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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 REC.GIdrnA ood Springs, CO 81601 LJ 1 (970) 945-8212 DEC 2�r vww.earfield-countv.com 2 2 DIVISIONS OF LAND APPLICATION FORM FSUBDIVISION/EXEMPTION "tit tiVl nor Subdivision ❑ Preliminary Plan Amendment Major Subdivision Final Plat Amendment ❑ Sketch • Preliminary ■ Final • Common Interest Community Subdivision Conservation Subdivision ❑ Public/County Road Split Exemption • Yield • Sketch 0 Preliminary ■ Final ❑ Rural Land Development Exemption • Time Extension !ITNVOLVED PARTIES Owner/Applicant II��� Name: /1? sr {7r- /7-�/Y-nesh Phone: ( 971) ) qY7 - 9700 Mailing Address: C3 16 G okus /1-+ /I( #-7 City: 6 h/. State: co Zip Code: fl GO 1 E-mail: Ati,r 7 - k fl f rYn /o s tscw- Representative (Authorization Required) Name: /g r✓r p /5^. r Phone: ('io ) 9 Y r - 0 Mailing Address: 1'f R ' -'- _ City: GWS State: Zip Code: tL d E-mail: bruurL' ru( Le.• ot,rc L. .rc as t PROJECT NAME AND LOCATION Project Name: NN -- 2 Assessor's Parcel Number: 23 _ Sr - a / - a a - / / 3 Physical/Street Address: /CI (ws, /la, Legal Description: Tbwi.-st ,r IQo� c� A- 7n- !4✓ tier? A0.474707? 5ima- v i ui . Zone District: G Property Size (acres): f6/ /a' f7'22/fL Project Description Existing Use: Proposed Use (From Use Table 3-403): as c-irer S _ �re� S {lr r ba. 11d Description of Project: (I f 3 —tee pud Proposed Development Area Land Use Type Single Family Duplex Multi -Family # of Lots #of Units Acreage Parking Commercial Industrial / 3 2.2. Ar 5-44 1".-S, Open Space Other Total REQUEST FOR WAIVERS Requirements Req ireme, nts 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accuratehP best of my knowledge. Signature OFFICIAL USE 0 /Z1lr Date File Number: Lt p A 0 Fee Paid: $ i 017 Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") $t✓O e agree as follows: 1. The Applicant has submitted to the County an application for the following Project: St we Flt -e-. , /4t - Pt." - 2. 4 f - 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: /5/7414e 05 4 -Y247 -i Phone: (??u } Sys • 2 x 'to Billing Contact Address: itr /Wt. Ga'''s / Cio P'/LQ/ City: CIj State: el Zip Code: "6 0 / Billing Contact Email: hft/ C4 e re -d 40. k- Ar ot., 4 a itu rie-- , �M- Printed Name of Person Authorized to Sign: $ t 6 -1)"1 - re) (Date) December 18. 2014 Garfield County Building Department 108 8th Street Glenwood Springs, CO 81601 Re: Subject: Glenn: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Stowe Exemption Re -Plat Narrative RED HOUSE architecture design + build Martin Herrera of Bethel Party Rentals, and owner of Lot 1 in the Stowe Exemption Plat, would like to revise the plat in order to remove the somewhat nebulas parking easement that occupies the southwestern end of the property. The owner intends to construct a steel warehouse building and septic system in that area and needs the easement removed from the plat documents. There was never any conveyance of the easement, nor any written documentation describing its intended use. Please let us know if you have any questions or need further information and detail. Sincerely, Bruce BartV rchitect.Contractor Red H• +: Architecture De '% Build 815 Blake Avenue Glenwood Sprinus. CO 81601 0755 L2 gletmov ! ;price, :ulurada tii c 11)1 u u redltou;rarcltitcr 1re.:oc1 Recept ion* 346752 Zd': OS 11 •B al" !"an n: heti:, et 71... F.,. 14' -.7 cc =,.. -C, :14'.F. ."-. RECORDATION REQUESTED BY: Alpine Bank. A Colorado Banking Corporation Alpine Bank Glenwood Springs 400 7th Street South Rifle, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Sheet South Rifle. CO 81850 SEND TAX NOTICES TO: BETHEL PARTY RENTALS, INC. Cl0 JAN HUCK 1285 GRACELAND DRIVE CARBONDALE. CO 81623 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $496,875.90 except as allowed under applicable Colorado Isw THIS DEED OF TRUST is dated February 27, 2014, among BETHEL PARTY RENTALS, INC. ("Grantor"); Alpine Bank, A Colorado Banking Corporation. whose address is Alpine Bank Glenwood Springs. 400 7th Street South, Rifle. CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARRELD County. Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor herby Irrevocably grants. transfers and assigns to Trustee fur the benefit of Lander as Beneficiary all or Grantor's tight, title, and Interest in and to the following described real property, together with all existing or subsequently erected ar affixed buildings, improvements and fixtures: all casements, rights of way. and appurtenances; all water water rights and ditch nghts linctuding stock in utilities w th ditch or Irrigation nghlsl: and ail other rights, royalties. and profits refining to the real property. including without limitation all miners s, oil, gas. geatnermal and similar matters, (the "Real Property") located in GARRELD County, State of Colorado: A parcel of land situated in Lots 18, 20, 21 and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian. County of Garfield. State of Colorado, said parcel being more particularly described as follows: Commencing at the witness corner to the Northwest comer of Lot 36, Section 1 a brass cap found in place and properly marked (whence the true Northwest Corner bears South 01°11'05" West 10.00 feet); thence South 40° 47'07" West 411.12 feet to a point to a the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County clerk and Recorders office; thence South 87°47'00" East along said line 112.03 feet to the TRUE POINT OF BEGINNING; thence South 87°47'00" East 150.08 feet; thence South 87°47'00" East 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the are of a curve to the right of having a radius of 1760.08 feet and a central angle of 02° 13'32", a distance of 68.37 feet (chord bears South 22°19'53" East 68.37 feet); thence leaving said line South 03°15'00" West (bounded on the east by Reception No. 261923) 39.58 feet; thence North 87°06'00" West 0.11 feet; thence South 02°32'00" East (bounded on the east by Reception No. 261923) 81.26 feet; thence South 17°00'00" East (bounded on the east by Reception No. 261923) 79.94 feet; thence South 18°38'00" East (bonded on the east by Reception No. 261923) 20.00 feet; thence South 84° 24'20" West 78.19 feet; thence South 88°59'16" West 126.34 feat; thence South 00°04'46" West 120.10 feet; thence North. 62°18'10" West 56.50 feet: thence North 86°49.13" West 30.84 feat; thence North 09°02'12" West 333.40 feet;; thence South 80°40'12" East 99.97 feet along the south line of Resolution No. 80-151; thence along the easterly Zine of said Resolution the following seven )7} courses: 1) North. 09°19'48" East 4.00 feet: 2) North 39°35'11" East 6.95 feet: 3} South 80°40'12" East 25.08 feet: 4) North 09°19'48" East 27.38 feet; 5I North 87°47'00" West 28.00 feet: 6) North 47°52'32" West 6.08 feet: 7} North 02°13'00" East 37.74 feet to the True Point of Beginning Said Parcel is sometimes described as: Parcel 1 Stowe Exemption. As Amended The Real Property or its address is commonly known as 5447 COUNTY ROAD 154. GLENWOOD SPRINGS, CO 81601. CROSS COLLATERALIZATION. r. J,lait:on 13 the hate Zhu Ceea of 'ru:tt .:et:•.une 111 ca'tgerors wets and I:obi:ities. ;;Is Int4rax- 'ner,v r .:1 Grantor to Lander tr my Gra or r-mrn herr ds X73. a5 al, awns Dy _erler J,jJI- ; U"rlr;Gr or jrty Ona or 'ru'd 3' "hum Ytrut'er now in st;ng .:r he xalte, „rang, Nt!rinar relatlll 01 Uhr_lirtud c0 010 burrow 61 the Vote 'Andthar '.0Iunrary or enure. se ;vhol:1er due ir nut JJC .;.r!!ct or 1neicoI. deternl',Iloa or .rtlt:rcrrirea, absolute or co -Dungen: iGlol.ite0 Or uf`,h,t_Iu:icrtit 'uru'^er Urantor clay be iiah:u I taiv i -.sally nr jrirtSv ', -h o heti wrotrcr chill rad .13 ,uua'tnr. scr_: 1 Jccu'rmarlation p.tr•q 3, 71nHr.v 1 and vr.trtru. imr of^a r"." bt 0. h1Yu 11,er ;tiny Cee -.me b ur. t 'SV 3nY 9[JI L:= of il^.'ll lOrni srrl wren-te Ire 33.11)17:11 :0'4CI, st-:'1 amal:nti 1r:I1, be '1'-elfiur ""d'I bot Dire ^ryrvvfs. Jnr rforCCDL:.e 1 .':v' ::'Jv:` ly 7:4.�•'S ... 'e_I:; ..s tr,.,,.n ,Y' 3 4': n'".n ', e.. ,, JI .l Gr:l .',:r i 'll' ',0 J. it n1e`:a;.l 11 J1111 No% em her 4. 20 14 RED HOUSE architecture design + build Garfield County Building Department 108 8`h Street Glenwood Springs, CO 81501 Re: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Subject: Authorization To whom it may concern: This letter serves as authorization for Bruce Barth of Red House Architecture to represent us in the above mentioned project applications and all associated work. Please accept this as consent to process the application and feel free to contact me with any questions. Best Regards, f Martin Herrera, iitwner Bethel Party Rentals 0755 LI 1OWL"_ .pnn_,.LA:hi;ri.:rli.}I p.L}T1 ij.4 ti�1[1 1°11-'41`"}I.',` A;;« wallow-vaRhi i't L=re �.vn GARFIELD COUNTY ' Community Development Department 108 8h Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970 384.3470 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBERS: 2395-014-00-113 DATE: 11/10/14 PROJECT: Second Amended Plat Stowe Exemption Plat, Parcel 1 OWNERS: Bethel Party Rentals Inc. (Parcel 1) REPRESENTATIVE: Bruce Barth, Red House Architecture PRACTICAL LOCATION: 5447 County Road 154, approximately 5 miles south of the City of Glenwood Springs. ZONING: Commercial Limited (CL) LOT SIZES: Parcel 1 - 2.00 acres TYPE OF APPLICATION: Amended Plat I. GENERAL PROJECT DESCRIPTION The Applicant is planning to request an amended plat for the Subdivision Exemption to eliminate the parking easement that is shown on Parcel 1. Preliminary research has not determined to whom the easement was granted and not provided any additional detail on its purpose other than for parking. Said research included consultation with the County Attorney's Office and the direction that the application will need to include a formal relinquishment of easement document signed by the owner of Parcel 2. No other changes to the plat are requested or proposed. No new lots would be created and no changes to accessutilities or other related easements are proposed. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS The Amended Plat process is an Administrative Rev'ew, with decision by the Director of the Community Development Department. Public notice 15 days prior to the D;rector's Decision as required by mailing to adjacent property owners within 200 ft and mineral rights owners of the subject parcel. The decision can be called up for review by the Board of County Commissioners. • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code o Section 5-305 Amended Final Plat o Table 5-401 Submittal Requirements o Table 5-103 Common Review Procedures and Required Notice o Section 4-103 Administrative Review o Section 5-402 Description of Submittal Requirements o Article 7, Division I, 11, and 111, as applicable o Section 4-118, Waivers from Standards o Section 4-202, Waivers from Submittal Requirements III. REVIEW PROCESS 1. Pre -application Conference 2. Submittal of the Application (3 hardcopies, 1 on CD) 3. Determination of Completeness and submittal of additional copies of the Application for referrals 4. Scheduling of a date for the Director's Decision 5. Completion of required public notice (certified mailing to adjacent property owners and mineral rights owners) 5. Evaluation by Director/Staff Review 6. Director's Decision 7. Ten Day Call-up Period 8. Finalize Plat, Verify Conditions have been Satisfied, circulation of plat for signatures 9. Execution of the Plat by the Board of County Commissioners and Recording IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: > Proof of Ownership for the parcel (title work or copy of a deed) and information on any lien holders. > Names and mailing addresses of properties within 200 ft of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address, If owner intends to have a representative (Planner/Surveyor or Attorney) complete the Application and processing then a letter of authorization is needed Copy of the Pre -application Summary needs to be submitted with the Application. • Copy of the Application Form, Application Fees and signed Payment Agreement Form ▪ The proposed amended plat with all standard certificates showing Parcel 1 with the removal of the parking easement. A plat note indicating the purpose of the amended plat should be included. • The plat should include improvement location information relevant to the area of the proposed amendment. • Vicinity Map. • A copy of the current existing Amended Stowe Exemption Plat and Resolution of Approval. > The Application will need to include either a relinquishment of easement certificate on the plat to be signed by the owner of Parcel 2 or a separate relinquishment of easement agreement to be signed by the owner of Parcel 2 and recorded prior to or concurrently with the amended plat. a In regard to Article VII, the Applicant may include representations regarding the lack of applicability of certain standards. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, utility services or any other applicable provision of Article 7. > The Application may include requests for waivers from certain submittal requirements including provision of an Improvements Agreement, based on Section 4-202. • Information on any covenants applicable to the property should be provided. • A narrative describing the request. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: X Director's Decision (with notice — not a public hearing) Planning Commission Board of County Commissioners Board of Adjustment May include but are not limited to Garfield County Surveyor, Garfield County Attorney, Garfield County Road and Bridge Department. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100 b. Referral Agency Fees $ TBD — consulting engineer/civil engineer fees c. Total Deposit $ 100 (additional hours are billed at $40.50 ihour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: ./,e-- l‘i------ II 1 12- 1 1 if - Glenn Hartmann Date Senior Planner Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference •Applicant has 6 months to submit application • 10 business drys to review •If incomplete, 60 days to remedy deficiencies St,.;) Sch...:-J.11:, t?rri .ir: 1 ci ^r 0.-E! Fro .,..: ric t Lc * Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral .21 day comment period Step 6: Evolution by Director Step 7: Director's Dec_sior • Call-up Period - within 10 days of Director's Decision ',Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. December 18.2014 Garfield County Building Department 108 8' Street Glenwood Springs, CO 81601 Re: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Subject: Neighboring Addresses Wayne and Susan Rudd 132 Park Avenue Basalt, CO 81621-9338 Rudd Limited Liability Company 132 Park Avenue Basalt, CO 81621 Tap Land Company LLC PO Box 1128 Carbondale, CO 81623 Arrie M Shaw Revocable Trust 55 Coryell Ridge Road Glenwood Springs, CO 81601 Gaile and Jeanette Steckel 314 Coryell Ridge Road Glenwood Springs. CO 81601-9669 Lucky and Good LLC 252 Covell Ridge Road Glert ood Springs. CO 81601 Henry Thomas Willison Trust 344 Cornell Ridge Road Glen ood Springs. CO 81601 Al 4 h1eke 11,0111112 elemttxwl >Ilrip a culorrtla 8141 11 RED HOUSE architecture design + build 143 :A:211. fg11...W'1Y'' aIAa el t1LI c:rnleimcurn.a,ur December 18.2014 Alice Bell 228 Coryell Ridge Road Glenwood Springs, CO 81601-9602 H Lazy F Mini Storage LLC 5317 County Road 154, Ste 201 Glenwood Springs, CO 81601 JLB Companies LLC 7086 S. Highland Drive #250 Salt Lake City, UT 84121 Lucy M Cordova PO Box 94 Fort Garland, CO 81133-0094 Roaring Fork Transportation Authority 530 East Main Street Aspen, CO 81611 Cory Adams LLC 333 Lions Ridge Road Carbondale, CO 81623 HLazyFLLC PO Box 185 Carbondale, CO 81623 John Stowe PO Box 1975 Glenwood Springs, CO 81601 Karen M Stowe 1801 Ouray Road Glenwood Springs, CO 81601 0755 L3 -r?colur.ido s 0101 0-0014- 331 3- ut% redkouseardice iurecum fG fp &INCtan 1 ;PPR h *HIi 11E11 a = F I1 •p s C.. IN iVIx Misch Inmsher dualholed by *on Wrani re. ,*I r 0 N —13 r a I Pg I 40 k4 .R7RxW 13 AQP 1/ at fini;d 1;;;119 dItti All ... itzr.= f1IJhiudJIi11J M Iii $50 w % � g I�.in gLI fr: Prii I; Irigrii 14 ; ri I i if ; int 11-1- 011 Hifi it !immhif!ftJIi�II _i. 1 fr 1 . it t ,1 . r 1.Jj ;it t► r N O —I • t= to of r�L .PREPAES WAIT 8TOWW ti i. doom w dtmehed. by „„." KKBNA 0:01M4.71312 Er00131031E5 December 18.2014 RED HOUSE architecture design + build Garfield County Building Department 108 8th Street Glenwood Springs, CO 81601 Re: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Subject: Stowe Exemption Re -Plat Narrative Glenn: Martin Herrera of Bethel Party Rentals, and owner of Lot lin the Stowe Exemption Plat, would like to revise the plat in order to remove the somewhat nebulas parking easement that occupies the southwestern end of the property. The owner intends to construct a steel warehouse building and septic system in that area and needs the easement removed from the plat documents. There was never any conveyance of the easement. nor any written documentation describing its intended use. This application will not impact any sections of Article 7 of the Garfield County Land Use code. Thus includes public utilities, roads, wildlife, waterbodies, geologic hazards and trails. The existing parking easement that is to be removed is not required to meet the development's parking requirements. The applicant would like to request a waiver from the requirement for an improvements agreement as part of this process. Please ]et us know it you have any questions or need further information and detail_ Sincerr. rchitect.Contractor Architecture Build 815 Blake A \ enue Glenwood Springs. CO 81601 0-55 L2 i i +,In: 1 ,,,%t :I:ri ll:_: :nl„rl,l,• `4' + .a cum Glenn Hartmann From: Bruce Barth[bruce@redhousearchitecture.com] Sent: Friday, February 13, 2015 9:55 AM To: Glenn Hartmann Subject: mineral rights - BPR Glenn — I researched the mineral rights for the Bethel Party Rental property at 5447 County 154 Road at the County Assessor's office and the County Clerk and Recorder's office. I delivered to you the information that was on file with regards to the deeds on the property. There was one mineral right (account #R111368) on file for Section 1, Township 7, Range 89. The data at the Assessor's office said this claim was inactive and closed due to insufficient documentation. There were no recordings and no address associated with the name on file. Thanks, Bruce 1 81)01468 PAGE 588 Re wdea Reception No�..2 220 FEB 31975 --Recorder. THIS DEED, Made thin 2'?I day of -moi Aa t7ll R tl 19 75 , between CHARLES E. CORYELL, a.k.a. C. E. CORYELL, a single person; PATRICK B. CORYELL and ADELINE CORYELL, husband and wife; CHARLES R. CORYELL and JOAN CORYELL, husband and wife, of the County of Garfield and State of ' Colorado, of the first part, and RECORDER'S STAMP FEB =3 1975 MN WALTER A. STOWE and DELORES A. STOWE of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in conatder'ation of the rum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION NXiGXXiii to the said partiesof the first part in band paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained. sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and maligns forever, not In tenancy in common but in joint tenancy, alt the following described lot or parcel of land, situate, lying and being in the County of Garfield and Stets of Colorado. to wit: A tract of land situated in Lots 20 and 21 of Section 1 in Township 7 South, Range 89 West of the 6th Principal Meridian, lying Easterly of the Easterly line of a 20 foot roadway and Westerly of the Westerly line of a 20 foot roadway, as con- structed and in place, described as follows: Beginning at a point on the Westerly line of said 20 foot roadway whence an iron post with a brass cap set in glace and.. properly marked for the Southeast Corner of Lot 36 in said Section 1 bears N. 87°34'16" E. 932.27 feet; thence S. 02°32'00" E.,4.20 feet along the Westerly line of said roadway; thence S. 17°00'00" E. 86.23 feet along the Westerly line of said roadway; thence S. 18°38'00" E. 109.74 feet along the Westerly line of said roadway; thence S. 04°41'00" E. 101.45 feet along the Westerly line of said roadway; thence 5. 15°10'00" E. 78.09 feet along the Westerly line of said roadway; thence S. 00°17'00" E. 41.05 feet along the Westerly line of said roadway; thence S: 05°43'20" W. 44.40 feet along the Westerly line of said roadway; thence S. 88°26'01" W: 115:85 feet -to a point on the Easterly line of said 20 foot roadway; thence N. 06°13'49" W. 115.73 feet along the Easterly line of said roadway; thence N. 29°42'12" W. 82.41 feet along the Easterly line of said roadway; thence N. 44°08'24" W. 65.48 feet along the Easterly line of said roadway;.thence N. 62°16'10" W. 56.50 feet along the Easterly line of said roadway; thence N. 86°49113" W. 30.84 feet along the Easterly line of said roadway; thence • N. 09°02'12" W. 205.86 feet; thence'S. 87°47'00" E. 243.17 feet to a point on the Westerly line of said roadway, the point of beginning, containing 2.04 acres, more or less. Together with an easement over and across existing easements, rights of way and roadways for access purposes from the above "described property to old State Highway No.. R2. TOGhl'WJ,t1 with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said pariieS of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenadces. • No. 768. WARRAhTT DEED—T.JalntTamola.—ar dtwd Prbllehinr Ca. 111414 Stant Stmt. Warr, Colorado -7.7 B00K468 PAGE 589 • TO HAVE AND TO HOLD the mild premises above bargained and described, with the appurtenances; unto the said parties of the secoqdkvAsitt their heirs and assigns forever. And the said part ies of the first part, fdr them selves , / tieirs, executors, and administrabars, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enaealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and.indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and Iawful authority to grant, bargain, eell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, males, liens, taxes, assessments and incumbrances of whatever kind or nature, aoever, except 1975 general property taxes, U.S..Patent reservations and exceptions, easements and rights of way of a public or private nature including, but not exclusively, those for roads, ditches and power lines, building, zoning and other governmental rules and regulations and Charles E. Coryell, a.k.a. C. E. Coryell, Patrick B. Coryell and Charles R. Coryell hereby reserve an undivided one- half interest in all oil, gas and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first port shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part hare hereunto set their hand s and seal s the day and year first above written. 11 .ed,Cceled ILA D Iiy ee I;n ti.,. I1e..ct...e Ch iws r7 -co / t5 12lope 1rU€g"band�'�a�rdT') 041-4 G�7 6 3da Cory`efi wife"' • WEAL) STATE OF COLORADO, County of Garfield -c '- 3V ry t'•' fU , '•. :Par b�f6iitaref pawn or paeans here Insert name or nasal If by moons meting le representative or official capacity or as attersechin tact. thou !wart name of MEM aa areenIer. attaraairindaet or other repack/ or &BarletJon i u bf' officer of corporation, thea lust an et cath officer or officers. as the president er other officers of mush corporation, naming it 33. i 151;27g [SEAL] oEperson 'a�le'po ! 1'1 k"-'13- • I, ilffigballintlra de -g e. , l 't t. LE.- [SEAL] Wine 'Cory -W. TIM ltt 1 b aremeUItaa �}2�y'7 g da ar O1 ' r, "II iii 'l. eSBA I7 N oW±p d and official seal A.t111A 1t ATI2ICK Notary Public. E r CI 01 r ekt € z 01 t Z C� € g z A ¢ STATE OF COLO I 1 3 c € E 2 i3 g E; a w 0 07 Book 418 Page 42 Recorded at...10.1-Q........,o'elockc 4.2.- M., March 244 1921 .. pion No 249280 Ella Stephens er THIS DEED, Made this 22nd 1971, between day of March JOSEPHINE CORYELL of the County of Garfield and Stats of Colorado, of the first part, and WALTER A. STOWE and DELORES A. STOWE RECORDER'S STAMP MAME OOCU1flt TARY FIE MAR 2.4 1971 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION ---- to the said part y of the first part In hand paid by the said parties of the aecpnd part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents des grant, bargain, sell, convey and confirm unto the said parties of the second pari, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described Iot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A tract of land situated in Lots 18, 20 and 21 of Section 1 all in T. 7 S., R. 89 W. of the 6th P.M. described as follows: Beginning at a point whence an iron post with a brass cap set in place and properly marked for the SE Corner of Lot 36 in said Section 1 bears S. 82°28'32" E. 1214.97 feet; thence S. 87°47'00" E. 263.08 feet; thence S. 01°14'00" W. 101.10 feet; thence S. 87°06'00" E. 28.63 feet to a point on the Easterly line of a 20 foot road easement; thence S. 02°32'00" E. 86.77 feet along the Easterly line of said 20 foot road easement; thence N. 87°47'00" W. 263.24 feet; thence N. 09°02'12" W. 191.58 feet to the point of beginning. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for her self , her hairs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their hairs and assigns, that at the time of the ensealing and delivery of these pres- ents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in Iaw, in fee simple, and ha S good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, ba bargain , sales, !t0 taxes kind assessments and encumbrances of whatever or nature soever, except andsubjectgeneral property taxes, U.S. Patent reservations and exceptions, any and ail easements and rights of way of a public or private nature, and hereby reserving to seller an undivided 1/2 interest in and to all oil, gas and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against a]1 and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of the first part has hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield }ss. 19o—aeL• WJo 6phine Coryell [SEAL] ................................ �..^._.....»...._._...._...... .[SEAL] The foregoing instrument was acknowledged before me this 19, 74.b.# JOSEPHINE CORYELL. :. ......... . .. t • My combvssion expires til'• Q � " • � �, 2 2nd 4975'. Witness my hanfr • ti C� ibl`. Notary Public. No▪ .° X927. WARRANTY DEER --To Joint Teaonls.—Bradford Publishing Co.. 1221 Stout Street, Denser, a-6-69 -, •If byaatural person or persons here insert name or names; if by person acting is repr ntati or arias! capacity or as attorney-in-fact, then Insert name of person as executor, atttoraey-In-tact or other capacity or iescri Lion; if by ofaleer of car- ',oration, or- ', ion, then insert rStt name a e- of such Officer ffdic r wised Statutes he1rodent or other officers of auoh corporation, naming it Statutory day of March, cial seal. i e Soak 418 Page 43 • mil roam"LwGu Prhlfi'1'oc1 iF�sI11�Y1 �,t�, �I II I Reeept i ontt : 846761 02,2012014 04 11 t0 PM Jean Fllberice 1 of 2 Rec Fee S16 00 Doc Fee 0 00 GARFIELD COUNTY CO QUIT CLAIM DEED Alpine Bank, for the consideration of Ten Dollars and other good and valuable consider- ation, in hand paid, hereby sells and quit claims to Bethel Party Rentals, Inc., whose address is 5396 County Road 154, #3, Glenwood Springs, CO 81601, all right, title and interest it may have in and to any water rights, including, without limitation, the Stowe Well, decreed in Case No. W-1798, District Court in and for Water Division No. 5, and permitted as Colorado Division of Water Resources Well Permit No. 34292, appurtenant to the following real property in the County of Garfield, State of Colorado, to wit: A parcel of land situated in Lots 18, 20, 21, and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Comer to the Northwest Corner of Lot 36, Section 1 with a brass cap found In place and properly marked (whence the true Northwest Corner bears S. 01 degrees 11'05" W. 10.00 feet); thence S. 40 degrees 47'07" W 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders Office; thence S. 87 degrees 4T00" E. along said line 112.03 feet to the True Point of Beginning; thence S. 87 degrees 47'00" E. 150.08 feet; thence S. 87 degrees 47'00" E 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Westem Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02 degrees 13132", a distance of 68.37 feet (chord bears S. 22 degrees 19'53" E. 68.37 feet); thence leaving said line S. 03 degrees 15'00" W. (bounded on the east by Reception No. 261923) 39.58 feet; thence N. 87 degrees 06'00" W. 0.11 feet; thence S. 02 degrees 32'00" E. (bounded on the east by Reception No. 261923) 81.26 feet; thence S. 17 degrees 00'00" E. (bounded on the east by Reception No. 261923) 79.94 feet; thence S. 18 degrees 38'00" E. (bounded on the east by Reception No. 261923) 20.00 feet; thence S. 84 degrees 24'20" W. thence S. 88 degrees 59'26" W. thence S. 00 degrees 04'46" W. thence N. 62 degrees 16'10" W. thence N. 86 degrees 49'13" W. thence N. 09 degrees 02'12" W. 78.19 feet; 126.34 feet; 120.10 feet; 56.50 feet; 30.84 feet; 333.40 feet; cod arc-- t`S GnlQn.u_.nod S pri n55 Cro' lcod I State Documentary Fee $ SPECIAL WARRANTY DEED Alpine Bank, whose address is 2020 Grand Avenue, Glenwood Springs, CO 81601, for the consideration of Six Hundred Sixty Two Thousand Five Hundred Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Bethel Party Rentals, Inc., whose address is 5396 County Road 154, #3, Glenwood Springs, CO 81601, the following real property in the County of Garfield, State of Colorado, to wit: A parcel of land situated in Lots 18, 20, 21, and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northwest Corner of Lot 36, Section 1 with a brass cap found in place and properly marked (whence the true Northwest Corner bears S. 01 degrees 11'05" W. 10.00 feet); thence S, 40 degrees 47`07" W 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders Office; thence S. 87 degrees 47'00" E. along said line 112.03 feet to the True Point of Beginning; thence S. 87 degrees 47'00" E. 150.08 feet; thence S. 87 degrees 47'00" E 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02 degrees 13'32", a distance of 68.37 feet (chord bears S. 22 degrees 19'53" E. 68.37 feet); thence leaving said line S. 03 degrees 15'00" W. (bounded on the east by Reception No. 261923) 39.58 feet; thence N. 87 degrees 06'00" W. 0.11 feet; thence S. 02 degrees 32'00" E. (bounded on the east by Reception No. 261923) 81.26 feet; thence S. 17 degrees 00'00" E. (bounded on the east by Reception No. 261923) 79.94 feet; thence S. 18 degrees 38'00" E. (bounded on the east by Reception No. 261923) 20.00 feet; thence S. 84 degrees 24'20" W. 78.19 feet; thence S. 88 degrees 59'26" W. 126.34 feet; thence S. 00 degrees 04'46" W. 120.10 feet; thence N. 62 degrees 16'10" W. 56.50 feet; thence N. 86 degrees 49'13" W. 30.84 feet; thence N. 09 degrees 02'12" W. 333.40 feet; . 1111 FANO Ik OId 1klk1311511101.Igi ii 11111 Receptiontt: 846761 02/2812014 04 11 18 PM Jean Albertoo 2 of 2 Roo Fee $16 00 Doc Foe 0 00 GARFIELD COUNTY CO thence S. 80 degrees 40'12" E. 99.97 feet along the south line of Resolution No. 80- 151; thence along the easterly line of said Resolution the following seven (7) courses: 1.) N. 09 degrees 19'48" E. 4.00 feet; 2.) N. 39 degrees 35'11" E. 6.95 feet; 3.) S. 80 degrees 40112" E. 25.08 feet; 4.) N. 09 degrees 19'48" E. 27.38 feet; 5.) N. 87 degrees 47'00" W. 28.00 feet; 6.) N. 47 degrees 52'32" W. 6.08 feet; 7.) N. 02 degrees 13'00" E. 37.74 feet to the True Point of Beginning. County of Garfield, State of Colorado. Said Parcel is sometimes described as: Parcel 1 Stowe Exemption, as Amended. also known by street and number as 5447 County Road 154, Glenwood Springs, CO 81601. DATED this tl ? day of f'r I' u.ox , , 2014. ALPINE BANK STATE OF COLORADO COUNTY OF GARFIELD ) )ss. ) By: Subscribed, sworn to, and acknowledged before me this -1 day of rre reuxt.r,.J 2014, by K . WilSfsln as or\Act_ Prtd .) S,of Alpine Bank. Witness my hand and official seal. My commission expires: ' i r ctaJ-k iD d rY . Notary Public LINDA GABOSSI NOTARY PUBLIC STATE OF COLORADO NOTARY ID #18394007523 My Commission Expires May 23, 2017 File No. 1310021-3 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to he issued will contain exceptions to the following matters unless the same arc disposed of to the satisfaction of the company: I. Rights or claims of parties in possession not shown by the Public record,. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, and any facts- which a correct survey and inspection of the premises would disclose. and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unified mechanic's and materialmen's liens. 1. 5. Defects, liens, encumbrances, adverse claims or other matter;:, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessment; and unredeemed it sales, Note: Exception 6 will read: "General taxes and assessments for the year 2013 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of nay for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 17, 1897 in Book 12 at Page 460 and December 14, 1961 in Book 338 at Page 126. 10. Reservation ofan undivided 1:2 interest in and to all oil,gas and other minerals in instrument recorded March 24, 1971 in Book 418 at Page 42 and any and all assignments thereof or interests therein 11. Reser-ration ofan undivided one-half interest in all oil. gas and other minerals in instrument recorded February 3, 1975 in Book 468 at Page 588 and any and all assignments thereof or interests therein. 12. Garfield County Resolution No. 83-327 recorded October 17, 1983 in Book 637 at Page 436 and Resolution No. 83-358 recorded December 6, 1983 in Book 639 at Page 901. 13. Terms and conditions of Well and Water Agreement recorded 1 ebruar} 9, 1995 in Book 931 at Page 208. 14. Right of way easement granted to I lot} Cross Electric Association Inc. in instrument recorded August 19. 1977 in Book 499 at Page 967. 15. Easement granted to TCI Cablevision of Colorado in instrument recorded September 22. 1993 in Book 876 at Page 252, 16. Easements. rights of way and all other matters disclosed on the Stowe Exemption Plat recorded December 12. 1983 as Reception No. 348082. 17. Right of way for ditches and canals in place and in use. 18. Any loss, claim or damage due to the location of fences. (NOTE This exception will appear on the Owner's Policy only ) NOTE: EXCEPTION(S) 1.23 AND 4 WILL NOT APPEAR IN THE OWNERS AND MORTGAGEE'S POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment. if any, shall contain, in addition to the Items set forth in Schedule 13 - Section 2, the following items: (1) The Deed of Trust, lion)... required under Schedule 13- Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompany ing arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule 13- Section 2 Form 1004-12 State Documentary Fee S SPECIAL WARRANTY DEED Alpine Bank, whose address is 2020 Grand Avenue, Glenwood Springs, CO 81601, for the consideration of Six Hundred Sixty Two Thousand Five Hundred Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Bethel Party Rentals, Inc. whose address is 5396 County Road 154, #3, Glenwood Springs, CO 81601, the following real property in the County of Garfield, State of Colorado, to wit: A parcel of land situated in Lots 18, 20, 21, and 36 of Section 1, Township 7 South. Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northwest Comer of Lot 36, Section 1 with a brass cap found in place and properly marked (whence the true Northwest Corner bears S. 01 degrees 11'05" W. 10.00 feet): thence S. 40 degrees 47'07" W 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders Office; thence 5. 87 degrees 47'00" E. along said line 112.03 feet to the True Point of Beginning; thence S. 87 degrees 47'00" E. 150.08 feet; thence S. 87 degrees 47'00" E 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02 degrees 13'32', a distance of 68.37 feet (chord bears S 22 degrees 19'53" E. 68.37 feet), thence leaving said line S. 03 degrees 15'00" W. (bounded on the east by Reception No. 261923) 39.58 feet; thence N. 87 degrees 06'00" W. 0.11 feet; thence S. 02 degrees 32'00" E. (bounded on the east by Reception No. 261923) 81.26 feet; thence S. 17 degrees 00'00" E. (bounded on the east by Reception No. 261923; 79.94 feet; thence S 18 degrees 3800" E. (bounded on the east b.; ?ecept,on No. 261923`: 20.00 feet thence S 24 degrees 24'20" W 78 19 feet thence S 88 degrees 59'26" W. 126.34 feet: :hence S OC deg-ees 34'46" W 12010 feet :hence N 62 degrees 16'10' W 56.50 feet. hence N 86 degrees 49'13" W 30 84 feet thence N 09 degrees 32'12' W 333 43 'ee. File No. 1310021-3 EXHIBIT "A" A parcel of land situated in Lots 18, 20, 21 and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the witness corner to the Northwest corner of Lot 36, Section 1 a brass cap found in place and properly marked (whence the true Northwest Corner bears South 01°11'05" West 10.00 feet); thence South 40°47'07" West 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders office; thence South 87°47'00" East along said line 112.03 feet to the TRUE POINT OF BEGINNING; thence South 87°47'00" East 150.08 feet; thence South 87°47'00" East 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02°13'32", a distance of 68.37 feet (chord bears South 22°19'53" East 68.37 feet); thence leaving said line South 03°15'00" West (bounded on the east by Reception No. 26I923) 39.58 feet; thence North 87°06'00" West 0.11 feet; thence South 02°32'00" East (bounded on the east by Reception No. 261923) 81.26 feet; thence South 17°00'00" East (bounded on the east by Reception No. 261923) 79.94 feet; thence South I8°38'00" East (bounded on the east by Reception No. 261923) 20.00 feet; thence South 84°24'20" West 78.19 feet; thence South 88°59'26" West 12634 feet; thence South 00'04'46" West 120.10 feet; thence North 62°16'10" West 56.50 feet; thence North 86°49'13" West 30.84 feet; thence North 09°02'12" West 333.40 feet; thence South 80°40'12" East 99.97 feet along the south line of Resolution No. 80-151; thence along the easterly line of said Resolution the following seven (7) courses; 1) North 09°19'48" East 4.00 feet; 2) North 39°35'11" East 6.95 feet; 3) South 80°40'12" East 25.08 feet; 4) North 09°19'48" East 27.38 feet; 5) North 87°47'00" West 28.00 feet; 6) North 47°52'32" West 6.08 feet; 7) North 02°13'00" East 37.74 feet to the True Point of Beginning Said Parcel is sometimes described as: Parcel 1 Stowe Exemption, As Amended FILE NO. 1310021-3 FINAL AFFIDAVIT AND AGREEMENT RE: Real Estate and improvements located at 5447 County Road 154 Glenwood Springs in the County of Garfield, State o. Colorado, and more particularly described as follows, to wit {Legg: Description): See Attached Exhibit "A" SELLER AND/OR GENERAL CONTRACTOR PORTION The undersigned, Kent Wilson as Senior Vice President of Alpine Bank as the General Contractor for and/ or as Seller of the improvements on the herein described property, being first duly sworn on oath, for the purpose of inducing COMMONWEALTH LAND TITLE INSURANCE COMPANY to issue its Mortgagee's and/or Owner's Policy of Title Insurance, in connection with the property described in said Commitment, without exception as to mechanics' or other statutory liens, or any rights ttereto, where no notice of such liens or rights appear of record, does hereby make the following representations to COMMONWEALTH LAND TITLE INSURANCE COMPANY with full knowledge and intent that said company shall rely thereon: . That all persons, firms and corporations, including the General Contractor and all subcontractors who have furnished services, labor or materials used in connection with the construction of improvements on the real estate herein described, have been paid in fill. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractcr, laborer or materialmana, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements lave been made, or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in said premises. 3. That all of the improvements constructed on the real estate herein i escribed were completed on or before IL-21•ic,1 . The undersigned further does hereby agree lo protect, defend and save harmless the mortgagee and COMMONWEALTH LAND TITLE INSURANCE COMPANY against any and all liability, loss, damage, costs and attorneys fees by reason of any claim or liens for services, labor, or materials used in connection with the construction of said improvements. Alpine B . k By. r Kent'son, Senior Vice President STATE OF Colorado COUNTY OF Garfield ) ss. By: The foregoing instrument was azknow;_dged, subscribed and s sv.'.27.1 bef:re me : n February, 27, 2;": .4 Kent Wikon as Senor V1ce President of Alpine Bank. as Seller and as General Contrac:or. WITNESS my hand and official sea:. My Commiss'on etpires. UNND.A GA.OSSi NCr.�1'r' P CF ..� cL.r3ei ,..1C, N b1 GLENWOOD SPRINGS OFFICE The Denver Center 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhccht.com January 28, 20I5 David D. Smith dsmith o izarfieldhecht.com Glenn Hartmann Garfield County Community Development 108 8th Street Suite 401 Glenwood Springs. CO 8160I Re: Bethel Party Rentals land use application for 5447 CR 154 (the "Subject Property") Glenn: At your request, this correspondence traces tl'_L investigation conducted into the parking easement ("Easement`) lut.ated on the Subject Propert). The information below is provided to give context for the applicant's assertion that. the Easement was not adequately described and dedicated and therefore should not encumber the Subject Property in such a way that the land use application should be denied Or conditioned. [ his letter does not constitute a formal legal opinion by the undersigned or by Garfield & Hechl, P.C. The Stowe Subdivision Exemption was approved by the County in 1983 pursuant to Resolution 83-327. The original resolution did not reference any parking easement. The approval was amended by Resolution 83-358 to add a legal description of the Easement, but it does not contain any additional description of the purpose of the easement beyond the word "parking" nor does it contain any information about the beneficiary of the Easement. The Stowe Subdivision Exemption plat was then recorded December 12, 1983 as reception number 348082. Again it contains a legal description and visual depiction of the Easement, but the plat does not have a dedication certificate, offers no further explanation of the purpose of the easement. nor who is permitted to use it. Finally, an Amended Stowe Exemption Plat was recorded in 1989 as reception number 402248, but no additional information was provided about the Easement. Review of the County's land use case file from the 1983 approval did not reveal any additional information concerning the scope of the Easement or the intended beneficiary. The applicant obtained a title commitment from Commonwealth Title when it went under contract on the Subject Property. The commitment did not show any additional documents that would shed light on the Easement. There was no evidence of additional deeds or other legal instruments conveying the Easement to d 3rA party. Aspen • Avon • Basalt • Glenwood Springs • Rifle Printed on recycled paper GARFIELD & HECHT, P.C. Hartman January 28, 2015 Page 2 of 2 The applicant also spoke to the seller of the Subject Property, Walt Stowe, about the nature of the Easement. The seller was not able to provide any additional context for the dedication, nor any evidence of historic use of the Easement. Finally, the applicant also had a survey performed on the Subject Property prior to purchase. The survey noted the parking easement, but again did not find any evidence of formal dedication. See note 9 of the survey attached. In Colorado an express easement is valid if the parties, location, dimensions and scope, are clearly described. These requirements are to be set forth in the document that created the Easement. See Lazy Dog Ranch v. Telluray Ranch Corp. 965 P.2d 1229 (Colo. 1998). In the event that one of these reeuirenents cannot be readily' disCPrn. d_ then -one ma) look to the use (historic or otherwise) of the easement. Express easements may be dedicated by plat, deed, or separate written agreement, but the instrument must be clear concerning the dedication. Here the problem is that the document creating the Easement (namely the Stowe Exemption Plat, as Amended) does not have any dedication language indicating the intended beneficiary of the Easement Nor is the scope of the Easement clear beyond the simple demarcation that it is for "parking." The Resolutions of apprcval do not help. Looking to the use of the Easement is also of no It.lp since Cu Easernent arca: las not been used by anyone except the owner of the Subject Proper. The Easement lacks adequate dedication language, and the easement is now over 30 years old with no actual use. After your review, please do not esitat contact me with any questions. 1188159 ® Printed on recycled paper fw insyk, ur. River Bend way A_1$ 21 a V •J �fuewnH 40J tal�guF1 sieluau )IJoA flulieoa 0 File No. 1310021-3 EXHIBIT "A" A parcel of land situated in Lots 18, 20, 21 and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the witness corner to the Northwest corner of Lot 36, Section 1 a brass cap found in place and properly marked (whence the true Northwest Corner bears South 01°11'05" West 10.00 feet); thence South 40°47'07" West 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders office; thence South 8747'00" East along said line 112.03 feet to the TRUE POINT OF BEGINNING; thence South 87°47'00" East 150.08 feet; thence South 87°47'00" East 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02°13'32", a distance of 68.37 feet (chord bears South 22°19'53" East 68.37 feet); thence leaving said line South 03°15'00" West (bounded on the east by Reception No. 261923) 39.58 feet; thence North 87°06'00" West 0.11 feet; thence South 02°32'00" East (bounded on the east by Reception No. 261923) 81.26 feet; thence South 17°00'00" East (bounded on the east by Reception No. 261923) 79.94 feet; thence South 18°38'00" East (bounded on the east by Reception No. 261923) 20.00 feet; thence South 84°2420" West 78.19 feet; thence South 88°59'26" West 126.34 feet; thence South 00°04'46" West 120.10 feet; thence North 62°16'10" West 56.50 feet; thence North 86°49'13" West 30.84 feet; thence North 09°0212" West 333.40 feet; thence South 80°40'12" East 99.97 feet along the south line of Resolution No. 80-151; thence along the easterly line of said Resolution the following seven (7) courses; 1) North 09°19'48" East 4.00 feet; 2) North 39°35'11" East 6.95 feet; 3) South 80°40'12" East 25.08 feet; 4) North 09°19'48" East 27.38 feet; 5) North 87°47'00" West 28.00 feet; 6) North 47°52'32" West 6.08 feet; 7) North 02°13'00" East 37.74 feet to the True Point of Beginning Said Parcel is sometimes described as: Parcel 1 Stowe Exemption, As Amended FILE NO. 1310021-3 FINAL AFFIDAVIT AND AGREEMENT RE: Real Estate and improvements located at 5447 County Road 154 Glenwood Springs in the County of Garfield, State of Colorado, and more particularly described as follows, to wit (Legal Description): See Attached Exhibit "A" SELLER AND/OR GENERAL CONTRACTOR PORTION The undersigned, Kent Wilson as Senior Vice President of Alpine Bank as the General Contractor for and/ or as Seller of the improvements on the herein described property, being first duly sworn on oath, for the purpose of inducing COMMONWEALTH LAND TITLE INSURANCE COMPANY to issue its Mortgagee's and/or Owner's Policy of Tide Insurance, in connection with the property described in said Commihnent, without exception as to mechanics' or other statutory liens, or any rights thereto, where no notice of such liens or rights appear of record, does hereby make the following representations to COMMONWEALTH LAND TITLE INSURANCE COMPANY with full knowledge and intent that said company shall rely thereon: L That all persons, firms and corporations, including the General Contractor and all subcontractors who have furnished services, labor or materials used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made, or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in said premises. 3. That all of the improvements constructed on the real estate herein described were completed on or before The undersigned further does hereby agree to protect, defend and save harmless the mortgagee and COMMONWEALTH LAND TITLE INSURANCE COMPANY against any and all liability, loss, damage, costs and attorneys fees by reason of any claim or liens for services, labor, or materials used in connection with the construction of said improvements. Alpine Balk By: Kent Wilson, Senior Vice President STATE OF Colorado ) ss. COUNTY OF Garfield By: The foregoing instrument was acknowledged, subscribed and sworn before me on February 27, 2014 by Kent Wilson as Senior Vice President of Alpine Bank, as Seller and as General Contractor. WITNESS my hand and official seal. My Commission expires: LINDA OABOSSt NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19394001/523 mmission Expires May 23, 2017 Form 3227 Notary Public December 18, 2014 RED HOUSE architecture design + build Garfield County Building Department 108 8th Street Glenwood Springs, CO 81601 Re: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Subject: Neighboring Addresses Wayne and Susan Rudd 132 Park Avenue Basalt, CO 81621-9338 Rudd Limited Liability Company 132 Park Avenue Basalt, CO 81621 Tap Land Company LLP PO Box 1128 Carbondale, CO 81623 Arrie M Shaw Revocable Trust 55 Coryell Ridge Road Glenwood Springs, CO 81601 Gaile and Jeanette Steckel 314 Coryell Ridge Road Glenwood Springs, CO 81601-9669 Lucky and Good LLC 252 Coryell Ridge Road Glenwood Springs, CO 81601 Henry Thomas Willison Trust/Linda Lee Trust 344 Coryell Ridge Road Glenwood Springs, CO 81601 815 blake avenue glenwood springs colorado 816101 p 970 945 8240 f 970 947 9137 www.redhousearchitecture.com December 18, 2014 Alice Bell 228 Coryell Ridge Road Glenwood Springs, CO 81601-9602 H Lazy F Mini Storage LLC 5317 County Road 154, Ste 201 Glenwood Springs, CO 81601 JLB Companies LLC 7086 S. Highland Drive #250 Salt Lake City, UT 84121 Lucy M Cordova PO Box 94 Fort Garland, CO 81133-0094 Roaring Fork Transportation Authority 530 East Main Street Aspen, CO 81611 Cory Adams LLC 333 Lions Ridge Road Carbondale, CO 81623 H Lazy F LLC PO Box 185 Carbondale, CO 81623 John Stowe PO Box 1975 Glenwood Springs, CO 81602 Karen M Stowe 1801 Ouray Road Glenwood Springs, CO 81601 Board of County Commissioners, Garfield County 108 8th Street Glenwood Springs, CO 81601 0755 L3 815 blake avenue glenwood springs colorado 816101 p 970 945 8240 f 970 947 9137 www.redhousearchitecture.com GARFIELD COUNTY Community Development Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBERS: 2395-014-00-113 DATE: 11/10/14 PROJECT: Second Amended Plat Stowe Exemption Plat, Parcel 1 OWNERS: Bethel Party Rentals Inc. (Parcel 1) REPRESENTATIVE: Bruce Barth, Red House Architecture PRACTICAL LOCATION: 5447 County Road 154, approximately 5 miles south of the City of Glenwood Springs. ZONING: Commercial Limited (CL) LOT SIZES: Parcel 1 - 2.00 acres TYPE OF APPLICATION: Amended Plat I. GENERAL PROJECT DESCRIPTION The Applicant is planning to request an amended plat for the Subdivision Exemption to eliminate the parking easement that is shown on Parcel 1. Preliminary research has not determined to whom the easement was granted and not provided any additional detail on its purpose other than for parking. Said research included consultation with the County Attorney's Office and the direction that the application will need to include a formal relinquishment of easement document signed by the owner of Parcel 2. No other changes to the plat are requested or proposed. No new lots would be created and no changes to access, utilities, or other related easements are proposed. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS The Amended Plat process is an Administrative Review, with decision by the Director of the Community Development Department. Public notice 15 days prior to the Director's Decision is required by mailing to adjacent property owners within 200 ft. and mineral rights owners of the subject parcel. The decision can be called up for review by the Board of County Commissioners. • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code o Section 5-305 Amended Final Plat o Table 5-401 Submittal Requirements o Table 5-103 Common Review Procedures and Required Notice o Section 4-103 Administrative Review o Section 5-402 Description of Submittal Requirements o Article 7, Division I, 11, and 111, as applicable o Section 4-118, Waivers from Standards o Section 4-202, Waivers from Submittal Requirements III. REVIEW PROCESS 1. Pre -application Conference 2. Submittal of the Application (3 hardcopies, 1 on CD) 3. Determination of Completeness and submittal of additional copies of the Application for referrals 4. Scheduling of a date for the Director's Decision 5. Completion of required public notice (certified mailing to adjacent property owners and mineral rights owners) 5. Evaluation by Director/Staff Review 6. Director's Decision 7. Ten Day Call-up Period 8. Finalize Plat, Verify Conditions have been Satisfied, circulation of plat for signatures 9. Execution of the Plat by the Board of County Commissioners and Recording IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: Proof of Ownership for the parcel (title work or copy of a deed) and information on any lien holders. • Names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. • If owner intends to have a representative (Planner/Surveyor or Attorney) complete the Application and processing then a letter of authorization is needed. • Copy of the Pre -application Summary needs to be submitted with the Application. • Copy of the Application Form, Application Fees and signed Payment Agreement Form. • The proposed amended plat with all standard certificates showing Parcel 1 with the removal of the parking easement. A plat note indicating the purpose of the amended plat should be included. • The plat should include improvement location information relevant to the area of the proposed amendment. • Vicinity Map. • A copy of the current existing Amended Stowe Exemption Plat and Resolution of Approval. • The Application will need to include either a relinquishment of easement certificate on the plat to be signed by the owner of Parcel 2 or a separate relinquishment of easement agreement to be signed by the owner of Parcel 2 and recorded prior to or concurrently with the amended plat. • In regard to Article VII, the Applicant may include representations regarding the lack of applicability of certain standards. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, utility services or any other applicable provision of Article 7. • The Application may include requests for waivers from certain submittal requirements including provision of an Improvements Agreement, based on Section 4-202. • Information on any covenants applicable to the property should be provided. • A narrative describing the request. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: X Director's Decision (with notice — not a public hearing) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Surveyor, Garfield County Attorney, Garfield County Road and Bridge Department. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Glenn Hartmann Date Senior Planner Approximately 2 months if submittal is complete Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference *Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review •10 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision •Call-up Period - within 10 days of Director's Decision *Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. l HLh3fco Fee 0 00 GPRFTEID COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §38--30-172, the undersigned executes this Statement of Authority on behalf of EC ifilFJ Ftt�lj "RFi1fn1\5 Irl( ,aLiwitH i,ini-A11-6.1(Ontri scorporation,limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is ,( T� and is formed under the laws of Lf, 'li a ) K t> ota S 7 Cid c The mailing address for the Entity is -I- ', box 3 `3)-4 e k VAlcYci yav1(„ Wfl The name and/or position of the person authorized to execute ins otherwise affeNctingtit,le to realproperty on behalf of the Entity is }1'Ycurie nj /Ohener uments conveying, encumbering, or �x .1 aLreu The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Other matters concerning the manner in which the Entity deals with any interest no other matter, leave this section blank): n real property are (if EXECUTED this 13 day of `.y{ U , 20 15 - Signature: Signature: Name (printed): Title (if any): The foregoing instrument was acknowledged before me this by i.ti(1t`ti y1 K, -ht=:i`('ern , on behalf of Lt"rvt't�rd LinVili�t� (!t;rrlR>nitki . F2MINDA HINUCA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 020014016947 STATE OF COUNTY OF &&ar )SS. Witness my hand and official seal.( My commission expires:/!; "'" 74 (Date) [SEAL] (Notary Public) February 19, 2015 Garfield County Bruce Barth 815 Blake Ave. Glenwood Springs, CO 81601 Community Development Department RE: Stowe Exemption Amended Plat submitted by Bethel Party Rentals (File No. FPAA-8178) Dear Bruce: Thank you for the supplemental Application materials you have provided for the Amended Plat Application for the Stowe Subdivision Exemption. The Application has been reviewed for completeness in accordance with the Land Use and Development Code and in conjunction with the County Attorney's Office. This letter is to advise you that that the application has been deemed technically complete and scheduled for a decision by the Director of the Community Development Department. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Land Use and Development Code or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Building and Planning Department will render a decision has been set for March 19, 2015. Public notice at least 15 days prior to the Director's Decision is required by certified mail, to the owners of record of all property adjacent to the property and within 200 ft. and by certified mail/return receipt requested to the mineral owners of record for the subject property. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Community Development Department prior to the Director's Decision. Details regarding the notice requirements are found in the Land Use and Development Code in Table 4-102 and Sections 4-101(E) and 4-103(B). The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed Land Use Change, the contact information for the Community Development Department and the date that the Director will make a decision. have enclosed an appropriate public notice for the Director's Decision consistent with the code section noted above. This document is provided to you as a courtesy. The Applicant must verify that all information in this document is correct and attach or insert all required information. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Additional copies of the submittals should be provided by the Applicant by Tuesday, February 24th. The copies need to be complete and include all supplemental submittals. 2. Referrals will be sent out on February 25th with comments requested within 21 days. 3. Public Notice must be mailed by the Applicant 15 days prior to the date set for the Director's Decision (mailing no later than March 41h). The Applicant will provide the proof of mailing (mailing receipts and certified retum receipts) prior to the Director's Decision along with the Public Notice Information Form (see attached). 4. Referral Comments are due back on March 18th at which time the Staff Report will be finalized. 5. On March 19th the Director of the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 6. The Board of County Commissioners will be provided notice of the Director's decision and has 10 days to request a public hearing (call-up). 7. If the call up time period expires without a request for a hearing, the Planner will proceed with verification of completion of any conditions of approval and required changes to the plat. 8. Once all conditions are met and the plat finalized, the plat is prepared for submittal to the Board of County Commissioners for signature and recording. Please submit by Tuesday, February 24th, five complete copies of your application including all supplemental materials, electronically on CD's. Please contact me if you have any questions or need clarification regarding the processing of your application and the public notice requirements. Sincerely, 7 Glenn Hartmann Senior Planner PUBLIC NOTICE TAKE NOTICE that Martin Herrera, Bethel Party Rentals, Inc., has applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Review for an Amended Final Plat of Parcel 1, of the Amended Stowe Exemption Plat on property situated in the County of Garfield, State of Colorado; to - wit: Legal Description: TO BE INSERTED OR ATTACHED BY THE APPLICANT Practical Description: The property is located approximately 5 miles south of Glenwood Springs off of County Road 154. The property is located at 5447 County Road 154, Glenwood Springs, CO 81601, and is known by Assessor's Parcel No. 2395-014-00- 113. Description of Request: The Applicant is requesting an amendment to the Amended Stowe Exemption Plat to remove a parking easement from the plat to allow for additional development of the parcel. The parking easement is located on the Applicant's lot, Parcel 1. The property is zoned Commercial Limited (CIL). The File No. is FPAA-8178. Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for an Amended Final Plat are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on March 19, 2015. Any comments to be considered must be received prior to that date. 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