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HomeMy WebLinkAboutresolution.council.063-05 RESOLUTION NO. (Series of 2005) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "WAGAPJDETWEILER SUBDIVISION"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on July 20, 2005, owners of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 26th day of September, 2005, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the o~o~ day of ~ ~, 2005. s ,~an~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Kathryn S. K~/~, Clty Clerk JPW- saved: 8/16/2005-768-G:\john\word\resos\wag~r~letweiler-annl.doc Attachment A PETITION FOR ANNEXATION OF TERRITORY TO 'rilE CITY OF ASPEN THE UNDERSIGNED (hereinafter referred to as the 'Petitioners') hereby pet~ion the Cour~l of the Ck~y of Aspen, C~orado for the annexation of an area, to be referred to as approx~ate~y 6830 s.f- ( 0.16 ) acres, is more padicubMy descn'bed on Attachment 'A,' attached hereto. The Petitioners aUege: 1. That ~ ~ i and necessay tha such area be annexed to the Cily of Aspet. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not b.,ss than o~e-sbdh (1/6) of the pedrnetor of the area proposed to be 4. That a community of interest e)dsts between the ama proposed to be annexed and the Ch'y of Aspen. integrated with the City of Aspen. 7. That the Petitioners herein compd--~e more that fifty percent (50%) of the landowners in the ama and own mom than ~ty percent (50%) of the area to be annexed, exck~ng WHEREFORE, saki Pet~oners request that the Coundl of the C~y of Aspen approve the annexation of the area described on Attachment 'A,' ~gal descriptk)n of the land. The Pefilkxtem reserve the ~ight to a~thdra~ this petitian and their signatures the==;,um at any time prior to the commancement of the m~i c;di of the Cily Counc~ far the vole upon the second reading of the annexation ordinance. Individual PatJlk)nem s~rdng b'ds Pet~Jon represent that IJx.=y o~m the porlk)n(s) of the area described on Attachmen~ IN WITNESS WHEREOF, l/we have executed th~ Petition for Annexation this .~ day of ~--_~/~/~'~ ,2~.~-. Petj~e~s/Owner s Signature Rich Wagar Petitioner's/Owner's Printed Name 517 Park Circle Address Aspen, CO 81611 City, State, Zip Attachment A PETITION FOR ANNEXA'I'ION OF TERRITORY TO THE CITY OF ASPEN THE UNDERSIGNED (hereinafter referred to as the "Pel~onero') hereby pe~on ~ Council of the C~y of Aspen, Colorado for the annexation of an area, to he referred fe as the ~V~A,~/~/~-:'~/,C~ Annexation to the City of Aspen. Said area, consisting of/approximately C; ~_~ s. ~. (,/~ ) acres, is moro particularly described on Attachment 'A,' attached herot~. The Petitioners allege: 1. That it is desirable and necessary that such aroa he annexed to the City of Aspen. 2. That the roquiroments of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the aroa proposed to be annexed is contiguous with the boundaries of the City of Aspen. 4. That a community of interest exists between the area proposed to he annexed and the City of Aspen. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen. 7. That the Pefitionem herein comprise more that fifty perce~t (50%) of the I~ in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Aspen. WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the annexation of the area described on Altachment 'A,' legal descriplJon of the land. The Petitioners reserve the dght to withdraw this petition and their signatures therefrom at any time pdor to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition ropresent that they own the portion(s) of the area described on Attachment "A." IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this ,24? Petitioner's/Owner's Printed Name Address City, Stat~, Zip / day of AI'I'ACHHENI' D II Wagar, Detweiler/Burek PUD Vicinity Map (not to scale) 20 July 2005 Mr. John Worcester, City Attorney City of Aspen City Hall 130 S. Galena Street, 2aa Floor Aspen, Colorado 81611 STAN CLAUSON ASSOC1ATES~ LLC Planning · Urban Design Landscape Architecture Transportation Studies Project Management 200 E^sT MatN STaEET ASPEN, COLORADO 81611 TELEPHONE: 970.9252323 FAX: 9709201628 E-MAIL: in fo@scaplanning.com WEI~: w'ww scaplanning corn Re-' Requesl for/mae~alioa for Pared 3 to the ~l)diTi~iom of ~ Wagar/Ddwei~r properly, 517 Park Cirt4e Dear Mr. Worcester: On behalf of Rich Wager, along with Dirk Detweil~ ami Deborah Burek, I am writing to transmit a Petition for Annexation and request that the City of Aspen conduct the necessary reviews to provide for thc annexation of Mollie Gibson Park Parcel 3 to the Wagar/Detweiler Exempt Subdivision. The applicants have recently purchased this parcel from Pitkin County. It is currently located in Pitkin County and adjacent to Lot 1 of the Wagar/Detweiler Subdivision. This request is in conjunction with an al~01ieatinn submitted to the City of Aspen Community Development Depamnent for a Rezoning, Planned Unit Development Amendment, Subdivision and GMQS Exemption for Reconstruction of Demolished Units of this property at 517 Park Circle. A copy of the application is attached. I look forward to an opportunity to present this application, and I remain ready to answer any questions that you or the review authorities may have in regard to it. Start Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, [NC SC/ts Attachments: A. Petition for Annexation B. Affidavit of Circulator C. Title Insurance D. Annexation Map E. Application to the City of Aspen, 14 June 2005 PLANNrING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS ATTACHMENT "B" - AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF PITKIN The undersigned, being flint duly s~x)m upon his oath states: That he was the circulator of the attached PelflJon for Annexation and that each signature therein is the signature of the person whose name it purports to be. Circulator's Signature Subscribed and sworn to before me ti'ds .~O day of ~.~/~,~ ,2,~5- , by .~..Z. ~'".~.x-~.,~,') ~,e~,,.so,'~' WITNESS my hand and official seal. Commission Expiration Notary Public Attachment C ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3mFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-pcti@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy~sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment for Title Insurance FiddiO, National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof This Commitment shall be effective only when the identity of the Proposed lnsured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be s~gned in facsimile under authority of its by-laws on the date shown in Schedule A. Countersigned: Authorized Signature FORM 27-083-66 (I 0/03) ALTA COiViMITMENT - 1966 FIDELITY NATIONAL TITLE INSURANCE COMPANY P~esident CONDITIONS AND STIPULATIONS The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this comrmtment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, hen or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to ehminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the rifle to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 25, 2005 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposed Insured: DIRK DETVVEILER and DEBORAH J. BUREK and RICH WAGAR (b) ALTA Loan Policy-Form 1992 Amounts 0.00 PremiumS 0.00 Proposed Insured: Rate: Case No. PCT19553F Amounts 200,000.00 Premiums 372.00 Rate: Re-Issue (c) ALTA Loan Policy-Form 1992 Proposed Insured: Amounts Premiums 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: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A BODY CORPORATE AND POLITIC 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" PITIGN COUNTY 3TTLE, [NC. 601_ E. HOpKI~IS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 ToTI Free E-MAIL pcfi~sopris.net Schedule A-PG. 1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situate in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a No. 5 rebar and plastic cap L.S. 15710 at the Northwesterly corner of Lot 6, Bunny Park North Subdivision, City of Aspen, County of Pitkin, State of Colorado thence along a line described in Book 466 at Page 302 of the records of the Pitkin County Clerk and Recorder N 38°00'00" E a distance 40.37 feet; thence departing said line N 88°37'09" E a distance of 71.54 feet; thence-along a line 30 feet Westedy of and parallel with the constructed centerline of Park Circle 110.28 feet along the arc cfa curve to the right, having a radius of 247.89 feet, a central angle of 25°29'18" and subtending a chord bearing S 09°54'00" W a distance of 109.37 feet; thence N 46°16'14" W a distance of 107.35 feet to the POINT OF BEGINNING. SCHEDULE B - SECTION 1 REQI_FIREMENTS 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 flied for record to-wit: 3. 4. 5. Duly executed and acknowledged Deed, From : BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A BODY CORPORATE AND POLITIC To : DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR Duly certified copy of Resolution of the Board of County Commissioners of the County of Pitkin authorizing the sale. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 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 ether special taxing district. 7. The premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect, or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge as reserved in United States Patent recorded May 20, 1949 in Book 175 at Page 170. 8. Terms, conditions, provisions and obligations as set forth in Easement ,~kgreement recorded February 13, 1997 as Reception No. 401780. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT19553F SELLER: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A BODY CORPORATE AND POLITIC BUYER: DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee ct $ For a fee of: $ For a fee o[ $ For a fee of: $ For a fee of: $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien pedod as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) 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 wdting 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) la) The Subject Real Property may be located in a Special Taxing District; lb) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; lc) 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: la) 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 lb) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCT19553F PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-17661970-925-6527 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. 2020065129 REFERENCE:PCT19553F/DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: · Information we receive from you, such as your name, address, telephone number, or sodal secudty number; · Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restdct access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Fidelity National Financial Group of Companies' Privacy Statement July t, 2001 We recogni×e and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclused, will form the basis for a relationship of trust between ns and the public that we serve. This Privacy Statement provides that explanation. We reserve the fight to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: From applications or other forms we receive from you or your authorized representallve; From your transactions with, or from the services being performed by, us, our affiliates, or others; · From our intemet web sites; · From the pubhc records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and · From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maJmtain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our afffiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: · to agents, brokers or representatives to provide you with scrvicos you have requested; · to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and to others with whom we enter into joint marketing agreements for products or services that we believe you may f'md of interest. In addition, we wilt disclose your Personal Information when you direct or give us permission, when we are reqmred by law to do so, or when we suspect fraudulent or etiminal activities. We also may disclose your Persona1 Information when otherwise permitted by applicable privacy laws soeh as, for example, when disclosure is needed to enforce our rights arising ou~ of any agreement, transaction or relationship with you. One of the important responsibilities of some of our aff'thated companies is to record documents in the pubtie domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain sta~s afford you the fight to access your Personal Information and, under certain circumstances, to f'md out to whom your Personal Information has been disclosed. Also, certain states afford you the tight to request correction, amendment or deletion of your Personal Information. We reserve the fight, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one fineneial product or service, you may receive mom than one privacy notice from us. We apologize for any inconvenience this may cause you.