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HomeMy WebLinkAbout02_COMMON_DEVELOPMENT_REVIEW2.1Common Development Review Requirements common development review requirements section 2 2.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission 2.3Common Development Review Requirements Vicinity Map Common Development Review per 26.304.030.B4 2.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Letter of Authorization 2.5Common Development Review Requirements Bar Slash X Ranch and Stage Road PUD/ Subdivision Property Description A parcel of land situated in Sections 2 & 11, Township 10 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado. Said parcel of land being more particularly described as follows: Beginning at a point on the northeasterly Right- of-Way line of Colorado State Highway No. 82 (Project Number : 0821-051 Unit 1) said point being the northeasterly corner of parcel number 120, Project Code 12269 of the Colorado Department of Transportation, whence the 1/4 corner common to said Sections 2 & 11 bears N. 10°21’54” E., 708.68 feet being a found 1954 B.L.M. Brass Cap in place; thence along said northeasterly Highway Right-of-Way line N.60°10’52”W., a distance of 178.00 feet to a point on the boundary line of Golf Course Parcel A, as shown on the Final Plat and P.U.D. for Maroon Creek Club, recorded on Plat Book 33, Pages 4 through 15 of the Pitkin County Records; thence leaving said northeasterly right- of-way line along the boundary line of said Golf Course Parcel A the following nine (9) courses: 1) N.01°48’31”E., a distance of 915.83 feet; 2) N.35°31’27”W., a distance of 725.00 feet; 3) N.08°06’25”E., a distance of 762.37 feet; 4) S.88°59’33”W., a distance of 228.21 feet; 5) S.89°08’18”W., a distance of 156.94 feet; 6) S.88°56’55”W., a distance of 144.94 feet; 7) S.88°41’56”W., a distance of 136.14 feet; 8) S.89°42’25”W., a distance of 189.99 feet; 9) N.87°18’47”W., a distance of 5.97 feet to an existing fence line and fence line extended; thence following said fence line and fence line extended the following five (5) courses: 1) N.01°01’58”E., a distance of 203.59 feet; 2) N.02°02’27”E., a distance of 109.93 feet; 3) N.00°19’27”E., a distance of 298.14 feet; 4) N.00°41’53”W., a distance of 62.14 feet; 5) N.02°29’43”E., a distance of 13.40 feet, to a point on the northerly boundary of that property described in book 181 at page 320 of the Pitkin County records; thence leaving said fence line and fence line extended N.86°29’41”W., along said northerly boundary 6.05 feet; to the easterly boundary of Lot 1, Burlingame Ranch Subdivision recorded in Plat Book 50 at page 89 of the Pitkin County records; thence along said northerly boundary along the easterly boundary of said Lot 1, Burlingame Ranch the following seven (7) courses: 1) N.02°52’36”E., a distance of 165.48 feet; 2) N.00°30’26”W., a distance of 243.17 feet; 3) N.18°16’57”W., a distance of 80.12 feet; 4) N.22°43’41”W., a distance of 384.52 feet; 5) N.00°34’07”E., a distance of 57.52 feet; 6) N.03°02’50”E., a distance of 688.34 feet; 7) N.12°39’27”E., a distance of 105.85 feet, to a point on the Southerly boundary of parcel 2 Park Trust Exemption Map as recorded on plat book 10, page 5A of the Pitkin County Records; thence S.88°15’47”E., along the southerly boundary of said Parcel 2 a distance of 6.86 feet to a point on the boundary of that property described in the quick claim deed recorded as Reception No. 466499 of the Pitkin County records; thence along the boundary of said quick claim deed the following fifteen (15) courses: 1) N.13°50’57”E., a distance of 114.73 feet; 2) N.12°44’56”E., a distance of 284.79 feet; 3) N.12°34’48”E., a distance of 263.95 feet; 4) S.59°34’09”E., a distance of 69.27 feet; 5) 179.45 feet along the arc of a non-tangent curve to the right, having a radius of 1,000.00 feet, a central angle of 10°16’53”, (chord bears S.27°38’40”E. a distance of 179.21 feet; 6) S.07°11’09”E., a distance of 50.03 feet; 7) S.21°18’17”E., a distance of 44.53 feet; 8) S.05°31’10”W., a distance of 32.00 feet; 9) S.10°32’00”E., a distance of 45.00 feet; 10) 76.23 feet along the arc of a curve to the left having a radius of 40.00 feet, a central angle of 109°11’30”, (chord bears S.65°07’45”E. a distance of 65.21 feet); 11) S.25°20’41”E., a distance of 42.24 feet; 12) S.35°09’29”E., a distance of 43.07 feet; 13) S.20°30’32”E., a distance of 50.20 feet; 14) S.27°41’19”E., a distance of 17.40 feet; 15) S.04°08’52”W., a distance of 135.85 feet to a point on the northerly line of Government Lot 7, of said Section 2; thence S.88°15’48”E., along the northerly line of said Government lot 7 a distance of 1033.90 feet to a point on the West Bank of Maroon Creek as referenced in deed recorded in Book 166 at Page 481 of the Pitkin County Records, thence along said deed described above and being 25.00 feet westerly of and parallel to said West Bank of Maroon Creek the following sixty-one (61) courses: 1) S.47°16’56”E., a distance of 93.51 feet; 2) S.40°44’00”E., a distance of 99.92 feet; 3) S.43°12’00”E., a distance of 75.48 feet; Legal Description 2.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission 4) S.26°40’59”E., a distance of 51.42 feet; 5) S.29°29’19”E., a distance of 82.66 feet; 6) S.44°11’50”E., a distance of 78.16 feet; 7) S.70°00’04”E., a distance of 104.72 feet; 8) S.50°38’15”E., a distance of 27.37 feet; 9) S.01°16’48”E., a distance of 56.82 feet; 10) S.29°58’10”W., a distance of 34.56 feet; 11) S.76°08’32”W., a distance of 43.65 feet; 12) S.00°46’52”W., a distance of 118.50 feet; 13) S.24°51’14”E., a distance of 92.53 feet; 14) S.07°32’08”E., a distance of 36.99 feet; 15) S.52°15’52”E., a distance of 34.18 feet; 16) S.11°19’08”E., a distance of 79.45 feet; 17) S.40°07’51”E., a distance of 160.49 feet; 18) N.82°30’12”E., a distance of 92.23 feet; 19) N.66°41’51”E., a distance of 24.39 feet; 20) S.12°48’00”E., a distance of 170.52 feet; 21) S.06°11’13”W., a distance of 83.10 feet; 22) S.07°05’08”E., a distance of 34.83 feet; 23) S.00°01’32”W., a distance of 45.24 feet; 24) S.18°54’49”E., a distance of 72.69 feet; 25) S.10°58’43”E., a distance of 75.11 feet; 26) S.13°40’31”W., a distance of 47.18 feet; 27) S.04°17’31”E., a distance of 66.15 feet; 28) S.08°20’24”E., a distance of 136.42 feet; 29) S.04°29’56”W., a distance of 65.63 feet; 30) S.05°54’39”E., a distance of 34.46 feet; 31) S.20°50’18”W., a distance of 88.41 feet; 32) S.02°09’35”W., a distance of 28.08 feet; 33) S.53°23’59”W., a distance of 34.41 feet; 34) S.12°35’25”W., a distance of 60.60 feet; 35) S.15°11’24”W., a distance of 30.24 feet; 36) S.14°51’24”E., a distance of 30.10 feet; 37) S.30°36’56”E., a distance of 49.45 feet; 38) S.33°44’33”E., a distance of 31.40 feet; 39) S.25°57’56”E., a distance of 65.95 feet; 40) S.15°52’18”E., a distance of 72.55 feet; 41) S.07°20’49”W., a distance of 27.44 feet; 42) S.45°10’43”W., a distance of 20.69 feet; 43) S.32°45’51”W., a distance of 51.58 feet; 44) S.02°19’30”E., a distance of 36.47 feet; 45) S.08°50’53”W., a distance of 19.54 feet; 46) S.08°15’44”E., a distance of 25.11 feet; 47) S.13°20’02”E., a distance of 27.03 feet; 48) S.31°23’52”E., a distance of 113.34 feet; 49) S.00°17’56”E., a distance of 19.09 feet; 50) S.14°06’53”W., a distance of 60.96 feet; 51) S.11°55’16”E., a distance of 57.16 feet; 52) S.08°07’37”W., a distance of 5.56 feet; 53) N.39°20’13”W., a distance of 21.47 feet; 54) N.86°08’02”W., a distance of 47.08 feet; 55) S.53°19’46”W., a distance of 28.16 feet; 56) S.76°07’57”W., a distance of 36.92 feet; 57) S.12°43’14”W., a distance of 40.76 feet; 58) S.32°41’52”W., a distance of 99.52 feet; 59) S.01°29’59”E., a distance of 44.65 feet; 60) 233.57 feet along the arc of a non-tangent curve to the left, having a radius of 400.00 feet, a central angle of 33°27’25”, (chord bears S.03°31’23”E. a distance of 230.27 feet; 61) S.20°15’05”E., a distance of 63.49 feet to a point on the northerly line a parcel of land recorded in Book 228 at Page 590 of the Pitkin County records; thence N.89°07’44”W., along said northerly line a distance of 156.24 feet; thence leaving said northerly line along the perimeter of a strip of land, described in Book 166 at Page 481 the following nine (9) courses: 1) N.05°18’15”E., a distance of 234.07 feet; 2) N.06°23’45”W., a distance of 252.08 feet; 3) N.07°28’45”W., a distance of 150.60 feet; 4) N.01°14’15”E., a distance of 175.63 feet; 5) S.89°09’40”W., a distance of 30.02 feet; 6) S.01°14’15”W., a distance of 176.82 feet; 7) S.07°28’45”E., a distance of 152.60 feet; 8) S.06°23’45”E., a distance of 248.72 feet; 9) S.05°18’15”W., a distance of 233.33 feet to a point on the northerly line of said parcel of land recorded in Book 228 at Page 590; thence along the northerly and westerly lines of said parcel the following five (5) courses: 1) N.89°07’44”W., a distance of 143.39 feet; 2) S.06°13’16”W., a distance of 267.36 feet; 3) S.14°07’16”W., a distance of 112.67 feet; 4) S.11°25’16”W., a distance of 77.29 feet; 5) S.27°06’16”W., a distance of 125.08 feet to a point on the boundary of the 4th amended aspen golf course subdivision recorded on plat book 63 at pages 62 through 65 of the Pitkin County records; thence along the boundary of said 4th amended aspen golf course subdivision the following six (6) courses: 1) N.89°20’26”W., a distance of 3.41 feet; 2) S.21°09’56”W., a distance of 624.39 feet; 3) S.00°24’34”W., a distance of 158.79 feet; 4) S.00°59’34”W., a distance of 84.56 feet; 5) S.06°32’41”W., a distance of 164.07 feet; 6) S.25°03’34”W., a distance of 7.70 feet to the point of beginning; Said parcel of land containing 146.005 acres, more or less. County of Pitkin, State of Colorado 2.7Common Development Review Requirements Commonwealth a Landamerica Company ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: pitkincountytitle@starband.net Issued by Commonwealth Land Title Insurance Company Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 Title Commitment 2.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 26, 2004 at 8:00 AM Case No. PCT18008C3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: Tax Certificate: $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BAR/X RANCH LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Phone Provisions and Schedules 970-925-6527 FAX A and B are attached. 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: 2.9Common Development Review Requirements EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Located over portions of Sections 2 and 11, Township 10 South, Range 85 West of the 6th P.M., being described as follows: Beginning at a point on the Easterly right-of-way line of Colorado State Highway No. 82 (Project Number 0821-051 Unit 1) said point being the Northeasterly corner of Parcel No. 120, Project Code 12269 of the Colorado Department of Transportation, from whence the ¼ corner common to said Sections 2 and 11 bears N 10°25'20" E, 708.43 feet and is monumented by a 3-¼" Brass Cap on a 2" steel pipe in a mound of stones, stamped "U.S. Cadastral Survey Bureau of Land Management ¼ S2/S11 1954"; thence along said Easterly right-of-way line, N 60°10'52" W, 177.27 feet; thence leaving said Easterly right-of-way line, along the Easterly line of Golf Course Parcel "A", as shown on Final Plat and P.U.D. for Maroon Creek Club, recorded in Plat Book 33 at Pages 4 through 15, inclusive, of the Pitkin County records through the following courses: N 01°48'31" E, 915.89 feet; N 35°31'27" W, 724.96 feet; N 08°06'25" E, 762.33 feet to a point on the Southerly line of Stage Road, as shown on unrecorded survey for Joe Zoline prepared by Scarrow and Walker, Inc., dated February 18, 1991; thence along said Southerly line, S 89°14'52" W, 862.11 feet, to the Southerly prolongation of the existing fence line as referred to in Deed recorded in Book 351 at Page 144 of the Pitkin County records; thence along said fence line, its Southerly prolongation, and the Northerly continuation of the fence as it has been hereinabove described, through the following courses: N 01°01'58" E, 202.09 feet; N 02°02'27" E, 109.93 feet; N 00°19'27" E, 298.14 feet; N 00°41'53" W, 62.14 feet; N 02°29'43" E, 176.65 feet; N 00°11'54" W, 242.47 feet; N 19°20'26" W, 106.07 feet; N 24°36'44" W, 52.44 feet; N 22°11'10" W, 127.60 feet; N 20°48'24" W, 89.09 feet; N 25°29'10" W, 58.92 feet; N 17°10'46" W, 24. 94 feet; N 06°17'20" W, 40.52 feet; N 01°19'25" E, 120.96 feet; N 02°53'04" E, 185.29 feet; N 03°35'27" E, 202.25 feet; N 03°56'25" E, 196.99 feet; N 11°41'31" E, 113.32 feet; N 13°50'57" E, 0.34 feet to said fence's intersection with the Northerly line of Lots 6 & 7 of said Section 2; thence along said Northerly line, S 88°15'48" E, 1470.20 feet to an intersection with a line which is parallel to and 25.00 feet Westerly of, when measured at right angles, to the West Bank of Maroon Creek, per deed filed in Book 166 at Page 481, said Pitkin County records; thence along said parallel line through the following courses: S 47°16'56" E, 93.51 feet; S 40°44'00" E, 99.92 feet; S 43°12'00" E, 75.48 feet; S 26°40'59" E, 51.42 feet; S 29°29'19" E, 82.66 feet; S 44°11'50" E, 78.16 feet; S 70°00'04" E, 104.72 feet; S 50°38'15" E, 27.37 feet; S 01°16'48" E, 56.82 feet; S 29°58'10" W, 34.56 feet; S 76°08'32" W, 43.65 feet; 2.10 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission S 00°13'15" E, 150.65 feet; S 01°04'50" W, 84.63 feet; S 07°20'14" W, 166.04 feet; and S 24°59'36" W, 5.56 feet to the point of beginning. EXCEPTING THEREFROM a strip of land 30.00 feet in width, as defined in Deed recorded in Book 166 at Page 481, said Pitkin County records, and repositioned by virtue of survey, lying 15.00 feet on either side of the following described line: Beginning at hereinabove described Point "A"; thence N 07°50'30" E, 233.70 feet; thence N 03°51'30" W, 250.40 feet; thence N 04°56'30" W, 151.60 feet; thence N 03°46'30" E, 233.40 feet; thence N 77°22'30" W, 30.90 feet; thence S 31°37'30" W, 38.00 feet; thence S 81°37'30" W, 109.00 feet to the terminus of said strip. PARCEL 2: Located over a portion of Section 2, Township 10 South, Range 85 West of the 6th P.M., being described as follows: Beginning at the Southeast corner of Lot 5, said Section 2; thence along the South line of said Lot 5, North 88°15'48" W, 436.30 feet to said South line's intersection with the Northerly continuation of the existing fence line as referred to in Deed recorded in Book 351 at Page 144 of the Pitkin County records; thence along said fence line through the following courses: N 13°50'57" E, 114.50 feet; N 12°44'56" E, 284.79 feet; N 12°34'48" E, 263.95 feet to the top of a steep slope above the Roaring Fork River; thence leaving said fence line, along said top of slope through the following courses: S 59°34'09" E, 69.27 feet to a point on a non-tangent, 1000.00 foot radius curve concave Southwest, a radial line to said point bears N 57°12'53" E; Southeasterly along said curve, through a central angle of 10°16'53" a length of 179.45 feet; S 07°11'09" E, 50.03 feet; S 21°18'17" E, 44.53 feet; S 05°31'10" W, 32.00 feet; S 10°32'00" E, 45.00 feet to the point of beginning of a tangent 40.00 foot radius curve concave Northeast; Southerly, Southeasterly, Easterly and Northeasterly along said curve, through a central angle of 109°11'30" a length of 76.23 feet, S 25°20'41" E, 42.24 feet; S 35°09'29" E 43.07 feet; S 20°30'32" E, 50.20 feet; and S 27°41'19" E, 17.40 feet to said top of slope's intersection with the East line of said Lot 5; thence along said East line, S 04°08'52" W, 135.85 feet to the point of beginning. EXCEPTING THEREFROM that certain parcel of land 30 feet in width, 15 feet on each side of a centerline as described in Deed recorded in Book 166 at Page 431. 2.11Common Development Review Requirements S 00°46'52" W, 118.50 feet; S 24°51'14" E, 92.53 feet; S 07°32'08" E, 36.99 feet; S 52°15'52" E, 34.18 feet; S 11°19'08" E, 79.45 feet; S 40°07'51" E, 160.49 feet; N 82°30'12" E, 92.23 feet; N 66°41'51" E, 24.39 feet; S 12°48'00" E, 170.52 feet; S 06°11'13" W, 83.10 feet; S 07°05'08" E, 34.83 feet; S 00°01'32" W, 45.24 feet; S 18°54'49" E, 72.69 feet; S 10°58'43" E, 75.11 feet; S 13°40'31" W, 47.18 feet; S 04°17'31" E, 66.15 feet; S 08°20'24" E, 136.42 feet; S 04°29'56" W, 65.63 feet; S 05°54'39" E, 34.46 feet; S 20°50'18" W, 88.41 feet; S 02°09'35" W, 28.08 feet; S 53°23'59" W, 34.41 feet; S 12°35'25" W, 60.60 feet; S 15°11'24" W, 30.24 feet; S 14°51'24" E, 30.10 feet; S 30°36'56" E, 49.45 feet; S 33°44'33" E, 31.40 feet; S 25°57'56" E, 65.95 feet; S 15°52'18" E, 72.55 feet; S 07°20'49" W, 27.44 feet; S 45°10'43" W, 20.69 feet; S 32°45'51" W, 51.58 feet; S 02°19'30" E, 36.47 feet; S 08°50'53" W, 19.54 feet; S 08°15'44" E, 25.11 feet; S 13°20'02" E, 27.03 feet; S 31°23'52" E, 113.34 feet; S 00°17'56" E, 19.09 feet; S 14°06'53" W, 60.96 feet; S 11°55'16" E, 57.16 feet; S 08°07'37" W, 5.56 feet; N 39°20'13" W, 21.47 feet; N 86°08'02" W, 47.08 feet; S 53°19'46" W, 28.16 feet; S 76°07'57" W, 36.92 feet; S 12°43'14" W, 40.76 feet; S 32°41'52" W, 99.52 feet; S 01°29'59" E, 44.65 feet to a point on a non-tangent, 400.00 foot radius curve concave East, a radial line of said point bears S 76°47'40" E; Southerly along said curve, through a central angle of 33°27'25" a length of 233.57 feet; tangent to said curve, S 20°15'05" E, 63.87 feet to a point on the Northerly line of that certain parcel of land described in Book 228 at Page 590, said Pitkin County records; thence along said Northerly line, and the Westerly line of said certain parcel, through the following courses: N 88°47'53" W, 186.92 feet, to a point hereinafter referred to as Point "A"; thence continuing along said line, N 88°47'53" W, 142.88 feet; S 06°25'57" W, 295.40 feet; S 17°18'06" W, 66.38 feet; S 11°15'16" W, 94.16 feet; and S 26°52'06" W, 124.91 feet to a point on the Northerly line of Lot 27 of said Section 2, said point also being the Northeast corner of that certain parcel of land described in deed recorded in Book 335 at Page 468, said Pitkin County records; thence along the East line of last said certain parcel S 21°16'53" W, 636.61 feet to a point on the Westerly line of Lot 1, Golf Course Subdivision, per Plat filed in Book 17 at Page 35, said Pitkin County records; thence along said Westerly line through the following courses: 2.12 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. 2.13Common Development Review Requirements SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following 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, 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. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. 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/or right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded October 27, 1892 in Book 55 at Page 31, August 11, 1909 in Book 55 at Pages 172 and 173 and June 16, 1947 in Book 171 at Page 290. 8. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right at any time to enter upon the land and prospect for, mine and remove the same, as reserved in United States Patents recorded December 10, 1952 in Book 180 at Page 87 and September 19, 1953 in Book 180 at Page 187. 9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instruments recorded January 11, 1966 in Book 218 at Page 100 and August 11, 1969 in Book 242 at Page 634. 10. Easement granted to Aspen Metropolitan Sanitation District in instruments recorded December 1, 1969 in Book 244 at Pages 740, 742 and 744. 11. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument recorded June 11, 1973 in Book 276 at Page 686. 12. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded September 28, 1977 in Book 335 at Page 732. 13. Terms, conditions, provisions and obligations as set forth in Corrected Conservation Easements recorded September 25, 1990 in Book 536 at Page 993, September 25, 1990 in Book 536 at Page 997, August 12, 1987 in Book 543 at Page 664 and August 12, 1987 in Book 543 at Page 668. 14. Terms, conditions, provisions and obligations as set forth in Agreements recorded November 15, 1993 in Book 730 at Page 957, November 15, 1993 in Book 731 at Page 27 and Settlement Agreement recorded March 26, 1999 as Reception No. 429230. (Continued) 2.14 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Easements and rights of way for existing ditches and laterals. 16. Easement and right of way for what is know as Stage Road as constructed and existing in place. 2.15Common Development Review Requirements ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (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 form the County treasurer of the County Treasurer's Authorized Agent; (c) 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. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There 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 owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT18008C3 A and B are attached. 2.16 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020048062 REFERENCE:PCT18008C3/ 2.17Common Development Review Requirements Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family – Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company – may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages:Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services:LandAmerica OneStop, Inc. Form 3391-6 (May 2001) 2.18 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Form 3391-6 (May 2001)