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HomeMy Public PortalAboutPCP 2022-01-26Planning Commission Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 26, 2022 6:30 PM - 9:00 PM NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799 Roll Call Approval Of Agenda Consent Agenda PCM 2021 -10 -27 PCM 2021 -10 -27.Pdf Sign In Sheet October 27, 2021.Pdf Public Hearing And Possible Action Discussion And Possible Action Regarding Waldron Minor Subdivision - Final Plat & Conditional Use Permit Planner Briefing - Waldron Conditional Use Permit.pdf Waldron Narrative.pdf Waldron Minor Subdivision Plat.pdf Buildable Area Lot 4A -Waldron.pdf PC Resolution 2022 -01 -01 Waldron Minor Subdivision And CUP.pdf Land Use Application.pdf Mineral Estate Notice.pdf Other Business Open Forum Future Agenda Items Adjourn UPCOMING MEETING WED. FEBRUARY 23, 2022 PLANNING COMMISSION https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg https://us02web.zoom.us/j/2590408013 1. 2. 3. a. Documents: 4. 5. a. Documents: 6. 7. 8. 9. Planning CommissionRegular Meeting AgendaFraser Town Hall, 153 Fraser Avenue and VirtuallyWednesday January 26, 20226:30 PM - 9:00 PMNOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaConsent AgendaPCM 2021 -10 -27PCM 2021 -10 -27.PdfSign In Sheet October 27, 2021.PdfPublic Hearing And Possible ActionDiscussion And Possible Action RegardingWaldron Minor Subdivision - Final Plat & Conditional Use PermitPlanner Briefing - Waldron Conditional Use Permit.pdfWaldron Narrative.pdfWaldron Minor Subdivision Plat.pdfBuildable Area Lot 4A -Waldron.pdfPC Resolution 2022 -01 -01 Waldron Minor Subdivision And CUP.pdf Land Use Application.pdf Mineral Estate Notice.pdf Other Business Open Forum Future Agenda Items Adjourn UPCOMING MEETING WED. FEBRUARY 23, 2022 PLANNING COMMISSION https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSghttps://us02web.zoom.us/j/25904080131.2.3.a.Documents:4.5.a.Documents: 6. 7. 8. 9. FRASER PLANNING COMMISSION MINUTES DATE:Wednesday, October 27, 2021 MEETING:Planning Commission Regular Meeting PLACE:Fraser Town Hall and Virtual On-Line Meeting PRESENT Commission:Commissioners: Vice Chair Katie Soles, Philip Vandernail, Margaret Bowles, Parnell Quinn (arrived at 6:33), Bob Gnuse and Sam Brewer Staff:Town Planner, Catherine Trotter; Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh and Assistant Town Manager, Michael Brack, Marketing and Communications Manager Sarah Weick; Police Chief, Glen Trainor Others: Vice Chair Katie Soles called the meeting to order at 6:30 p.m. 1.Roll Call: Vice Chair Katie Soles, Philip Vandernail, Margaret Bowles, Bob Gnuse and Sam Brewer. Parnell Quinn arrived at 6:33 PM. 2.Approval of Agenda: Commissioner Vandernail moved, and Commissioner Gnuse seconded the motion to approve the agenda. Motion carried: 5-0. 3.Consent Agenda: a.Minutes September 22, 2021 b.Resolution 2021-10-02 Three Mile Plan Commissioner Vandernail moved, and Commissioner Gnuse seconded the motion to approve the Minutes from September 22, 2021 and Resolution 2021-10-02 Three Mile Plan. Motion carried: 5-0. Vice Chair Soles cited the Civility Policy. 4.Public Hearing and Possible Action: a.Amended Final Plan and Preliminary Plat, The Willows Apartments Commissioner Quinn moved, and Commissioner Vandernail seconded the motion to open the Public Hearing regarding Amended Final Plan and Preliminary Plat, The Willows Apartments. Motion carried: 6-0. Notice of publication in the newspaper was presented in the packet. The applicant provided notice of the public hearing to the adjacent property owners. Page 2 of 2 This subdivision application is being processed as a Major Subdivision in accordance with Section 17-5-10 of the Fraser Municipal Code. The purpose of a major subdivision plat is to divide one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5) or more dwelling units. According to the project narrative, the applicant is proposing a 204 unit for-rent multi- family residential community to be constructed in two phases near Old Victory Road and American Willow Drive. Phase 1 includes 132 for-rent multi-family units and a clubhouse and Phase 2 includes 72 for-rent multi-family units. Layla Rosales, Grand Park Planner, Scott Albertson, Grand Park Attorney and Clark Lipscomb presented to the Planning Commission and answered questions. Commissioner Gnuse recused himself from the vote due to a perceived conflict of interest. He produced a record that was filed with the Colorado Secretary of State that disclosed that he does not have a financial conflict of interest. Public comment received via email from Joseph Landen, Jeffery Cabot, Jake Schlesinger, Andrea Schumacher, Andy Richards, Carrie Flynn and Brett Johnson; these were read into the record. Public comment was taken from Cray Healey, Andrea Schumacher, Peggy Smith and Patrick Sheets. Commissioner Bowles moved, and Commissioner Quinn seconded the motion to push the application up to the Town Board without any additional approval or denial. Motion carried: 3-1 Nay Brewer and Gnuse recused himself. 5.Discussion and Possible Action Regarding: N/A 6. Other Business: 7.Open Forum: N/A 8.Future Agenda Items: N/A 9. Adjourn: Commissioner Vandernail moved, and Commissioner Quinn seconded the motion to adjourn. Motion carried 6-0: Meeting adjourned at 8:59 p.m. __________________________ Antoinette McVeigh, Town Clerk PLANNING COMMISSION REGULAR MEETING REGISTRATION SHEET October 27, 2021 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Planning Commission. Those wishing to address the Planning Commission will be allowed a five-minute presentation. A maximum of six (6) people will be allowed to address the Planning Commission at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Planning Commission Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin, political affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board. • Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Planning Commission meetings must sign in to ensure accurate records and minutes. Sign your name, address, and topic of discussion on the sign in sheet. Thank you for your cooperation. NAME PHYSICAL ADDRESS Email IJ 1N'- c -C, V -010X,3 yy iN.c-,- � Y t- � 51�GO iiad,-0/O A-0;1Ii611 .G < ,, -J�c % /7 C Cn�,5(2 0k 4�.vs A 4/'-' ' ,c,"(1/11Vk, 4-•€--E-1-5 5 137halkerl4 el- 5 kee--1-5 oeetick e 4.071144i x comi ,./-_,I.761,-)-/ Li'‹61,y, 6f,,;ti % at t �./ / mil ti 'Vo c16 Cwtvvi VaIA- Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO:Chairperson Wolter and Planning Commissioners FROM:Catherine E. Trotter, AICP, Town Planner DATE:January 20, 2022 SUBJECT:Minor Subdivision – Final Plat & Conditional Use Permit MATTER BEFORE THE PLANNING COMMISSION: We are in receipt of a Minor Subdivision Final Plat and Conditional Use Permit (CUP) for Waldron Minor Subdivision. A CUP public hearing has been scheduled at Town Board on February 16, 2022. ACTION REQUESTED/EXECUTIVE SUMMARY: A motion to recommend approval of the Minor Subdivision Final Plat and Conditional Use Permit. BACKGROUND: Marian Waldron is the current owner of Lot 4, Block 2, Byers Vista Subdivision, Reception # 93956. The property address is 401 Norgren Road. Marian Waldron is requesting approval of a minor subdivision final plat and a conditional use permit. The applicant is proposing to subdivide 401 Norgren Road into two lots. See Waldron Minor Subdivision plat. Lot 4A will be used for a future single family dwelling unit. Lot 4B has an existing single family dwelling unit. See vicinity and aerial maps below: Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com This application is being processed as a minor subdivision in accordance with Section 19-3-215 of the Fraser Municipal Code. The purpose and scope of a minor subdivision is that the resulting subdivision will create a total of not more than four (4) lots or four (4) dwelling units and no public improvements need to be constructed or extended to serve the subdivision. Per the Land Development Code, Town Staff has discretion to review and render a decision on a minor subdivision application. The Town Staff shall approve, approve with conditions, or deny the minor subdivision application within thirty (30) days of determination that the application is complete. This application is also being processed as a conditional use in accordance with Section 19-2-270 (d) of the Fraser Municipal Code. This section of the code allows for reduced lot size, width, setback and/or floor area for a residential dwelling as a conditional use, subject to the following provisions: 1 . T h e m i n i m u m l o t a r e a m a y b e r e d u c e d t o t w o t h o u s a n d f i v e h u n d r e d ( 2 , 1 7 8 ) s q u a r e f e e t , w i t h a m i n i m u m l o t w i d t h o f t w e n t y ( 2 0 ) f e e t , a n d a m i n i m u m s i d e y a r d o f f i v e ( 5 ) f e e t . 2 . T h e m i n i m u m f l o o r a r e a o f t h e p r i n c i p a l s t r u c t u r e m a y b e r e d u c e d t o t w o h u n d r e d ( 2 0 0 ) f e e t . 3 . N o a c c e s s o r y d w e l l i n g u n i t ( A D U ) s h a l l b e a l l o w e d o n t h e s a m e l o t . The CUP review process requires a recommendation from Planning Commission and a public hearing at the Town Board. See Waldron Minor Subdivision plat. The current lot size of “Lot 4B” is 9213 SF and is zoned Low Density Multi-Family Residential (LDMF). LDMF allows for low density residential neighborhoods that accommodate single-family and certain multi-family Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com dwellings, parks, low-impact community facilities, where not more than four (4) dwelling units are desired within a building or on a single parcel of land. The applicant is proposing to split Lot 4 into two lots. Lot 4B meets the criteria for a stand-alone lot in the LDMF zoning district. The zoning district standards require a minimum lot area of 6000 SF for a single-family detached dwelling and 3000 SF per dwelling for a single-family attached or multiple-family dwelling and a minimum lot width of 50’. Lot 4A is 4612 SF with a lot width of 44.78’. As stated above, Section 19-2-270 (d) of the Fraser Municipal Code allows that reduced lot size, width, setback and/or floor area for a residential dwelling may be permitted via a conditional use process in accordance with Section 19-2-120, entitled Conditional use permits, subject to the following provisions: 1 . T h e m i n i m u m l o t a r e a m a y b e r e d u c e d t o t w o t h o u s a n d f i v e h u n d r e d ( 2 , 1 7 8 ) s q u a r e f e e t , w i t h a m i n i m u m l o t w i d t h o f t w e n t y ( 2 0 ) f e e t , a n d a m i n i m u m s i d e y a r d o f f i v e ( 5 ) f e e t . 2 . T h e m i n i m u m f l o o r a r e a o f t h e p r i n c i p a l s t r u c t u r e m a y b e r e d u c e d t o t w o h u n d r e d ( 2 0 0 ) f e e t . 3 . N o a c c e s s o r y d w e l l i n g u n i t ( A D U ) s h a l l b e a l l o w e d o n t h e s a m e l o t . Lot 4A meets the provisions delineated above. Lot 4A has a minimum lot area of 4612 SF and a minimum lot width of +/- 44’ The proposed buildable area of Lot 4A is 2000 SF. See Building Area Lot 4A exhibit. The narrative suggests that the proposed single-family dwelling on Lot 4A will be 1496 SF with a 440 SF two-car garage, 3 bedrooms, 3 bathrooms and will be a 2-story home. The proposed building footprint is 22’ X 44’ or approximately 968 SF. Building height is 35’. No ADU shall be allowed on Lot 4A per Code. B e c a u s e o f t h e i r s p e c i a l o r u n u s u a l c h a r a c t e r i s t i c s , c o n d i t i o n a l u s e s r e q u i r e r e v i e w a n d e v a l u a t i o n s o t h a t t h e y m a y b e l o c a t e d p r o p e r l y w i t h r e s p e c t t o t h e i r e f f e c t s o n s u r r o u n d i n g p r o p e r t i e s . B e f o r e a c t i n g o n a c o n d i t i o n a l u s e p e r m i t , t h e P l a n n i n g C o m m i s s i o n a n d B o a r d o f T r u s t e e s s h a l l c o n s i d e r t h e f o l l o w i n g f a c t o r s i n r e g a r d t o t h e p r o p o s e d u s e :  T h a t t h e p r o p o s e d c o n d i t i o n a l u s e i s c o m p a t i b l e w i t h a d j a c e n t u s e s a n d a d j a c e n t z o n e d i s t r i c t s , a s a p p l i c a b l e , i n c l u d i n g t h e p o t e n t i a l t r a f f i c g e n e r a t i o n , n o i s e , l i g h t i n g i m p a c t s , p a r k i n g r e q u i r e m e n t s a n d g e n e r a l e f f e c t s o n s u c h a d j a c e n t u s e s a n d p r o p e r t i e s ;  T h a t t h e c o n d i t i o n a l u s e m e e t s a l l e x i s t i n g c r i t e r i a f o r m i n i m u m l o t a r e a , s e t b a c k s , m a x i m u m b u i l d i n g h e i g h t , p e r m i t t e d s i g n s a n d p a r k i n g ;  T h a t t h e c o n d i t i o n a l u s e w i l l n o t c h a n g e t h e p r e d o m i n a n t c h a r a c t e r o f t h e n e i g h b o r h o o d , i n c l u d i n g t h e s c a l e a n d b u l k o f t h e p r o p o s e d u s e i n r e l a t i o n t o s u r r o u n d i n g u s e s a n d n e i g h b o r h o o d s ;  T h a t c o n d i t i o n a l u s e w i l l n o t o v e r b u r d e n t h e c a p a c i t i e s o f t h e e x i s t i n g s t r e e t s o r u t i l i t i e s , p a r k s , s c h o o l s a n d o t h e r p u b l i c f a c i l i t i e s a n d s e r v i c e s ; Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com  T h a t t h e r e w i l l n o t b e a n u n a c c e p t a b l e e f f e c t o f t h e u s e o n l i g h t a n d a i r , d i s t r i b u t i o n o f p o p u l a t i o n , t r a n s p o r t a t i o n f a c i l i t i e s , u t i l i t i e s , s c h o o l s , p a r k s a n d r e c r e a t i o n f a c i l i t i e s a n d o t h e r p u b l i c f a c i l i t i e s a n d p u b l i c f a c i l i t y ' s n e e d s ;  T h a t t h e r e w i l l n o t b e a n u n a c c e p t a b l e e f f e c t u p o n t r a f f i c , w i t h p a r t i c u l a r r e f e r e n c e t o c o n g e s t i o n , a u t o m o t i v e a n d p e d e s t r i a n s a f e t y a n d c o n v e n i e n c e , t r a f f i c f l o w a n d c o n t r o l , a c c e s s , m a n e u v e r a b i l i t y a n d r e m o v a l o f s n o w f r o m t h e s t r e e t s a n d p a r k i n g a r e a s ;  T h a t t h e p r o p o s e d c o n d i t i o n a l u s e d o e s n o t c o n t r i b u t e t o u n d e r v a l u e d u s e o f p r o p e r t y ;  T h a t t h e p r o p o s e d c o n d i t i o n a l u s e c o n f o r m s w i t h t h e C o m p r e h e n s i v e P l a n ; a n d  T h a t t h e r e i s a h i s t o r y o f c o m p l i a n c e b y t h e a p p l i c a n t a n d / o r p r o p e r t y o w n e r w i t h r e q u i r e m e n t s o f t h i s C h a p t e r , t h i s C o d e , a n d a n y p r i o r c o n d i t i o n s , r e g a r d i n g t h e s u b j e c t p r o p e r t y . P l e a s e r e v i e w t h e n a r r a t i v e s u b m i t t e d b y t h e a p p l i c a n t i n t h e i r l a n d u s e a p p l i c a t i o n w h i c h d e s c r i b e s t h e a b o v e f a c t o r s r e l a t i v e t o t h e d e v e l o p m e n t p r o p o s a l . RECOMMENDATION: Motion to recommend approval the Waldron Minor Subdivision and the Conditional Use Permit with the following conditions: 1.Add the following plat note: No Accessory Dwelling Unit shall be allowed on Lot 4A. 2.Add Final Plat to the plat title. This application will be forwarded to the Fraser Town Board, where after the close of the public hearing, the Board of Trustees may approve, approve with conditions, or deny the proposed conditional use. Should you have any questions or need additional information regarding this matter, please contact me. TO: Fraser Planning Commission FROM: Marian A Waldron DATE: January 26, 2022 RE: Proposal to do a Minor Subdivision on 401 Norgren Road, Fraser, Co 80442 I am proposing to subdivide 401 Norgren Road with a legal address Byers Vista, Lot 4, Block 2 into 2 Tots (4-A and 4-B) for a future single-family home with a 2 car attached garage on the newly divided lot (4-A) and requesting approval of a Minor Subdivision with a Conditional Use Permit. The current lot is .32 acres (13,939 SQ FT) with a single family home and a 2 car detached garage and is zoned Low Density Multi Family LDMF...see below. THE FRASER MUNICIPAL CODE PERMITS THE CREATION OF REDUCED LOT SIZE, WIDTH, SETBACKS AND/OR FLOOR AREA UNDER THE CONDITIONAL USE PROCESS. SUBJECT TO THE FOLLOWING PROVISIONS. (1) THE MINIMUM LOT AREA MAY BE REDUCED TO TWENTY ONE HUNDRED AND SEVENTY EIGHT (2178) [FEET], WITH A MINIMUM LOT WIDTH OF TWENTY (20) FEET AND A MINIMUM SIDE YARD OF FIVE (5) FEET. (2) THE MINIMUM FLOOR AREA OF THE PRINCIPAL STRUCTURE MAY BE REDUCED TO TWO HUNDRED (200) SQUARE FEET. 4. THE SUBJECT PROPERTY IS CURRENTLY ZONED TOWN OF FRASER LOW DENSITY MULTI -FAMILY RESIDENTIAL (LDMF) DISTRICT. SAID ZONING CONSIST OF THE FOLLOWING SETBACKS: MINIMUM FRONT YARD = 20' MINIMUM SIDE YARD = 5' MINIMUM REAR YARD = 10'. The proposed single-family home on Lot 4-A, Block 2, Buyers Vista will be approximately 1496 finished SF with a 440 two car garage, 3 bedrooms, 3 bathrooms and will be a 2 story home. The building footprint will be approximately 22 ft by 44 ft and will meet the existing criteria for the minimum lot area, setbacks, maximum building height, permitted signs and parking. Lot 4A will meet all Subdivision Requirements with the Conditional Use Building Code requirements as it pertains to the Fraser Municipal Code. The conditional use for Lot 4-A will not change the predominant character of the neighborhood...there are currently single family and multi -family residences in the area and on all sides of this property. The proposed future dwelling will fit in nicely to Old Town Fraser and will create additional inventory and revenue for the town. The singly family home will meet or exceed the current parking requirements. The property is walking distance to the Fraser Elementary School, the Fraser Library and the Fraser Town Hall and can bring much needed inventory for locals to the area which will be a added bonus and not a detriment to the town. Both lots will share a driveway so no added congestion or traffic flow. The proposed future house will add value to the area and conforms with Fraser's Comprehensive Plan. Sincerely, Marian A Waldron LOT 2 BLOCK 2 LOT1, BLOCK 2 LOT 3B BLOCK 2 REC. NO. 2006003387 MUSE DR. 50' ROW REC. NO. 93956 NORGREN ROAD 50' ROW REC. NO. 93956 LOT 3A BLOCK 2 REC. NO. 2006003387 W W W W W W 19 G C R 8 0 4 W A P I T I D R FERRET LN ERMINE LN MINK LN WOLVERINE LN BADGER LN GCR 8 M E A D O W M I L E LO O K I N G G L A S S L N US H I G H W A Y 4 0 C R A M N E R A V GCR 803 GC R 8 0 3 GC R 8 0 3 G C R 8 0 3 GCR 850 GC R 8 5 0 G C R 8 3 4 BYERS AV PARK AV MU S E D R CA R R I A G E R D BYERS AV EISENHOWER DR FRASER AV EASTOM AV PARK AV U S H I G H W A Y 4 0 GCR 8 U S H I G H W A Y 4 0 GCR 73 W A P I T I D R WA P I T I D R Q U A I L D R FO X L N W A T E R S I D E D R S W A P I T I D R W I L L O W L N GC R 8 0 4 DO C S U S I E A V GC R 7 2 1 C L A Y T O N C T W A P I T I L N L O I S L N P A R K P L P A R K P L PARK PL MILL AV NO R G R E N R D GCR 5GCR 5 FRASER AV EASTOM AV W A T E R S I D E C T TOWN OF FRASER F r a s e r R i v e r St. L o u i s C r e e k WALDRON MINOR SUBDIVISION BEING A SUBDIVISION OF LOT 4, BLOCK 2, BYERS VISTA SUBDIVISION, RECEPTION NO. 93956 SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO OWNERSHIP VESTED IN WARRANTY DEED, RECEPTION NO. 2002009299 #401 NORGREN ROAD WALDRON MINOR SUBDIVISION S19, T1 S, R75W, 6TH P.M. TOWN OF FRASER, GRAND COUNTY, COLORADO #401 NORGREN ROAD SITE 10' REAR ;ETBAC MH W014 10' WIDE SEWER EASEMENT PER THIS PLA T (SEE NOTE 6) 5' SIDE SETBACK 7' cinp XISTING SHED N 89°37'55" W 102.04' MEAS 102.08' (PLAT) LOT 4A BLOCK 2 4,612 SF, 0.11 ACRES BUILDABLE AREA 2,000 SF N 89°58'00" E 102.31' MEAS 5' SIDE 10' UTILITY EASEMENT SETBACK REC. NO. 93956 ---�� RECIPROCAL DRIVEWAY ,' EASEMENT 5 PER THIS PLAT ACDU AI T DD /t1AlAV 20' FRONT SETBACK O O z 10' WIDE SEWS PER THIS PLA (SEE NOTE 5) TOWN OF FRASER RESOLUTION NO. 2022-01-01 A RESOLUTION RECOMMENDING APPROVAL OF THE MINOR SUBDIVISION, FINAL PLAT AND CONDITIONAL USE PERMIT FOR WALDRON MINOR SUBDIVISION, BEING A SUBDIVISION OF LOT 4, BLOCK 2, BYERS VISTA SUBDIVISION, RECEPTION NO. 93956, SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO WHEREAS, at a regular meeting of the Fraser Planning Commission held on January 26 2022, Marian Waldron was present, requesting a recommendation of approval for a Minor Subdivision Final Plat and Conditional Use Permit for Waldron Minor Subdivision; and WHEREAS, Marian Waldron is the current owner of said property; and WHEREAS, the owner is proposing to subdivide and replat Lot 4 into two lots; and WHEREAS, the application is also being processed as a Conditional Use in accordance with Section 19-2-270 (d) of the Fraser Municipal Code, which allows for reduced lot size, width, setback and/or floor area for a residential dwelling subject to certain provisions; and WHEREAS, the Planning Commission has determined that this use complies with the necessary criteria specified in the Code; and WHEREAS, the Planning Commission has considered other factors in regard to the proposed use and has determined that such use fits in well with the existing land uses in the immediate vicinity and will not have a negative impact on the neighborhood. WHEREAS, the Fraser Planning Commission recommends approval of the Minor Subdivision, Final Plat and a Conditional Use Permit for the Waldron Minor Subdivision with the following conditions: 1.Add the following plat note: No Accessory Dwelling Unit shall be allowed on Lot 4A. 2.Add Final Plat to the plat title. APPROVED AND ADOPTED THIS 26th DAY OF JANUARY 26, 2022. FRASER PLANNING COMMISION Chair ATTEST: (SEAL) Town Clerk Print Form PROJECT NAME: Waldron Minor Subdivision DATE RECEIVED: APPLICATION FEE: TYPE OF APPLICATION HEARING DATE C Annexation, Zoning, Concept Plan f Change of Zone C' Development Permit Conditional Use C' Final Plat ® Minor Subdivision Plat C As Built Plat C' Planned Unit Development C Preliminary Plat Site Plan r Sketch Plan C' Subdivision Exemption Vacation of Street or Easement C' Variance C' Other C Final Planned Development Plan PROJECT INFORMATION Applicants Name: Project Location: Marian A Waldron 01 Norgren Road, Fraser Address: Phone/Fax: 21 Brookside Trail, Fraser 303-885-0688 Existing Location: Proposed Zoning: Low Density Multi Family Relation to Property Owner: Legal Description of Property (lots, blocks, tracts, sheet, if necessary): subdivision name, or metes & bounds - attach additional Buyers Vista, Block 2, Lot 4 Total Acreage of Property under Consideration: 32 Number of Existing Residential Lots: Number of Proposed Residential Lots: 1 2 Type of Housing Proposed: Single family Number of Existing Commercial Lots: Number of Proposed Commercial Lots: 0 0 ADDITIONAL CONTACTS Property Owner: Consultant: Marian A Waldron Address: Address: PO Box 3086 City/State/Zip: City/State/Zip: Winter Park, Co 80442 Phone/Fax: Phone/Fax: 303-885-0688 BRIEF DESCRIPTION OF DEVELOPMENT: would like to subdivide my property at 401 Norgren Road into 2 lots with a Conditional Use Permit. The lot is currently a single-family esidence zoned LDMF and once subdivided the vacant lot would be for a future single family home with a 2 car garage and possible 4DU behind the garage with a seperate entrance and either 2 or 3 bedrooms, 2 baths upstairs. I ne I own of Fraser requires that the applicant pay all fees and costs relating to this application, as provided in the Town's general application policies set forth in Section 1-3JO of the Fraser Municipal Code, which is reproduced below. The undersigned acknowledges that he or she has read and understands such policies and agrees to the terms thereof, including those provisions concerning collection of unpaid charges owed to the Town. The amount payable for up -front application fees and any cash deposit for additional processing charges will be specified by Town staff at the time of filing this application. Additional payments or deposits may be required during the processing of the application. IFiC/iTiON I herebv affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge The Authorized Signer gives consent for Town of Fraser representatives to make all reasonable inspections and investigations of the subject propertx during the period of processing this application I understand that all materials and fees required bar the Town of Fraser must be submitted prior to having this application processed. Authorized Signature:/1 Jq( Date: p Sec. 13-70. General application policies. The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code, unless different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type of application: 1) No application will be considered complete until all prescribed fees and deposits have been paid. 2) Application fees. Application fees are established and modified from time to time by the Board of Trustees and are set forth in the current fee schedule approved by the Board of Trustees. Such application fees are intended to defray the administrative expenses of processing applications attributable to the use of Town employee time and Town facilities. No part of an application fee shall be refunded on account of any denial, partial processing or withdrawal of part or all of the application. 3) Processing fees. In addition to application fees, the applicant shall pay all costs relating to the processing of the application, including the costs of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the costs of republication. The applicant shall also pay the costs for mailing notification of the application to adjacent or surrounding property owners, if required. The applicant shall pay any and all recording fees relating to the application or approval thereof and all inspection fees relating to the application or administration of the permit or other approval. 4) Additional costs. The applicant shall pay for any additional costs incurred by the Town for the services of outside professionals, consultants or other review agencies, other than Town staff, including, without limitation, attorneys, engineers and outside planning consultants, during the review and consideration of an application. The Town will send invoices to the applicant for expenses incurred as the Town is billed, which shall be paid by the applicant within the time prescribed in the invoice. Any amounts not paid when due shall accrue interest at the rate of one and one half percent (1.5%) per month, not to exceed eighteen percent (18%) per annum. 5) Deposit. The Town may require the applicant to provide a cash deposit, in an amount specified in the fee schedule established by the Board of Trustees, to secure payment of the anticipated processing fees and additional costs related to the application not covered by the application fee. The Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or reviews related to the application for any delinquent account until the applicant pays the amount necessary to reinstate the full amount of the cash deposit. Any delinquent account related to an application shall be sufficient grounds for denial of the application. Any unused portion of such deposit remaining after completion or termination of the application and payment of any outstanding invoices shall be refunded to the applicant. No interest will accrue on the deposit. 6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the applicable permit, certificate or other approval document. Deposits shall be held for ninety (90) days after approval to cover any outstanding invoices related to the application. 7) In the event of nonpayment of fees, costs or other charges owed, the Town shall have the right to file a legal action to collect any balance due to the Town, plus its costs of collection, including reasonable attomey's fees, against the applicant and/or the owner of the property that is the subject of the application. The amount of such unpaid fees, costs and other charges owed to the Town shall constitute a lien upon any property that is the subject of the application, and the Town may certify to the County Treasurer any amount due for collection in the same manner as other property taxes are collected. 8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued hereunder if the work or activity undertaken pursuant thereto is not done in accordance with the approved terms. n D r r Z ENNIS, ELLE & JORDAN PO BOX 1641 WINTER PARK, CO 80482-1641 ERASER, TOWN OF PO BOX 120 ERASER, CO 80442-0120 CURRAN, SEAN R PO BOX 174 ERASER, CO 80442-0174 WAGLEY, JULIE AND DUSTIN PO BOX 58, ERASER, CO 80442-0058 MCCONNELL, TARA 3285 FLOWER ST WHEAT RIDGE, CO 80033-5868 WILLIAMS, PETER C &COLLIER, DIANE PO BOX 1079 WINTER PARK, CO 80482-1079 HOVANIC, DEVYN PO BOX 3008 WINTER PARK, CO 80482-3008 NEWMAN THE PETER J JR TRUST DTD 9/9/16 2723 VALLEYBROOK DRIVE, CHAMPAIGN, IL 61822-7635 SMITH, BART & KLANKE, KRISTA B, PO BOX 156 ERASER, CO 80442-0156 TANDEM MANAGEMENT, LLC 514 PLATEAU PKWY GOLDEN , CO 80403-1922 MARTINEZ, MARLENE L, SCHNYDRIG & KIM I PO BOX 685, ERASER, CO 80442-0685 BRICKNER, JON THOMAS PO BOX 2396, ERASER, CO 80442-2395 ALTA Commitment For Title Insurance Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part 1-Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Title Company of the Rockies, LLC 10 W Beaver Creek Blvd., Suite 221, PO Box 980 Avon, CO 81620-0980 Phone: (970) 949-9497 CM-2 (ALTA Commitment for Title Insurance (6-17-06) WESTCOR LAND TITLE INSURANCE COMPANY t E rNSG o. o pRffr.: _ SEAL`" fi beside tz5ois93i-'n= J :G}, : 0 y__.h, fittest: t r i srrit — WLTIC Edition (9/26/07) Westcor Land Title Insurance Company (Reverse side of Cover) ALTA Commitment -2006 (6A M6) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment 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, lien, 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. 3. 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 eliminate 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. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. Al! arbitrable matters when the Amount of Insurance is $2, 000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< h ttp:1Avww, alta, org/>. Reverse side of Cover) Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and Title Company of the Rockies, LLC Westcor Land Title Insurance Company ("WLTIC°) and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title will of the Rockies, LLC, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.witic.com COMIVIITMENT FOR TITLE INSURANCE Issued by as agent for WestcorLand TiBe Insurance Company SCHEDULE A Reference: Commitment Number: TBD 0303799 I. Effective Date: August 26, 2021, 7:00 am Issue Date: September 15, 2021 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Marian A. Waldron 5. The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R031250 Countersigned Title Company of the Rockies, LLC Susan Sarver This page is only a part of a 2016 ALTAR Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. > ..4A The use of this Form (or any derivative thereof} is restricted to ALTA licensees and `" `'" w ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. , CommitmentforTide Insurance (8-1 2016) Technics! Correction 42-Z018 Page 1 Schedule S -Part II Commitment No: TBD 0303799 SCHEDULE A (confinued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Grand, State of Colorado, and described as follows: Lot 4, Block 2, BYERS VISTA SUBDIVISION, according to the Plat thereof filed May 15, 1961, at Reception No. 93956. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under Ibis commitment until it receives a specific designation ofa Proposed Insured, and has revised this commitmentidentifying tbatProposed insured byname. As provided in CommitrnentCondition 4, the Companymayamend this commitment to add among otberthings, additional exceptions or requirements after the designation of the Proposed Insured This page is only a part ofa 2016 ALTAO Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Associafion. All rights reserved. °^9£F{=n y ;,m; T<'Tt The use of this Form (or any derivative thereof) is restricted to ALTA licensees ;< <« } and ALTA members in good standing as of the date of use. All other uses are CommitmentforTifle Insurance (8-1-201 Technical Correction 4-2-2018 Page 2 Schedule A Commitment No: TBD 0303799 COMMITMENT FOR TITLE INSURANCE Issued by WestcorLand Title Insurance Company SCHEDULE B, PART I Requirements 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 effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 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. 5. Release by the Public Trustee of Grand County of the Deed of Trust from Marian A. Waldron for the use of KeyBank National Association to secure $250,000.00, dated February 21, 2020, and recorded February 21, 2020 at Reception No. 2020001482. 6. Deed from Marian A. Waldron to . NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 24-month Chain of Title: The only conveyances) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: WARRANTY DEED recorded September 5, 2002 at Reception No. 2002-009299. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. fihis Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. °fi ° a..t fi}: 7CT t k The use of this Form (or any derivative thereof) is restricted to ALTA licensees • » E T= and ALTA members in good standing as of the date of use. All other uses are ' CommitmentforTitle Insurance (8-1 Z01 Technical Correction 4-2-2018 Page 3 Schedule B - Parf I Commitment No: TBD 0303799 EXCEPTION NO.S UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT A) THE DOCUMENTS CONTEMPLATED BY THE REQUIlZEMENTS SET FORTH IN SCHEDULE B, SECTION I OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GRAND COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GRAND COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIIvIII AR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMTiJMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. rM " Rv. kV" Y4Pb3 The use of this Form (or any derivative thereof) is restricted to ALTA licensees ry , and ALTA members in good standing as of the date of use. All other uses are " CommitmentforTitle Insurance {8-1-201 Technical Correction 4-2-2018 Page 4 Schedule B -Part? -continued Commitment No: TBD 0303799 SCHEDULE B, PART II Excepfions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 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. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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, as reserved in United States Patent recorded March 5, 1895, in Book 13 at Page 358. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 5, 1895, in Book 13 at Page 358. 9. Easements, rights of way and other matters shown of the Plat for Byers Vista Subdivision filed May 15, 1961, at Reception No. 93956. Thispage is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Westcor Land Title Insurance Comparry. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. °' The use of this Form (or any derivative thereof) is restricted to ALTA licensees t«« _ :,, and ALTA members in good standing as of the date of use. All other uses are Commitment for Tithe Insurance (8-1-2016) Technical Correction 4-2-2018 Page 5 Schedule B -Part II Commitment No: TBD 0303799 10. Easement and right of way to construct, operate and maintain its electric transmission line or system, together with the right to keep the same cleared, as granted to Mountain Parks Electric, Inc. by instrument recorded June 4, 1965, in Book 150 at Page 163. 11. Town of Fraser Ordinance No. 47 providing for the annexation of territory to the Town of Fraser recorded July 25, 1973, in Book 199 at Page 94. 12. Town of Fraser Ordinance No. 267 recorded October 19, 1999, at Reception No. 99011002. 13. Modified Dissolution Order by Fraser Sanitation district recorded December 10, 2009 at Reception No. 2009011369. 14. Right of Way Easement and Agreement, granted Mountain Parks Electric, Inc. (Lot 4, Block 2, Byers Vista Subdivision) recorded August 12, 2021 at Reception No. 2021009033. This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. '°' ^' S.A.t.Ch A ;1 t The use of this Form (or any derivative thereof) is restricted to ALTA licensees _- >- and ALTA members in good standing as of the date of use. All other uses are CommitmentforTBe Insurance (8-1-2016) Technical Correction 42-Z018 Page 6 Schedule B -Part II - continued Commitment No: TBD 0303799 DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Crap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment maybe deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: L The Land described in Schedule A of this commitment must be asingle-family residence, which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though 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. 5. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: i) The subject real property may be located in a special taxing district; ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.RS. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oii, 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. Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (1 provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional Page 7 services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that"Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a) Await any proceeding; or b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing parry." Commitment No: TBD 0303799 Title Company of the Rockies Disclosures 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 3040-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation 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. Pursuant to C.R.S. 10-11-122. 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 withdrawals as a matter of right. Pursuant to C.R.S. 3&35425(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 1041423. If this transaction includes a sale of property and the sales rice exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject pproperty may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 1041422. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation &1-2; Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation &1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. ALTA Commitment For Title Insurance Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Title Company of the Rockies, LLC 10 W Beaver Creek Blvd., Suite 221, PO Box 980 Avon, CO 81620-0980 Phone:(970)949-9497 CM-2 (ALTA Commitment for Title Insurance (6-17-06) WESTCOR LAND TITLE INSURANCE COMPANY o c v ,, By 7 r V o r i= 5 SEAL`'.m eside t/_ Oi G.=n= a'°' Attest: une« WLTIC Edition (9/26/07) Westcor Land Title Insurance Company (Reverse side of Cover) ALTA Commitment -2006 (6-17-06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment 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, lien, 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. 3. 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 eliminate 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. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htip://www, alta. orgl>. Reverse side of Cover) Westcor Land Title Insurance Company Joint Notice of Privacv Policv of Westcor Land Title Insurance Company Title Company of the Rockies, LLC Westcor Land Title Insurance Company ("WLTIC") and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees inGude, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title Company of the Rockies, LLC, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLT/C Privacy Po/icy can be found on WLTIC's website at www.wlfiacom COMMITMENT FOR TTTLE INSURANCE Issued by as agent for WestcorLand TiBe Insurance Company Id/ L 1 Reference: Commitment Number: TBD 0303799 1. 3. 4. 5. Effective Date: August 26, 2021, 7:00 am Issue Date: September 15, 2021 The estate or interest in the land described or referred to in this Commitment is Fee Simple. The Title is, at the Commitment Date, vested in: Marian A. Waldron The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R031250 Countersigned Title Company of the Rockies, LLC Susan Sarver This page is only a part of a 2016 ALTA ®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part ]I -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. >r,, r r. The use of this Form (or any derivative thereof] is restricted to ALTA licensees and " ;,',;„, ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .: Commitment for TiBe Insurance (8-1-2016) Technical Cornection 4-Z-2018 Page 1 Schedule B -Part II Commitment No: TBD 0303799 SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Grand, State of Colorado, and described as follows: Lot 4, Block 2, BYERS VISTA SUBDIVISION, according to the Plat thereof filed May 15, 1961, at Reception No. 93956. For each policy to be issued as identiSed in Sebedule A, Item 2, the Companysball not be liable under this commitment until it receives a speciFc designation ofa Proposed Insured, and has revised Ibis commitmentidentifying thatProposed Insured byname. As provided in Commitment Condition 4, the Company may amend tais commitment to add; among other things, additional exceptions or requirements after the designation of the Proposed Insured: This page is only a part ofa 2016 ALTA®Commitment for Title Insurance issued by Westcor Land Title Insurance Comparry. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part li-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. ^" #t %` The use of this Form (or any derivative thereof) is restricted to ALTA licensees ,,,k..t,.* and ALTA members in good standing as of the date of use. All other uses are CommitmentforTitie Insurance (8-1-201 Technical Correction 42 ZO18 Page 2 Schedule A Commitment No: TBD 0303799 COMMITMENT FOR TITLE INSURANCE Issued by WesicorLand Title Insurance Company SCHEDULE B, PART I Requirements 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 effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 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. 5. Release by the Public Trustee of Grand County of the Deed of Trust from Marian A. Waldron for the use of KeyBank National Association to secure $250,000.00, dated February 21, 2020, and recorded February 21, 2020 at Reception No. 2020001482. 6. Deed from Marian A. Waldron to . NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 24-month Chain of Title: The only conveyances) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: WARRANTY DEED recorded September 5, 2002 at Reception No. 2002-009299. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. This page is only a part of a 2016 ALTAR Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. .y„ G% awn, r-, The use of this Form (or any derivative thereof) is restricted to ALTA licensees , , r ? and ALTA members in good standing as of the date of use. All other uses are Commitment for Tifle Insurance (8-1-201 Technical Correction 4-Z2018 Page 3 Schedule B -Part I Commitment No: TBD 0303799 EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT A) THE DOCUMENTS CONTEMPLATED BY THE REQUIlZEMENTS SET FORTH IN SCHEDULE B, SECTION I OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR TI'S DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GRAND COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTNE DATE HEREOF. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GRAND COUNTY, COLORADO FOR NDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMII,AR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are CommitmentforTitle Insurance (8-1-202 Technical Correction 4-2-2018 Schedule B - Partl -continued R. Ad } R S' .44 L,i.:.... , Y S SY Page 4 Commitment No: TBD 0303799 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 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. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or herea8er 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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, as reserved in United States Patent recorded March 5, 1895, in Book 13 at Page 358. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 5, 1895, in Book 13 at Page 358. 9. Easements, rights of way and other matters shown of the Plat for Byers Vista Subdivision filed May 15, 1961, at Reception No. 93956. This page is only a part of a 2016 ALTA ®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part HI Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitmentfor ride Insurance (8-1-2016) Technical Correction 42-2018 Page 5 Schedule B - PartII Commitment No: TBD 0303799 10. Easement and right of way to construct, operate and maintain its electric transmission line or system, together with the right to keep the same cleared, as granted to Mountain Parks Electric, Inc. by instrument recorded June 4, 1965, in Book 150 at Page 163. 11. Town of Fraser Ordinance No. 47 providing for the annexation of territory to the Town of Fraser recorded July 25, 1973, in Book 199 at Page 94. 12. Town of Fraser Ordinance No. 267 recorded October 19, 1999, at Reception No. 99011002. 13. Modified Dissolution Order by Fraser Sanitation district recorded December 10, 2009 at Reception No. 2009011369. 14. Right of Way Easement and Agreement, granted Mountain Parks Electric, Ina (Lot 4, Block 2, Byers Vista Subdivision) recorded August 12, 2021 at Reception No. 2021009033. This page is only a part of a 2016 ALTA ®Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II-Excepfions. Copyright 2006-2016 American Land Title Associafion. All rights reserved. '3°E4,.a The use of this Form (or any derivative thereof) is restricted to ALTA licensees «=*=x and ALTA members in good standing as of the date of use. All other uses are " CommitrnentforTitle Insurance (8-1-2016) Technical Correction 42-2018 Page 6 Schedule B - PartII -continued Commitment No: TBD 0303799 DISCLOSURE STATEMENTS Note I. Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article vII, requires that Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed" (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment maybe deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: 1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechanics or materiahnen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though 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. 5. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: i) The subject real property may be located in a special taxing district; ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then 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. Note 6: Effective September 1, 1997, C.R.S. 63040406 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional Page 7 services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that"Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a) Await any proceeding; or b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Commitment No: TBD 0303799 Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain atop 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 304 0-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation 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. Pursuant to C.R.S. 1041422. 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 withdrawals as a matter of right. Pursuant to C.I.S. 3&35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 1041423. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 1041422. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation &1-2; Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 1041-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation & 1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. MARIAN WALDON 669 MORGEN HOUSE 23-7/10201008 P.O. BOX 3086 970-726-5801 1015090531 WINTER PARK, CO 80482-3086 © / DAT PAY TO TH& 'I ORDER OF 00 F.,w,e. l me on Ra earxFargo SankNA 3 ® Wdls Colorador we0sfrrgocom I // y, FORI ' ' -' NP LO 20000761100 LO L509053 LII• 00669 LAND USE APPLICATION FORM PROJECT NAME: 'Waldron Minor Subdivision DATE RECEIVED: J APPLICATION FEE: (aS0.o0 TYPE. OF APPLICATION HEARING DATE �.20-2Z C Annexation, Zoning, Concept Plan ® Conditional Use CAs Built Plat C'Site Plan (': Vacation of Street or Easement C Final Planned Development Plan C, Change of Zone C Final Plat C: Planned Unit Development G Sketch Plan C Variance O Development Permit 4: Mmor Subdivision Plat" 0 Preliminary Plat (' Subdivision Exemption C Other PROJECT INFORMATION Applicant's Name: Marian A Waldron Project Location: 1401 Norgren Road, Fraser Address: 21 Brookside Trail, Fraser Relation to Property Owner: Phone/Fax: 303-885-0688 Proposed Zoning: Low Density Multi Family Legal Description of Property (lots, blocks, tracts, subdivision name, or metes & bounds - attach additional sheet, if necessary): Buyers Vista, Block 2, Lot 4 Total Acreage of Property under Consideration: .32 Number of Existing Residential Lots: 1 Number of Proposed Residential Lots: 2 Type of Housing Proposed: Single family Number of Existing Commercial Lots: 0 Number of Proposed Commercial Lots: 0 ADDITIONAL CONTACTS Property Owner: Marian A Waldron Consultant: Address: PO Box 3086 Address: City/State/Zip: Winter Park, Co 80442 City/State/Zip: Phone/Fax: Phone/Fax: 303-885-0688 BRIEF DESCRIPTION OF DEVELOPMENT: I would like to subdivide my property at 401 Norgren Road into 2 Tots with a Conditional Use Permit. The lot is currently a single-family residence zoned LDMF and once subdivided the vacant lot would be for a future single family home with a 2 car garage and possible ADU behind the garage with a seperate entrance and either 2 or 3 bedrooms, 2 baths upstairs. The Town of Fraser requires that the applicant pay all fees and costs relating to this application, as provided in the Town's general application policies set forth in Section 1-3-70 of the Fraser Municipal Code, which is reproduced below. The undersigned acknowledges that he or she has read and understands such policies and agrees to the terms thereof, including those provisions conceming collection of unpaid charges owed to the Town. The amount payable for up -front application fees and any cash deposit for additional processing charges wili be specified by Town staff at the time of filing this application. Additional payments or deposits may be required during the processing of the application. CERTIFICATION I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer gives consent for Town of Fraser representatives to make all reasonable inspections and investigations of the subject property during the period of processing this application. I understand that all materials and fees required by the Town of Fraser must be submitted prior to having this application processed. Authorized Signature: Sec. 1-3-70. General application policies. Date: 0c,1- 14 The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code, unless different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type of application: (1) No application will be considered complete until all prescribed fees and deposits have been paid. (2) Application fees. Application fees are established and modified from time to time by the Board of Trustees and are set forth in the current fee schedule approved by the Board of Trustees. Such application fees are intended to defray the administrative expenses of processing applications attributable to the use of Town employee time and Town facilities. No part of an application fee shall be refunded on account of any denial, partial processing or withdrawal of part or all of the application. (3) Processing fees. In addition to application fees, the applicant shall pay all costs relating to the processing of the application. including the costs of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the costs of republication. The applicant shall also pay the costs for mailing notification of the application to adjacent or surrounding property owners, if required. The applicant shall pay any and all recording fees relating to the application or approval thereof and all inspection fees relating to the application or administration of the permit or other approval. (4) Additional costs. The applicant shall pay for any additional costs incurred by the Town for the services of outside professionals, consultants or other review agencies, other than Town staff, including, without limitation, attorneys, engineers and outside planning consultants, during the review and consideration of an application. The Town will send invoices to the applicant for expenses incurred as the Town is billed, which shall be paid by the applicant within the time prescribed in the invoice. Any amounts not paid when due shall accrue interest at the rate of one and one half percent (1.5%) per month, not to exceed eighteen percent (18%) per annum. (5) Deposit. The Town may require the applicant to provide a cash deposit, in an amount specfied in the fee schedule established by the Board of Trustees, to secure payment of the anticipated processing fees and additional costs related to the application not covered by the application fee. The Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or reviews related to the application for any delinquent account until the applicant pays the amount necessary to reinstate the full amount of the cash deposit Any delinquent account related to an application shall be sufficient grounds for denial of the application. Any unused portion of such deposit remaining after completion or termination of the application and payment of any outstanding invoices shall be refunded to the applicant. No interest will accrue on the deposit. (6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the applicable permit, certificate or other approval document. Deposits shall be held for ninety (90) days after approval to cover any outstanding invoices related to the application. (7) In the event of nonpayment of fees, costs or other charges owed, the Town shall have the right to file a legal action to collect any balance due to the Town, plus its costs of collection, including reasonable attorney's fees, against the applicant and/or the owner of the property that is the subject of the application. The amount of such unpaid fees, costs and other charges owed to the Town shall constitute a lien upon any property that is the subject of the application, and the Town may certify to the County Treasurer any amount due for collection in the same manner as other property taxes are collected. (8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued hereunder if the work or activity undertaken pursuant thereto is not done in accordance with the approved terms. MARIAN-'WALDON MORGEN'HOUSE P:0:- BOX -S086 970-726=5601.... . • WINTER. PARK, CO: 80482-3086, 1PAYTO TH. ORDER O .. 20'1008 1015090531 • Wells Fargo Bank. NA. - • iColoradu.;; weHsfargdcan: . Dear Sir/Madam, This letter is to advise you that Marian Waldron has requested a minor subdivision and conditional use for a property located at 401 Norgren Road, Fraser, Co 80442 and that the Town of Fraser has scheduled a public hearing to consider this request. The public hearing is scheduled for at at the Town of Fraser Town Hall located at 153 Fraser Avenue in the Board Room. Enclosed for your review is a copy of the proposal as presented to the Town of Fraser. The Town of Fraser may be contacted at (970)726-5491. Please note that you may comment at the public hearing or by forwarding written comments to the Town of Fraser Planning Department (PO Box 370, Fraser, Co 80442). Written comments must be received by the Town prior to the public hearing. Marian A Waldron Tbirty (30) days in advance of the initial public hearing, the applicant shall provide notice to all surface owners, mineral owners and lessee of mineral owners in accordance with C.R.S. 31-23-215 and 24-65.5-1-3, as amended. The applicant must certify the same to the local government as a condition of approval of the application. Please use CERTIFICATE OF NOTICE TO MINERAL ESTATE OWNER form. I ,We have searched the records of the Grand County Tax Assessor and the Grand Countv Clerk and Recorder for th above ide tified p cel d have found that no mineral estate owner is identified therein pursuant to Section 24- 6 O 1 of e 1 ised Statutes. Applicant or Authorized Representative Date