HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.945.3470
www. garfield-cou nty. com
RECEIVEI[mended And Corrected Plats Application
OCI 3 1 2003
GARFIELD COUNTY
zuILDING & PLANNING
GENERAL INFORMATION
(To be completed by the applicant.)
F Street Address / General Location of Property; wgst qide of AEper,-lG1eE---EE:aI
back entry gate cri tc county Rcad 109
D Legal Description:Lot ilF2L) Asnen Gten tr"llJnq No - 6 eoeorrilns to fhe
Final Plat thereof reeorder{ Arrgrtst 24, lQQR as ReeeFtion No^ 531O0{.
D Subdivision Name: Aspe4lQ!e1
D Description of Proposal:To amend exterior boundarv lines of Lot to
conform to adiacent filines of Aspen Gl-en. the as built locatlon of
Mldl-ind Loop and to modlfy the bulldlns envelope to- conform to the
new lot configuration. -
Name of Propertv Owner (Applicant):Asne-n Gl en Golf Comoanv
Address: 9929 State }lighwaY 82 Telephone: (9ZO)963-4s36
City:Carbondale State: - 90---- Zip Code: 81623 SP0X'(9201 963-4s37
F Name of Owner's Representative. if anv (Planner. Attorney. etc):
T.awrence R- Greeir- Eso. of Ba]-comb & Green, P.C.
) Address. 818 Colorado Avenue Telephone:(970) 94s^6s46
City: Glenwood Sifings State: CO
-- Zip Code:-8-1901-ppS4. 945'9769
STAFF USE ONLY
F Doc. No.:
F Planner:
Date Submitted:TC Date:
Zone District:
Hearing Date:
Lasf Revised;11121102
Names and addresses of owners of record of land immediately adjoining and
within two hundred feet (200') of the proposed amended plat, mineral owners and
lessees of mineral owners of record of the property to be a part of the amended
plat, and tenants of any structure proposed for conversion.
Evidence of the soil types and characteristics of each type.
Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:42(D) of the Subdivision
Regulations), method of sewage disposal, and letter of approval of fire protection
plan from appropriate fire district.
lf connection to a community or municipalwater or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
The Applicant shall sign the "Agreement For Payment" form and provide the
$150.00 Base Fee with the application.
Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above have provided the required attached information which is
correct and acourate to the-bost of knowledge.
Green, At rney for Aspen Glen Golf Company
4.
5.
6.
7.
8.
9.
, Attorney
GARFIELD COUNTY BUTLDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTD and ASPEN GLEN GoLF CoMPANY
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for Amended Plat
qf Lo-e. }'IP?OI AspentGlen.Eiline No. 6 'r (hereinafter,THEPROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as ame,nded,
establishes a fee schedule for each tlpe of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
ipplication. APPLICANT agrees to rnake payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY'when they are necessary as costs are incured
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Cominissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COLINTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
for Aspen Glen Golf Company
Lawrence R. Green
Print Name
$lliling Address:
P.O. Drawer 790
Glenwood Sprlngs, CO 8L602
Nannarrw Exrr,aNATIoN oF THE REASoNS ron AN AvrBNoBn FrNar, Pr,Lr
Lor WP20, AspnN GlnN, Frr,rxc No. 6
The within Application requests the modification of two exterior boundary lines of Lot
WP20, Aspen Glen, Filing No. 6. This Amended Final Plat is being requested to conform the
exterior boundary lines of the Lot to the as built locations of Midland Loop and Bald Eagle Way,
which are the streets bordering the Lot. This Application will also make the exterior boundary lines
ofthe Lot conform to adjacent filings of Aspen Glen.
During construction, which occurred over five years ago, the intersection of Golden Bear
Drive and Midland Loop was relocated slighfly from that shown on the original Final Plat of Aspen
Glen, Filing No. 6. This relocation was only discovered in the Spring of 2003 when the Applicant
prepared and submitted the Final Plat for Aspen Glen, Filing No. 4, which lies to the south of Lot
WP20. The effect of the relocation of the intersection was to create a "no man's land" between the
constructed roadways and the platted boundary lines of Lot WP20. This Application to Amend Lot
WP20 is being submiued to conform the boundary lines of that Lot to the actual, as built locations
of the adjacent rights-of-way for Midland Loop and Golden Bear Drive. The relocation of these
property lines will slightly increase the size ofthe Lot, so that the Lot will be in compliance with the
minimum lot size for its zone district within the Aspen Glen PUD.
This Application also seeks approval to expand the building envelope on the newly
configured Lot to make it follow the new exterior boundaries ofthe Lot. The new building envelope
has been located so that it satisfies all the setback requirements from the new exterior boundaries of
the Lot. There are no geotechnical constraints on the Lot which would prohibit the expansion ofthe
building envelope as requested.
E:\WPDOCS[dry GI@\Alpdr Glca\DOCt MENnNmiw ExplaMim.lG,] l{3.wpd
JoHN A. THULSoN
EDwaRo MULHALL. JR.
ElAr,coMB & Gnprcx, P.C.
ATTORNEYS AT IJA\V
P. O. DRAIVER 79O
8 18 COI,ORADO A\TEIYIJE
Gr,ENwooD SPRTNGS, Cor,oRADo a 1602
Telephone: 970.945.6546
OF CoUNSEL:
KENNETH BALCoMB
ScoTT BALCoMB
[ewRENcE R. GREEN
TIMoTHY A. THULSoN
DAVID C. HALLFoRD
CHRISToPHER L. GEIGER
ANNE MARIE MCPHEE
AMANoA N. MAURER
DEBoRAH Davrsr
DAvIo P. JoNEs
'AEo AoimD rc PuffcE rx
Nry YqT sD MIS9oURI
BE C ${Iv,ff.simire: e70.e45.e76e
www.balcombgroen.com
OCI 3 1 2003 october 3t,2oo3
GARfiii*i ,-,rJUNTy
SUII.DiiUG & PLANNING
VIA HAND DELIYERY TO:
Fred Jarman, Senior Planner
Garfield County Building and Planning Department
108 8m Sffeet, Suite 201
Glenwood Springs, CO 81601
Re:Lot WP20,Aspen Glen, Filing No. 6
Dear Fred:
As we discussed yesterday aftemoon, on behalf of the Aspen Glen Golf Company I am
enclosingherewith anApplicationforanAmendedFinal PlatforLot WP20, Aspen Glen, FilingNo.
6. This Application does not increase the number of dwelling units or lots within Aspen Glen, does
not result in the major relocation of a road or the addition of any roads, and it does not result in the
relocation of property lines between more than two properties. Therefore, this Application is being
submitted pursuant to procedure 1 of Garfield County's procedural requirements for an amended
plat.
The Application consists of the following:
1. Two copies of the completed Amended and Corrected Plats Application form;
2. Two copies of a na:rative explanation of the reasons for this Application;
3. Two copies of a proposed Amended Final Plat;
4. The Lot has never been sold by Aspen Glen Golf Company, the developer of Aspen
Glen, and is being submitted on behalf of Aspen Glen Golf Company to facilitate the initial sale of
the Lot. As general counsel for Aspen Glen Golf Company, I have the authority to submit and
prosecute this Application.
BAr,coMB & Gnrcpx, P.C.
A'I'I'ORNEYS AT LAw
Fred Jarman, Senior Planner October 31,2003
Page2
5. The signed Agreement for Payment form, together with our check in the amount of
$150.00, which we understand to be the Application fee.
I look forward to working with you to process this Application in a prompt manner.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
Nannarrvr Expr,aNATroN oF THE Rra,soNs non Ax AnnnNoro FrNal Pr,ar
Lor WP20, AspnN GlnN, Frr,rNc No. 6
The within Application requests the modification of two exterior boundary lines of Lot
WP20, Aspen Glen, Filing No. 6. This Amended Final Plat is being requested to conform the
exterior boundary lines of the Lot to the as built locations of Midland Loop and Bald Eagle Way,
which are the streets bordering the Lot. This Application will also make the exterior boundary lines
of the Lot conform to adjacent filings of Aspen Glen.
During construction, which occurred over five years ago, the intersection of Golden Bear
Drive and Midland Loop was relocated slightly from that shown on the original Final Plat of Aspen
Glen, Filing No. 6. This relocation was only discovered in the Spring of 2003 when the Applicant
prepared and submitted the Final Plat for Aspen Glen, Filing No. 4, which lies to the south of Lot
WP20. The effect of the relocation of the intersection was to create a 'ono man's land" between the
constructed roadways and the platted boundary lines of Lot WP20. This Application to Amend Lot
WP20 is being submitted to conform the boundary lines of that Lot to the actual, as built locations
of the adjacent rights-of-way for Midland Loop and Golden Bear Drive. The relocation of these
property tines witl slightly increase the size of the Lot, so that the Lot will be in compliance with the
minimum lot size for its zone district within the Aspen Glen PUD.
This Application also seeks approval to expand the building envelope on the newly
configured Lot to make it follow the new exterior boundaries ofthe Lot. The new building envelope
has been located so that it satisfies all the setback requirements from the new exterior boundaries of
the Lot. There are no geotechnical constraints on the Lot which would prohibit the expansion of the
building envelope as requested.
EfWP-DOCS\kry Gla!{spcn Gletr\DOCUMENTWmiw E{landior lG,3 143.*pd
JoHN A. THULSoN
EowARD MULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TIMoTHY A. THULSoN
Davro C. HALLFoRo
CHRTSToPHER L. GETGER
ANNE MARIE MCPHEE
AMANoA N. MAURER
DEBoRAH Davrs*
Davro P. JoNES
* ALso AoMIreo Io PMcIcE IN
Nil YoRK aNo MrssouRr
VIA HAND DELIVERY TO:
BAr,coMB & Gnrcpx, P.C.
ATTORNEYS AT I,A.w
P. O. DRAWER 79O
8 18 Cor,oRADo A\aENr-rE
GI,ENwooD SPRINGS, COI,ORADO A 1602
Telephone: 970.945.6546
Facsimile: 970.945.9769
M.balmmbgreen.com
November 12,2003
OF CoUNSEL:
KENNETH BALCoMB
Fred Jarman, Senior Planner
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Lot WP20, Aspen Glen, Filing No. 6
Dear Fred:
Per your letter dated November 6,2003, enclosed please find seven copies of the amended
plat application for Lot WP20, Aspen Glen, Filing No. 6, together with an original fully executed
mylar. Also enclosed please find a title commitment evidencing ownership of the subject property
in Coryell Ranch Company, LLC.
Please let me know if you require any additional materials prior to Monday's hearing.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
RECI{IVED
Nov t 2 2003
,ffilittShYi}iil.
Lalw-ence R. Grten
(se)04 r 56:06 Page
Old Republic National fitle lrsuamce Company
ALTA COMMITMENT
Our Order No. GWA2347-2
Schedule A CusL Ref.;
Property Addrqss:
0358 MIDLAND LOOP
1. Effective Date: Septcmber 12, 2003 at 5:00 P.M.
2. Pollcy to be tssued, and Proposed Insured:
'ALTA" Owner's Potlcy LO-]:t-g? $ZIO,OOO.OO
h,oposed hrsured;
STEVEN B. VYRIGHTAND CRYSTALL. WRIGHT
'ALTA" Lom Policy 10-17-92
hroposed Irsued:
ALPINE BANK
$t9z,ooo.oo
3. The €state or lnterest ln the land descrlbed or referred to in this Commltment and covered hereln is:
A Fee Sirrple
4. fitle to the estate or interest covered hereln ls at the effective date hereof vested ln:
CORYELL RANCH COMPANY, LLC A COLORADO LIMITED LIABILTTY COMPANY
5. The land referred to ln thls Commltment is descrlbed as follows:
LOT WP2O
, ACCORDING TO THE AMED{DED PI,AI I]OT WTZIO, ASPEN GLM.{, FILING NO. 6, RECORDED
IN TrrE RECORDS OF GARFIELD COUNTY ON - - - -, AS RECEPTTON
NO.
COUNTY OF GARI'IELD
STATE OF COI-/ORADO
From Land Title (S9)Tue l-l- Nov 2003 04:56:06 PM MST Page 4 of 9
ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. GWA2347-2
The following are the requirements to be complled with:
Payrnent tro or for the accourt of trc granbrs or mrEagors of tIrc full consldemdon for the estate or in$erest to be
irsured-
Pmper.irsErunen(s) creafirqg the estate or interest to be insurcd must be execuH md duly filed for recond, to-wit:
1. RECORDATTON OE AMENDED PTAT
2. RELEASE OF DmD OF TRUST DATTD APRrL 30,2002,IROM CORYELL RANCH COMPANY, .
LLC A COLORADO LIMMED LIABILMY COMPAI\IY TO THE PT]BLIC TRUSTEE OF GARFIELI)
cotrNTY FoR THE USE OF ALPINE BANK TO SECURE TrrE SUM OF $2,6E1,633.79
RECORDm JUNE ?A, 2002, IN BOOK Ui64 AT PAGE 640, UNDER RECEpTION NO.
505753.
3. WARRANTY DEED EROM CORYELL RANCH COMPANY, TT,C A COLORADO LIMMED LIABILITY
COMPAhIY TOSTEVEN B. WRIGHTAND CRYSTALL WRIGIIT CONVEYINGSURJECT
PROPERTY.
4. DEED OF TRUST FROM STEVEI\I B. WRIGHT AND CRYSTAL L WRIGHT TO THE PUBLIC
TRUSTEE OF GARFIELD COUNTY E1OR THB USE OF ALPINE BANK TO SECURB THE SUM
oF $192,000.00.
NOTE: MEMS 1.4 OF STANDARD EXCEPTIONS WILL BE DELETED FROM MORTGAGf,E'S
POLTCY UFON RECEIPT OF'SATISFACTORY LIEN AET'IDAVM. FORM 1OO WILLBE
ATTACIIED TO MORTGAGEE'S POLICY WHET{ ISSUED.
(se)04: 56:06 Page
ALTA COMMITMENT
Schedule B-2
(Exceptlons) Our Order No. GW242347-2
The policy or policies to be issued wllt contain exceptlors to the followlng unless the same are disposed
of 0o the satisfaction of the Company:
1. Rights or clalrns of pardes ln posscsslon not shown by the pbllc recotds.
2. cements, or clalns of easermnb, not shown by the prblic records.
3. Discrepalrcles, confllcts in borndary llnes, shortage ln areq encmaclunents, and any facts wtrich a cortpct suvey atrd
inspection of the pnrndses would disclose and whlch are not shown by the prblic records.
4. Any llen, or rlght to a llen, for serdces, tabor or nraterial theretoforc or hercafter fllrdshed, imposed by law and
not shown by tE prHic rccords
5. Defects, liers, encunbrances, adverse clalrns or other rnatbrs, if any, created, fint apearirg in ttn public records or
attacldrg subsequent to tlrc effecdve date hereof tnrt prlor 0o the da[e the proposed lrsured acqdres of rccord for
value the eshte or interest or motgage thereon covered W tttls Comndtnenl
6. Taxes and assessrcnts not yet drrc or psyable and spectal assessments not yet cerdfled to the TleasureCs otfice.
7. Any urryatd taxes or assessrnenb agairst satd lstd-
E. Llers forur@d water md sewer clurges, lf ury.
g. TTIE EF'FECT OF INCLUSIONS IN ANY GEhIERAL OR SPECTFTC WATER. CONSERVANCY, FIRE
PRCIECTION, SOIL CONSERVATION OROTIIERDISTRIC]T ORINCLUSION IN ANY WATER
SERVTCE OR STREET IMPROVEtrVIENT AREA.
10. RIGTIT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOV.E HIS ORE
THEREEROM SHOLILD THE SAME BE FOUND TO PEIYETRATE ORINTERSECT THE PREMISES
AS RF^SERVED TN TINTTED STATES PATEN{T RECORDED ilJLY ?.4,1894, IN BOOK 12 AT
PAGE 329.
11. RIGHT OF WAY FOR DITCHES ORCANAIS CONSTRUCTED BY TIIE AUTHORITY OF THE
TINITED STATF^S AS RESERYED IN UNITED STATES PATENT RECORDED $JLY A,1894,
IN BOOK 12 AT PAGE 329.
12. TERTIS AND CONDMONS OF RESOLUTIONS BY TTIE BOARD OE COUNTY COMMISSIONEN.S OF
GARFIELD COUNTY, COLORADO, CONCERNINGTHEASPtsN GLEN PI-ANNED UNIT
DEVELOPMENT AND OTIIER, MATTERS, AS SET FORTH AS FOLLOWS:
A, RFSOLUTION NO. 92-056 RECORDED JUNB 29, 1992 IN BOOK 835 AT PAGE 305.
B. RESOLUTION NO. 93.UI RECORDED DECEMBER 2E, 1993IN BOOK 8E7 AT PAGE
E?4.
(se)04: 56:06 Page
ALTA COMMITMENT
Schedule B-2
(Exceptlons) Our Order No. GW?A2341'2
The pollcy or policies to be lssued wIIl contain exceptlons to the followlng unless the same are dlsposed
of to the satlsfaction of the Company:
c. RESOLUTTON NO. 9+00E RECORDED FEBRUARY 2,1994IN BOOK891AT PAGE 620.
D. RESOLUTION NO. 9+0E9 RECORDED AUGUST 9, t994IN BOOK911AT PAGE791.
E RESOLUTTON NO. 94-L3g RECORDBD DECEMBER t3, tggi.lN BOOK925 AT PAGE
345.
F. RESOLUTTON NO. 95-004 RECORDED JANUARY rt, LggS IN BOOK929 AT PAGE 64.
G. RESOLUTION NO. 96.06 RECORDED FEBRUARY g, Lgg'IN BOOK966 AT PAGE 6E2.
tr. RESoLUTION NO. 96-U RECORDED FEBRUARY 9, 1996IN BOOK 966 AT PAGE 6E6.
r RESOLUTIOT{ NO. 96-26 RECORDED MAY 9, 1996IN BOOK W AT PAGE399.
13. TER]\,IS, CONDITIONS, PROVISIONS AI{D OBLIGATIONS AS CONTATNED IN AGRmMENITS
RECORDED APRIL L2, L992IN BOOK E2it AT PAGE 636 AND RECORDED JUNE 29, 1993
IN BOOK 835 AT PAGE 364.
14. TERI\,XS, CONDmONS, AND PROVISIONS OE SUBDTVIDER'SAGREEMEI\TAS CONTAINED IN
INSTRUMENT RECORDED APRIL 06, 1995, IN BOOK936 AT PAGE 444.
15. EASEMENTS AND RIGHTS OE WAY AS CONTAINED IN INSTRUMU\TT RECORDED APRIL 6,
1995IN BOOK 936 AT PAGE45E.
16. TERi\,[S, CONDffiONS, PROYISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND
RIGIITS OF WAY AS CONTAII{ED IN IN DECI.ARATION OE GOLF FACTLITIES
DEVU.OPMENT, CONSTRUCTION AND OPERATIONALEASEMENT RECORDED APRrL 6, L99s
IN BOOK 936 AT PAGE 314.
17. TER]\{S, CONDITIONSAND PROVISIONSOFTRENCH, CONDUITAND VALILTAGREEMBNT
RECORDED DECET\48m. 01, 1995 IN BOOK959 AT PAGE 968.
18. TERI\(S, CONDITIONS AND PROVISIONS OF WARRANTY DEED AND GRANT OF EASEMENT
RECORDED DECETVIBER 31, L996IN BOOK 100s AT PAGE 22E.
From Land Title (S9)Page 7Tue l-L Nov 2003 04:56:06 PM MST
ALTA COMMITMENT
Schedule B-2
(Exceptions)Our Order No. GWVl23$l-z
The pollcy or policles to be lssued wlll contain exceptlons to the following unless the same are dlsposed
of to the satisfaction of the Company:
19. EASEMENTS, RIGHTS OF VYAY AND OTHERMATTERS AS SHOVN\ ON TIIE PT,AT OF ASPNII
GLEN FILINGNO. l RECORDED APRIL 6,1995 AS RECEPTION NO. 4i16330.
zo. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
ASPEI\ GLEI\ FILINGNO. 3 RECORDED FEDRUARY 10, 199E AS RECEPTTON NO.
520202,-
2.t. RESTRTCTwE COVEr{ANTS, WHICH DO NOT CONTAIN A FORFETTURE OR REVERTER
CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVU{ANTS, CONDnONS AND
RESTRTCTIONS FOR ASPENI GLEN RECORDED APRIL 06, L995,IN BOOK 936 AT PAGE
350, FIRST SUPPLEMENTAL DECLARATTON RECORDED JU[,Y L5, L997IN BOOK 1026 AT
PAGE 161, SECOND SUPPLEME\ITAL DECLARATION RECORDED NOVETVIBER 26, 1997IN
BOOKlO43 AT PAGE EsO, THIRD SUPPLEMEINTAL DECLARATTON RECORDED FEBRUARY
10, 1998 IN BOOK 1053 AT PAGE E, FOURrrr SUPPT,EMENTAL DECLARATION RECORDED
FEBRUARY 10, 199E IN BOOK t053 AT PAGE 30, FIF'TH SUPPI-EMEI{TAL DECLARATTON
RECORDED MAY 1, 199E IN BOOK 1065 ,A,T PAGE 800, SD(Trr SUPPLEMET{TAL
DECLARATTON RECORDED I,.,,AY 2;2,199E IN BOOK 1069 AT PAGE 5E, SEVENITH
supp[.EMENTTAL DECT.ARATTON RECORDED AUGUST A, L998IN BOOK 10E4 AT PAGE
94t, EIGHTH SUPPLEME\ITAL DECLARATION RECORDED OCTOBER26,l99E IN BOOK
1094AT PAGE 517, NINTII SUPPLEMENTAL DECI"ARATION RECORDED AUGUST L7, L999
IN BOOK1145 AT PAGE6EO AND TENTHSUPFI.EMENTAL DECI.ARATION RECORDED
NOVEMBER 19, L999IN BOOK 1161 AT PAGE 293 AND ELE\rENTIr SUPPLEMEI\TAL
DECI.ARATION RECORDED SEPTETyIBER.23, 1999IN BOOK 115I. AT PAGE E77 AND
TWELF'TH SUPPLEMENTAL DECI.ARATION RECORDED DECEIIIBER 14, 1999IN BOOK 1164
AT PAGE 755 AND THIRTEUITII SUPPLEMENTAL DECI,ARATION RECORDED JULY 17, 2OOO
IN BOOK 1197 AT PAGE 740 AND FOURTEENTH SUPPI.EIVIEI\TAL DECI.ARATION RECORDED
MAy 8, 2003 IN BOOK 146i1 LT PAGE 910 UNDERRECEPTTON NO. 626952.
From Land Title (S9)Tue l-1 Nov 2003 04r56:06 PM MST Page 8 of 9
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Prusuant to CRS LO-I-L-12J2, notice is hereby gtven tlrats
A) The subject rcal pmperty nny be located in a special taxirg dls0ict
B) A Certificate of Th:res Due listirg each taxing Jurtsdlcdon rnay be obtalned fmm ttp Coutty
Trcasuef s auttrcrized agent
C) The infonmtion regarding special dls0:icb and the bourdaries of such dis0icb nny be obtained fmm
tlrc Board of Cormty Cornnissiones, Ore Courty Clerk and Recorder, or tlre Courty Assessor.
Note: Effecfive September 1, 1997, CRS 30-10406 rcEdres tnt all docr.unents recelved for recordlrg or flllng
in the clerk ard necordef s olfice shll contdn a top margin of at least one inch and a lef! right and bottom
rmrgtn of at least one Intf of an Inclt. The clerk and recorder rmy reArse to record or flle any document that
does not corfonn, excep ftaq AE reEdrerrrcnt for th top rrnrgin slnll not apply 0o docr.rnenb usllg forrrs
on which qnce is provided for rccording or trllrg infonnadon at the top margln of the docunenl
Note; Colomdo Divlslon of Irsrrance Regulafiors 3-5-1, Parryrryh C of Ardcle Vtr reqtdres Out 'Every
dfle endty shall be resporstble for all rmtters whlch appear of record prtor to the drne of recordlrg
whenever ttp dfle enfity corducb the dosirg and ls responslble for recordfug or flltng of legat
docunents resuldng fium the tansacdon whlch was closed". Ptovlded ftat Land Tltle Guarmtee
ComparTy conducb tlre closlng of the insured Oansacdon and is resporsltte for recordlrg the
legal docrnnenb from the Oarsacdon, excepfion ntrnber 5 wtll not appear on tlrc Ovmer's Tltle
Policy and the knders Poltcy when issued.
Note: Afflrnndve rneclranic's lien pmtecdon for th Owrrcr rnry be available (QTpcally by deledon
of Excepdon no. 4 of Sch€fuIe B, Secfion 2 of the Conrnitsnent fnom the Owneds Policy io be
tssued) upon confliurce with tIre followlrg cordldors:
A) The lurd described in Schedule A of ttds corffritnent nnrst be a siqgle family resldence wldch
includes a cordornlnlun or townhouse rudt
B) No l$or or rnaterlals have been furrrished by rnechanics or nnterial-rnen for plposes ot
cors0ucdon on the lard described in Schedule A of tlds C-orrrrdtnent wittrin the past 6 montls.
C) The Corrprry mrst recelve an ryropnlate affldaylt lndenrdfylrg the Corrryany agalrst rmtlled
rmctnnic's and rmterlal-mn' s llens.
D) The Company Imlst rrcelve popnent ot the approprtate prerntun
E) If tlrere hs been corsEucdon, lnpmverrents ornqlor rcpdrs urdertalren on the propety to be prctnsed
witldn six mon0rs prior to the Dab of the Conrrdtnent, the reqdremenfs 0o obtaln covertge
for uuecorded liers will lnclude disclosurt of certain corstnrcdon lrtrormation; flnanctal lrtronrnffon
as to the seller, llre bullder ard, or the contactoq PaFnent of tlrc app,ropriate prerntun Adly
executed Indermtty Agreernen6 sadsfactory to the compalty, arxl, any additional reqdrernents
. s rrny be necessary after m exarninafion of ttrc aforesaid infonnafion by the Compoly.
No coverage ryilt be $ven uder any circrrrstarrces for labor or rmterial for whlch the irsured
has contlected for or ageed to poy.
Note: Pusuant to CRS 10-11-123, noflce ls trcreby glven:
Tlfs nodce applies 0o owner's poltcy cornnifinen8 contalntng a ndrrcral severance lrstunent
excepiorq or excepdors, ln Sclredule B, Secdon 2.
A) Tlnt there is recorded eyidence that a mircml estate has been severcd, leased, or othenrise
conveyed from fire surface estate and tlnt there ls a subshrfial likelihood ftat a ttdrd party
holds sorrr or all lnterest ln oil, gas, oflrer nrlnerals, or geothenrnl energF in tlrc property; and
B) That such rnineral estate may include the right to enter and use the propefiy without the
surface owrnd s pennission
Notlring herein contalrrcd will be deemed to obligate lhe company to povide any of tlre coverages
referrcd to herein uiless the above condfiomi arre firlly sa0stled.
From Land T-itle (S9)Tue 11 Nov 04:56:06 Page
JOINT NOTICE OF PRIVACY POLICY
OF
LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATTON ANT)
OLD REPUBLIC NATTONAL TITLE INSTIRANCE COMPANY
Tltle V of tlre Granrrrleach-Bliley Act (GLBA) generally pmhibtb any flnanclal lnsdhrfion, directly
or throrgh its affiliat€s, fnom slnrlng mnpmbllc personal lnformfron about you wlth a
rmnafliliatcd tdrd parf rmless tlrc fosdhrdon pr,ovldes you with e nofice of its prlvry policies
and pracdces, such as tlrc type of lnformaflon that tt collects about you ard tlrc categorles of
pemorxt or enddes to whom it rnay be dlsclosed. [n compllance with Orc GLBA, we atte pnoviding
you with tlt's docunent which nodlles you of the prlvacy pollcles ud pacfices of L,ard Tltle
Gusrantee C-ompany ard Land Title lrsuarrce Corporadon md Old Repmbllc Nafiornl TiEe Irsuanrce
Company.
We nray collect nonprbtrlc personal lnfonnaflon about you ftom the followlrg sounoes!
Inforrmdon we receive fmm yousuch as on apptcadors or other fonns.
Infonmtion about your busacdons rve secune fmm our flles, or fnom ou affiliabs or otlrers.
Infonmdon we receive from a connlner lepordrg agency.
Inforrmtion that we receive from other:s lnvolved in your hursacfiorg zuch as the real
estatc €ent or lenden
Unless lt ls specitrcally stated otherrvise ln an amnded kivacy Pollcy Nodcg m addidornl
rmnprblic persornl lnforrmdon will be collected about you.
We rnqr dlsclose any of tre above [nfo'nnafion Arat we collect about our customes or fonrrr
custornens to our atfltlatcs or 0o nornffliahd Arlrd pardes as pennitted by law.
We also rmy disclose this inforrnafion about our custotners orformer cus0omers io the following
types of nonafri[ated comlnrdes frrat perforrn martredqg servlces on our behalf or with whom we
have Jolnt rmrl<edrg agreernenB:
* Flnancial seMce pmvidens such as companles ergaged ln banldrg, corsulner finance,
secrrrifies and trsurmce.
* Norrflnanclal corrryanies such s errelope strffers md other fulfilhnent servtce pmvlders.
WE DO NOT DISCLOSE ANY NONPUBLIC PER.SONAL INFORMATION ABOUT YOU WTTH. ANYONB EORANY PURPOSE TTIAT IS NOT SPBCIFICALLY PERMITTED BY I,AW.
We res0ict access to nonprblic persornl inforrmflon about you 0o tluse employees wtp need to
lsnw tlstlrtronmflon ln ord*r to provtde prcdrcts orseMces to yorr. We malntaln physlcal,
elecbonic, ard.prccedural safeguards that compy with federal rcgulatiors to guard your
nonprblic persornl infonnadon
Eoro PRilf.PC&.CE(f