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Home My WebLink About1.0 ApplicationGarfield Count ' Cominunity Development Department �j 4 108 8th Street, Suite 401 Glenwood Springs, CO 81601 GARFII LD COLIN rV (970) 945-8212 DNMMUNilY DEVE[ 7F:','i' tirww.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION 0 Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary 0 Final Conservation Subdivision ❑ Yield ❑ Sketch 0 Preliminary ❑ Time Extension ❑ Preliminary Plan Amendment ® Final Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Final J ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Jeffery Klarner and Sandra Linn 303 462-3132 Name: Phone: ( ) 1910 Glen Dale Drive Mailing Address: Lakewood City: State: Zip Code: sklinn@earthlink.net CO 80215 E-mail: Representative (Authorization Required) Name: Phone: Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: 2nd Amended Traul Exemption Assessor's Parcel Number: 2395 Physical/Street Address: Legal Description: 154 TBD County Road 117 00 014 z3e- Parcels A and B Traul Exemption Rural Zone District: Property Size (acres): 2.67 to 3.13 Project Description Existing Use: Vacant Proposed Use (From Use Table 3-403): Residential Description of Project: Amend common lot line Proposed Development Area Land Use Type # of Lots Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total # of Units Acreage Parking REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203j Dev. Agreement Section: 4-203K Imp. Agreement 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 accurate to the best of my knowledge. 11-14- Signature`6f Property °wrier Date OFFICIAL USE ONLY File Number•f V x. n - v o t) Fee Paid: $ 'OO •0 Letter of Explanation Boundary Line Adjustment/Plat Adjustment Linn/Klarner and Hawkins Traul Subdivision Exemption The Applicants, Sandra K. Linn and Jeffery C. Klarner, request an Amended Final Plat to Parcel A of the Traul Subdivision Exemption. The purpose is to accept a conveyance from the owners, James N. and Sharill J. Hawkins of Parcel B (South Parcel) of the Traul Subdivision Exemption. The conveyance will add 0.46 acres to Parcel A, increasing it from 2.67 acres to 3.13 acres. The conveyance is to align the property line between the two parcels with a portion of an existing gravel road. This will provide a preferred access to Parcel A for future planned driveway. The adjoining Parcel B is approximately 5.38 acres in size, will be reduced by the 0.46 acres to 4.92 acres. Both parcels will remain consistent with the dimensional standards for the Rural Zone District. The Amended Plat will not create any nonconforming conditions. There are no covenants associated with these properties. It is also the intent of the applicants to vacate a 25 foot access and utility easement, recorded October 6, 2009 as reception No. 776032. It is located near the southwestem area of Parcel A and will become irrelevant for future needs. NOTIFICATION TO ADJACENT PROPERTY OWNERS Of an application for a Boundary Line Adjustment/Plat Adjustment Parcels A and B Traul Subdivision Exemption In accordance with Garfield County Community Development regulations, property owners that are within 200' a property that has submitted an application for a Plat Adjustment must be notified in writing prior to the submittal of the application to the County. The Applicants, Sandra K. Linn and Jeffery C. Klarner, request an Amended Final Plat to Parcel A and Parcel B of the Traul Subdivision Exemption. The purpose is to accept a conveyance from the owners, James N. and Sharill J. Hawkins of Parcel B (South Parcel) of the, Traul Subdivision Exemption. The conveyance will add 0.46 acres to Parcel A, increasing it from 2.67 acres to 3.13 acres. The conveyance is to align the property line between the two parcels with a portion of an existing gravel road. This will provide a preferred access to Parcel A for future planned driveway. The adjoining Parcel B is approximately 5.38 acres in size, will be reduced by the 0.46 acres to 4.92 acres. Both parcels will remain consistent with the dimensional standards for the Rural Zone District. The Amended Plat will not create any nonconforming conditions. It is also the intent of the applicants to vacate a 25 foot access and utility easement, recorded October 6, 2009 as reception No. 776032. It is located near the southwestern area of Parcel A and will become irrelevant for future needs. This is just a notification and does not require a response. All applications are public information once submitted and can be reviewed at the Garfield County Community Development Department at 108 8th Street, Suite 401; Glenwood Springs, CO 81601; (970) 945-8212. September 10, 2014 Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 To whom it may concern, We, the undersigned, have arrived at an agreement with Jeffery Klarner and Sandra Linn to purchase a small piece of our property. As a result, we are requesting an adjustment of the plat according to the application submitted by the purchasers. Our signatures below indicate that we are in support of their application for this amendment to the plat. Sincerely, Z2 Jame . Hawkins Sharill Hawkins Garfield County Clerk & Recorder - Search Results Page 1 of 1 Return to Search Results You searched for: RecDatelD >= Wed Feb 21 00:00:00 MST 1883 and <= Wed Aug 06 00:00:00 MDT 2014 and Section=15 and Township=7 and Range=89 and docsearchPOST.DocTypeSearchOver=Mineral Deed (1) 2 items found, displaying all items.1 Description Summary Mineral Rec Date: 04/02/2010 03:47:57 PM BookPage: Related: Deed (1) 784207 Grantor: LYNCH, DON LAWSON, LYNCH, CHRISTINE G Notes: Mineral Rec Date: 12/27/2012 01:10:01 PM Deed (1) 829030 Grantor: DON L LYNCH AND CHRISTINE G LYNCH JOINT LIVING TRUST, LYNCH, CHRISTINE G -TRUSTEE Notes: 2 items found, displaying all items.1 Grantee: LYNCH, DON L - TRUSTEE, LYNCH, CHARISTINE G, DON L LYNCH AND CHRISTINE G LYNCH JOINT LIVING TRUST Legal: Section: 15 Township: 7S Range: 89W SEE DOCUMENT, BookPage: Related: Grantee: DON L LYNCH AND CHRISTINE G LYNCH JOINT LIVING TRUST, LYNCH, LUKE L, LICHT, JOANNE Legal: Section: 15 Township: 7S Range: 89W SEE DOCUMENT Return to Search Results 6,02 CwNN D(Z &i',iJ 5 5 (bo 1 https://act.garfield-county.com/recorder/eagleweb/docSearchResults.j sp?searchld=0&print... 8/13/2014 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION .=CONFERENCE SUMMARY TAX PARCEL NUMBER: 239515400014 and 239515400013 PROJECT: Traul Exemption Plat Amendment OWNERS/APPLICANT: LINN, SANDRA K & KLARNER, JEFFERY C; HAWKINS, JAMES N & SHARILL J REPRESENTATIVE: Sandra Linn PRACTICAL LOCATION: Traul Exemption — North and South Parcels — CR 117 ZONING: Rural TYPE OF APPLICATION: Final Plat Amendment DATE: April 15, 2014 I. GENERAL PROJECT DESCRIPTION The applicant is requesting the adjustment of a platted property line so that the property boundary between the North and South Parcels will follow the access driveway as it exists today. The amendment will move the existing property line of the North Parcel to the south to follow the access drive. It is estimated that the proposed Plat Amendment would add approximately 0.46 acres to the North Parcel from the South Parcel. In addition, the applicants would like to adjust the easement location for the access driveway to match where the driveway currently exists. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements 1 III. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4- 203.B. These application materials are generally summarized below: ■ Application Form ■ Ownership Documentation (deed) for both lots and title information indicating if there are any lien holders ■ Statement of Authority or Letter of Authorization, as necessary ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parceis. ■ Vicinity Map ■ Improvements Agreement (may be waived upon request) ' ■ Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) ■ Code, Covenants, Restrictions (may be waived upon request) Submit three paper copies and one CD for both applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: X None (Director's Decision) _Planning Commission Board of County Commissioners _ Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, and State of Colorado, CDPHE, and Division of Water Resources. V. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 100.00 $ TBD — consulting engineer/civil engineer fees $ 100.00 (additional hours are billed at $40.50 /hour) 2 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. The Director's decision is subject to a 10 - day call-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. 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: David Pesnichak, AICP —Senior Planner Da e 3 September 11, 2014 To whom it may concern, For the 2nd amendment to the Traul exemption, we are requesting a waiver of the Covenants, Codes and Restrictions as well as a waiver of the Improvements Agreement. Neither applies to the property. Respectfully, Jeffery Klarner and Sandra Linn September 11, 2014 In order to determine the owner of the mineral deed of the property which is involved in the 2nd amendment of the Traul exemption, I searched the Garfield County Clerk and Recorder's documents on August 13, 2014. My findings have been submitted as part of this application. Sandra Linn PROPERTY OWNERS WITHIN 200 FEET OF PROPOSED AMENDED PLAT TRAUL, JOHN M. JR. 15537 SE ELINOR ST CLACKAMAS TRULOVE, TY & TINA 6445 COUNTY 117 GWS CO JESSUP, KIM R &THEODORE A 705 VICTOR DRIVE HAWKINS, DALE R & JEAN E 46 E SOPRIS CT GWS ELY, DORIS M REVOCABLE TRUST 38 E SOPRIS CT GREER, R GREG 403 W VALE CIR GWS CO MILLER, JANICE C 26 E SOPRIS COURT GWS STEEN, CORY F & JENNIFER H 56 S MEADOW VIEW CT CAVE, KELLY D 52 S MEADOW VIEW CT GWS CO ASTRACH, JAMES M & LYNN J 48 S MEADOWVIEW GWS CONOLLY, HARRY B & NANCY G 174 PEARL ST GROTON OR 97015 81601 GRAND JUNCTION CO 81506 CO 81601 GWS CO 81601 81601 OAK MEADOWS HOA PO BOX 1334 GWS CO 81602 OAK MEADOWS DEV CORP PO BOX 1298 GWS CO 81602 GWS CO 81601 81601 CO 81601 CT 63408 Garfield County, CO 1 Map Print Page 1 of 1 Owner Information HAWKINS, JAMES N & SHARILL J 6471 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 Parcel Number: 239515400013 Site Information Acres: 5.38 Account Number: R081024 a i'fi e I d CountyCO Phis map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The use acknowledges and accepts all Inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and ate Printed: 9/26/2014 correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. http://garfieldco.mygisonline.com/print/?extent=300442.7303 5247,4367768.5248206,3015... 9/26/2014 21 ••••••••• •••••I••• 'MENNE. ••••••,... 28 irfield County, CO Pocohantas Spur r r. I This map Is for Illustrative purposes onlyand does not represent a survey. tt Is movided as ie without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, including the fact thatthe maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield ' " ' " • Recorded at o'clock urocr. WARRANTY DEED TIUS DEED. Made thu 15th day of April , 1997 , baweaa JONN N. TRAUL, SR. of the raid County of GARFIELD and State of COLORADO JAMS N. RANXINSJ ND_$SARILL J. HANKINS whore legal ddtea is 178 S CORONA DENVER, CO 80209 of the raid County of tad Sum of COLORADO , gran[, Lad grantee: DOC FEE AgloVak F%' w17WESS, the tu visor, for .ed in aonsidet.fion cants sum of Tan dollars and other good and valuable consideration DOLLARS, the receipt and rulftciency of which a hereby acknowledged, has gained, bapio.d, sold sod oonryd, .ad by these pressing dorm pant, b.r$ain, ae8, convoy and cocaina, vaso the prsteos, Weir taro red snips forever, not in mammy is common bd is joist Ireeacy, eU the reel propefy, together with improvements, if ray, situate, lyap sad beteg is the mid Comity of GARFIELD sad Sato of Colorado described u follows: Recorded at o'clock M., eRccorxr. WARRANTY DEED 71DS DEED, Made thu 15th day of JOHN M. TRAUL, SR. April . 1997 , between of the mid County of GARFIELD and State of COLORADO JAMES N. RAHRINSJ81m _ LARILL J, HAWKINS whose legal address is 178 S CORONA DOWER, CO 80209 of the said County of sad Stara of COLORADO w1TNESS, that the grantor, for and in condder.tioa of the rasa of valuable consideration acknowledged, hes grouted. bargained, told sad coevayed, sad by thew grantees, than heirs sad neaps forever, not in testacy in comma but in if any, situate, lying and being is du said Comity of GARFIELD Sae Exhibit 'A' . grantor. and DCC FEE 'r,7 , grantee: Tan dollars and other good and DOLLARS, the receipt .ad sufficiency of which is hereby presents does gnat, bargain, sell, convoy and confirm, unto the joint tawny, all the real property, together with improvements. sad State of Colorado described as follows: also known by wont and number as: 6671 COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 T0C1. res ER with W sad angular Use borsdYamaon mad apptrtonncee thereto belonging, or in anywise appertaining, and the reversion and merinos, rnmurdat sad remainders, tats, utas ad plates thereof, ad all the ann. right. ties., infant. shim mad demand what- soeva of the truer, either in law or equity, of, is .ad to the above bergni..d prtmine, with Ube berdltamerus and appurtenances. - TO HAVE AND TO HOLD the said premises above batpisod ad drerrbod, wit. the appurtennncu, onto the grants., hit baits nod wigs forever. And dm gram, Oar himself, W beirm, ad petaimal to rugnttkn, doss eovauet, grant, bargain, and agree to and with the grantee, his heirs ad amigo, that at the time of the anµiag sad delivery of thea 'roma. he ba wall mitad onto realm above convoyed, hes food, rare, poria, ebeeiste had iodefbserble eatp of ishmitasee. V 4w, in tea simple, sad bas good right, Mel power sod lawful authority to Fast, batFie, sell and oosrey the aims in MUM tad fats M demand, sad that the same are free sad dear from an former mad other grants, b.rple, sue., Ems, tante, asmee.teeLS, maa,mbrsaON dad reattictiose of wbataver kind or tanks 10Waf, wept eaauenta, r•striations, nunr,ationl tf Ii id ..s IIP 1 II II i� I,boaS 9?7 Recorded at o'clock M., Ruoroa. WARRANTY DEED THIS DEED, Made this 15th day of April JOHN M. TRAUL, SR. . 1997 , bawcea of chc said County of GARP ILLD and Sate of COLORADO JANES N. RAN1CIN9 AA1 SARILL J. BARRINS whom legal address is 178 5 CORONA DENVER, CO 80209 of the said County of and Stam of COLORADO WITNESS, that the grantor, for and in consideration of the .saes of valuable coasidsration salmonella/gad, has granted, bare isad, mold and coeveyed, am by them grants., thew hairs tad asigaa forever, not in taaaacy in maroon bin in if any, @imam, lying aid being in the said County of GARFIELD Sas Exhibit 'A' , grantor. aid . grantee: DCC 4 'r_ K - Tan dollars and other good and DOLLARS, the receipt and suffcieacy of which is hereby prams does grant, bargain, sell. convey and cocaina. unto the joint tenancy, all the nal property, together writ improvements, and State of Colorado described as follows: dao knows by stent sad ivaber u: 6471 COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 TOGETHER with ail sad siapli the hotedYasaata asd apptrtaseacea thereto bsloagiog, or its anywise appertaining, and IM reversion and reversions, raaaiader sad remainders, tears, issues sad profits thereof, sad all ted muse, right. tkle, interest, claim and demand what- soever of ted gnaw, either is law or equity, of, i sad to eke above bargain. penises, Milk the beroditamoors and appurtmancm. - TO HAVE AND TO HOLD the said prams. above bargained and daatbod, with rhes appurtenaaw, unto tba groat., bis heirs and wigna forever. Md the gnaw, for himself, W Min, sed personal repro eaativ., does covenant, grail, bargain, aid agree to sad with the grantee, his heirs and wipe, Chet a tree ria of the eaeasling sad delivery of the. pr.oiss, be is wd1 mead orb* premises above conveyed, hes good, sure, paean, abash a sad indefeasible setas of iMrianee. is law, is foe rimpla, sad has good right, full power and - lawful authority to peat, bargain, sell sad corny lbs mesa is aweser and fora as aforesaid, mad the[ for same are (res sad clew from ad former sad other grams, bargains, ales, liana, sass,, aremso.u, onambsssaa and rearictbss of whatever kind or amours sneerer, except easements, restrictions, reservations and rights of way of record, or sittuts and in use, and real property taxes for the year 1997, not yet due or payable. The grfstor shall sad will WARRANT AND FOREVER DEFEND ted sbovw.bargaiamd prate.. in the quiet and pescablo possession of the gramme, his heirs sod assipu, against all sad every pets. at pion lawfully elaiaug the whole or any pan thereof. The siagular number shall include the ptursl, the plexal the singular, and the use of airy gender shall be appl i.hio to all genders. t�_ WHEREOF, deviator has executed this dah dared on a data set forth above. 6a-- IN= HM M TRAUL, 51.al�� r N EMIM atm g;� 0 mmm �� 14 Y s w—- aa� xe= + EMS ea g s �1e a k, _ ,rale a Sema of COLORADO )s. County of GARP IELD ) The foreruns Matruansat was ackaowlelg. batoro r. this 15th day of April , 1997 by JOIDX N. TRAUL, SR. expirrm March 04, 1998 Ter 4 Ctmaass ipnev, l.. Ra yarn Twan1 RETURN TO: MASON i MORSE REAL ESTATE 801 COLORADO AVE GLENWOOD SPRINGS, CO 81601 1/ Order Number' 96025977 EXHIBIT A LEGAL DESCRIP770N A tract of land situate in the West 1/2 of the Southeast 1/4 of Section 15, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the Northeast corner of the South parcel of the Traul Subdivision Exemption as recorded in the records of the Clerk and Recorder of Garfield County, Colorado, whence coordinate Point No. 425, Oak Meadows Ranch, oak Neadews Piling No. 4; Amended Plat of Area V, County of Garfield, State of Colorado bears S,. 04°23'55" E. 1129.30 feet; thence along the boundary of said South Parcel the following eight (8) courses: 1. S. 69'32'28' W. 98.97 feet; 2. thence 55.96 feet along the arc of a 55.90 toot radius curve to the right having a central angle of 57'21'25' and subtending a chord bearing N. 8146'50' W. 53.65 feet; 3. thence N. 53°06'07' W. 180.80 feet; 4. thence 81.20 feet along the arc of a 29.67 radius curve to the left having • central angle of 256'48'24' and subtending a chord bearing S. 48°29'41" W. 58.13 feet) 5. thence S. 73° 42'02• W. 40.77 feet; 6. thence S. 32'22'49" E. 270.27 feet) 7. thence 3. 10°01'07" E. 342.34 flat; 8. thence S. 64'46'02' E. 164.43 thence S. 37°39'44' E. 98.70 fest; thence S. 84'35'45' E. 243.45 feet) thence S. 24'51'49" 8. 26.29 feet; thence 3. 07°35'4I' W. 60.53 feet; thence S. 07'05'49' E. 42.76 fest to a point on the South Iine of said South parcel; thence N. 84'05'00* E. 225.60 feet to the Southeast corner of said South parcel; thence along the East line of said parcel the following tour (4) courses: 1. M. 24'31'51' W. 167.75 feet; 2. thence M. 37'29'28• W. 201.19 feet; J. thence N. 27'44'52' W. 2;8.62 feet; 4. thence N. 35'40'48' W. 201.20 feet to the Point of Beginning COUNTY OP GARFIELD STATE OF COLORADO AKA PARCEL B AMENDED TRAUL EXEMPTION PLAT RECORDED DECEMBER 8, 1994 AS RECEPTION NO. 471910 11110111111111111111111111111111111111111 567266 64/21/11167 1314411 13616 P134 432 lei 2 R 11.ND42.65N6.NGARFIgpCOUNTY CLE 794863 11/23/2010 04:01:53 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $18.50 eRecorded WARRANTY DEED State Doc Fee: 518 50 TH1S DEED, is dated the 22nd day of November, 2010, and is made between Recording Fee: S 16.00 John Human, Jr. (whether one, or more than one), the "Grantor," of the County of Garfield and State of Colorado and Sandra K. Linn and Jeffery C. Klarner the "Grantees," whose legal address is: 1910 Glen Dale Drive, Lakewood CO 80215 of the County of said and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( 810.00) Ten dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but In Joint tenancy, all the real property, together with arty improvements thereon, located in the County of Garfield and State of Colorado described as follows: A tract of lard situate in the West K of the Southeast 14 of section 15, township 7 south, range 89 west of the sixth principal meridian being more particularly described as follows: Beginning at a point on the East line a tract of land described in Book 514 at Page 960 of the records op -the Clerk and Recorder of Garfield County, Colorado, whence coordinate point No. 425, Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area V County of Garfield, state of Colorado bears S. 04°23'55" E. 1129.30Sfeet; thence S. 6912'28' N. 98.97 feet; thence 55.96 feet along the arc of a 55.90 foot radius curve to the right having a central angle of 57°21'25" and suhtanding chord bearing N. 81'46'50" W. 53.65 feet; thence N. 53°06'07" W. 180.80 feet; thence 81,20 feet along the arc of a 29.67 radius curve to the left having a central angle of 156°48'24" and subtending a chord bearing S. 48°29'41" N. 58.13 feet; thence S. 7;°42'02" W. 40.77 feet to a point on the West line of said parcel described in Book 514 at Page 960; thence along said west line the following two courses: 1) N. 02°31'55" E. 338.07 feet, thence 2) N. 52°0927" E. 175.00 feet to the East right of way line of County Road No. 117; thence along said right of way line the following courses: South 40°25'11" E. 115.48 feet; thence S. 20°26'30" E. 205.99 feet; thence S, 20°24'40" E. 209.15 feet to the point of beginning. County of Garfield, State of Colorado also known by street and number as: TBD County Road 117, Glenwood Springs, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, 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 Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, docs covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and lb, Ill as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assess i entt, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General laces for the year 2010 and subsequent years: and those speck exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantees) In accordance with Section 8.1 (Title Review) of the Contract to Btey and Sell Real Estate relating to the above described real property; distribution utility. easements (including. cable TV); those speetAcally described rights of third parries not shown by the public records of which Cranlee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Matters Not Shown by the Public Records) and Section 8.3 (Survey Review) of the Contract to Bury and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration mut party wall agreements, Vany. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above-descnbed premises, but nut any adjoining vacated strew or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawPLlly claiming the whole or any part thereof. bLWeU L LOO Order Number. 939439,2 No. 921A Rev. 10-09, Warranty Deed (To Joint Tenants) Nee 1 of 3 8070 . Garfield County PAYMENT AGREEMENT FORM GARFFE D COUNTY ("COUNTY") and Property Owner ("APPLICANT") r' ,,,,•, agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 2, t- l (nw ( T X t' wy-f, Jvl 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, 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. hereby agree to pay all fees related to this application: /' Billing Contact Person: , h�Ya n Phone: (3�-3) 4 6, �- A i3 2- Billing Contact Address: i -i O Gi c v .-iT -t(bj City: )— (' -)ac ( Stater Zip Code: Z-1 SBilling Contact Email: Printed Name of Person Authorized to Sign: �"cr " 1. ----- ( ,(Signature) (Date) OMHA 2395-154-04-033 STEEN 04-009 CAVE 04-010 ASTRACH 12 ' 04-011 CONOLL Y 04-012 PARCEL A SANDRA N & JEFFERY • RNE 2395-154-00- S 14 VICINITY NAP SECTION 15 T 7 S. , R. 89 W. OAK MEADOWS DEVELOPMENT CORP. GREEN BELT AREA ONE INCH = TWO HUNDRED FEET PROPOSED AMENDED PLAT SITE GREER 05-019 9 n:cSo 16 PARCEL B JAMES AND SHARILL H 2395-154-00 MILLER 05-016 OMHA 2395-154-05-022 15 s KING SLJN stewart title View your transaction progress 24/7 via Stewart Online Ask us about your login today! Date: July 10, 2014 File Number: 01330-40846 Property: 6471 County Road 117, Glenwood Springs, CO 81601 Please direct all Title inquiries to: Susan Sarver Phone: (970) 945-5434 Email Address: susan.sarver@stewart.com SELLER/OWNER: PREPARED FOR: James N. Hawkins and Shari!! J. Hawkins Delivery Method: Emailed Sandra Linn 1910 Glen Dale Drive Lakewood, CO 80215 Email Address: sklinn@earthlink.net & sandra.k.linn@kp.org Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. steward title Escrow Number: 01330-40846 PLEASE REFERENCE: Escrow Number: Escrow Officer: Property Address: WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: Pulls ZBA Account Number Routing/Transit #: 123000848 01330-40846 6471 County Road 117 Glenwood Springs, CO 81601 Buyer/Borrower: Tbd Buyer "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-40846 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 Stewart title guaranty company Matt Morris President and CEO Denise C,- rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-40846 004 -UN ALTA Commitment (6/17/06) 111111111111.11 M.1f R1C 1N I N.O 11 111 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. 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 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< htto://www.alta org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Al other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-40846 004 -UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-40846 1. Effective Date: May 02, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Standard) T.B.D. Proposed Insured: Tbd Buyer (b) ALTA. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: James N. Hawkins and Sharill J. Hawkins 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 6471 County Road 117 Glenwood Springs, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Search Rate Search Fee: Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-40846 CO STG ALTA Commitment Sch A STO $250.00 Page 1 of 2 STEWART TITLE GUARANTY COMPANY rueirr A • SCHEDULE A LEGAL DESCRIPTION A tract of land situate in the West 1/2 of the Southeast 1/4 of Section 15, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the Northeast corner of the South parcel of the Traul Subdivision Exemption as recorded in the records of the Clerk and Recorder of Garfield County, Colorado, whence coordinate Point No. 425, Oak Meadows Ranch, oak Meadows Filing No. 4; Amended Plat of Area V, County of Garfield, State of Colorado bears S,. 04°23'55" E. 1129.30 feet; thence along the boundary of said South Parcel the following eight (8) courses: 1. S. 69°32'28" W. 98.97 feet; 2. thence 55.96 feet along the arc of a 55.90 foot radius curve to the right having a central angle of 57°21'25" and subtending a chord bearing N. 81°46'50" W. 53.65 feet; 3. thence N. 53°06'07" W. 180.80 feet; 4. thence 81.20 feet along the arc of a 29.67 radius curve to the left having a central angle of 156°48'24" and subtending a chord bearing S. 48°29'41" W. 58.13 feet; 5. thence S. 73° 42'02" W. 40.77 feet; 6. thence S. 32°22'49" E. 270.27 feet; 7. thence S. 10°01'07" E. 342.34 feet; 8. thence S. 64°46'02" E. 164.43 thence S. 37°39'44" E. 98.70 feet; thence S. 84°35'45" E. 243.45 feet; thence S. 24°51'49" E. 26.29 feet; thence S. 07°35'41" W. 60.53 feet; thence S. 07°05'49" E. 42.76 feet to a point on the South line of said South parcel; thence N. 84°05'00" E. 125.60 feet to the Southeast corner of said South parcel; thence along the East line of said parcel the following four (4) courses: 1. N. 24°31'51" W. 167.75 feet; 2. thence N. 37°29'28" W. 201.19 feet; 3. thence N. 27°44'52" W. 228.62 feet; 4. thence N. 35°40'48" W. 201.20 feet to the Point of Beginning County of Garfield, State of Colorado Also Known As: Parcel B, Amended Traul Exemption Plat recorded December 8, 1994 as Reception No. 471910 and as shown on the Amended Plat of Traul Exemption recorded August 7, 1997 as Reception No. 512328. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-40846 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY ■rte it, fit 15 1.111F1, COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-40846 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTA/AGSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 6. Release by the Public Trustee of the Deed of Trust from James N. Hawkins, Jr. and Sharill J. Hawkins for the use of United Capital Mortgage Corporation to secure $380,000.00, recorded November 26, 2002 in Book 1410 at Page 981 as Reception No. 615450. 7. Release by the Public Trustee of the Deed of Trust from James N. Hawkins, Jr. and Sharill J. Hawkins for the use of U S Bank N A ND to secure $75,000.00, recorded January 3, 2003 in Book 1423 at Page 516 as Reception No. 618049. NOTE: The vesting deed is shown as follows: Warranty Deed recorded April 21, 1997 in Book 1016 at Page 133 as Reception No. 507260. NOTE: this is a Preliminary Search Only Copyright 2006-2009 American Land Title Association. AH rights reserved. The use of this Form 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. File No. 01330-40846 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-40846 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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 and not shown by the public records. 4. Any Iien, 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Rights and reservations disclosed in Warranty Deed recorded November 4, 1959, in Book 321 at Page 334 as Reception No. 207275 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 11. Rights and reservations disclosed in Warranty Deed recorded July 24, 1961, in Book 335 at Page 382 as Reception No. 214544 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 12. Rights and reservations disclosed in Warranty Deed recorded January 14, 1966, in Book 372 at Page 391 as Reception No. 233134 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 13. Right of way Easement as granted to Holy Cross Electric Association, Inc., a Cooperative Corporation, recorded February 18, 1972 in Book 427 at Page 291 as Reception No. 252623 . 14. Resolution No. 80-321 recorded December 31, 1980 in Book 562 at page 843 as Reception No. 310758 . 15. Matters disclosed on the Quitclaim Deed recorded April 22, 1981 in Book 570 at Page 133 as Reception No. 314150 . 16. Resolution No. 86-76 recorded July 28, 1986 in Book 692 at Page 94 as Reception No. 372919 and re-recorded July 30, 1986 in Book 692 at Page 434 as Reception No. 373070. Copyright 2006-2009 American Land Tide Association. All rights reserved. The use of this Form 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. File No. 01330-40846 CO STG ALTA Commitment Sch B 11 STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 111111111111111111111 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 17. All Matters disclosed on the Traul Subdivision Exemption Plat recorded July 28, 1985 as Reception No. 372920 and on the Amended Traul Exemption Plat recorded December 8, 1994 as Reception No. 471910, and Amendment to Parcel B, Amended Traul Exemption Plat recorded August 14, 1997 as Reception No. 512358. 18. Access / Utility Easement recorded September 11, 1996 in Book 991 at Page 912 as Reception No. 498237. 19. Spring / Pipeline Easement recorded October 11, 1996 in Book 995 at Page 982 as Reception No. 499546. 20. Grant of Easement recorded October 11, 1996 in Book 995 at page 987 as Reception No. 499547. 21. Resolution No. 2001-11 recorded March 13, 2001 in Book 1237 at Page 229 as Reception No. 577450. 22. Western Divide Water Conservancy District, Memorandum of Water Allotment Contract, recorded April 1, 1999 in Book 1122 at Page 563 as Reception No. 543106 and recorded May 24, 2007 in Book 1930 at Page 19 as Reception No. 724094 . 23. Easement and Relocation Agreement, recorded October 6, 2009 as Reception No. 776032 . 24. Right of way for the uninterrupted flow of Four Mile Creek. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-40846 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEN/ART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-40846 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) 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." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.: 01330-40846 CO Commitment Disclosure SHARING STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. a Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permi ted by law. If you request a transaction with non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-40846 Page 1 Revised 11-19-2013 Stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Date: Order Number: Buyer: Seller: Property November 17, 2010 939439-c2 Sandra K. Linn and Jeffery C. Klarner John Buxman Jr TBD County Road 117, Glenwood Springs, CO 81601 Please direct all Closing inquiries to: Amy L. Perrin (Cartwright) Phone: 970-945-5434 Email Address: amy.perrin@stewart.com SELLER: John Buxman Jr 802 N. Traver Trail Glenwood Springs, Colorado 81601 LISTING BROKER: Re/Max Select Attn: Mike Henry 1010 Grand Avenue Glenwood Springs, Colorado 81601 Phone: BUYER/BORROWER: Sandra K. Linn Jeffery C. Klarner 1910 Glen Dale Drive Lakewood, Colorado 80215 SELLING BROKER: Fell Real Estate, Inc. Attn: Donna Fell P.O. Box 2732 311 1/2 Eight Street, Suite 300 Glenwood Springs, Colorado 81602 Phone: (970) 945-7300 Fax: (877) 570-0525 ALTA Commitment (6/17/06) ALTA Commitment Forrn COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Order Number: 939439 -- Title Officer: Susan Sarver stewart title guaranty company Senior Chairman oft e Board Chairman of the Board President ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 22, 2010, at 8:00 a.rn. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: Sandra K. Linn and Jeffery C. Klarner (b) A.L.T.A. Loan Order Number: 939439-c2 Title Officer: Susan Sarver Amount of Insurance: 5185,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: John Buxman, Jr. 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: TBD County Road 117 Glenwood Springs, Colorado 81601 Statement of Charges: These charges are due and payable before a Policy can be issued: Basic Rate 2006 Owner's Policy: $755.00 Owner's Extended Coverage: $50.00 Tax Certificate: Included SCHEDULE A LEGAL DESCRIPTION A tract of land situate in the West 1/2 of the Southeast 1/4 of section 15, township 7 south, range 89 west of the sixth principal meridian being more particularly described as follows: Beginning at a point on the East line a tract of land described in Book 514 at Page 960 of the records op -the Clerk and Recorder of Garfield County, Colorado, whence coordinate point No. 425, Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area V County of Garfield, state of Colorado bears S. 04°23'55" E. 1129.30Sfeet; thence S. 69°32'28" N. 98.97 feet; thence 55.96 feet along the arc of a 55.90 foot radius curve to the right having a central angle of 57°2P25" and subtending a chord bearing N. 81°46'50" W. 53.65 feet; thence N. 53°06'07" W. 180.80 feet; thence 81.20 feet along the arc of a 29.67 radius curve to the left having a central angle of 156°48'24" and subtending a chord bearing S. 48°29'41" N. 58.13 feet; thence S. 73°42'02" W. 40.77 feet to a point on the West line of said parcel described in Book 514 at Page 960; thence along said west line the following two courses: 1) N. 02°31'55" E. 338.07 feet; thence 2) N. 52°09'27" E. 175.00 feet to the East right of way line of County Road No. 117; thence along said right of way line the following courses: South 40°25'11" E. 115.48 feet; thence S. 20°26'30" E. 205.99 feet; thence S. 20°24'40" E. 209.15 feet to the point of beginning. County of Garfield, State of Colorado COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 939439-c2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 6. Release by the Public Trustee of the Deed of Trust from John Buxman, Jr. for the use of Bank of Colorado to secure $35,000.00, dated January 9, 2008 recorded January 10, 2008 as Reception No. 741020. 7. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 8. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 939439-c2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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 and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 1 O. Rights and reservations disclosed in Warranty Deed recorded November 4, 1959, in Book 321 at Page 334 as Reception No.207275, and any, and all assignments of record, or otherwise, thereof, or interests therein. 11. Rights and reservations disclosed in Warranty Deed recorded July 24, 1961, in Book 335 at Page 382 as Reception No.214544 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 12. Rights and reservations disclosed in Warranty Deed recorded January 14, 1966, in Book 372 at Page 391 as Reception No.233134, and any, and all assignments of record, or otherwise, thereof, or interests therein. 13. Right of way Easement as granted to Holy Cross Electric Association, Inc., a Cooperative Corporation, recorded February 18, 1972 in Book 427 at Page 291 as Reception No. 252623. 14. Resolution No. 80-321 recorded December 31, 1980 in Book 562 at page 843 as Reception No. 310758. 15. Matters disclosed on the Quitclaim Deed recorded April 22, 1981 in Book 570 at Page 133 as Reception No. 314150. 16. Resolution No. 86-76 recorded July 28, 1986 in Book 692 at Page 94 as Reception No. 372919 and re-recorded July 30, 1986 in Book 692 at Page 434 as Reception No. 373070. 17. All Matters disclosed on the Traul Subdivision Exemption Plat recorded July 28, 1985 as Reception No. 372920 and on the Amended Traul Exemption Plat recorded December 8, 1994 as Reception No. 471910. 18. Western Divide Water Conservancy District, Memorandum of Water Allotment Contract, recorded April 1, 1999 in Book 1122 at Page 563 as Reception No. 543106 and recorded May 24, 2007 in Book 1930 at Page 19 as Reception No. 724094. 19. Easement and Relocation Agreement, recorded October 6, 2009 as Reception No. 776032. 20. Right of way for the uninterrupted flow of Four Mile Creek. 21. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. DISCLOSURES Order Number: 939439-c2 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) 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." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfired mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE TIIE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO I-IEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? No For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No _ _ For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use security personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance -related services • provide such information to us We also collect your personal infomnation from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. eVhat sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. If you have any quest* ons about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 (ontact Us Stewart Title DISCLOSURE The title company, Stewart Title -Glenwood Springs Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to Loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. 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 www.alta.org. stewart > title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. liecoroeo at '/ o'c1QCK M. ____ELLr1 •••••••• Reception No 314152 .r-p-et?'fe'.d' /. C; 2,14(Zia67i geed KNOW ALL MEN BY THESE PRESENTS THAT 3 711 NGE136 Recorder. RECORDER APR 2 21981 rn m! JOHN M. TRAUL. SR.. a k. a. John M. Trani and GAIL N. TRAUL First Party * IS husband and wife 6471 117 Road 0 single person P.O. Box or Street Address 0 a Colorado Corporation Glenwood Springs, CO 81601 ❑ a Partnership City State Zip 0 a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to ANDREA L. TRAUL TRUST Second Party c/o Roger Bumgarner - Trustee One Oakwood Park - Professional Center P.O. Box or Street Address Castle Rock, CO 80104 City State Zip the following described property in the County of *pg :a. trust 0 joint tenancy 0 tenancy in common 0 a Colorado Corporation 0 a Partnership 0 a Limited Partnership Garfield and State of Colorado: A tract of land situate in the southeast quarter of Section 15, T. 7 S., R. 89 W. of the 6th P.M., being more particularly described as follows: Beginning at the most southerly point of a tract of land described in Rec. No. 288150 in Book 514 at Page 960 of the records of the office of the Garfield County Clerk and Recorder, this point also being Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area V; thence along the westerly boundary line of said tract of land described in Rec. No. 288150 the following courses: N. 30°19'11" W. 320.26 feet; thence S. 69°19'47" W. 38.00 feet; thence N. 10°01'07" W. 89.32 feet; thence departing said westerly boundary line of said tract of land described in Rec. No. 288150 N. 78°09'07" E. 392.66 feet to a point on the southeasterly boundary line of said tract of land described in Rec. No. 288150; thence along the southeasterly boundary line of said tract of land described in Rec. No. 288150 the following courses: S. 06°15'00" E. 233.00 feet; thence S. 44°33'00" W. 280.66 feet to the point of beginning, with all i s' Vialii§nle's34 acres more or less. (Cont. on back side) SIGNED this n18 day of - ' A D 19 8 (NO STATE DOCUMENT Y FEE RRED - gift.) STATE OF COLORADO ) ss. COUNTY OF GARF!ELD john /1?"-etzii<4. M. Tra .k. a. John M. Traul Gail N. Traul The foregoing instrument was acknowledged before me this 6.1 day of - f ,e 19 R ! by John M. Traul, Sr., a.k.a. John M. Traul and Gail N. Trawl Witness my hand and official seal. My commission expires:.!, -2/ .i/ i; .1 �� + Public NOTE: • Mark applicable square with x. Singular shall include plural as context requires. =SHELTON en— Form 2 SECOND PARTY AT ADDRESS GIVEN Send future tax statements to: I hereby certify that this instrument was filed for n 0 0 •c 0 N N 'OG` H0703 30 31VIS - I O BOJ 570 PdcE137 A road easement for use of first party, second party, and their heirs, successors and assigns, being 20 feet in width and lying 10 feet on each side of the following described centerline situate in the southeast quarter of Section 15, T. 7 S., R. 89 W. of the 6th P.M., being more particularly described as follows: Beginning at a point on the easterly boundary line of a tract of land described in Rec. No. 288150 in Book 514 at Page 960 of the records of the office of the Garfield County Clerk and Recorder also being a point on the westerly right-of-way line of County Road No. 117, whence the most southerly point of said tract of land described in Rec. No. 288150 also being Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area V, bears S. 04°21'18" E. 1127.90 feet; thence S. 70°27'04" W. 100.31 feet; thence 55.07 feet along the arc of a 55.90 foot radius curve/JA right having a central angle of 56°26'49" and subtending a chord bearing N. 81°19'32" W. 52.87 feet; thence N. 53°06'07" W. 180.80 feet; thence 79.37 feet along the arc of a 29.67 foot radius curve to the left having a central angle of 153°17'53" and subtending a chord bearing S. 50°14'5.6" W. 57.73 feet; thence S. 26°24'01" E. 252.06 feet; thence 20.29 feet along the a,:c of a 150.00 foot radius curve to the right having a central angle of 07°45'01" and subtending a chord bearing S. 22°31'30" E. 20.28 feet; thence S. 07°20'31" E. 58.17 feet; thence 28.74 feet along the arc of a 100.00 foot radius curve to the left having a central angle of 16°28'09" and subtending a chord bearing S. 15°34'35" E. 28.64 feet; thence S. 23°48'40" E. 105.20 feet; thence 75.70 feet along the arc of a 150.00 foot radius curve to the right having a central angle of 28°54'57" and subtelding a chord bearing S. 09°21'11" E. 74.90 feet; thence S. 05°06'17" W. 83.16 feet; thence 39.59 feet along the arc of a 150.00 foot radius curve to the left having a central angle of 15°07'24" and subtending a chord bearing S. 02°27'25" E. 39.48 feet; thence S. 10°01'07" E. 146.82 feet; thence 80.14 feet along the arc of a 50.00 foot radius curve to the left having a central angle of 91°49'46" and subtending a chord bearing S. 55°56'00" E. 71.83 Leet; thence N. 78°09'07" E. 40.00 feet to the point of ENDING, the point of ending also being the center point of a cul-de-sac having a radius of 40.00 feet. Together with 5 g..p. m. of water from Face Mountain Spring and a pipeline easement, 15 feet/M'dth, over across and under first party's land and that property described in a deed recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Rec. No." -ii 1`\ () for use in connection therewith, and the right to use that 100 feet wide strip of land described in said deed for purposes therein specified. First party excepts and reserves the Traul Spring and Pipeline, all water rights adjudicated thereto and an easement, 15 feet in width, over, under and across the subject property for all uses and purposes in connection therewith including, but not exclusively, transportation of water and maintenance. Recorded at — o'clock iL Reception No. 3i415O ns. s1 2tedeic46n geed KNOW ALL 'MEN BY THESE PRESENTS THAT Recorder. JOHN. M. TRAUL, SR., a.k.a. John M. Traul and GAIL N. TRAUL First ;Party 6471 11.7 Road P.O. Box or Street Address Glenwood Springs, CO 81601 City State Zip ..,,•v t'AEE.1.:63 RECORDER PR 2 21981; *N husband and wife ❑ single person ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to JOHN M. TRAUL., JR. TRUST, Second Party c/o Roger Bumgarner Trustee One Oakwood Park - Professional Center P.O. Box or Street Address Castle Rock, CO 80104 City State Zip .2 :a trust ❑ joint tenancy ❑ tenancy in common ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership the following described property in the County of Garfield and State of Colorado: A tract of land situate in the southeast quarter of Section 15, T. 7 S., R. 89 W. of the 6th P.M., being more particularly described as follows: Beginning at a point on the westerly boundary line of a tract of land described in Rec. No. 288150 in Book 514 at Page 960 of the records of the office of the Garfield County Clerk and Recorder, whence the. most southerly point of said tract of land described in Rec. No. 288150 also being Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing. No. 4,Amended Plat of Area V, bears S. 31°13'23" E. 410.46 feet; thence N. 10°01'07" W. 245.00 feet along the west line of said tract of land described in Rec. No. 288150; thence N. 64°46'02" E. 251.45 feet to the center of Four Mile Creek; thence along the center of Four Mile Creek the following courses: S. 57°27'30" E. 124.56 feet; thence S. 30°31'47" E. 45.28 feet; thence S. 90°00'00" E. 41.00 feet; thence S. 72°17'58" E. 49.34 feet; thence S. 24°51'49" E. 45.19 feet; thence S. 07°35'41" W. 60.53 feet; thence S. 07°05'49" E. 42.76 feet to a point on the southeasterly boundary line of said tract of land described in Rec. No. 288150; thence departing said center of Four Mile Creek S. 84°05'00" with all its appurtenances. (Cont. on back side) SIGNED this Z�day of /� , A D. 19 .BSL (NO STATE DOCUMENTARY FEE STATE OF COLORADO ss. COUNTY OF GARF!ELD REQUIRED - •ift.) . John M. Traul The foregoing instrument was acknowledged before me this =S ?'/ day o 19.8 / by John M. Traul, Sr., a.k.a. John M. Traul and Gail N. Tratd Witness my hand and official seal. My commission expires: ,/.' /1„. NOTE: • Mark applicable square with x. Singular shall include plural as context requires. frri SECOND PARTY AT ADDRESS GIVEN Send future tax statements to: w 0 0 _ 0 ID papopa.r S1np pue ' y� I0 o. O I hereby certify that this instrument was filed for 0 0 0 'OQVa0100 JO 31VIS -1 O pdd6 ttglrp22 ' t0uK 570 P ME134 W. 33.00 feet along the southeasterly boundary line of said tract of land described in Rec. No. 288150; thence S. 78°09'07" W. 392.66 feet to the point of beginning, containing 2.46 acres more or less. A road easement for use of first party, second party, and their heirs, successors and assigns, being 20 feet in width and lying 10 feet on each side of the following described centerline situate in the southeast quarter of Section 15, T. 7 S., R. 89 W. of the 6th P.M., being more particularly described as follows: Beginning at a point on the easterly boundary line of a tract of land described in Rec. No. 288150 in Book 514 at Page 960 of the records of the office of the Garfield County Clerk and Recorder also being a point on the westerly right-of-way line of County Road No. 117, whence the most southerly point of said tract of land described in Rec. No. 288150 also being Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area V, bears S. 04°21'18" E. 1127.90 feet; thence S. 70°27'04" W. 100.31 feet; thence 55.07 feet along the arc of a 55.90 foot radius curve/ea right having a central angle of 56°26'49" and subtending a chord bearing N. 81°19'32" W. 52.87 feet; thence N. 53°06'07" W. 180.80 feet; thence 79.37 feet along the arc of a 29.67 foot radius curve to the left having a central angle of 153°17'53" and subtending a chord bearing S. 50°14'56" W. 57.73 feet; thence S. 26°24'01" E. 252.06 feet; thence 20.29 feet along the arc of a 150.00 foot radius curve to the right having a central angle of 07°45'01" and subtending a chord bearing S. 22°31'30" E. 20.28 feet; thence S. 07°20'31" E. 58.17 feet; thence 28.74 feet along the arc of a 100.00 foot radius curve to the left having a central angle of 16°28'09" and subtending a chord bearing S. 15°34'35" E. 28.64 feet; thence S. 23°48'40" E. 105.20 feet; thence 75.70 feet along the arc of a 150.00 foot radius curve to the right having a central angle of 28°54'57" and subtending a chord bearing S. 09°21'11" E. 74.90 feet; thence S. 05°06'17" W. 83.16 feet; thence 39.59 feet along the arc of a 150.00 foot radius curve to the left having a central angle of 15°07'24" and subtending a chord bearing S. 02°27'25" E. 39.48 feet; thence S. 10°01'07" E. 146.82 feet; thence 80.14 feet along the arc of a 50.00 foot radius curve to the left having a central angle of. 91°49'46" and subtending a chord bearing S. 55°56'00" E. 71.83 feet; thence N. 78°09'07" E. 40.00 feet to the point of ENDING, the point of ending also being the center point of a cul-de-sac having a radius of 40.00 feet. Together with 5 g. p. m. of water from the Face Mountain Spring and a pipeline easement, 15 feet in width, over, across and under first party's land for use in connection therewith. First party excepts and reserves an easement, 15 feet in width, over, under and across the subject property for all uses and purposes in connection with the Face Mountain Spring including, but ;:ot exclusively, transportation of water and maintenance, and all users of water from said spring shall share, on and ownership proportion basis, in the costs and expenses of maintaining said spring and its appurtenances. Also, first party /reIEWss aaffloeline easement, 15 feet in width Over, under and across the subject property for all uses and purposes in connection with the Traul Spring and Pipeline including, but nor 0Xclusivcly, transportation of water and maintenance. No building or other structure shall be constructed, placed or maintained on the subject property within 100 feet of the center line of Four Mile Creek, and said strip may be used by the parties hereto, their heirs, successors and assigns as a.common gredabelt, _fishing and picnic area. ■III rd. F7 irit 4LLw'c !, kiel rr r 'Il.hi1111411111 Reception#: 776032 10/06/2009 04.15,16 PM Jean Plberico 1 of 3 Rec Fee:$21. 00 Doc Fee. 0 00 6PRFIELD COUNTY CO EASEMENT RELOCATION AGREEMENT This easement relocation agreement made this (o day of 0 c • , 2009 between, James N. and Sharill J. Hawkins, grantors, whose address is 6471 County Road 117, Glenwood Springs, Colorado, and are current owners of Parcel B as shown on the Amended Traul Exemption Plat, recorded as reception no. 471410 at the Garfield County Courthouse. And; John Buxman Jr., grantee, whose address is 802 N. Traver Trail, Glenwood Springs, Colorado, and is current owner of the North Parcel as shown on the plat of the Traul Subdivision Exemption recorded as reception no. 372920 at the Garfield County Courthouse. Whereas; Both parties are desirous and in agreement to relocate an existing 25' access and utility easement across the above said Parcel B serving the above said North Parcel. And; Both parties also agree to the new location as shown in Exhibit A and described below. Therefore; For the consideration of quitclaiming forever any interest whatsoever in the original easement location, I (We) the undersigned, owners of Parcel B as shown on the Amended Traul Exemption Plat, hereby grant a permanent 25 foot wide easement for access and utilities over and across Parcel 13 to John Buxman Jr., his heirs, assigns and any future owners of the above described North Parcel. Said easement being 12.5 feet parallel to and along each side of the following described line; Beginning at a point on a curve of a 50' access and utility easement whence the Northwest corner of Parcel B of the Amended Traul Exemption, marked with a rebar and cap stamped L.S. 15710, bears S 89°24'45" W 59.46 feet; Thence N 02°04'56" W, 47.98 feet to the point of termination, said point being on a curve along the boundary of the North Parcel and Parcel B. Signed b James . wkins 42009' STATE OF COLORADO COUNTY OF GARFIELD )ss. The foregoing instrument was acknowledged before on 10 by James N. and Sharill J. Hawkins ESS MY HAND AND SEAL Notary Public ,2009 My commission expires: 95 — - Z (% Page 1 1111 PI 141011/105111.111, Rini 11 11 1 Reception#: 776032 10/06/2009 04.16 16 GM Jean Alberlco 2 of 3 Rec Fee.$21.00 Doc Fee 0.00 GARFIELD COUNTY CO EASEMENT RELOCATION AGREEMENT (continued) and: I, the undersigned, owner of the above described North Parcel as shown on the Trawl Subdivision Exemption Plat, do hereby agree to the relocation of the 25' access and utility easement as described above and also quitclaim any future interest whatsoever to the location or existence of the 25' access and utility easement as shown on the Amended Trawl Exemption plat. Signed Doi— . (,, , 2009 STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before on 0c / L , 2009 by John Buxman Jr. ss. My commission expires: S - 3 / - ZC) / Page 2 3Odd 07 A1NN00 Ol3IdMd0 00 0aad 0o0 00 1Z$'4ad 0.21 E 10 E 001-1a41d u.ef Wd 91'91'90 600Zf90/Ol Z£09LL :guoTidaOad 11111 Ill 'M 1' 1471111.44'JPl'19.1111M+l