust followed by a transfer by the Grantor to the Grantor or other parties, in accordance with such written instruction. For example, in the case of a transfer that is intended to be a gift from the Grantor to any person, the Trustee shall execute any and all documents required to vest title to the gift property in the name of the transferee, without first retitling such assets in the name of the Grantor. The intent of the Grantor is to avoid the expense and delay of multiple retitling, without changing the character of the transfer as being, in substance, a withdrawal of property from the Trust, followed by a transfer by the Grantor. Accordingly, such transfer is intended to be and shall be treated for all purposes as first a distribution of the property to the Grantor followed by a gift transfer of the property to the donee(s) by the Grantor as donor, acting individually or through one or more attorneys in fact. 3 PHX 327655761v1 ARTICLE 4 CREATION AND ADMINISTRATION OF ADMINISTRATIVE TRUST 4.1 Creation and Administration of Administrative Trust. Upon the death of the Grantor, the Trust Estate, including any additions thereto by reason of the death of the Grantor, may thereafter be held as an "Administrative Trust." The Trustee may pay all expenses relating to the Administrative Trust, as provided in the remaining provisions of this Article, and distribute the balance of the Administrative Trust (the "Balance") to the Family Trust. The Trustee may distribute the Balance in a single distribution or in a series of partial distributions. If distribution of the Balance is to be made to one or more Beneficiaries, then until full distribution has been made to any such Beneficiary, the Trustee of the Administrative Trust may pay to that Beneficiary (or to a Trust to be established for such Beneficiary pursuant to the terms hereof) such amounts of income and/or principal as are consistent with the terms hereof. Such payments shall be in lieu of and thus credited toward the income and/or principal remaining to be distributed to such Beneficiary (or to the Trust to be established for such Beneficiary pursuant to the terms hereof). No payment shall be made to any Beneficiary (or to the Trust to be established for such Beneficiary pursuant to the terms hereof) which exceeds the amount of income and/or principal then remaining to be distributed to such Beneficiary (or Trust) as provided herein, nor shall any payment of income and/or principal be made to any Beneficiary of any such Trust which exceeds the amount which might properly be distributed to such Beneficiary at that time under the terms of such Trust. The Administrative Trust shall be deemed to be terminated when all of the assets of the Administrative Trust have been used to pay expenses or allocated or distributed as provided in this Article, except for a reasonable amount which is set aside for the payment of unascertained or contingent liabilities and expenses (excluding any claim by a Beneficiary in his or her capacity as such). ARTICLE 5 ADMINISTRATION OF FAMILY TRUST 5.1 Administration of Family Trust Upon and After the Death of the Grantor as. Set Forth in This Article. Upon and after the death of the Grantor, the Trustee shall retain, divide, administer or distribute the remaining balance of the Family Trust, as set forth in this Article. 5.2 Distribution of Tangible Personal Property. The Trustee shall distribute all personal automobiles, recreational vehicles, boats, china, silver, books, pictures, paintings, sculpture, other works of art, furniture and furnishings, clothing, jewelry, personal effects and all similar items of tangible personal property, together with all insurance policies covering such items ("Personal Property"), as provided pursuant to a statement prepared by the Grantor and attached hereto. Any tangible personal property not provided for shall be distributed to the children of the Grantor then living and children of the Grantor then deceased leaving issue then living. The Trustee shall allocate one (1) equal share to each living child of the Grantor and one (1) equal share to each group composed of the living issue of a deceased child of the Grantor to be further allocated in subshares among those issue by right of representation. The Trustee shall divide the Personal Property in as nearly equal shares as the Trustee deems practicable, having 4 PHX 327655761v1 due regard for the personal preferences of the Beneficiaries, and the Trustee's decision in regard thereto shall be final. If no children or issue of the Grantor so survive, this gift of Personal Property shall be distributed to pursuant to Paragraph 5.9, below. 5.3 Division of Remaining Family Trust. As soon as reasonably practicable after the death of the Grantor and after distributions, if any, pursuant to the provisions of Paragraph 5.2, above and further subject to the remaining provisions of this Paragraph, the Trustee shall divide the remaining Family Trust into as many equal shares as there are children of the Grantor then living and children of the Grantor then deceased leaving issue then living. The Trustee shall allocate one (1) equal share to each living child of the Grantor and one (1) equal share to each group composed of the living issue of a deceased child of the Grantor to be further allocated in subshares among those issue by right of representation. Each share or subshare established pursuant to this Paragraph shall be a separate Trust, to be held, administered and distributed in accordance with the remaining provisions of this Article. With respect to any benefits of a Qualified Retirement Plan (as hereafter defined in the Schedule entitled "Administration of Retirement Plan Trusts") to be allocated to the Family Trust, such benefits shall be specifically allocated among the Beneficiaries of the Family Trust (determined pursuant to this Paragraph in accordance with the foregoing principles set forth in this Paragraph). The share of such benefits allocated to each Beneficiary of the Family Trust shall be held by the Qualified Retirement Plan administrator as a separate account in accordance with the Schedule entitled "Administration of Retirement Plan Trusts." 5.4 Distribution of Income. Subject to the remaining provisions of this Article, the net income of a Trust created hereunder shall be distributed to or applied for the use and benefit of the respective Beneficiary thereof in monthly or other convenient installments, but not less frequently than quarter -annually. 5.5 Income for Beneficiary Under Certain Age. Notwithstanding anything to the contrary herein, if any Beneficiary shall become entitled to income from a Trust created hereunder before that Beneficiary has reached the age of twenty-one (21) years, then the Trustee shall continue to hold the income from the Trust of that Beneficiary in trust, with like powers as to management and investment thereof as herein set out and shall use and apply that income, as the Trustee may deem necessary, directly for the proper and reasonable support, maintenance, health and education of the Beneficiary. Any unexpended part of the net income shall be added to the principal until that Beneficiary reaches the age of twenty-one (21) years, from and after which time that Beneficiary shall be entitled to the net income from that Trust as hereinbefore set forth. Income not expended for a Beneficiary shall become principal of that Beneficiary's Trust and shall be distributed as hereinafter set forth in this Article. 5.6 Distribution of Principal. Until complete distribution pursuant to the provisions of this Paragraph, the Trustee may distribute to or apply for the benefit of each Beneficiary or that Beneficiary's issue, out of the principal of that Beneficiary's Trust, those sums as the Trustee, in the Trustee's discretion, considers necessary for the proper support, maintenance, health and education of any one or more of that Beneficiary or that Beneficiary's issue, after taking into consideration, to the extent the Trustee considers advisable, any income or other resources of the Beneficiary or that Beneficiary's issue, as appropriate, outside of any Trust created pursuant to this Trust Agreement known to the Trustee and reasonably available for those purposes; 5 PHX 327655761v1 provided, however, that no portion of the amount or amounts so distributed may be used to discharge any obligation of a parent of such issue to support any of those issue. Any distribution or application of benefits to or for any issue of a Beneficiary under this Paragraph shall be charged against that Beneficiary's Trust as a whole, rather than against any potential ultimate distributive share of the issue (or such issue's lineal ancestors or lineal descendants) to whom or for whose benefit the distribution is made. Without limiting the discretion of the Trustee, the following are types of situations which the Grantor contemplates might be appropriate to make such principal distributions to Beneficiaries: (a) To assist Beneficiaries in paying for their wedding expenses. When any Beneficiary shall attain the following ages, the Beneficiary shall have the right to request by written instrument to the Trustee withdrawal of the following portion of the principal of that Beneficiary's Trust: Age Portion of Trust to Be Distributed Twenty-five (25) years One Third (1/3) of the balance of the Trust Thirty-two (32) years One Third (1/3) of the balance of the Trust Forty (40) years The balance of the Trust, together with any undistributed income therefrom. 5.7 Power of Appointment. Upon a Beneficiary's death, the assets in his or her Beneficiary's Trust shall be subject to a special power of appointment exercisable by the Beneficiary in favor of such one (1) or more persons and entities, other than the creditors of such Beneficiary, such Beneficiary's estate, or the creditors of such Beneficiary's estate, on the terms and conditions, either outright or in trust, as the Beneficiary may appoint by a signed, notarized instrument other than a Will or a codicil thereto, specifically referring to and exercising this general power of appointment. If or to the extent that (a) the Beneficiary shall have failed to exercise the power of appointment conferred upon him or her under this Paragraph; (b) an attempted exercise by the Beneficiary of these powers shall have been invalid or ineffective for any reason; or (c) the Beneficiary shall have released or renounced these powers, the property subject to them shall be distributed as provided in Paragraph 5.9, below. 5.8 Distribution Upon the Death of a Beneficiary. Upon the death of a Beneficiary, the undistributed balance of that Beneficiary's Trust shall be allocated into separate Trusts among the issue of that deceased Beneficiary, with allocation to be made among such issue by right of representation. If there is no then -living issue of that deceased Beneficiary, the deceased Beneficiary's Trust shall be divided into shares and/or subshares for the then living issue of that deceased Beneficiary's nearest ancestor not more remote than the Grantor (provided any such issue is a lineal descendant of the Grantor), with allocation to be made among such issue by right of representation. Any share so established for either (a) the issue of that deceased Beneficiary or (b) the issue of that deceased Beneficiary's nearest ancestor not more remote than the Grantor (provided any such issue is a lineal descendant of the Grantor) shall be held in trust and distributed in accordance with this Article. However, if any part of that deceased Beneficiary's PNX 6 327655761v1 Trust would otherwise be held in trust for a Beneficiary for whose benefit a Trust is already then being administered under this Trust Agreement, that part shall instead be added to that Trust and shall thereafter be administered according to its terms, except that, if that Trust provides for distribution in installments and if that Beneficiary has received a fractional distribution of that Trust pursuant to its terms, then there shall be distributed to that Beneficiary, free of trust, a fraction of that part equal to the fraction of that Beneficiary's interest previously distributed to that Beneficiary. 5.9 Contingent Beneficiaries. If at the time of the death of the Grantor, or at any later time before full distribution of the Family Trust, no other disposition of the Family Trust is directed by this Trust Agreement, the Family Trust, or the portion of it then remaining, shall be distributed, free of trust, to those persons who would then be the heirs of the Grantor, their identities and respective shares to be determined as though the death of the Grantor had occurred at that time, in accordance with the laws of the State of Arizona then in effect relating to the succession of separate property not acquired from a predeceased spouse or ancestor. ARTICLE 6 TRUSTEE PROVISIONS 6.1 Powers of Trustee. To carry out the purposes of this Trust and subject to any limitations provided elsewhere in this Trust Agreement, the Trustee is vested with the powers set forth in Schedule A, attached hereto and incorporated herein by this reference, in addition to those now or hereafter conferred by law, affecting the trusts and the trust estates, all of said powers to be exercised in Trustee's fiduciary capacity and not otherwise. 6.2 Designated Successor Trustee. If the Grantor shall become unable to serve or otherwise cease to act as Trustee hereunder, then JOHN SULLIVAN shall act as successor Trustee hereunder. If JOHN SULLIVAN shall fail to qualify, become unable to serve or otherwise cease to act as Trustee hereunder, then MARK DANIEL WEBER shall act as successor Trustee under this Trust Agreement. 6.3 Power to Designate a Successor Trustee. (a) If, at any time, any individual is named or acting as a Trustee hereunder and there is no named successor Trustee to that individual or the named successor is then unavailable to act as Trustee hereunder, then, that individual shall have the power: (1) to designate one or more successor Trustees or Co -Trustees who shall act as Trustees or Co -Trustees hereunder, as the case may be, in the order designated if and when that individual ceases to act as Trustee hereunder, or (2) to designate a Co -Trustee to serve only with such individual, which designation shall provide that such designated Co -Trustee shall be deemed to resign and shall cease to serve as Co -Trustee if, as and when the individual who designated him ceases to serve as Co -Trustee. 7 PI -1X 327655761v1 (b) If, at any time, any individual is named as a Trustee hereunder and there is a named successor Trustee or Trustees, that individual shall have the foregoing power: (1) contingent upon such named successor(s) not being available to serve as Trustee at the time needed, or (2) when such named successor(s) ceases to act as Trustee hereunder. The foregoing power may be exercised by a Trustee by giving written notice of the designation of a successor Trustee to the then -living adult Beneficiaries and the guardians of any minor Beneficiaries, and as otherwise required by law. If more than one individual named Trustee exercises the foregoing power, priority shall be given to the designations of the earlier named Trustee hereunder, irrespective of the order in time that the foregoing notices were given. A Co - Trustee shall have the same power to nominate successors as granted to a sole Trustee hereunder, except that if two or more Co -Trustees make such designation, the named successor Trustees of a Co -Trustee shall be deemed to be named successor Co -Trustees (to serve in the order of priority designated) with the named successor Trustees (also to serve in the order of priority designated) of the other one or more Co -Trustees who made such designation. Any designation pursuant to this Paragraph may be revoked or amended by such Trustee by giving written notice in the same manner as the designation was made as provided above. Any Trustee designated pursuant to this Paragraph shall have all of the powers conferred upon a named Trustee under this Trust Agreement, shall serve without bond and shall for all other purposes be treated as a named Trustee under this Trust Agreement. 6.4 Right of Trustee to Resign. Any Trustee acting as a Trustee under any Trust created hereunder may resign and be discharged from acting as a Trustee of that Trust by giving written notice of its resignation to any remaining Co -Trustee, to the adult Beneficiaries and to the guardians of any minor Beneficiaries. The notice shall be served personally or by certified or registered mail, postage prepaid, return receipt requested, and shall specify the date when the resignation shall take effect. The effective date of the resignation shall be at least thirty (30) days after the service or mailing thereof, unless the person or persons to whom notice of the resignation shall have been given shall otherwise consent. The adult Beneficiaries and guardians of any minor Beneficiaries, unless a successor Trustee is designated or otherwise appointed as provided in this Trust Agreement, may by action of a majority in interest, in a written instrument, designate a successor Trustee or Co -Trustee (either individual Trustees and/or a Corporate Trustee) for the Trusts herein created; provided that any designated successor Corporate Trustee has either (a) a combined capital and surplus (including the capital and surplus of its affiliated entities) of at least Fifty Million Dollars ($50,000,000), or (b) assets under management (including assets under management by its affiliated entities) of at least One Billion Dollars ($1,000,000,000) and provided further, that the Beneficiaries shall not be permitted to designate any individual Trustee who is considered to be a related or subordinate party subservient to the wishes of any Beneficiary, within the meaning of Internal Revenue Code Section 672(c) or any successor to that Section. 6.5 Declination of a Named Successor Trustee. Any person or Corporate Trustee named as a successor Trustee under the Trust may decline at any time to act as Trustee of any Trust created hereunder by giving written notice of declination to the acting Trustee. If there is PI -IX 32765576fvi no acting Trustee at that time, notice shall instead be given to the next named Trustee or, if none is named, then to the adult Beneficiaries and the guardians of any minor Beneficiaries. The notice may be served personally, or by certified or registered mail, postage prepaid, return receipt requested. 6.6 Substitution of Corporate Trustee. At any time that a Corporate Trustee is serving as Trustee of any Trust created pursuant to the provisions of this Trust Agreement, the adult Beneficiaries and the guardians of any minor Beneficiaries of such Trusts shall have the power, by action of a majority in interest (except for the Administrative Trust which shall require unanimity), to transfer the administration of those Trusts to a new Corporate Trustee who has either (a) a combined capital and surplus (including the capital and surplus of its affiliated entities) of at least Fifty Million Dollars ($50,000,000), or (b) assets under management (including assets under management by its affiliated entities) of at least One Billion Dollars ($1,000,000,000). The substitution of a new Corporate Trustee shall be made by the giving of written notice by the guardians and adult Beneficiaries directed to the then -acting Corporate Trustee, indicating the desire of the guardians and adult Beneficiaries to effect a substitution in the office of Corporate Trustee and designating the new Corporate Trustee selected. Upon securing the approval of the transfer and substitution by a court of competent jurisdiction to the extent that the approval may be required by law, or within thirty (30) days after receipt of the notice hereinabove mentioned, the Corporate Trustee then serving as Trustee hereunder shall transfer and convey the entire interest of that Corporate Trustee in the Trust Estate to the new and substituted Corporate Trustee. The purposes of the foregoing provisions are to insure harmonious relations between the Corporate Trustee and the Beneficiaries, and to further the effective and efficient management of the Trusts created hereunder. At any time that a Corporate Trustee is named as a Trustee of any Trust created pursuant to the provisions of this Trust Agreement and that Corporate Trustee (a) declines to act as Trustee, (b) otherwise does not commence to act as Trustee or (c) is a named successor Trustee, the adult Beneficiaries and the guardians of any minor Beneficiaries of such Trust shall have the power, by action of a majority in interest, to substitute a new Corporate Trustee in the place of the named Corporate Trustee. The new Corporate Trustee must have either (a) a combined capital and surplus (including the capital and surplus of its affiliated entities) of at least Fifty Million Dollars ($50,000,000), or (b) assets under management (including assets under management by its affiliated entities) of at least One Billion Dollars ($1,000,000,000). The new Corporate Trustee shall replace the named Corporate Trustee for all purposes of this Trust Agreement. The power given in this paragraph shall not be deemed to be exhausted by a single exercise thereof. However, the power to substitute a Corporate Trustee may be exercised by the holders thereof no more frequently than (a) once during any three (3) year period or (b) twice during any five (5) year period with respect to any trust hereunder. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Additional Provisions. Additional provisions respecting Trustees and the administration of any trust established under this Trust Agreement are set forth in Schedule B, attached hereto and incorporated herein by this reference and shall apply to the administration of any and all Trusts created pursuant to the provisions of this Trust Agreement. 9 PHX 327655761v1 7.2 Retirement Plan Assets. Provisions respecting the administration of retirement plan assets are set forth in Schedule C, attached hereto and incorporated herein by this reference. 7.3 GST Provisions. Provisions regarding the GST tax are set forth in Schedule D, attached hereto and incorporated by this reference. 7.4 Miscellaneous Provisions. Definitions and rules of construction are set forth in Schedule E, attached hereto and incorporated herein by this reference. Such definitions and rules of construction shall apply to the terms listed in the Trust Agreement wherever those terms are used in this Trust Agreement and wherever reference is made to those terms in this Trust Agreement. 7.5 General Trust Provisions. General Trust provisions respecting the administration of any trust established under this Trust Agreement are set forth in Schedule F, attached hereto and incorporated herein by this reference. ARTICLE 8 EXECUTION 8.1 Declaration of the Grantor. The undersigned Grantor does hereby certify that he has read this Trust Agreement and it fully and accurately sets out the terms, Trusts and conditions under which the Trust Estate herein described is to be held, managed and disposed of by the Trustee herein named, and he hereby approves, ratifies and confirms this Trust Agreement in all particulars. 8.2 Execution by the Grantor. Executed at Phoenix, Arizona, on December 2006. GRANT WEBER 8.3 Execution by the Truste he foregoing Trust Agreement has been accepted by the Trustee thereunder. TRUST 41F,Z,/,, OrWEBER 10 PHX 327655761v1 STATE OF ARIZONA ) COUNTY OF MARICOPA ) [] On December / 7l , 2006, before me, personally appeared John H. Weber personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL. SEAL CYRIE LOVEJOY Notary Public - STATE OF ARIZONA MRICOPA t; OUN MyGommisso EAiressJuly 25,2009 () Individual(s) Partner(s) Trustee(s) Corporate Officer(s): CAPACITY CLAIMED BY SIGNER: Title(s) Name of Person(s) or Entity(ies): Name of Instrument: PHX 327655761v1 I] [] [] [] Attorney -In -Fact Subscribing Witness Guardian/Conservator Other: SIGNER IS REPRESENTING: JOHN H. WEBER and the WEBER LIVING TRUST WEBER LIVING TRUST 11 Lamont Planning Services, LLC Memo To: Molly Orkild-Larson, Senior Planner Garfield County Community Development Department From: Leslie Lamont Date: August 26, 2013 Re: Weber Lot Tie — Proof of Public Notice Molly, please find attached to this short memo the receipts from the certified mailing. Because Aspen Glen HOA is one of the adjacent property owners 1 included that envelop with notice as well. With regard to mineral interests, I spent an hour and a half in the Garfield County Clerk and Recorder's office researching current addresses for those interests that were found on the Filing 1 Plat for Aspen Glen in which this property is located. One of the clerks helped me research these interests and I was able to track down only one current address which is Gentry in Meeker, Colorado. p:970-963-8434 e:Ieziamont@gmail.com c:970-948-1357 836966 06/19/2013 04:04:15 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded .40 ra 4,1 :, SPECIAL. WARRANTY DEED .. THIS DEED Is dated the / / day of _ .....j..-4144":. ter `� ' 4)29 (3,and Is made between (whether one, or mom than oriel John weber • the "Grantor" Ogle County of Hampton and State of Arizona and . Weber Living Trust ttvtunher net or mon than one), the "Grantee"r whose legal address Is 7676 EastBalao Drive, Scottsdale, AZ 05266 of the County of Hamilton and Slate of Arfztine. • WITNESS, that the Grantor, for and In consideration of the sum of Ten dollars and other good and valuable consideration 1 510.00 ), the receipt and sufficiency of which is hereby adanowiedged, hereby any grants,te together with sets, conveys and confirms unto tha Grantee end the Grantees heirs and assigns forever, an the real property, g improvements thereon, located in the County or Gadfeld and State of Colorado described as fellows: Lot F-2 ASPEN GLEN, FILING NO. 1 According to the Plat thereof recorded April 6, 1996 es Reception No. 476330 County of Garfield, State of Colorado also known by street address as: 31 River Park Lana, Carbondale, CO 81623 TOGETHER with all and singular the hereditament; end appurtenances thereto belonging. or In anywise appertaining, the reversions, remainders, rant;, issues and proyte thereof, and all the estate, right, sue, Infetesr, claim and demand whatsoever ether Grantor, ether fn law or equity, of, In end to the above bargained premises, with the haredltamente and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grsntor's tetra and assigns, does covenant, grant, bargain, end agree that the Grantor Ghat end will WARRANT THE TITLE AND DEFEND the above described 'premises, but not any adjofning vacated stoat or alley, If any, In the quiet and peaceable possession of the Grantee and the heirs and assigns of lire Grantee, against all and every person or parsons dishing the whore or arty pat thereof, by, through, or and :Ft eOrariiset except and subject to: • Those exceptions ofrecord F, the Grantor has executed this deed on the date set forth above. . ERE State ofArizone County of rlitlel*f Lam.. The foregoing instrument was aeknnwfedged before me this 1 imn day of June, 2013. by John Weber, • wwa+,rr��r�vwur�r� w�rw�se+w.�r DEBRA A, NMCHUAL,9 NOTARY PUBLIC -AR1ZONA ' µ 1JQOpACOUNTY .s My Commission Expires . I Jul. 6, 2013. aa+ 'dr�r-OAseermereeretmorderastasers,it„t Witness my hand and official seal, Notary Public My commission expires: Speoki Warranty need Sled - Pagel oft Attachment D 1111WerY11110111Vir ll MILIAVICIAteliV 11111 Reception#: 774149 0012B/2009 12:50:25 PM Jean A1berioo 1 of 1 Rea Pea:$6.00 Don Fee:G.00 GARFIELD COUNTY CO Return to: Sam Levy, Esq. Greenberg Traurig, LLP 1200 17th Street, Suite 2400 Denver, Colorado 80202 (303) 685-7406 BARGAIN AND SALE DEED John 11. Weber, an individual ("Grantor"), whose address is 13122 Duval Drive, Fishers, Indiana 46037, County of Hamilton, State of Indiana, for the consideration of $10.00 in hand paid and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby bargains, sells and conveys to the Weber Living Trust ("Grantee"), whose address is o%o John H. Weber, Trustee, 13122 Duval Drive, Fishers, Indiana 46037, County of Hamilton, State of Indiana, the following real property situate in the County of Garfield and State of Colorado, to wit: Lot F-1 Aspen Glen, Filing No. 1, According to the Plat thereof recorded April 6, 1995 as Reception No. 476330, County of Garfield, State of Colorado also known by street address as: TBD River Park Lane, Carbondale, CO 81623 with all of its appurtenances. TRANSFER WITHOUT CONSIDERATION -- NO DOCUMENTARY TAX DUE Signed this +l day of >�u 94 S-� , 204' / J, H. Weber STATE OF T.J.—.41V‘clonct )ss. COUNTY OF YY\cks:S. The foregoing instrument was acknowledged before roe this "..yth day of fu�9tO s 2130 byy�'. , John H. Weber. 1'4 WFfF Witness my hand and official seal. . 11 Notary Publ�,� 1 Webb My commission expires: 1 Ih l io 1111 11I111PEAI Ir0111 1 I III Reception#: 842384 102312013 02:29 22 F1 Jean P berlco 1 or 1 Rec Fee -$11 00 Doc Fee -0.00 GARFIELD COUNTY 00 QUIT CLAIM DEED THIS DEED, made this 18th day of September, 2013, by and between SourceGas Distribution LLC, a Delaware limited liability company, formerly known as Kinder Morgan, Inc., a Kansas corporation, party of the first part, whose address is 600 12th Street, Suite 300, Golden, CO 80401, grantor, and the Weber Living Trust, grantee, whose legal address is 7676 East Balao Drive, Scottsdale, AZ 85266 of the County of Hamilton and State of Arizona WITNESSETH, that the grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee, all the right title, interest, claim and demand which the grantor has in and to those certain lands, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Lot 1 and 2, Block 9, Aspen Glen Filing No. 1, according to the plat thereof fled June 15, 1971, as Reception No. 74503 in the office of the Clerk and Recorder, Garfield County, Colorado more particularly described as follows; Utility Easement lying between Lots F1 and F2, Amended Final Plat of Lot F1 and F2, Aspen Glen Filing No. 1 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity to the only proper use, benefit and behoof of the grantee its heirs, successors and assigns forever. IN WITLESS this ?%" day of OF, the party of the first part has executed this Quit Claim Deed , 201 STATE OF COLORADO COUNTY OF JEFFERSON 's•intitument was ap bY 00'4'4-4•'- %fir' cT, as W�t Asi/ nihand and official seal. IY/j i .ion expires: Z - i 7- 7.,c/.1 h �C.. c.-� 4._ ] Notary Phi Irk SourceGas Di tribut LLC. By: >/l ss. r;F owledged before me on the 7 day (' 42 , 20 /4 `i' of SourceGas Distribution LLC. Attachment F Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY' ) and ?roperty Owner ("APPLICANT") Mr. John Weber agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amended Fina Plat Review - Lots F1 & F2, Aspen Glen, Filing No. 1 2. The Applicant undarstan:is and agrees that Garfield County Resolution No. 98-09, as amended, establis les a fee schedule for each type application, and the guidelines for the administration of he fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, t is nct possible at this time to ascertain the full extent of the costs involved in proces >ing the application. The Applicant agrees to make payment of the Base Fee, established fc r the Project, and to thereafter permit additional costs to be billed to the Applicant. The Ap 3licant agrees to make additional payments upon notification by the County, when the', 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 deterr+ ined necessary by the Board of County Commissioners for the consideration of a7 appl cation 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 o the County to reimburse the County for the processing of the Project. The Applicant acknowlecges that all billing shall be paid prior to the final consideration by the County of any _and Use Change or Division of Land. I hereby agree to pay all fees relal ed to this application: Billing Contact Person: Mr. Jc hn Weber Billing Contact Address: 9683 East Mariola Way City: Scottsdale Phone: ( 602 ) 412-7851 Billing Contact Email: weber,john@remyinc.com State: AZ Zip Code: 85262 Printe+ .+e of Person Authc rized to Sign. John Weber // 1.--/' tV7Zillft7-? (Signature) (Date) Attachment G wont r 0 1 E1, $S ;fig s t 1 9 F TUTTI.K SURyd'YINC SAW ITCES 727 Blake .4 monde Glenwood SP`:n9s, Colorado 81601 (970) 928-9708 (FAX 947-9007) bfv,a:r- fyodrvAnonn Tic Amended Plat of of Lots Fl & TBD River Park Carbondale, Co 81601 b JW Pew 12/78/2012 Director's Determination 08/30/13 MOL PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Amended Final Plat — Aspen Glen, Filing 1, Lot F1 and F2 (FPAA 7596) APPLICANTS (OWNERS): John Weber/Weber Living Trust REPRESENTATIVES: Dan Gruenefeldt LEGAL DESCRIPTION: Lot F1 and Lot F2, Filing 1, Aspen Glen PRACTICAL DESCRIPTION: 0009 and 0031 River Park Drive, Carbondale, CO EXISTING LOT SIZES: Lot F1: 0765 acres (Parcel No. 2393-203-05-001, Lot F2: 0.658 acres (Parcel No. 2393-203-05-002) ZONING: Planned Unit Development (PUD) I. GENERAL PROJECT DESCRIPTION The Applicant seeks to remove the lot line between Lots F1 and F2 within the Aspen Glen subdivision to create a single lot and building envelope. With this amendment, the new lot will be 1.423 acres in size with an envelope of 24,999 square feet or 0.57 acres. The building envelops of the original Tots will be combined into one envelop that equals the total of both envelops added together. The Applicant has presented this amendment to the Aspen Glen's Design Review Committee (DRC) and has received their approval. An-lent/re/ lint Pia/ of Lot PI and f7 drpere (.Yen, /4;4''7w Yo. / County of Calfietde State 0/ Colorado Iau Pkl aas cnafrd h dinvhr M. Ler LY 110¥ ! 10? P/ and Lae P4 ..d ...a* aar 64441,1.4, rnir/op dig an arra .pval b Lie .o41,14irv4 arra .7 Me 6..444, .a.elap.. u ? lh4 1 Presently, the following easements exist on Lots F1 and F2: • 12.5 foot drainage easement — northeast side of Lot F2; • 20 foot utility easement — southwest side of both Lots F1 and F2; • 7.5 foot utility, drainage and irrigation easement — southwest side of Lots F1 and F2; and south side of Lot F1; • 15.5 foot utility, drainage and irrigation easement — southeast side of Lot F2; • 11.5 foot utility, drainage and irrigation easement — northeast side of Lots F1 and F2; • 15 foot utility easement — 7.5 feet on Lot F1 and Lot F2. The application states that the DRC approved the vacation of the drainage easement between Lots F1 and F2. The 15 foot utility easement between Lots F1 and F2 lots is proposed to be vacated as the propose improvements will be constructed over the easement. The Applicant has provided emails from Holy Cross Energy, Com Cast, and Century Link stating that they have no existing lines within this easement and give their permission to vacate the easement. A letter received from SourceGas states that they have no lines within the easement and will quit claim and release interest of this utility easement. II. LOCATION AND SITE DESCRIPTION The subject lots are located within the Aspen Glen subdivision and are undeveloped. These lots are located as shown below. III. ZONING AND ADJACENT LAND USES The lots are zoned PUD and are adjacent to other lots within the subdivision also zoned PUD (north, east, and south) and Aspen Glen Homeowners Association open space to the west. IV. REFERRAL AGENCY COMMENTS Staff referred the application to the following County Departments for their review and comment and as per Section 4-103 (B)(2)(c) and 4-103 (B)(3), the Applicant is required to notify adjacent property owners of the proposed application. Comments received are noted below. • Garfield County Surveyor — Exhibit A • Aspen Glen Home Owners Association — Exhibit B • Adjacent Property Owners — A phone call was received inquiring on the size of the home that will be built on the lot. 2 V. REVIEW STANDARDS & STAFF COMMENTS The Amended Final Plat Application is being processed in accordance with Section 5-305, Amended Final Plat and Section 4-103, Administrative Review of the Land Use and Development Code (LUDC). The criteria used to review the application are set forth in Section 5-305 (C) and includes: 1. Does not increase the number of lots; and Staff Comment: A lot line is being removed to create one larger lot. 2. Does not result in a major relocation of a road or add any new road; or. Staff Comment: Not applicable. 3. Will correct technical errors such as surveying or drafting errors. Staff Comment: Not applicable. VI. RECOMMENDED FINDINGS Should the Community Development Department Director approve the request to Amended the Final Plat for the Aspen Glen Subdivision, Filing 1, Lot F1 and Lot F2 through the Amended Final Plat Review, staff suggests the following findings: 1. That the proper public notice was provided in accordance with Section 4-103 of the Land Use and Development Code. 2. That the review of this application was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties had an opportunity to be heard before the given Director's Determination approval date of August 30, 2013. 3. That for the above stated and other reasons the proposed amended final plat are in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the recommended conditions, the application will be in general conformance with the 2030 Comprehensive Plan. 5. That with the recommended conditions, the application will adequately meet the requirements of the Garfield County Land Use and Development Code, as the same has been amended at the time the application was deemed by the Community Development Department to be technically complete. IV. STAFF RECOMMENDATION Staff supports the finding that the Amended Final Plat application to amend Lot F1 and Lot F2 satisfies the requirements and standards of the Garfield County LUDC and recommends that the Director of Community Development approve the requested Final Plat Amendment with the following conditions: 1. That all representations of the Applicants shall be considered conditions of approval unless amended herein. 2. That prior to scheduling the Final Plat for Board of County Commissioner signature, the Applicant shall complete the following required plat changes: 3 a. Add the following Plat Notes: • All plat notes set forth on the Final Plat for Aspen Glen, Filing 1, recorded as Reception No. 476330, and any amendments thereto applicable to the tracts described in this Amended Plat, shall remain in effect. • The owner of the lot shall abandon one of the lot's water tap so that the curb stop shall be lowered one -foot and covered with traffic bearing, at grade, cast iron valve box. • The owner of the lot shall abandon one of the fot's sewer taps so that the sewer stub out shall be lowered one -foot and covered with traffic bearing, at grade, cast iron valve. • The owner of the lot abandoning services shall provide as -built location certificates of both the water and sewer services to the Roaring Fork Water and Sanitation District. b. The drainage easements shown on Lot F1 and Lot F2, Aspen Glen, Filing No. 1, recorded as Reception No. 476330, are hereby vacated by this plat amendment. Future grading and drainage patterns will be considered by the Aspen Glen Design Review Committee and/or Garfield County at the time of review for future improvements to property which require permitting. c. Add a "Site Data Summary" that indicates the acreage of each of the existing platted lots and acreage of the amended lot; d. Under the title of the plat, remove "This Plat was created to dissolve the lot line between F1 and Lot F2 and create one building envelope with an area equal to the combined area of the building envelopes as platted" and place it under the Plat Notes. e. Under the following certificates revise the following: Certificate of Dedication and Ownership (see attached certificates) • Amend to reflect the wording in the Dedication and Ownership Certificate. • Capitalize "reception" and "no." • Fix the spelling of "installation." Title Certificate • Correct the spelling of "vested." County Surveyor's Certificate • Amend to reflect the wording in the County's Certificate. • Don't capitalize "content and form." • Remember to add the "section" symbol after C.R.S. Surveyor's Certificate • Amend to reflect the wording in the County's Certificate. • Add "of Amended Final Plat Lot F1 and Lot F2, Filing 1, Aspen Glen" after"dimension of lots, easements and streets." • Add your address under your name. 3. The resulting Lot name shall be indicated on the Plat along with the resulting acreage. 4. All boundary monuments shall be found or set and indicated as such on the Plat. 5. The Applicant shall provide a Quit Claim Deed and Easement Release from Source Gas prior to signing of the final plat. 4 6. All requirements from the County Surveyor shall be met prior to submittal of the plat for final execution. 7. All requirements from the County Attorney's office shall be met prior to submittal of the plat for final execution. 8. That prior to scheduling the plat for Board of County Commissioner's signature, the Applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder, and County Surveyor. 9. Within 90 days of the final decision the Amended Plat shall be signed by the Chairman of the Board of County Commissioners and recorded in the office of the Garfield County Clerk and Recorder. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado State Law, and approved by the County Surveyor. 5 EXHIBIT a Ai B Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Jeffrey Tuttle — Tuttle Surveying Services From: Scott Aibner — Garfield County Surveyor Subject: Amended Final Plat of Lot Fl and F2, Aspen Glen Filing No. 1. Date: 08/27/2013 Jeff, Upon review of the Amended Final Plat of Lot F1 and F2, Aspen Glen Filing No. 1 Plat, 1 have prepared a list of comments or corrections to be made prior to approval for survey content and form as follows, 1. The resulting Lot name should be indicated on the plat along with the resulting acreage. 2. All boundary monuments should be found or set and indicated as such on the plat. Once this and all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Molly Orkild-Larson — Community Development Department 109 8 th Street ,Suite IOOB • Glenwood Springs, CO81601 • (970)945-1377 • Fax: (970)384-3460 • e-mail.:saibnerc�7@rgarfield-countycont Moll Orkild-Larson From: Leslie Lamont [lezlamont@gmail.com] Sent: Wednesday, August 28, 2013 12:25 PM To: Molly Orkild-Larson Subject: Aspen Glen Lots F11F2 Lot Tie Attachments: Garco Itf F1 F2,pdf EXHIBIT l 3 D 3 5 Dear Molly, thank you for the opportunity to comment on the Weber- Aspen Glen Amended Plat Lots F-1 & F-2 Filing No. 1. The Design Review Committee (DRC) has reviewed the application submitted by Mr. Weber's representative. The draft plat, merging the properties and adjusting the building envelop, is consistent with the draft plat presented to the DRC and approved at their meeting May 22, 2013. I have attached a letter that was drafted to Garfield County outlining the DRC's review and approval. On behalf of the Aspen Glen HOA the DRC supports this application and request to amend the plat. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee 970-963-8434 1 7T: �lrrrsf►�� rrc°r.� .-t.wx$c irttls)rf (1r Ayer, irfi n lrrr. !)osin R.>, i.: 1 C,orAinitioc May 23, 2013 Mr, Glenn Hartman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 via email Re: Lot Tie & Building Envelope Adjustment Lots F-1 & F-2/0009 River Park & 0031 River Park Dear Glenn, This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the proposed plat amendment to combine Lots F-1 & F-2 (0009 River Park & 0031 River Park) into one lot, The plat amendment also merges the two building envelopes. The DRC approved the lot tie and recommends approval to the Garfield County Board of County Commissioners with the following conditions: 1. The platted building envelope for Lot F-1 is reduced at the southeast side of the property and the building envelope for Lot F-2 is reduced on the northwest side of the property. These reductions create one building envelope that equals the sum of the two separate lots before merging. 2. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 3. The DRC did not consider vacation of utility easements as that is the responsibility of the property owner to ensure that those easements can be vacated based upon review by service providers. 4. Drainage easements are considered vacated by this plat amendment because future grading and drainage patterns will be considered at the time of review for future improvements to property. 5. The DRC has only approved the lot tie/plat amendment. Any further improvements to property shall be submitted for DRC review and approval. 0080 )3ald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email:leslielamont@aspenglenhoa.co n 1 The DRC noticed property owners within the vicinity of the project site and no objections have been noted to the proposed adjustments. The Aspen Glen DRC recommends to the Garfield County BOCC approval of the proposed plat amendment as proposed on the Amended Plat of Lot F-1 & F-2, Aspen Glen, Filing No. 1 County of Garfield, State of Colorado dated December 18, 2012, drawn by JW. The Aspen Glen DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County. If you have any questions please do not hesitate to contact me. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee Cc: Mr. John Weber Mr, Dan Gruenefeldt 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 2 Email: leshelamon f@aspenglenhoa. com RECEIPT Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Invoice Number: INV -6-13-22452 Invoice Date: 19/2013 12:00:OOAM Plan Case: subdivision Final Plat Amendm Fee Name Fee Type Fee Amount Final Plat Amendment App Fee PAYMENTS Fixed $100.00 Total Fees Due: $100.00 Date Pay Type 06/19/2013 Check Check Number 1307 Amount Paid S-100.00 Change $0.00 Total Paid: $100.00 Total Due: $0.00 I THE FACE OF THIS DOCUMENT NAS A COLORED BACKGROUND ON WHITE PAPER AND ORIGINAL DOCUMENT SECURITY SCREEN ON BACK WITH PADLOCK SECURITY ICON. Lamont Planning Services, LLC 725 Melissa Lane Carbondale, CO 81623 970-963-8434 PAY TO THE ORDER OF Alpine Bank 0350 Highway 133 Carbondale, CO 81623 970-963-3040 82-340/1021 MEMO cz.411_41./ eNi '�L7,pLLARS t'1 &wily leetures IQ arB Sick.