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Home My WebLink About1.00 General Application Materials ASPEN | BUENA VISTA | GLENWOOD SPRINGS | LAMAR Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com Scott Grosscup, Esq. Telephone (970) 945-6546 sgrosscup@balcombgreen.com May 17, 2022 Via Email and Hand Delivery: Glenn Hartmann, Principal Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 ghartmann@garfield-county.com Re: Application for Amended Plat – 70 Elk Track LLC Dear Glenn: Per our e-mail correspondence on May 16th and the Pre-Application Conference Summary we are submitting herewith an Amended Final Plat Application to establish a common boundary line on Lot D-23, Aspen Glen, Filing 1. Also enclosed is the Aspen Glen PUD Guide, which contains certain guidelines for the amended plat. We look forward to working with you through this application. The required application materials for an amended plat are attached and they are as follows: 1. Garfield County’s completed Division of Land Application form; 2. Waiver Requests for Covenants and Improvements Agreement; 3. Garfield County’s completed Payment Agreement form; 4. The current owner’s vesting deed for the subject property; 5. Title Commitment for subject property; 6. Statement of Authority for 70 Elk Track LLC; 7. Letter from Applicant authorizing Scott Grosscup and Balcomb & Green, P.C. to act as authorized representative of 70 Elk Track LLC to submit and prosecute the application; 8. Map showing property owners within 200 feet of subject property; 9. List of property owners within 200 feet of subject property; 10. Completed Certification of Mineral Owner Research form; 11. Vicinity map; 12. Resubdivision Plat of Lot D23, Aspen Glen, Filing 1; 13. The Aspen Glen PUD Eighth Amended PUD Guidelines; 14. The Aspen Glen Final Plat; 15. Party Wall Agreement and Supplemental Declaration of Covenants, Conditions and Restrictions for Lot D-23 Aspen Glen Filing No. 1; 16. Pre-Application Conference Summary dated May 16, 2022; and 17. Our check in the amount of $100.00 which we understand to be the appropriate fee for an amended plat application. BALCOMB & GREEN, P.C. By: Scott Grosscup, Esq. cc: Mogli Cooper, Manager of 70 Elk Track LLC. c@ Garfield County Community Development Department 108 sth Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county .com TYPE OF SUBDIVISION/EXEMPTION □ Minor Subdivision Major Subdivision □ Sketch D Prelimi nary D Final Conservation Subdivision □ Yield □ Sketch □ Preliminary □ Final □ Time Extension INVOLVED PARTIES Owner/Applicant Name: 70 Elk Track LLC Mailing Address: City: E-mail: moglic@mac.com Representative (Authorization Required) □ GJ □ □ □ DIVISIONS OF LAND APPLICATION FORM Preliminary Plan Amendment Final Plat Amendment Common Interest Community Subdivision Public/County Road Split Exemption Rural Land Development Exemption Phone: ( 970 1433-5838 State: Zip Code: Name: Scott Grosscup , Esq. of Balcomb & Green, P.C . Phone: ( 970 ) 945-6546 Malling Address: P.O. Drawer 790 City: Glenwood Springs State: CO Zip Code: 81601 E-mail: sgrosscup@balcombgreen.com PROJECT NAME AND LOCATION Project Name: Lot D23, Aspen Glen Filing 1 Assessor's Parcel Number: 2393 -204 -04 -023 ------------ Physical/Street Address: 70 Elk Track, Carbondale, CO 81623 Legal Description: Lot D-23, Aspen Glen, Filing No. 1 , according to the Plat thereof recorded April 6, 1995 as Reception No. 476330 I zone Dlstrkt, Aspen Glen PUD D"plex Residential Zooe Property s;,e (ac,es), Q.625 I Proj ect Desc ript ion Existing Use: Vacant Lot Proposed Use {From Use Table 3-403}: Duplex unit constructed on Lot D-23. Desc ri ption of Project: Applicant seeks to create a common lot line to separate an existing duplex on this parcel. Proposed Developme nt Area Land Use Type # of Lots # of Units Acreage Parking Single Fa m ily Duplex 2 2 0.625 Multi-Fam ily Commercial Industrial Open Space Ot her Total 2 2 0.625 REQUEST FO R WAIVE RS Submission Re qui rements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Covenants Section: Subdivision improvements Agreement Section: Sect ion: Waiver of Standards □ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Secti on: Section: Section: I have read t he statem ents above and have provided the required attached information which is corre and acc~rate to the best of my knowledge. Dat e OFFIC IAL USE ON LY Fi le Number: ____ -___ _ Fee Paid:$ ___________ _ 70 ELK TRACK LLC APPLICATION FOR AMENDED PLAT / COMMON BOUNDARY LINE WAIVER REQUEST FROM SUBMITTAL OF COVENANTS RESPONSE TO SECTION 4-202.C – REVIEW CRITERIA Justification for the Waiver: The property is part of the Aspen Glen PUD and Aspen Glen Homeowners Association which already has its own governing documents. 4-202.C. Review Criteria. 1. The Applicant shows good cause for the requested waiver; Response: The property is part of the Aspen Glen Homeowners Association which already has its own governing documents. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: The main purpose of the application is to create a common lot line to separate an existing duplex. No substantial improvements or development is proposed. Therefore, complexity and anticipated impacts will be nearly non-existent. 3. The waiver does not compromise a proper and complete review; and Response: An adequate review can be undertaken via the Amended Final Plat Application process. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: All required governing documents are in place and recorded in the Garfield County real estate records. 70 ELK TRACK LLC APPLICATION FOR AMENDED PLAT / COMMON BOUNDARY LINE WAIVER REQUEST FROM SUBMITTAL OF AN IMPROVEMENTS AGREEMENT RESPONSE TO SECTION 4-202.C – REVIEW CRITERIA Justification for the Waiver: All improvements (buildings, road, infrastructure, etc.) on the property have already been constructed. 4-202.C. Review Criteria. 1. The Applicant shows good cause for the requested waiver; Response: All improvements on the property have already been constructed. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: The main purpose of the application is to create a common lot line to separate an existing duplex. No substantial improvements or development is proposed. Therefore, complexity and anticipated impacts will be nearly non-existent. 3. The waiver does not compromise a proper and complete review; and Response: An adequate review can be undertaken via the Amended Final Plat Application process. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: All improvements are in place. c@ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ __ 7 __ 0'-=E_lk_T-'--'ra=c"'"k.;..L=C-=------------------------agree as follows: 1. The Applicant has submitted to the County an apelication for the following Project: __ _ Amended Final Plat for Lot 0-23, Aspen G len Filing 1 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this t ime to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incu rred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby ag ree to pay all fees related to this application : Billing Contact Person :_M_o_g_l_i C_o_o_p_e_r _________ Phone: ( 970 ) 433-5838 Billing Contact Address: _1_0_9_F_o_x_P_ro_w_l ____________________ _ City: Carbondal e State: CO Zip Code: _8_1_6_2_3 ___ _ Billing Contact Email: moglic@mac.com Printed Name of Person Authorized to Sign : _M_o...::g'-li_C_o_o..,;_p_e_r _______________ _ c,-cqe~ 940886 08/26/2020 01 :42:58 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED Mogli Cooper and David A. Cooper, hereinafter referred to as "Grantors", do, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto 70 Elk Track LLC, hereinafter "Grantee", their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: LotD-23 Aspen Glen Filing No. 1 According to the plat thereof recorded April 6, 1995 as Reception No. 476330 also known by street and number: 70 Elle Track, Carbondale, CO 81623 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor( s ), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises abov.e bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and evecy person or persons claiming the whole or any part thereof, by, through or under the grantor( s ); excepting from the grantor's warranty, general taxes and assessments for the year 2020 and subsequent years; and "subject to statutory exceptions" as defmed in§ 38-30-l 13(5)(a), C.R.S. " WI1NESS Grantors' hands this~ day of Ali~lot, 2020. ~ v~t,. ~, _D_a_~~"".""c""o::.,o"l.---r==+------ STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 2» day of f\u1\ U -s+ , 2020, by Mogli Cooper and David A. Cooper Notacy's Official Signature My Commission Expires: 5-"2-3 -"Z-1 Grantee: 70 Elk Track LLC, 109 Fox Prowl, Carbondale, CO 81623 File No.: GWS-ESTIMATE Special Warranty Deed LINDA GABOSSI NOTARY PUSUC STATE OF COLORADO NOTARY ID #19894007523 My Commiselon ixpire6 May 23, 2021 •'I'm"', l[Page Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: May 11, 2022 File No. 2205002 Property Address. 70 Elk Track, Carbondale Balcomb & Green PO Drawer 790 Glenwood Springs, CO 81601 Attn: Britt Choate Email: brittc@balcombgreen.com Balcomb & Green: PO Drawer 790 Glenwood Springs, CO 81601 Attn: Scott Grosscup Email: sgrosscup@balcombgreen.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 2205002 1. Effective Date: May 4, 2022 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $N/A Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: 70 Elk Track LLC 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lot D-23 Aspen Glen Filing No. 1 According to the plat thereof recorded April 6, 1995 as Reception No. 476330 TITLE CHARGES Informational Commitment $550.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 2205002 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 2205002 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 11, 1892 as Reception No. 13782 and as reserved in United States Patent recorded November 1, 1893 as Reception No. 16468. 10. Reservation of an undivided 1/4 interest in and to all oil, gas, hydro-carbons and minerals of every kind and nature in, on or under the subject property as described in instrument recorded December 26, 1958 as Reception No. 203858 and any assignments thereof or interests therein. 11. Terms and conditions contained in easement agreements recorded February 10, 1995 as Reception No. 474356 and Reception No. 474357. 12. Terms and conditions of Garfield County Board of Commissioner Resolutions for Aspen Glen Planned Unit Development recorded June 29, 1992 as Reception No. 436262, December 28, 1993 as Reception No. 457154, February 2, 1994 as Reception No. 458796, August 9, 1994 as Reception No. 466955, February 9, 1996 as Reception No. 488797, February 9, 1996 as Reception No. 488798 and August 20, 1997 as Reception No. 512523. 13. Terms, conditions, provisions and obligations as contained in agreements recorded April 12, 1992 as Reception No. 433216 and recorded June 29, 1992 as Reception No. 436263. 14. Easements, rights of way and other matters as set forth on the plat of Aspen Glenn Planned Unit Development recorded April 6, 1995 under Reception No. 476330. 15. Terms, conditions and provisions of Subdivider's Agreement as contained in instrument recorded April 6, 1995 as Reception No. 476329, and as amended July 11, 1996 as Reception No. 495608. 16. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded April 6, 1995 as Reception No. 476327. 17. Restrictive covenants, which do not contain a forfeiture or reverter clause, as contained in instrument recorded March 23, 2007 as Reception No. 719512, First Amendment recorded November 5, 2020 as Reception No. 944700 and Second Amendment recorded September 8, 2021 as Reception No. 962780. 18. Terms and conditions set forth in Amended Bylaws recorded March 23, 2007 as Reception No. 719513. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 97 4689 05/12/2022 03:53:51 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $0.00 eRecorded STATEMENT (W AIJTIIOIUT\' (CR S §38-30-172) Tim Stalcmcnl of Authonly rclnlcs to an cnllly named 70 l'LK TRACK LLC 2 The I) pc of enlll~ 1s a lnmlcd lmlnhl) com pm•~ 3 The c11111~ 1s forn1ed under the hm s of the S 1 111 01 Co1 01H1>0 4 The mmlmg address for lhc c.:111111 15 IO') Fo, Pron I, Cnrbomfolc. Colorado XI <.:D 5 l11c name and pos1tu:m of the person n11lhor11.cd to c,cculc mslrmncnb comc~mg. cncumbermg. or olhcm 1se affcclmg !Ille lo real propcrt~ m1 bclmlf of 711 ELK TRACK LL(' I'• Mogh Cooper. Manager 6 The a11thon1~ of the forcgomg person 10 bmd 70 ELK TRACK I.LC 1s unlimHcd 7 rl11s St!llcmcnt of Autlmnly as c-.ccutcd 011 bclmlf of the cnlil} pursmml lo the pro, 1s1m1s of C R S §J!l-30-172 ~ fa.cculed tlus 11 ofM!l~. 21122 711 ELK HUCK LLC. 11 Colormlo hm11ed laab1h1y compm,~· STATE OF COLORADO COUNTY OF GARFll:LD The abO\c nml forcgomg m~trnmcnl \HIS acl.mmlcdgcd before me tlm I\ tl !la~ of Ma~. 2022. b) Mogh Cooper as Mmrngcr of 70 Ell. Trnd LLC. a Colornilo hmilcd hab1h1~ comp;m~ Witness Ill) hnnil and scnl 1\1~ comm1ss1011 c,,;p1rcs BRITT JENNEL CHOATE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007655 My Commi1:1S10n Expires July 1, 2025 May 11, 2022 Glenn Hartmann, P lanner 70 ELK TRACK LL C 109 F ox PROW L C ARBO NDALE, C O 81623 (970) 433-5838 Garfield County Community Development l 08 8th Street, Suite 40 I G lenwood Springs, CO 8 160 I R e: Amended Plat App licatio11 -70 E lk Tra ck U ,C Dear Mr. Hartmann: 70 Elk Track LLC is the applicant and owner of the real property which is the subject of the Amended Plat Application submitted herewith. 70 Elk Track LLC hereby authorizes Scott Grosscup, and the fi rm of Balcomb & G reen, P.C. to act in all respects as the authorized representative of70 Elk Track LLC to submit and prosecute the above-referenced application . Very truly yours, 70 ELK TRACK LLC, a Colorado limited liability company Garfield County, CO Developed by Date created: 5/11/2022 Last Data Uploaded: 5/11/2022 2:12:47 AM 239 ft Overview Legend Parcels Roads Parcel/Account Numbers Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Owner Name Lakes & Rivers County Boundary Line OqPublic.net~ □ L.,. Schneider ~.JI" GEOSPATIAL ParcelId OwnerName OwnerAddress1 OwnerCityStZip R830064 BC LOT D 20 LLC 1101 VILLAGE ROAD UNIT LL2B CARBONDALE CO 81623 R043560 SPASSER, JUDY 39 SWEETGRASS CARBONDALE CO 81623 R043561 KOVAC, STEPHEN & KIMBERLY 415 55TH AVENUE SAINT PETERSBURG FL 33706 R830066 KEIM, DAVID DONALD & DIANA OWEN 63 SWEETGRASS DRIVE CARBONDALE CO 81623 R830069 WISDOM MATURITY REVOCABLE TRUST PO BOX 5793 DENVER CO 80217-5793 R830067 70 ELK TRACK LLC 109 FOX PROWL CARBONDALE CO 81623 R830070 SCHNURR, MARK A & JUDITH L 6828 NORTHSTAR CIRCLE CASTLE ROCK CO 80108 R830072 GREENWOOD, GRETCHEN 210 SOUTH GALENA STREET SUITE 30 ASPEN CO 81611 R830071 PATRICK, GARY & PATRICIA SUITE 300, MARKET COURT 537 MARKET STREE CHATTANOOGA TN 37402 R830192 SPIRIT REALTY L P 3030 LBJ FREEWAY, SUITE 600 DALLAS TX 75234 R830068 D 24 LLC 2402 SOUTH GRAND AVENUE GLENWOOD SPRINGS CO 81601 CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(l)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E){l){b){4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or ..2L Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner Leonis P. Chuc and Neva M. Chuc 9663 Hie:hwav 82 Carbondale CO 81623 The Estate of Ceasar J. Chuc I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature Date Garfield County, CO Developed by Account Number R830067 Parcel Number 239320404023 Acres 1 Land SqFt 0 Tax Area 083 2019 Mill Levy 87.1760 Physical Address 70 ELK TRACK CARBONDALE 81623 Owner Address 70 ELK TRACK LLC 109 FOX PROWL CARBONDALE CO 81623 2019 Total Actual Value $528,590 Last 2 Sales Date Price 9/3/2021 $0 11/2/2020 $0 Date created: 5/11/2022 Last Data Uploaded: 5/11/2022 2:12:47 AM 3,157 ft Overview Legend Parcels Roads Parcel/Account Numbers Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Owner Name Lakes & Rivers County Boundary Line OqPublic.net~ L..,. Schneider ... .,, GEOSPATIAL 1 of1 sheet # PREPARED FOR: 70 Elk Track LLC SITE •- u_ rs Cl c, Cl C: LJ u ,J) NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N.43'30'29"W. between a Rebar and Cap, LS # 29030 at the southerly most corner of Lot D23 and a Rebar and Cap, LS # 15710 at the westerly most corner of Lot D23. 2. This map has been prepared pursuant to client request for o Resubdivision Plat. 3. Dale of field survey : May, 2022 4. Units of linear measurements ore displayed in US Survey Feet. 5. River City Surveys, LLC will not be responsible for ony changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 6. Properly descriptions shown hereon are based on the Plat of Aspen Glen Filing 1, recorded as Reception No. 476330 of the Garfield County Records. 7. Mineral owners: Leonis P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, CO. 81623 The Estate of Ceasar J. Chuc ( deceased) 8. Lot D23 is located within the Aspen Glen PUD Duplex Zone District, which allows further subdivision along a common wall of a duplex unit. Pursuant to the Aspen Glen PUD Eighth Amended PUD Guidelines, each duplex lot may be resubdivided according to Garfield County's Amended Final Plat process. 9. The property shown hereon is subject to all easements, rights-of-way, building setbacks, covenants, conditions, or other restrictions of record, as such items may affect this property. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All infonmation pertaining to ownership, easement and other encumbrances of record has been taken from the title insurance commitment issued by Commonwealth TIiie Company of Garfield County, Inc., Commitment No. 2205002, having an effective date of May 4, 2022. Every attempt has been made to show oll easements, rights-of-way, etc. referred to in the Schedule B2 Exceptions recited in said title insurance policy. Some such items may not be shown if they are standard title commitment exceptions, or if not sufficiently described in recorded documents to be shown graphically, or if they are situated on adjacent properties, or if they affect the property in general, etc. Surveyor's Certificate I, David A. Cooper, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a tnue, correct and complete Resubdivision Plat of Lot D23, Aspen Glen, Filing No. 1, os laid out, plotted, dedicated and shown hereon, !hot such Plat was made tram an accurate survey af said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this 131 ~~lW!&l;__' D., 2022. David A. Cooper '1;"A-cc:,--: ;:;., 0-<> Colo. Reg. P.L.S. # 29030 , ..,. For, and on behalf of O 29030 River City Surveys, LLC \ / r ELK TRACK 11.5' Util. Esmt. ~ -- --... --... ------- (D24) ----------- \ \ -- \ ---- Resubdivision Plat of Lot D23, Aspen Glen, Filing No. 1 Situated in Section 20, T.7 S., R.88 W. of the 6th P.M. County of Garfield, State of Colorado. The purpose of this plat is to resubdivide Lot D23 to create Lots D23A and D23B (D26) - - \ ' . . ~, . . . . \ '···'-·••; \ ' Urainage ona \ ,......._ \ · _..,,,..:--:irrlgatiorr Esmt. V ~. --Rec. 'N.Q. s11 s4 '\ \ ,: . . \. . '\, '-. . \_ ' ' ' "' '- 37.8' '-'- Witnes Corner (D21) \ \ \ \ \ \ \ \ --\ -------------- -LINE TABLE- LINE# BEARING DISTANCE L1 S63"35' 49"E 30.87' L2 N35°53'01"W 29.23' L3 N14·oo'oo"w 19.00' CURVE# ARC LENGTH L4 s15·oo'oo"w 0.42' 01 16. 87' L5 N14·oo'oo"w 46.83' 02 41 gg' L6 S76'00'00"W 0.42' L7 N14·oo'oo"w 37.66' -CURVE TABLE - RADIUS DELTA CHORD CHORD ANGLE BEARING LENGTH 87 50' 11·02•45" N35"46'04"E 16.84' 46 oo· 52'18'04" N35'33'03"E 40.55' GRAPHIC SCALE 20 40 County Commissioners' Certificate I 1 inch -20 ft. ~-----LEGEND-------~ '.J -~d r·fo. ~, l?cLur &: Plu:.;_ic Cur..:. LS # '..'.9Jj~, I.iii -=-c,ur d Rcb:r & f'kstic :=::ip, L~ # E,"710 □ F:.>IJI d \j,_ I Bosed upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Subdivision Plat this ___ day of -------~ A.D., 2022, for filing with the Clerk and Recorder of Garfield County and for conveyance lo the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except os specifically agreed lo by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or ainlenance of public roads, highways or any other public dedications shown hereon. Chainman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. AffiST: _____________ _ County Clerk Certificate of Dedication and Ownership 70 Elk Track, LLC, being the sole owner in fee simple of all that real property situated in Garfield County, described as follows: Lot 23, Aspen Glen, Filing No. 1, Garfield County, Colorado, as shown on the plat thereof, recorded as Reception No. 476330 of the Garfield County records, containing 0.626 acres, more or less, has caused the described real properly to be surveyed, loid out, platted and subdivided into lots and blocks as shown on this Plat under the name and styie of Resubdivision Plat of Lat 23, Aspen Glen, Filing No. 1, a subdivision in the County of Garfield. The Owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicates to the Public Utilities those portions of said real property which ore labeled as utility easements on the accompanying Plat as perpetual easements for the installotion and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this __ day of __________ ~ A.D., 2022. Owner: 70 Elk Track LLC Address:109 Fox Prowl, Carbondale, Co. 81623 STATE OF COLORADO) ) ss COUNTY OF GARFIELD) The foregoing Certificate of Dedication and Ownership was acknowledged before me this ___ day of --------~-D., 2022, by ___________ _ My commission expires: _________ _ Witness my hand and official seal. Notary Public County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant lo § 38-51-101 and 102, et seq. DATED this _____ day of ________ A.D., 2022. Garfield County Surveyor Tjtle Certificate I, ________________ an agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in 70 Elk Track, LLC, free and clear of all liens ond encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this ___ day of _________ A.D., 2022. TITLE COMPANY: Commonwealth Title Agent Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of ____________ upon all parcels of real estate described on this Plat ore paid in full. DATED this ____ day of ___________ A.D., 2022. Treasurer of Garfield County Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at _____ o'clock ___ on this _____ day of _________ 2022, and is duly recorded as Reception No. ________ _ Clerk and Recorder, Garfield County By: Deputy tel, 970-433-5700 wfcoop•gmail.com job# 20005 dwn by : dCoop ASPEN GLEN PUD Eighth Amended PUD Guidelines Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 2 A. Applicability Statement To carry out the purposes and provisions of the Garfield County Zoning Regulations, as amended, The Aspen Glen Club Planned Unit Development Zone District is further divided into the following zone district classifications: 2 Acre Residential Zone District 1 Acre Residential Zone District ¾ Acre Residential Zone District ½ Acre Residential Zone District ¼ Acre Residential Zone District Duplex Residential Zone District Club Villa Residential Zone District Golf Course Zone District Golf Clubhouse Zone District Open Space/River Parks Zone District B. PUD Zone District Regulations The following subsections describe the proposed zoning districts for The Aspen Glen Club. It is intended that a preliminary plan and final plat will be submitted for the residential development areas that are consistent with the concept and development standards set forth in the following subsections. It is intended that, for the Zone Districts described in items enumerated as 1 through 10 of this Section B, in addition to the permitted uses listed in the descriptions for each such Zone District well also include all uses by right permitted within the Garfield County Zone District known as A/R/R/D, as such uses are described in the Zoning Regulation adopted and enacted by the Board of County Commissioners of Garfield County in effect from time to time. At such time, however, as any portion of the property comprising The Aspen Glen Club is subdivided as evidenced by the recording with the Clerk and Recorder of Garfield County of a final, signed, approved subdivision plat for any such portion of the property, any right to use such platted portion of the property for any additional uses permitted by the A/R/R/D zoning shall automatically terminate, and such platted property shall be zoned only for the permitted uses specifically described in items 1 through 10 following. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 3 1. 2 Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, including guest and/or caretaker’s quarters; home occupation; water storage tank. b) Minimum Lots Size: 87,120 square feet (2 acres) c) Maximum Building Height: 32 feet d) Minimum Front Yard if abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW f) Minimum Lot Width*: 150 feet at building setback g) Minimum Lot Depth: 250 feet h) Maximum Floor Area Ratio: .25 i) Minimum Rear Yard: 35 feet j) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW l) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. NOTE: Each lot will have a pre-determined building envelope within which all structures will be confined. The remainder of the lot must be left in its natural state, a portion of which shall be designated as an “Area Prohibited for Development” on the PUD Development Plan. The envelope shall be designated at Preliminary Plan. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 4 2. 1 Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, including guest and/or caretaker’s quarters; home occupation. b) Minimum Lots Size: 45,560 square feet (1acre) c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW e) Minimum Lot Width*: 150 feet at building setback f) Minimum Lot Depth: 220 feet g) Maximum Floor Area Ratio: .25 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW k) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 5 3. ¾ Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation; existing main residence and guest house may be utilized as a Bed and Breakfast for no more than 10 beds and temporary clubhouse for the golf course. Temporary clubhouse uses shall be the same as a typical golf clubhouse facility. b) Minimum Lots Size: 32,670 square feet (¾ acre) c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW e) Minimum Lot Width*: 140 feet at building setback f) Minimum Lot Depth: 175 feet g) Maximum Floor Area Ratio: .25 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW k) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 6 4. ½ Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 21,780 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW f) Minimum Lot Width*: 120 feet at building setback g) Minimum Lot Depth: 150 feet h) Maximum Floor Area Ratio: .25 i) Minimum Rear Yard: 20 feet j) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW l) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 7 5. ¼ Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation. b) Minimum Lots Size: 10,890 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 30 feet from roadway easement/ROW f) Minimum Lot Width*: 60 feet at building setback g) Minimum Lot Depth: 120 feet h) Maximum Floor Area Ratio: .35 i) Minimum Rear Yard: 20 feet j) Minimum Each Side Yard: 10 Feet k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement/ROW l) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 8 6. Duplex Residential Zone District Two-family attached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential and two-family residential. Provided, however that the following uses shall be allowed upon Lot D45, as depicted on the Final Plat Aspen Glen Filing No. 1: A sales and reception center or real estate sales professionals and customers; a reception center for development sponsored guests of Aspen Glen; offices for real estate sales, administration, homeowners association matters, and related office uses. b) Minimum Lots Size: 15,625 square feet c) Maximum Building Height: 30 feet d) Minimum Front Yard if Abutting Arterial Street: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 30 feet from roadway easement/ROW f) Minimum Lot Width* (see below): 125 feet at building setback g) Minimum Lot Depth: 125 feet h) Maximum Floor Area Ratio: .30 i) Minimum Rear Yard** (see below): 20 feet j) Minimum River Setback (from Normal High Water Line) 50 feet for buildings and 25 feet for fences k) Minimum Each Side Yard*** (see below): 10 Feet or ½ height of principal building which is greater; zero lot line allowed between duplex units as provided for in re-subdivision procedure as defined below l) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement/ROW Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 9 6. Duplex Residential Zone, Con’t. m) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. ** Rear building line and fencing allowances on river golf course and other premium frontage lots are to be determined on a lot by lot basis at time of subdivision platting. *** Each duplex lot may be re-subdivided along a common wall departing the individual dwelling units of a two-family residence. Re-subdivision of a duplex lot shall be processed as follows: A plat of the lot to be re-subdivided shall be submitted along with a narrative requesting the re-subdivision and the written consent of the lot owner to the Garfield County Department of Planning. Staff shall review and compare the plat with the previously recorded plat for the affected area of the Aspen Glen Planned Unit Development. Within thirty (30) days of submittal the re-subdivision plat shall be brought before the Board of County Commissioners for review and decision. If the re-subdivision plat meets the criteria set forth by these Aspen Glen PUD Zone Regulations, the Board of County Commissioners shall approve the re-subdivision along the common wall of the duplex structure. A Final Plat having all other signatures and statement required of a plat and titled “Re- subdivision of Lot ___, Block ___ of ___ (reference the title of the appropriat e Aspen Glen PUD recorded plat), shall be signed and dated by the County Surveyor , then dated and signed by the Chairman of the Board and recorded in the Clerk and Recorder’s Office of Garfield County within ninety (90) days. NOTE: As provided for in the guidelines of the Protective Covenants, there will be no architectural mirror image of duplex units. While each unit may be similar in size, it is intended the entire duplex structure appear architecturally unified in that the duplex will have the character of one residential structure. The smaller of the two duplex units may not exceed 40% of the allowable square footage. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 10 7. Club Villa Acre Residential Zone District Single-family attached and single-family detached residential dwellings intended for individual lot ownership, which may include golf villas, townhomes, club villas, and duplexes. Single-Family Attached a) Permitted Uses: Single-family residential (attached) plus accessory uses, except guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 22,500 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 20 feet from roadway easement/ROW e) Minimum Lot Width*: 60 feet at building setback f) Minimum Lot Depth: 100 feet g) Maximum Floor Area Ratio for Entire Development Tract: .5 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 7.5 Feet j) Minimum separation Between Buildings: 15 feet k) Maximum Number of Attached Units (in a single structure): 8 units l) Minimum off Street Parking per DU: Two (2) spaces m) Minimum Open Space per each Villa Development Tract: 25% Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 11 7. CLUB VILLA ZONE CONTINUED Duplex a) Permitted Uses: Single-family residential and two-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 15,625 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 20 feet from roadway easement/ROW (per Director Decision recorded at Reception Number 796954) e) Minimum Lot Width*: 125 feet at building setback f) Minimum Lot Depth: 100 feet g) Maximum Floor Area Ratio for Entire Development Tract: .3 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 10 feet or ½ height of the principle building whichever is greater j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement /ROW k) Minimum off Street Parking per DU: Four (4) spaces Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document is a compilation of approvals granted by the Board of County Commissioner in resolutions referenced above. Page 12 7. CLUB VILLA ZONE CONTINUED Single-Family Detached a) Permitted Uses: Single-family residential (detached) plus accessory uses, excluding guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 10,890 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 25 feet from roadway easement/ROW e) Minimum Lot Width*: 60 feet at building setback f) Minimum Lot Depth: 100 feet g) Maximum Floor Area Ratio for Entire Development Tract: .25 h) Minimum Rear Yard: 20 feet unless abutting BLM or open space/golf parcels then 10 feet i) Minimum Each Side Yard: 10 feet j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement /ROW k) Minimum off Street Parking per DU: Two (2) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 13 8. Golf Course Zone District a) Permitted Uses: Golf course, golf maintenance facility, related activities, fire/security station and accessory uses; water treatment facility b) Golf Maintenance Building and Accessory Buildings: 1) Maximum Building Height: 25 feet 2) Building setback from CR 109 and any adjacent residential land uses: 25 Feet Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 14 9. Golf Clubhouse Zone District a) Permitted Uses: Golf clubhouse (including but not limited to, pro-shop, restaurant, lounge, exercise facility, locker rooms, library and memorabilia rooms, meeting and special function rooms); Real estate sales office; fishing tackle sales; beauty salon and barber shop; business services; auto detailing; reservation services; recreational and related activities; convenience store; bed and breakfast for no more than 10 beds; A maximum of ten (10) single family attached residential dwelling units intended for condominium or town home ownership. b) Maximum Building Height: 40 feet c) Minimum Front Yard if Abutting Public/Private Street: 5 feet from roadway easement/ROW d) Maximum Floor Area Ratio for Entire Development Tract: .25 e) Minimum Rear Yard: 50 feet f) Minimum Side Yard: 25 feet g) Minimum off Street Parking per DU: 150 spaces plus one additional space per each bed in bed and breakfast facility h) For single family attached residential dwelling units allowed within this Zone District, the following Development Standards apply: 1) Minimum lot size per condominium structure: 9,600 square feet 2) Maximum building height: 29 feet 3) Minimum lot width: 40 feet 4) Minimum lot depth: 100 feet 5) Minimum separation between buildings: 20 feet Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 15 9. Golf Clubhouse Zone District, Con’t. 6) Minimum setback from public/private street or driveway: 10 feet 7) Maximum floor area ratio (total of floor space of all units on any single condominium or townhome lot: .5 8) Minimum off-street parking per residential dwelling unit: Two (2) spaces Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 16 10. Open Space/River Parks Zone District a) Permitted Uses: Passive and active recreational activities; park facilities; clubhouse with snack bar; fishing tackle sales; equestrian facilities; tack services; reservation services; water treatment facility; water storage tanks; and wastewater treatment facility b) Maximum Building Height: 25 feet provided that water storage tanks may exceed such height limitation c) Building Setback from Residential Property Line or Road ROW : 25 feet Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 17 C. General Provisions 1. Effect of Garfield County Zoning Resolution (adopted January 2, 1979) The provisions of the Garfield County Zoning Resolution and the successors thereof as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Aspen Glen Planned Unit Development Zone Regulations. 2. Conflict The provisions of the Zoning Regulations shall prevail and govern the development of Aspen Glen PUD provided, however, where the provisions of the Aspen Glen PUD Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions established herein shall take precedence over definitions established by Subdivisions Regulations of Garfield County, adopted A pril 23, 1984, whenever these regulations are applicable to the Aspen Glen PUD. By way of example, the floodplain regulations suet forth in Section 6:00 of the Garfield County Zoning Regulations are fully applicable to this proposed PUD. D. Variance from Subdivision Regulations Except as defined below, all provisions of the Garfield County Subdivision Regulations shall be applicable to The Aspen Glen Club PUD. 1. Street Design: Standard street cross sections hall be as identified in Section V, D. (page 42), title Typical Roadway Cross Sections. 2. If an emergency access point has not been provided, cul-de-sacs in excess of 600 feet will be allowed with the following design standards: a. Right-of-way minimum radius: 62 feet b. Driving surface minimum radius: 60 feet 3. Sidewalks are not required in the street right-of-way except as proposed in Section V, H (p. 46), titled Public and Private Trail System Plan. 4. In situations where topography or development tract orientation dictates, the offset between intersecting streets will be a minimum of 100 feet. - Open.JSpaco O' 60Q' f.E(J(J' .tlJQ()' iii SQOU.· f"=BO(JftBI Le_q_end Ana not a part o/ Filin,y No. I Plat Holt1s.· A) ~ fr,::'rfv~~~:rc~~ ~ cou,uy. .1'/w UT1TIS and~~ to tlw aN HI fer/h in IJw nsolu/itJn t:>/ IJw ~ Com, .1,;::,f/· J~ Zrf:~°' cf;f/1~ ~~ B) .t.si:wn Cun nling Ho. I is .ru6J6CI lo 1M 7'n'11U q/ ~ of c~ Conditions. and Hutrlc/im$ /orA$pflt'I ~ f'(lConud in B°""--at P¥• __ . C) o/ sfipulalions. PJ I) Ho opm Mar~ soltd-.fu4/ /Jurnit#Q' ~~s will 611 allfJW•d ~11 unthJn ,1~ &kn wiln tlw ezceplion of /our (-1) ,/'frepl_QC(IS in 1h11 clutJMu,se and fireplaces <:UTTSntly in pl=s in •Nfinq~u. .?) AU <mlflllinu u.ni/s will 08 allotuld an unrt1strlcfed num/Jflr of nalural .r;fM 6urninp /irllpfacllS or appliances.· and 3) All dw6llin§ units will /J11 al/Qw,d no man ~ -naw wood 6urninQ slOVil as d8./f.1ud by C:.~S. .!5-7-¥01, at ff//. and iAa Hlj'U/afwns prqmu/§a.fff ~ SJ £ots may 08 wcal•d wUMn 1M 100 l/6t11' ftoOtip/am £,ots ZIMAm rqu/aliid feap/ain are $UllfaCI to Ow ~ of Ssclwn 6: FtoodJ)IOW q/ 1118 Car,Jwld County 3rmin; Rllso/ulitm. ,!') Only-dos, is al/Qw,.d/w 6ach duwl#nq unit. C) £ols DI tAroug,i D-15 OTfl duplu: £ots and may 08 )"u:r/Mr ~ at a /ufur8 dalt1. HJ .lh'wr waltlr$ an suOJftll to a Rwff' H~ and Boating 4'tJ$t11'1Sffl/ .for 1M lwMfil o/ tM puNic: /) D~ or dVin§ cottonwood bWS wiUnn tM ~ Spac6/Hl'tlf(' Par.ts ~~$,~:°~ =ar:t~tMWtljf~.s 4s.sociaium may rnTl(Jf/6 SUM lrtMs Q/ its discrtllum. Aspen Glen Minerols l.eonls P. Chuc ond Neva M. Chuc 966.J Highwoy 82 Carbondole, Co, 8162.J 1/4 interest reserved in Worronty Oeed recorded 12/26/58 in Book .J14 at Page 160. Subsequently conw:pd by quit claim Deed recorded 6/28/89 in Book 757 at Page 540. Effects: of/ of the NE1/4 Nl'l!/4, l.ots 4,5,6,7, 10, 11, 19 and 20; that of l.ofs 8,9 and 1.J lying easterly of the Roaring Fof"k RiWJr; on_d l.ots 1 and 12, all in section 20, Township 7 Sovth, RqngtJ 88 West of the 6th Pn'nclpq/ Meridian. ThtJ Estate of Ceo.sar J. Chuc (OtJceosod) 1/4 1'nferest reserved in Worronty Oeed recorded 9/26/61 k1 Book .J.J6 at Page 570. ' Effects: Lots 12 and 16, Section 20; l.ots 2 and 3, Section 29; all in Township 7 Sovth, Range 88 West of the 6th Principal Meridian except that parcel of land descdbed In d=d recorded In Book 25:j at Page 272. Ello J. Chose 1/50 1'nterest in defJd recorded 6/12/51 i'n Book 258 at Page 594. Effects: Thot portion of Lots 6 and 7, Section 18, Township 7 sovth, Rongo 88 West of the 6th Principal MQridian lying sovtherly and westerly of the Roan"rtg Fork RiWJr. W17liam Walter Gentry AAA William Gantry All resefll8d 1ft deed recorded s/8/50 in Book 250 at Page 271 Effect$: Lots 2 and 5, Ser.lion 13, township 7 Sovth, Range 88 West of the 6th Pn'ncipq/ Men"dion. United Stott.JS of America All vronivm, thoni.Jm or other mQterial tJssentiol to the production of fissionable motonfJls rHServed iii Potsnt recorded in Bock 2~ at Page 161. Effects: NE1/+NW1/4, and Lots 19 and 20, Section 20, township 7 Sovth, Range 88 West of the 6th Pdncipo/ Merid1Qn. '---:C::.~ .6'H&'/H.6'.6'AIS' SCHUlf..i'S..i'.i t;O.i.DOH U..i'Y..i'.i /l'IC. -u 118 IY. IJIA Street, Su#e 200 -~ SUHPKYOHS I Aspen .%'9.vusn.i M~~ 1$0.iJ"Jfs':!,1;3/s, ?JJJ!t°a/./!f/¢8 (7()/rD()H .VKYSB ---==..-··· A.sp<n4 Colorado (303) .925-6727 Clen BQIJT(/ of Couniy Comm~• Cwt(/ical,,' Counl,vfi!r~ pu6/ic A,uAway.s; or _ _ ~a/Iv apud lo 6y 1M Board o/ C'oum'y Commtssimwrs and j'u1"tlwr that said apprtn;ai sAa/1 an no W'W o6lf.9atB Car/wld coumy for 1M constructwn, npair fir mainJmanc, of pu6/ic h,g/i;~ BtU.iD Q,tf' COUN!'r CO.V.V/"SS./OHS&S' OF', tlJ./VJn:D COQHff, COUJJUl)O ~,D)i;d, Clun'rman and S6QI of 1h11 County o/ Carfuld. AIIBsf: ~;p..p,, edv Oeakf: unty c- CkrJ: and .i11Ctm:/8r's Cn-1-(/fcale.• .mis plat was ftl~d /(If' r,co,ri in tlw 0/ftce .o/ 11w c,:mt and .i:rr~~:;;~~ r::~~U:o1:-'LJl2 __ o'cf:t~~is Ptlld7 ~.:l.'?C-00 (Yl_.dd,u../ 44,,t,v-,+ "lh~ :i.-,4 :Cc.""• e .. 1....,",,,e~""--JJ!t44""",__-~---,,_ C4unly StinHJvor's CerlVicaJe: ~~ ;'.tm_l-£,.and,!'onn ~.f a!!1_ !!"'~~-~-~ ~ ~ AlttWnlJl's~e.· ✓, 1--MtC(tiCG R-G'ccurd~-~-an at~ /u:ll1U(ld lopnwlicll/arQlnl/wst{M(lo.fC'oltmltJq, doMrW~cff'f(fythala/J <Udical'i<ms to tAe puN;c as <Usorwed tm this~ pJal an, free and c/-,. of any ~ claims or ~s of r-6~ and~ U>atMu,.,,,.-.,:,;,,,u.,.,.,.,,F_ · ~Mefla.r.J"i6ki C,unty Su6di-~ o/ 1' ' ( , ?(N/'t:5 ft""'"'V Pale 'i'"tEn't7 er:'r Cvt(f,'qqte- :r~aows~ ~~ r::/ae~ ~~~ of said sufHiwisi<m as the same are #aJ:ed uptm tAe ground m t:Ompliance wil'n app/WG6/8 r,g-ui~ ,PtnlflT7il#W 1M .sulu#t.li.fUm o/ land. .I" /urllwr cerfi/'y tAal Uds p/QI sallSfiu ~~ o/ C..,(l.S. 38-33.3-209. 7:,-,,.J day o/ :=pt; t?t5f/H5f 4'a.nmwnl Slalnmml: I, ~~"'j,e~/~~:::::t.~1:!./j~/a///4/$.J'/Jue ,.s 27.00 /eel wide and 15.5 feel wide a/0119 roads WMff riQAl-o/-way i9 2.9. ()f) /ut wid8. 2. ~ t/(IA'WU/ar QQIMSS IS a/lQw(ld to all internal road/;· and -.VffJCY QQIMSS e~ 3. .AUinlernalroad.s-canhusedasuiililye~ -1. l'lure sAa/1 O(I /or ut,;Nfy, ~~ and uiilily pur7)0S(IS a 15 fool wiM ~ 7.5 /.et tm ea:i:A side ,o/ all side and rear /q//Ws. 5: "'e~or-:tJV-z~ ~t::::u/::..r°~ QQIMSS Co//COUT$(10r/mw: 6. 4'asemnus shown as 6n.ng uptm ,l'ulure /ffin.gs sAa/1 Oil ~ U}'llm 11w /wll J;/QI '1/ ~ ftlings. 7. 4'asenwnb are ~hd tm .slwllfs " IAru fl) and ll t4nl 27. £e,pend and Holes.· -~ indicates found monument as dsSt17'1°0Qd -® indicates set mmwment, #5 ,-,oar and reuow Plastic Ci;r;,, -6 ~f°;;tmfro/ point -Survey ()rvntation /Jased tm a Oearing of S (}(J'l)f',ll/" /Y Oefwetm flu, Hort/:UJ(lsf conun-of SeclzM .20 and the /Yust I/~ comer o/ said Section 2(), 7'0Wnship 7 SQU/,\ .ianpe 88 Tes! a/ the 6th Principal .Veridian Oflth wwnumtmlt«i OJI 1986 .i.lV AlumUJum Caps; -.Dale .a/ Survq -Oclolmr, t.991, and performgd OJI Hl,9'A Country ..i'n(/ineering, fl4mW()()d ~ CO. -Owner -Aspen (;ten Coif Company. a C4/"1'ado £imited Partnw.m;p, Car/Jondale Co. NAME or PROPERTY MORTGAGEES 1. Club Financiul Ccrp., a Nevodo C4rporati4n 2, Estate of Wolter M. Gleosc,n; Union Properties, Inc.: Katherine Gleason Foundation; NacGyvtlr Enterpn's_es, l.td.; Senator George Smothers; George Gwoltney J. Aspen GltJn Fund1'ng I, LLC. 4. Ethel A. Hevschkel Fz"nal .Plat ~ Drawn by: .i,.F. OottJ: t,e/()t/N Appr. by; K.T. 2 [ PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOT D-23 ASPEN GLEN FILING NO. 1 GARFIELD COUNTY, COLORADO Recitals 1. 70 Elk Track LLC ("Declarant") is the Owner of the real property situated in the County of Garfield, State of Colorado, described as Lot D-23, Aspen Glen Filing No. 1, according to the Plat thereof recorded April 6, 1995, as Reception No. 476330 (the "Lot") in the records of the Garfield County Clerk and Recorder. 2. Declarant has constructed on the Lot a duplex building consisting of two separate Units, each designed and intended for use as a residential dwelling, designated as Unit A and Unit B, which are sometimes referred to separately as "Unit" or collectively as "Units." 3. Declarant desires to establish a plan for the Ownership of the Lot as it has been resubdivided, by establishing separate Ownership and rights and obligations related and appurtenant to Unit A and Unit B, as identified on the Plat. DECLARATION SECTION I SUPPLEMENTAL DECLARATION; LOT SUBJECT TO MASTER DECLARATION A. Declarant does publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land described herein, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the Units and improvements built thereon, their grantees, personal representatives, heirs, successors and assigns. B. Notwithstanding anything set forth in this Supplemental Declaration, the Lot which has now been resubdivided into Unit A and Unit B, shall at all times be subject to all terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen as the same are recorded in the records of the Clerk and Recorder of Garfield County, Colorado, as Reception No. 476328, Book 936, Page 350, (“Master Declaration”) and as the same has been, and may be, amended from time to time. Party Wall Agreement Page 2 SECTION II DEFINITIONS Unless the context shall expressly provide otherwise, the terms used herein shall have the meanings set forth in the Master Declaration. In addition, the following terms shall have the following meanings: A. "Driveway Easement" means any non-exclusive easement upon the Lot for pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the Owners of Unit A and Unit B as provided in this Supplemental Declaration. B. "Duplex" or "Building" means the improvements constructed upon the Lot. C. "Lot" or "Building Site" means Lot D-23 Unit A or Lot D-23 Unit B, depicted as Lot D23A and Lot D23B on the Plat located in Garfield County, Colorado. D. "Owner" means a person, persons, firm, corporation, partnership or association, or other legal entity, or any combination, owning an interest in the Parcels, and shall include, when the context permits, such Owner's family, agents, guests, invitees and, if such Owner is not a natural person, such Owner's ultimate natural person beneficial Owners. E. "Plat" means the Plat of the Lot filed on __________________ as Reception No. ________________ of the Records of the Garfield County Clerk and Recorder, depicting and locating with specificity the Units and the Common Driveway, which land and improvements are subject to this Supplemental Declaration. F. "Unit" means either Unit A or Unit B of Lot D-23, Aspen Glen Filing No. 1, according to the recorded Plat together with the improvements located upon each respective division of the Lot, the improvements thereon, and appurtenant rights and obligations. SECTION III DESCRIPTION AND RESERVATION Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed, or other legal instrument affecting title to a Unit shall legally describe such Unit of the Lot or a real property interest therein as follows: Party Wall Agreement Page 3 Unit A or Unit B, (as the case may be) Lot D-28, Aspen Glen Filing No. 1, according to the Plat thereof and according to the Party Wall Agreement and Supplemental Declaration of Covenants, Conditions and Restrictions for Lot D-23, Aspen Glen Filing No. 1, recorded as Reception No. __________________ of the records of the County of Garfield, State of Colorado. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect the Units and all appurtenant rights, benefits and burdens thereto as created by the provisions of this Supplemental Declaration, and each such description shall be so construed. SECTION IV PROPERTY DIVISION. A. Declarant hereby establishes this plan for the subdivision of the Lot into two Units for Ownership in fee simple consisting of Unit A and Unit B. B. No Owner shall bring any action for partition or division of Unit A and Unit B from their appurtenant undivided interests in the Party Wall or Common Driveway. C. In the event Unit A and Unit B are owned by the same person or entities, the doctrine of merger shall not apply. D. Except as otherwise provided herein, the parties, if more than one, having the Ownership of each such Unit shall agree among themselves how to share the rights and obligations of such Ownership; provided, however, that if a corporation, partnership, association or other legal entity shall become an Owner, or the parties, if more than one, have concurrent Ownership of a Unit, then such entity or concurrent Owners shall from time to time designate one individual who shall represent such entity or concurrent Owners in all matters concerning all rights and obligations pursuant to this Supplemental Declaration. E. Any such entity or concurrent Owners shall give written notice to the other Owner designating the individual to act on its or their behalf and such notice shall be effective until revoked in writing by such entity or Owners. Any act or omission by such designated individual shall be binding on the entity or Owners so designating him. F. Each Unit shall be considered a separate parcel of real property and shall be separately assessed and taxed. Party Wall Agreement Page 4 SECTION V CREATION OF COMMON DRIVEWAY EASEMENT Declarant hereby creates, and the Owners of the Units, their grantees, personal representatives, heirs, successors and assigns, shall each have a mutual, reciprocal, non-exclusive, perpetual easement and right-of-way upon the Common Driveway depicted on the Plat for purposes of providing vehicular, pedestrian, or utility access to their respective Units. Unit A and Unit B shall each have appurtenant thereto the easement created hereby and the right to use the Common Driveway for the purposes set forth herein, which right shall be inseparable from either Unit. And may be conveyed, leased, devised, or encumbered only as such appurtenant interest. No Owner of either Unit shall bring any action for partition or division of Unit A or Unit B from their appurtenant interest in the Common Driveway. In the event Unit A and Unit B are owned by the same person or entity, the doctrine of merger shall not apply. The Owners of both Units shall have equal right to the use of the Common Driveway and no Owner shall hinder or permit his or her invitees’ access to the residential dwelling unit constructed on either Unit. There shall be no parking upon the Common Driveway without permission of the other Unit Owner. The Owners shall maintain the Common Driveway in its present condition or in the condition to which it is improved from time to time, free and clear of obstruction, shall repair the same as necessary, shall keep the same reasonably free and clear of ice and snow, and shall keep the Common Driveway insured with respect to liability. All necessary maintenance of the Common Driveway shall be shared equally by the Unit Owners, including snowplowing and other necessary maintenance of the Common Driveway to SECTION VI ENCROACHMENTS If any portion of the improvements associated with Unit A or Unit B now encroaches upon the other Unit as a result of the construction of any building, or if any such encroachment shall occur later as a result of settling or movement of any building, a valid easement for the encroachment and the maintenance of the same so long as the building stands, shall exist. In the event any building shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt, encroachments of parts of the building on the other Unit, due to such rebuilding, shall be permitted, so long as such encroachments are of no greater extent than those previously existing, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. Party Wall Agreement Page 5 SECTION VII PARTY WALL A. The common wall placed on the common boundary separating Unit A from Unit B, the footings underlying said wall and the portion of roof over such wall are collectively referred to as the "Party Wall." B. To the extent not inconsistent with this Supplemental Declaration, the general rules of law regarding party walls and liability for damage due to negligence or willful acts or omissions shall apply to the Party Wall. C. The Owners of either Unit shall have a perpetual easement in and to that part of the other Unit on which the Party Wall is located, for party wall purposes, including mutual support, maintenance, repair and inspection. In the event of damage to or destruction of the Party Wall from any cause, the Owners shall at joint expense, repair or rebuild the Party Wall, and each Owner shall have the right to the full use of the Party Wall so repaired and rebuilt. Notwithstanding anything contained above to the contrary, if the negligence or willful act or omission of any Owner, his family, agent or invitee, shall cause damage to or destruction of the Party Wall, such Owner shall bear the entire cost of repair or reconstruction, and an Owner who by his or her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing the necessary protection against such elements. SECTION VIII LANDSCAPING, SERVICE FACILITIES, AND PARKING Subject at all times to the relevant provisions of the Master Declaration: A. The Owners from time to time shall undertake such landscaping and general outdoor improvements as they may mutually and unanimously deem proper for the harmonious improvement of both Units in a common theme, and each Owner shall be solely responsible for all expenses, liabilities and general upkeep responsibilities with respect to such landscaping and outdoor improvements on the Unit of that Owner. The Owner of one Unit shall not unreasonably damage the value of the other Unit such as by shoddy upkeep outside, but both Owners shall make all reasonable efforts to preserve a harmonious common appearance of the Units. Nothing contained in this Supplemental Declaration shall be deemed to prevent either Owner from adding any additional natural landscaping, trees or similar items to such Owner's Unit, or from installing grass, all at the sole expense, maintenance and upkeep of such Owner, unless otherwise specifically agreed to by the Owners themselves. Notwithstanding anything to the contrary herein, the Owners shall at all times comply with all applicable Homeowners Association Rules and Regulations regarding landscaping. Party Wall Agreement Page 6 B. Common utility or service connections or lines, common facilities or other equipment and property located in or on either of the Units but used in common with the other Unit, if any, shall be owned as tenants in common in equal undivided one-half interests by the Owners of each Unit and, except for any expense or liability caused through the negligence or willful act of any Owner, his or her family, agent or invitee, which shall be borne solely by such Owner, all expenses and liabilities concerned with such property shall be shared proportionately with such Ownership. The Owner of the Unit on which such property is not located shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessary for purposes of maintenance, repair and inspection. SECTION IX ALTERATION, MAINTENANCE AND REPAIRS Subject at all times to the relevant provisions of the Master Declaration: A. In addition to maintenance provided for, the Owners shall, at their own individual expense with respect to each respective Unit, provide exterior maintenance and exterior repair upon the Units and the unimproved portions of the Units including, but not limited to, the exterior walls and the roof housing the Units. Repair and replacement or cleaning of exterior windows shall be considered interior maintenance. If the need for repair or maintenance is caused through the negligence or willful act of any Owner, such Owner shall bear the entire cost of such repair or maintenance, even though the need for such repair or maintenance exists on the other Owner's Unit. B. In the event an Owner, at his or her own expense, fails to maintain, preserve, and replace as needed, the trees, shrubs and grass (the plantings), landscaping or other outdoor items within the property boundaries of his or her Unit commensurate with the standards set forth in the Master Declaration, the other Owner may, after 30 days written notice to the Owner, if such failure continues and if within that time the offending Owner has failed to make a good faith effort to bring his or her plantings, landscaping or other outdoor items into substantial conformity with the neighbors plantings, landscaping or other outdoor items, contract with responsible parties to bring to standard the offending Owner's plantings, landscaping or other outdoor items and charge the offending Owner therefor and such cost shall be added to and become a charge and lien to which such Unit is subject. Each Owner grants to the other Owner, its agents and assigns, an irrevocable easement to perform the above work. C. Each Owner shall be solely responsible for maintenance and repair of the inside of his or her Unit including fixtures and improvements and all utility lines and equipment located there and serving such Unit only; window glass and frames shall be deemed interior maintenance. In performing such maintenance and repair, or in improving or altering his or her Unit, no Owner shall do any act or work which impairs the structural soundness of either Unit or the Party Wall or which interferes with any easement granted or reserved in this Supplemental Declaration. Party Wall Agreement Page 7 D. Utility or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Units, which are used solely to supply a service or utility to one Unit, shall be owned by the Owner of the Unit using such utility or service and all expenses and liabilities for repair and maintenance shall be borne solely by the Owner of such Unit, who shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessary for purposes of maintenance, repair and inspection. Such utility or service connections or lines, facilities or other utility equipment which serve both Units shall be the responsibility of the Owners of both Unit A and Unit B and expenses associated therewith shall be borne as provided under Section X below. E. No Owner shall make or suffer any structural or design change (including a color scheme change), either permanent or temporary and of any type or nature whatsoever, upon any part of his or her Unit without first obtaining the prior written consent of the other Owner. The Units shall be painted in the same color scheme and at the same time, and both Units shall be maintained in the same manner. In the case of damage or destruction of any Unit or any part thereof by any cause whatsoever, the Owner of such Unit shall cause with due diligence the Unit to be repaired and restored, applying the proceeds of insurance, if any, for that purpose. Such Unit shall be restored to a condition comparable to that prior to the damage and in a harmonious manner to promote the common theme of both Units. SECTION X ALLOCATION OF EXPENSES Costs and expenses of any common landscaping, service facilities, alteration, maintenance and repairs, including, without limitation, expenses related to the Party Wall, except as caused by the negligence or willful act of an Owner, shall be allocated in the following proportions: Unit A 50% Unit B 50% SECTION XI MECHANIC'S LIENS: INDEMNIFICATION A. Except for items incurred as a common expense as provided for in this Supplemental Declaration, if any Owner shall cause any material to be furnished to his or her Unit or any labor to be performed, the other Owner shall not under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished; all such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his or her Unit or any improvements; nothing shall authorize either Owner or any person dealing through, with or under either Owner to charge the Unit of the other Owner with any mechanic's lien or other lien or encumbrance whatever; and, on the contrary, the right and power to charge any lien or Party Wall Agreement Page 8 encumbrance of any kind against one Owner or against one Owner's Unit for work done or materials furnished to the other Owner's Unit is expressly denied. B. Except as provided for below, if, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the other Owner's Unit or any improvements, or against any other Owner (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his or her own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to such other Owner, within 20 days after the date of filing, and further shall indemnify and save the other Owner harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees. SECTION XII INSURANCE A. Each Owner shall acquire and at all times maintain a policy of insurance which shall insure its Unit and all fixtures against loss or damage by fire and extended coverage perils (including vandalism and malicious mischief) for the maximum insurable replacement cost thereof. If the Unit Owners collectively agree to do so, they shall jointly acquire and at all times maintain a policy of insurance which shall insure both Units and all fixtures against loss or damage by fire and extended coverage perils (including vandalism and malicious mischief) for the maximum insurable replacement cost thereof. The cost of such joint insurance shall be borne by each Owner in amounts mutually acceptable to the Owners at the time of acquisition of each such policy of insurance and at each renewal thereof. In the event the Owners cannot agree on the allocation of the cost of such insurance, the cost thereof shall be allocated as set forth in Section X. B. Each Owner shall provide and keep in force, for the Owner's protection, general public liability and property damage insurance against claims for bodily injury or death or property damage occurring in, on or upon, his or her Unit and any improvements, in a limit of not less than $500,000 in respect of bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against possible tort liability, such higher limits shall be carried and each Owner shall name the other Owner as an additional insured party under such policy. C. Each Owner shall deliver to the other Owner certificates evidencing all insurance required to be carried under this paragraph, each containing agreements by the insurers not to cancel or modify the policies without giving the other Owner written notice of at least 30 days. Each Owner shall have the right, upon his or her reasonable request, to inspect and copy all such insurance policies of the other Owner and require evidence of the payment of individual premiums. Party Wall Agreement Page 9 SECTION XIII DESTRUCTION OF IMPROVEMENTS ON UNIT A. In the event of damage or destruction to a Unit by fire or other disaster, the insurance proceeds, if sufficient to reconstruct the Unit, shall be deposited into a bank account which requires, for withdrawals, the signature of both the Owners, unless otherwise required by the insurance carriers, in which event the requirements of the insurance carriers shall establish the method of disbursement. The Owners shall then promptly authorize the necessary repair and reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost. "Repair and reconstruction" of the Units means restoring the improvements to substantially the same condition in which they existed prior to the damage with such Unit having the same boundaries as before. B. If the insurance proceeds are insufficient to repair and reconstruct any damaged Unit, such damage or destruction shall be promptly repaired and reconstructed by the Owner using the insurance proceeds and the proceeds of a special assessment against the Owners of the damaged Unit. Any such assessments shall be equal to the amount by which the cost of reconstruction or repair of the Unit exceeds the sum of the insurance proceeds allocable to such Unit. Such assessments shall be due and payable not sooner than 30 days after written notice of the assessments. The special assessment provided for in this agreement shall be a debt of each Owner and a lien on his or her Unit and the improvements and may be enforced and collected by foreclosure proceedings in the Courts. C. Notwithstanding the above, the Owners and first mortgagees of any or all of the destroyed or damaged Units may agree that the destroyed or damaged Units shall immediately be demolished and all debris and rubble caused by such demolition be removed and the Unit(s) regraded and landscaped. The cost of such landscaping and demolition work shall be paid for by any and all insurance proceeds available. Any excess insurance proceeds shall then be disbursed to such Owners and their first mortgagees jointly. SECTION XIV RIGHT TO LIEN A. If an Owner, at any time, shall neglect or refuse to perform or pay his or her share of any obligation required under this Supplemental Declaration, the other Owner may, but shall not be obligated to, after 15 days written notice unless the circumstances required immediate action, make such payment or, on behalf of such other Owner, expend such sum as may be necessary to perform such obligation including, but not limited to, the payment of any insurance premiums required under this Supplemental Declaration or the undertaking of any work required under this Supplemental Declaration for repair, restoration or maintenance, and such other Owner shall have an easement in and to that part of such defaulting Owner's Unit as is reasonably necessary for such repair, restoration or maintenance. Party Wall Agreement Page 10 B. All sums so paid or expended by an Owner, with interest at the rate of 18 percent per year from the date of such payment or expenditures, shall be payable by the Owner so failing to perform (the "defaulting Owner") upon demand of the other Owner. C. All sums so demanded but unpaid by the defaulting Owner shall constitute a lien on the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the date when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by the non-defaulting Owner setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner, and a description of the Unit. In any such foreclosure or any other collection proceeding the defaulting Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees, all of which costs shall be included in the lien as provided in this agreement. D. The lien provided for in this Supplemental Declaration shall be subordinate to the lien of any first mortgage or deed of trust, including all additional advances. Sale or transfer of any Unit as the result of judicial foreclosure, mortgage foreclosure through the public trustee, or any proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer, but shall not relieve any former Owner of personal liability. The mortgagee of such Unit who acquires title by way of foreclosure or the taking of a deed in lieu of foreclosure shall not, however, be liable for future assessments on the date it becomes the Owner of such Unit. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof. In the event of the sale or transfer of a Unit with respect to which sums shall be unpaid by a defaulting Owner, except transfers to a first mortgagee in connection with a foreclosure of its lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such Unit shall be jointly and severally liable with the seller or transferor for any such unpaid sums. E. Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Unit, the Owner of the other Unit shall issue a written statement setting forth the amount he or she is owed under this paragraph, if any, with respect to such Unit. Such statement is binding upon the executing Owner in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within fifteen days after receipt, all unpaid sums which became due prior to the date of making such request shall be subordinated to the lien or other interest of the person requesting such statement. SECTION XV ALL OWNERS RESPONSIBLE; MEDIATION Both Unit Owners shall be mutually responsible for the administration and management of the obligations created under this Supplemental Declaration. However, in the event both Owners cannot mutually agree when a decision is required by this Supplemental Declaration, the Owners shall attempt to resolve the impasse by first proceeding in good faith to submit the matter to Party Wall Agreement Page 11 mediation. The Owners will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within sixty (60) calendar days from the date written notice requesting mediation is sent by one Owner to the other, the mediation, unless otherwise agreed, shall terminate. In the event the mediation is terminated without resolving the entire dispute, the Owners may then seek appropriate relief as provided in Section XIX hereof. SECTION XVI NOTICE Each Owner shall register his or her mailing address with the other Owner and all notices or demands intended to be served upon Owners shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. In the alternative, notice may be delivered, if in writing, personally to Owners. SECTION XVII DURATION OF DECLARATION Unless amended as herein provided, each provision contained in this Supplemental Declaration shall continue and remain in full force and effect until 2046, and thereafter for successive periods of 10 years each; unless during the calendar year of 2045 or at least 1 year prior to the expiration of any such 10-year period of extended duration, this Supplemental Declaration is terminated by recorded instrument, directing termination, signed by all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XVIII AMENDMENT OR REVOCATION This Supplemental Declaration may be amended or revoked only (a) by Declarant so long as Declarant owns both Unit A and Unit B, or (b) upon unanimous written approval in recordable form of all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XIX ENFORCEMENT AND REMEDIES A. In the event of any unresolved controversy or dispute arising in any way out of this Supplemental Declaration, the Owners of the Units agree that such controversy or dispute shall be submitted to final and binding arbitration in the State of Colorado according to the rules and practices of the American Arbitration Association from time to time in effect. The prevailing party in any such arbitration proceeding shall be entitled to recover its costs and expenses in Party Wall Agreement Page 12 connection therewith, including reasonable attorney fees. Any award of such arbitration may be confirmed by the Court in accordance with the provisions of the Uniform Arbitration Act of 1975, C.R.S. 13-22-201, et seq., as amended. Notwithstanding the foregoing, either Owner, without first proceeding to arbitration, may bring an action in the District Court of Garfield County, Colorado, to foreclose any lien granted by the terms and conditions of this Supplemental Declaration. B. Failure to enforce any provision of this Supplemental Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision hereof. SECTION XX EXERCISE OF RIGHTS Any exercise of any rights granted under this Supplemental Declaration by one Owner with respect to the other Owner's Unit, including but not limited to the use of any easement granted, shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such other Owner's use of his or her Unit. SECTION XXI SUCCESSORS AND ASSIGNS Except as may otherwise be provided herein, this Supplemental Declaration shall be binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the heirs, personal representatives, successors and assigns of each. SECTION XXII SEVERABILITY Invalidity or unenforceability of any provisions of this Supplemental Declaration in whole or in part shall not affect the validity or enforceability of any other provision hereof. SECTION XXIII CAPTIONS The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Supplemental Declaration. 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-204-04-023 DATE: May 16, 2022 OWNER: 70 Elk Track LLC PRACTICAL LOCATION: ASPEN GLEN FLG 1 Lot: D-23 TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION Aspen Glen Filing 1, Lot D23 seeks to subdivide the lot to create a common lot line to separate an existing duplex on this parcel. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5 -305 (see attached flow chart and below outline). • Pre-Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Referrals are sent out (21-day review); • The request will be referred to the BOCC for a decisio n (BOCC decision is required by the PUD Guidelines). A date for the BOCC hearing will be set. =e; Garfield County 2 • Public Notice 15 days prior to the Director’s Determination to property owners within 200 feet and mineral rights owners on the subject property; • BOCC public hearing and decision; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat with the County Clerk and Recorder. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ▪ Application Form (both property owners need to sign the form.). ▪ Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (a title commitment for both properties may be necessary) ▪ Statement of Authority for LLC and Authorization, as necessary ▪ Fee Payment and Payment Agreement Form ▪ Pre-Application Conference Summary ▪ Names and addresses of all property owners within 200 feet of subject parcels (outside boundaries of Lot D18) and all mineral owners of the subject parcels. ▪ Vicinity Map ▪ Improvements Agreement (may be waived upon request) ▪ Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) ▪ Code, Covenants, Restrictions (needs to be referenced on the plat) ▪ Party Wall Agreement ▪ The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ___None (Director’s Decision) __ Planning Commission _X Board of County Commissioners (referral by the Community Development Director) __ Board of Adjustment c. Referral Agencies: May include Aspen Glen HOA, Garfield County Designated Engineer, County Surveyor. 3 Note: Additional copies of the complete application for the BOCC will be requested once the application is deemed Technically Complete. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 5/16/22 Glenn Hartmann, Principal Planner Date 4 ~ £ C: 0 E N 2:-., .; E ·;; e ti: <( e Garfield Cou11ty Amended Final Plat Review Process (Section 5 -305) Step 1 : Pre-application Conference •Applicant has 6 mont hs to submit application , Step 2 : Application Submittal Step 3: Completeness Review •10 busi ness days to review •If Incomple te, 60 days to remedy d e ficiencies Step 4 : Schedule Decision Date and Provide Notice •Ma iled to adjacent property owners within 200 feet and mineral owners at least 15 days p ri o r to decision date Step 5: Referral • 21 day co mm ent period Step 6: Evalution by Director Step 7 : Director's DO!cision •Call-up Period· wit h in 10 da ys of Director's Dec ision •Fi nal Plat must be s igned by the BOCC a nd be recorded wi th in 10 business days of approval. Party Wall Agreement Page 13 SECTION XXIV CONSTRUCTION When necessary for proper construction, the masculine of any word used in this Supplemental Declaration shall include the feminine or neuter gender, and the singular the plural, and vice versa. In Witness Whereof, Declarant has executed this Declaration on ___________________, 2022. DECLARANT 70 Elk Track LLC, a Colorado limited liability company By:_____________________________________________ Mogli Cooper, Manager STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing document was acknowledged before me this _____ day of ____________________, 2022 by Mogli Cooper as Manager of 70 Elk Track LLC, a Colorado limited liability company. Witness my hand and official seal. _____________________________________ NOTARY PUBLIC My commission expires: Address: