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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION 1 Owner/Applicant ff ;�j eocta Name: ,20f�,; i' rc,,,t,or.! e e ,r r 1 H� e -r Phone: ((/7O ) `:-/"S"--- iU'7? i Mailing Address: City: Q.Art-r; ■ Minor Subdivision y, n4 f4 I cD State: e () Zip Code: 'F' 1 (,Z 7 E-mail: Ill �if'r.;.l o , C , C les, +e 4 , ll S • Preliminary Plan Amendment Major Subdivision 've (Authorization Required) y rZJ./eY)G(O Phone: (1 7C% ) `% #' - (//-7 / Mailing Address: City: , 2r Final Plat Amendment • Sketch ■ Preliminary l• Final C - f' ko7ncjcL((-1 State:C C) Zip Code: R( 6, 2_3 E-mail: k c r cy,.; ,--)c ,o e rs,e. k.• • Common Interest Community Subdivision Conservation Subdivision Project Name:/ Pro ciPAA),-,r c) t GI<,i1.-pv (r�OO.k \���(4.�l l2 ivyeh— Pivt 04rur::o-,4,1,-,A, Assessor's Physical/Street Legal Description: • Public/County Road Split Exemption • Yield ■ Sketch ■ Preliminary m Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES 1 Owner/Applicant ff ;�j eocta Name: ,20f�,; i' rc,,,t,or.! e e ,r r 1 H� e -r Phone: ((/7O ) `:-/"S"--- iU'7? i Mailing Address: City: Q.Art-r; Ql'75S C o r, :,;.; 20f14 ( I3 y, n4 f4 I cD State: e () Zip Code: 'F' 1 (,Z 7 E-mail: Ill �if'r.;.l o , C , C les, +e 4 , ll S Representa Name: 4---e6- 've (Authorization Required) y rZJ./eY)G(O Phone: (1 7C% ) `% #' - (//-7 / Mailing Address: City: ct Z `7 "' 2 ( 1 C - f' ko7ncjcL((-1 State:C C) Zip Code: R( 6, 2_3 E-mail: k c r cy,.; ,--)c ,o e rs,e. k.• PROJECT NAME AND LOCATION Project Name:/ Pro ciPAA),-,r c) t GI<,i1.-pv (r�OO.k \���(4.�l l2 ivyeh— Pivt 04rur::o-,4,1,-,A, Assessor's Physical/Street Legal Description: Parcel Number: "2, j S 9 - _"1 3 3 - 4) ( - 0 © / Address: Of s—_- C t,„u ; t, , ;,,,A u.-., T (a S R. A lam-( Tta,,,34t,, 7) 't� rtr`r9;4 1 33 Zone District: 0 0 5 Property Size (acres): 2„ c Project Description Existing Use: ; d v t) 4- Proposed Use (From Use Table 3-403): Description of Project: 13 o;,,,, ,,4`-7 L,, fu o 4 P r,� :f-pcf,G:-: Letter of Explanation Boundary Line Adjustment/Plat Adjustment Provencio, Coulter Creek Valley Ranch The Applicant, Provencio Henry R & Heather C, request an Amended Final Plat to Lot 1 of the Petts Holmes Subdivision. The purpose is to accept a conveyance from an adjoining property located outside and west of the Subdivision owned by Coulter Creek Valley Ranch LLLP. The conveyance will add 0.33 acres to Lot 1, increasing it from 2.02 acres to 2.35 acres. The conveyance is to align the property line between the two ownerships with an existing fence line that was previously understood to be on the property line. The change will eliminate several nonconforming conditions most significantly regarding the side yard setback for the existing home on Lot 1. The adjoining Coulter Creek Valley Ranch LLLP property is approximately 1,270 acres in size, is owned free and clear, and will be reduced by the 0.33 acres to be conveyed to Lot 1. Both lots will remain consistent with the dimensional standards for the Rural Zone District. The Applicant has represented that the area being conveyed has typical improvements associated with a rural residential property including a shed, parking areas and kennel. No nonconforming conditions are anticipated to be created by the Amended Plat and Boundary Line Adjustment and an improvement location survey is included in the submission. NOTIFICATION TO ADJACENT PROPERTY OWNERS Of an application for a Boundary Line Adjustment/Plat Adjustment Provencio, Coulter Creek Valley Ranch 9755 County Road 113, Carbondale CO 81623 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 Applicant, Provencio Henry R & Heather C, request an Amended Final Plat to Lot 1 of the Petts Holmes Subdivision. The purpose is to accept a conveyance from an adjoining property located outside and west of the Subdivision owned by Coulter Creek Valley Ranch LLLP. The conveyance will add 0.33 acres to Lot 1, increasing it from 2.02 acres to 2.35 acres. The conveyance is to align the property line between the two ownerships with an existing fence line that was previously understood to be on the property line. The change will eliminate several nonconforming conditions most significantly regarding the side yard setback for the existing home on Lot 1. The adjoining Coulter Creek Valley Ranch LLLP property is approximately 1,270 acres in size, is owned free and clear, and will be reduced by the 0.33 acres to be conveyed to Lot 1. Both lots will remain consistent with the dimensional standards for the Rural Zone District. The Applicant has represented that the area being conveyed has typical improvements associated with a rural residential property including a shed, parking areas and kennel. No nonconforming conditions are anticipated to be created by the Amended Plat and Boundary Line Adjustment and an improvement location survey is attached to this notification. 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. GARFIELD COUNTY Community Development Department 108 8m Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBERS: 2189-333-01-001 (Provencio) 2189-321-00-032 (Coulter Creek Valley Ranch LLLP) DATE: September 13, 2013 PROJECT: Amended Subdivision Plat Lot 1, Petts Holmes Subdivision OWNER: Henri Provencio (Lot 1) ADJOINING PROPERTY OWNERSHIP: Coulter Creek Valley Ranch LLLP (Adjacent Ranch) SURVEYOR: Deming Land Surveying LLC PRACTICAL LOCATION: Located at 9755 County Road 113, Carbondale, CO 81623, approximately 10 miles north of the Town of Carbondale, located in Section 33, T7S R87W. TYPE OF APPLICATION: Amended Final Plat in conjunction with a Boundary Line Adjustment Affidavit ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant is planning to request an Amended Final Plat to Lot 1 of the Petts Holmes Subdivision. The purpose is to accept a conveyance from an adjoining property located outside and west of the Subdivision owned by Coulter Creek Valley Ranch LLLP. The conveyance will add 0.33 acres to Lot 1, increasing it from 2.02 acres to 2.35 acres. The conveyance is to align the property line between the two ownerships with an existing fence line that was previously understood to be on the property line. The change will eliminate or reduce several nonconforming conditions most significantly regarding the side yard setback for the existing home on Lot 1. The adjoining Coulter Creek Valley Ranch LLLP property is approximately 1,270 acres in size and will be reduced by the 0.33 acres to be conveyed to Lot 1. Both lots will remain consistent with the dimensional standards for the Rural Zone District. The Applicant has represented that the area being conveyed is currently fenced as part of Lot 1 and has typical improvements associated with a rural residential property including sheds, parking areas, and a residential propane storage tank. No nonconforming conditions are anticipated to be created by the Amended Plat and Boundary Line Adjustment; however, the Applicant will need to submit improvement location survey information for both parcels to confirm that finding. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Land Use and Development Code as amended apply: • Section 5-305 — Amended Final Plat Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401Submittal Requirements • Section 5-402 Description of Submittal Requirements including Final Plat Requirements in Section 5-402(F). • Section 4-103 Administrative Review • Section 4-101 Common Review Procedures • Application shall address applicable standards contained in Article Vil • Section 4-202 Submittal Waivers • Boundary Line Adjustment Affidavit III. ADDITIONAL SUBMITTAL INFORMATION As a convenience outlined below is a list of information typically required for this type of application. Required information is needed for both properties unless a waiver is requested: • Proof of Ownership (title work or copy of a deed) and information on any lien holders. > Names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. • If owner intends to have a representative (Planner or Attorney) complete the Application and processing then a letter of authorization is needed. • Copy of the Preapplication Summary needs to be submitted with the Application. • Copy of the Application Form, Application Fees and signed Payment Agreement Form. • The Proposed Amended Final Plat showing the existing and proposed lot lines, all utility easements, and access easements. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed lot split. Some improvement location information may be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • Vicinity Map. • In regard to Article VII, the Application may include requests for waivers, representations regarding applicability of certain standards, and/or demonstration of compliance with applicable standards. A wavier from submittal of a subdivision improvements agreement is allowed based on the review of Section 4-202. • A narrative describing the request and related information. > Copies of any covenants on the property or a representation that there are none. » Completed Boundary Line Adjustment Affidavit IV. REVIEW PROCESS The review process shall following the steps contained in Section 4-103 and Table 4-102 for an Administrative Review including: Preapplication meeting, Submittal of Application (3 copies), Completeness Review, Additional Submittals and Referrals, Setting a date for the Director's Decision, Public Notice to Property Owners within 200 ft. and mineral rights owners on the subject property, the Director's Decision including any conditions, Call-up Period, Finalizing the Exemption Plat and Satisfaction of any Conditions, Circulation for Applicant & Other Signatures, Board of County Commissioners Signatures on the plat as a consent agenda item. The fully executed Amended Plat and the completed Boundary Line Adjustment Affidavit and related deed for conveyance typically are recorded at the same time finalizing the various steps concurrently and creating a clear record of the proceedings. Public Hearing(s): Referral Agencies: X Director's Decision with notice _ Planning Commission Board of County Commissioners _ Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield County Road and Bridge Department, Garfield County Consulting Engineer. V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) 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 Building and Planning Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: /7/(--• )12:7(/f Glenn Hartmann, Senior Planner Date' JIM Ii`J IN M NK 5y1' IOC mei lm AMENDED PLAT LOT 1, PETTS/MOLMES SUBDIVISION A TRACT OF LAND SITUATED IN THE W1/2NW1/4NW1/4SEIJ4 AND THE SE1/4I M1/4SWI/4 SECTION 3. TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH PA. GARF1ELP COUNFf. COLORADO lr�als," _T M 43 s +yjr {{ r' icon CIPM, IV* MUM MKDt taxigru lI�3ISAW7i Kr121.4J[S €p MUMm ") 1194A-1'WZ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") agree as follows: 1. The Applicant has submitted to the County an application for Ihe following Project: 1t;joLA) �:�� -- Loo( CVpv'k pt,+ -B0,,,d -vy 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. I hereby agree to pay all fees related to this application: P ✓1 y 4'U rl (� inJ' d L`C� Billing Contact Address: �' ��5 incur&,; V LO 40Aj J Billing Contact Person: Phone: (110 ) ct (4 )L7 `i City: (,' r&,(-:11)6.1,1 1 State: Billing Contact Email: kp1,n;/Eh10.I�o Printed Name of Person Authorized to Sign: Zip Code: 2-/L3 •Cs -lea y l< Fi. lry if\E`)tleviC 0 6/' 6/ (Signature) (Date) BOUNDARY LINE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1) We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit A (also known as a Quit Claim Deed) which is attached hereto and incorporated herein by reference. 2) We are desirous of adjusting the boundary lines of our parcels and/or lots and sign this Affidavit in accordance with the Garfield County Land Use and Development Code. 3) We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels or lots. 4) We hereby represent that none of the parcels or lots involved in this boundary line adjustment are part of a previously platted subdivision of record. If one of the lots to be amended is a lot in a previously recorded subdivision, then a Final Plat Amendment is required which is more fully defined in article 5 of the Garfield County Land Use and Development Code. 5) We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel or lot involved. 6) We hereby represent that the boundary line adjustment being made will not result in any of the parcels or lots involved being less than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non -conforming setbacks for any existing structures. 7) We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this Property Owner #1 Property Owner #2 day of , 2014 Signature Henry Provencio Print Name Signature Heather C. Provencio STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this day of , 2014 by and C( Lei )ss My Commission Expires: • Notary Public Address STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this day of , 2014 by and My Commission Expires: )ss Notary Public Address QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this day of , 2014, between Coulter Creek Valley Ranch, LLLP; James D. Peterson, General Partner whose mailing address is PO Box 1714, Aspen, CO 81612, County of Eield, State of Colorado the Grantor, ,tz,_ and uP_ther-C Henry R. Provencio ,�a�a'pCl llllra whose mailing address is 9755 County Road 113, Carbondale, County of Garfield, State of Colorado the Grantee WITNESSETH, That the said Grantor, for good consideration and for the sum of $4,845 paid by the said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee his heirs, successors and assigns, forever, all the right, title, interest and claim which the said Grantor has in and to the real property, together with improvements, if any, situate. Lying and being in the County of Garfield and State of Colorado, described as follows: egal Description A parcel of land situated in the NE1/4SW 1/4 Section 33, Township 6 South, Range 87 West of the 6th P.M. being more particularly described as follows: Beginning at the Northwest corner of Lot 1 of the Petts/ Holmes Subdivision, whence the Center 1/4 corner of Section 33 bears N 00°10'30" E 658.89 feet, thence N 00°10'30" E 89.77 feet to a point on the southerly right of way of County Road 113; thence along said right of way N 52°34'02" W 41.84 feet; thence leaving said right of way, along a wire fence S 00°39'44" E 510.32 feet to a fence corner; thence S 89°49'30" E 25.84 feet; „- y ., thence N 00°10'30" E 395.16 feet to the point of beginning, containing 0.337 acres more or less. /! ) l l�(as ,l �Pt,w ( �tr t,tt Said parcel is to be merged with a tract of land presently identified as Reception no. 518004, in the records of the Clerk and Recorder, Garfield County. 14444T-R-fielie-ne7-249- TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behalff of the grantee, his heirs and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. By: James D. Peterson General Partner for L(� Coulter Creek Valley Ranch,C STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this day of , 2014, by Witness my hand and official seal. My commission expires Notary Public PARCEL A 0.337 ACRES m 0 IL W ^00. 10, 317 M Fr;4B• B4' TO C1/4 MCI (MA 39 4%,COUNTY R.OAD 1ti.1 a R..0.15'. @ J FEET dr Or Imo: • a. ▪ 4. • dr } ▪ r4 t 4- 4- kr - 4- 4- 4- 4- Ifir d r as's 25.114' N 034,7'46' E 1 B.R2' W II. IL —_J L LOT 1 PETTS / HOLt11ES SUBDIVISION C C 1 F.'OVSD R.0.16'. BC FEET W 24'13' 1 ite. ~' E I 14��2s- I 37 - ' � SW IE: 53 krj • L I. I • 4r rR i �rJ s 27.62'17. B.BS •39' 1 d' E 15.?D' I fl .rte fc7• • 1 I r•JC H = IBC. FEET 839332 08/15/2013 10:06:15 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded 837599 07/03/2013 03:49:05 PM Page 1 of 1 Jean Aiber(co, Garfield County, Colorado Rec Fee: $11,00 Doc Fee: $35.55 eRecorded SPECIAL WARRANTY DEED THIS DEED Is dated the lstday of July, 2013, and is made between (whether one, or more than one), Federal National Mortgage Association the"Grantor" of the County of and State of Henry R. Provencio and Heather C, Provencio and State Doc Fee:1 835.55 (whether one, or more then one), the "Grantee', whose legal address Is 9755 Cotnty Road 113, Carbondale, CO 81623 of fhe County of Garfield end State of Colorado. • WITNESS, that the Grantor, for and in cohaldcradcn of the sum of Three Hundred Fifty Five Thousand Five Hundred Dollars and No Cents ( $366,600,00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants. bargains, sells, conveys end confirms unto the Grantee and the Grantee's halts and assigns forever, al the real property, together with ony improvements thereon, located In the County of GarlIald and State of Colorado described as tolows: Lot PU ISMOLMESSUBDIVISION a000rcing to the Plat thereof recorded December 18, 19E7 as Reception No. 6180104. County of Garfield, Slate of Colorado also known by street address as: 9755 County Road 113, Carbondale, CO 81623 TOGETHER wkh all and singulsr the hereditaments and appurtenances thereto belonging, cc in anywise appertaining, the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, Vie, interest, Bairn and demand whatsoever of the Grantor, either hi law or equ'ty, of, In and to the above bargained preMses, wish the hereditaments and appurtenances: TO' HAVE .AND TO HOLD pre saki premises ebove bargained and described, with the appurtenances, unto the Grantee, and the Grantees heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargaii, end agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but ncd any arliriin/np vacated offset a a;tey if any, in the quiet and peaceable possasslcn of the Grantee and the hairs and es -signs of the Grantee, against all and every person of persons claiming the whole or any part thereeh by, through, or under the Grantor except and subject to: General taxes for the year 2013 and subsegLSnt years; and those specific exceptions desciibed by reference to recorded documents as reflected in the Title Documents accepted by Grnntae(s) in accordance with Section 81 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above described real properly; cistrlbuhon utility easements (including, oable TV); those specifically described rights of third parties not shown t y the public records of which Grantees) has actual knowledge and which were accepted by Grantee(s) In accordance wits section 5.2 (O(( Record Title Matters) and Seaton 9 (Current Survey Review) of the Contract to Bty and Sell Real Estate relating to the above described real property; Inclusion of the Property within any special taxing district; the berwfits and burdens end of any recorded dectaratlon and party wall agreements, if any, IN WITNESS WHEREOF, the Grantor has executed this reed on the date set forth above. FANNIE MAE ANA FEDERAL NATIONAL MORTGAGE ASSOCIATION ORGANIZED AND EXISTING UNDER E LAWS OF THE UNI 1 Ell STATES OF AMERICA - tis') 1 The foregoing instrument was aoltnovrledged before me this l�k day o 2013:by Alexander Pankonln as Authorized Signer for Aronowhz & Mecklenburg, LLP as attorney in fro Fannie trlae sAda Federal National Mortgage Association organized and existing under the laws of the United States ofAmerlce. Sy: Alexander Pa wit Stale of County of d Mechdenburg, LLP as attorney In fact by nin as Authorized Signer d and official sea(. Slowed Mlle Fde Number; 01330-2701a Specht WarTonly Daod STCO Fsea 1 of , Henry R. Provencio Heather C. Provencio 9755 County Road 113 Carbondale, CO 81623 Stewart tit1 July 01, 2013 Henry R. Provencio and Heather C. Provencio 9755 County Road 113 Carbondale, CO 81623 File No: 01330-27038 Property Address: 9755 County Road 113, Carbondale, CO 81623 Dear Customer: Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Phone (800) 886-2330 Fax Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of dosing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title - Glenwood Springs - Main If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your policy, you must fumish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at htto:Ifwww.stewart.com. ALTA Owner's Policy (6/17/06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or Incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attomey; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: Authorized Countersignature Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Agent ID: 06051A start title guaranty company Matt Morris President and CEO 641 1 Deniserraux• 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. 01 33 0-27 03 8 Page 1 of Policy Serial No.: 0-9301-001852959 COVERED RISKS (Continued) 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (1) to be timely; or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs; attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental 4. regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) °Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. if the grantee wholly owns the named Insured. if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the (2) (3) (e) (f) (9) Insured named in Schedule A for estate planning purposes. (11) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": An Insured claiming loss or damage. "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. (1) G) (k) Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Fond 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. 01330-27038 Page 2 of Policy Serial No.: 0-9301-001852959 AMERICAN LAidO 'rrrl.i At67:14TI074 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly In writing (I) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in. case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonablyrequested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) 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. 01330-27038 Page 3 of Policy Serial No.: 0-9301-001852959 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the TiUe as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (I) the Amount of Insurance shall be increased by 10%, and (11) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the TiUe Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are riot limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. 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. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. (b) (c) (d) (b) 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. 01330-27038 Page 4 of Policy Serial No.: 0-9301-001852959 Ah1 ESICAN LAN u.'CI'l Lt AAs oCrATr0H ALTA OWNER'S POLICY (6/17/06) Name and Address of Title Insurance Company: SCHEDULE A Stewart Title Guaranty Company P.O. Box 2029, Houston, TX 77252 Prepared by: Colorado Regional Production Center Title Officer: Susan Sarver File No.: 01330-27038 Policy No.: 0-9301-001852959 Address Reference: 9755 County Road 113, Carbondale, CO 81623 (For Company Reference Purposes Only) Amount of Insurance: $355,500.00 Date of Policy: August 15, 2013 at 10:06 am 1. Name of Insured: Henry R. Provencio and Heather C. Provencio 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Henry R. Provencio and Heather C. Provencio 4. The Land referred to in this policy is described as follows: Lot 1, PETTS/HOLMES SUBDIVISION according to the Plat thereof recorded December 18, 1997 as Reception No. 518004. County of Garfield, State of Colorado Premium: $1,067.00 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. 01330-27038 CO STG ALTA Owner's Policy Sch A STCO Page 1 of 1 STEWART TITLE GUARANTY COMPANY .A rat RICt M._ ALTA OWNER'S POLICY (6/17/06) SCHEDULE B File No.: 01330-27038 Policy No.: 0-9301-001852959 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 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. (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. 6. Water rights, claims or title to water. 7. All taxes for 2013 and subsequent years, which are a lien not yet payable. 8. 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. 9. Right of the proprietor of a vein or lode to extract and remove therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded September 06, 1928, in Book 112 at Page 466 as Reception No. 102387. 10. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 06, 1928, in Book 112 at Page 466 as Reception No. 102387. 11 Easements and rights of way for ditches and canals as set forth in the maps and statements for: Landis Canal recorded May 13, 1959 as Reception No. 205365, the McNulty Ditches 1 & 2 recorded July 19, 1888 as Reception No. 7298, and Waters Coulter Creek Ditch and Von Springs Reservoir Nos. 1 & 2 recorded July 29, 1899 as Reception No. 21910. 12. Terms, conditions, provisions and obligations as set forth in Resolution No. 95-008 recorded January 24, 1995 in Book 929 at Page 691 as Reception No. 473700; Resolution NO. 95-014 recorded March 07, 1995 in Book 933 at Page 763 as Reception No. 475247; and Resolution No. 96-75 recorded November 20, 1996 in Book 1000 at Page 418 as Reception No. 501320. 13. Easements and other matters as set forth on Final Plat of Petts/Holmes Subdivision recorded December 18, 1997 as Reception No. 518004. 14. Holy Cross Electric Association, Inc. Easements recorded May 13, 1998 in Book 1067 at Page 540 as Reception No. 525009; February 5, 1998 in Book 1052 at Page 460 as Reception No. 520058. 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. 01330-27038 CO STG ALTA Owner's Policy Sch B SE Page 1 of 2 STEWART TITLE GUARANTY COMPANY .Ikr¢I CAS tAxn.LYj ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 15. Water Well Community Sharing and Maintenance Agreement recorded January 20, 2000 in Book 1169 at Page 846 as Reception No. 558277. 16. Grant of Easement for Water Line Construction, Operation and Maintenance recorded January 20, 2000 in Book 1169 at Page.850 as Reception No 558278. 17. Declaration of Protective Covenants for Petts/Holmes Subdivision recorded January 20, 2000 in Book 1169 at Page 852 as Reception No. 558279. 18. Holy Cross Energy Underground Right -of -Way Easement recorded January 25, 2000 in Book 1170 at Page 284 as Reception No. 558437. 19. Holy Cross Energy Underground Right -of -Way Easement recorded August 22, 2001 in Book 1279 at Page 584 as Reception No. 586902. 20. Trench, Conduit, and Vault Agreement recorded August 29, 2001 in book 1281 at Page 457 as Reception No. 587293. 21. Grant of Easement and Agreement recorded September 24, 2003 in Book 1522 at Page 387 as Reception No. 637212. 22. Right of Way for County Road 113. 23. Deed of Trust executed by Henry R. Provencio and Heather C. Provencio to the Public Trustee of Garfield County, dated Cornerstone Home Lending, Inc., in the principal amount of $284,400.00, payable to Cornerstone Home Lending, Inc. and recorded July 3, 2013 as Reception No. 837600 and re-recorded August 15, 2013 as Reception No. 839333. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in goad standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No, 01330-27038 Page 2 of 2 STEWART TITLE CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY -100.1.111 xxienic:t» ,x. Anti -Fraud Statement CRS 10-1-128 File No.: 01330-27038 "It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies." File No.: 01330-27038 Page 1 of 1 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? 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 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 non -financial 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 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 and state 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 1 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.: 01330-27038 Page 1 of 1 CO STG Endorsement 110.1 Deletion of Exception ALTA Owner ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-001852959 Issued by STEWART TITLE GUARANTY COMPANY File No.: 01330-27038 Charge: $50.00 Said Policy is hereby amended by deleting paragraphs 1 - 4, inclusive of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: Stewart title guaranty company Authorized Countersignature Matt Morris - Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 Agent ID: 06051A Endorsement Serial No. File No. 01330-27038 STG CLTA Form 110.1 Deletion of Exception ALTA Owner E-9851-235780390 President and CEO, Denise C-rraux Secretary Page 1 of NAME BACON, DEAN ALAN RANCHO MINNESOTA INC HAYDEN, KARL A. AND WENDY S. 200 FEET ADDRESS 10089 COUNTY ROAD 113 9738 COUNTY ROAD 113 PO BOX 1556 Page 1 CITY STATE CARBONDALE CO CARBONDALE CO CARBONDALE CO ZIP 81623 81623 81623 III Irk%Fit 11111 Reception#: 772786 08104/2009 11,22:29 RM Jean Alberico 1 of 1 Rec Fee:$6.00 Doc Fee;0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of COULTER CREEK VALLEY RAN9H, LLLP a Colorado(ddfyS6kfd/I644///I�LMJiJ]1i' H01#46141IIVefrifil. ll /I I, kltll/�fifi./� illagiIli46 tld¢4111/11 i{clita ll aiiiil, s 1 /, registered limited liability limited partnership, ANdYietIIWithkh/s'ldd1bll M(ddalildilcidIIIIjkAidiAithlrit/IIat6LI ldiIII tklidtll /8L ,df), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is COULTER CREEK VALLEY RANCH, LLLP and is formed under the laws of Colorado The mailing address for the Entity is 81612 PO Box 1714, Aspen, CO The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is JANES D. PETERSO:J, GENERAL PARTNER The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: NONE (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this 3rd day of August Signature: � : , Name(typed or printed: JA- . PETERSON Title (if any) : GENERAL PARTNER STATE OF COLORADO )SS. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 3rd day of August , 2009 by James D. Peterson , on behalf of Coulter Cre•k Valley Ranch, LLLP , a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires: [SEALI 05/09 (Not Public) 11111 WI i PJ',il� i� ilei 11011 11 II Reception#: 779867 12/29/2009 03:00 46 PM Jean Alberlco 1 of 3 Rec Fee $16 00 Doc Fee 0 00 GARFIELD COUNTY CO CORRECTION BARGAIN AND SALE DEED KNow Au. MEN BY THESE PRESENTS that JAMES D. PETERSON, of the County of Pitkin and State of Colorado, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to COULTER CREEK VALLEY RANCH, LTD., whose address is PO Box 1714, Aspen, CO 81612, of the County of Pitkin and State of Colorado, the following real property situate in the Counties of Garfield and Eagle and State of Colorado, to -wit: Township 6 South, Range 87 West, 615 P.M. Section 29: E1/2 E1/2 Section 32: E1/2 NE1/4, NE1/4 SE1/4 Section 33: NWl/4, N1/2 SW1/4, W1/2 W1/2 W1/2 NE1/4 ALSO All that part of the SW1/4 NE1/4 and W1/2 SE1/4 of Section 29 and all that part of the NW1/4 NE1/4 of Section 32, all in Township 6 South, Range 87 West of the 6th P.M., Garfield County, Colorado, lying Easterly of the following described line: Beginning at a point on the Southerly line of the E1/2 NE1/4 of said Section 32 whence the East Quarter Corner of said Section 32 bears S. 89°50' E. 1323.30 feet; thence N. 02°09' E. 740.92 feet to a point on a fence as constructed and in place; thence N. 02°22' E. 591.97 feet along said fence; thence N. 01°08' W. 347.62 feet along said fence; thence N. 49°i6' W. 527.03 feet along said fence; thence N. 15°55' W. 567.57 feet along said fence; thence N. 51°32' E. 209.89 feet along said fence; thence N. 22°15' E. 553.87 feet along said fence; thence N. 35°48' W. 474.23 feet along said fence; thence N. 17°23' W. 450.89 feet along said fence; thence N. 48°52' W. 229.37 feet along said fence; thence N. 24°31' W. 784.06 feet along said fence; thence N. 01°18' W. 300.28 feet along said fence; thence N. 14°51' W. 724.92 feet along said fence; thence N. 34°06' E. 550.43 feet along said fence to its intersection with a fence running East and West; thence N. 34°06' E. 313.23 feet to the Northerly line of the SW1/4 NE1/4 of said Section 29. EXCEPTING from the above parcels that portion conveyed to the Board of County Commissioners for road purposes by Document recorded August 8, 1931 in Book 159 at Page 285 as Reception No. 110503. TOGETHER with the following water rights: West Highline Ditch No. 131 Garfield County, Colorado Township 6 South, Range 87 West of the 6th P.M. Section 27: All that portion in the 51/2 N1/2 and the 51/2 lying Westerly of Cottonwood Pass Road (Eagle County Road #5-104) as constructed and in place. Section 28: W1/2, SE1/4, 51/2 NE1/4 Section 33: All that portion of the NE1/4 being in Eagle County and lying Westerly and northerly of Cottonwood Pass Road (Eagle County Road #5-104) as constructed and in place. Garfield and Eagle Counties, Colorado Township 7 South, Range 87 West of the 6`h P.M. Section 5: Lots 3, 5, 6, 9, 10, 11 and SE1/4 NW 1/4 Section 6: Lot 9 and that part of Lot 1 lying South of Lot 12 and lying South of a line drawn from the Southwest Corner of Lot 12 of said Section 6 to the Southeast Corner of Lot 2 of said Section 6. Correction Bargain and Sale Deed Page 1 of 3 1III 1 ;6 WJiiri,411N1/417,Ihiii 11111 Receipt. ion#: 779£67 12/29/2009 03:00:46 PM Jean Plberico 2 of 3 Rec Fee $16 00 Doc Fee:0.00 GARFIELD COUNTY CO Excepting from the above that portion conveyed to the Board of County Commissioners of Garfield County for road purposes by Deed recorded March 12, 1898 in Book 20 at Page 588 as Reception No. 20794 , and October 5, 1904, in Book 64 at Page 22 as Reception No. 29944, and excepting that portion conveyed to Lovell Grumley and Nancy Grumley by Deed recorded July 20, 1990, in Book 783 at Page 986 as Reception No. 414818, and excepting that portion conveyed to School District No. 6 by Deed recorded April 3, 1895, in Book 38 at Page 275 as Reception No. 18295. Garfield County, Colorado TOGETHER with the following water rights, including, but not limited to: Prior Ditch No . 25, 7/10 c.f.s. Coulter West Side No. 32,1 c.f.s. Enlargement of Coulter West Side Ditch No. 32 for Harley's Pond Coulter Springs (0.067 c.f.s.) Pat McNulty Ditch No. 1, 8/10 c.f.s. Pat McNulty Ditch No. 2, 5/10 c.f.s. (originally 8/10 c.f.s. less 3/10 c.f.s. conveyed to Mary McNulty subdivision in 1983 for water well supplement) The 5E1/4 NW1/4, the SW1/4 NE1/4, NW1/4 5E1/4, SW1/4 NW1/4, all of Lot 1, Lot 2 and Lot 4, all in Section 32, Township 6 South, Range 87 West of the 6th P.M. The N1/2 NW1/4 of Section 32, Township 6 South, Range 87 West of the 6th P.M. All that part of the SW1/4 NE1/4 and the W1/2 SE1/4 of Section 29 and all that part of the NW1/4NE1/4 and the E1/2 NE1/4 of Section 32, all in Township 6 South, Range 87 West of the 6th P.M., Garfield County, Colorado, lying Westerly of the following described line: Beginning at a point on the Southerly line of the E1/2 NE1/4 of said Section 32 whence the East Quarter Corner of said Section 32 bears 5. 89°50' E. 1323.30 feet; thence N. 02°09' E. 740.92 feet to a point on a fence as constructed and in place; thence N. 02°22' E. 591.97 feet along said fence; thence N. 01°08' W. 347.62 feet along said fence; thence N. 49°16' W. 527.03 feet along said fence; thence N. 15'55' W. 567.57 feet along sald fence; thence N. 51°32' E. 209.89 feet along said fence; thence N. 22'15' E. 553.87 feet along said fence; thence N. 35°48' W. 474.23 feet along said fence; thence N. 17°23' W. 450.9 feet along said fence; thence N. 48°52' W. 229.37 feet along said fence; thence N. 24°31' W. 784.06 feet along said fence; thence N. 01°18' W. 300.28 feet along said fence; thence N. 14°51' W. 724.92 feet along said fence; thence N. 34°06' E. 550.43 feet along said fence to its intersection with a fence running East and West; thence N. 34°06' E. 313.23 feet to the Northerly line of the SW1/4 NE1/4 of said Section 29. TOGETHER with any and all ditch and water rights belonging to, used upon or in connection with the above described property, including, but not limited to: 20 Shares in Consolidated Reservoir, Inc. and all water and water rights associated with said Consolidated Reservoir, Inc. pertinent to said 20 shares 1 cfs in the Ralston ttl Ditch with an appropriation date of October 1, 1884. EXCEPT a strip of land bounded and described in a warranty deed dated October 3, 1904 from Amos Ralston to the Board of County Commissioners of Garfield County, recorded as Document No. 30260 in Book 64 at page 73, on January 5, 1905, as follows: Beginning at a point on the line to Lots 1 and 3, Section 32, Township 6 South, Range 87 West, 6'h P.M. whence the SW corner of Section 32, in said Township bears 5. 55"33' W. 2626 feet; thence N. Page 2 of 3 Correction Hargan and Sale Deed 1111 Jet INI:t .:141):11U.IrillliIi 11111 Receptionti: 779867 12/29/2009 03:00,46 PM Jean 91b Tion IELD COUNTY CO 3 of 3 Rec Fee:$16 00 Doc ee 39°18' E. 178 feet to a point; thence N. 31°00' E. 621.4 feet to a point; thence S. 82°14' E. 401.7 feet to a point; thence N. 18°52' E. 189 feet to a point; thence N. 19°30' W. 390 feet to a point; thence N. 46°14' E. 460 feet to a point; thence N. 81°52' E. 210 feet to a point; thence N. 31°12' W. 252 feet to a point; thence N. 14°44' W. 296 feet to a point; thence N. 10°10' W. 310 feet to a point; thence N. 29°50' E. 348 feet to a point on the center of the county road as now upon the ground, and leading Southwesterly to the "Fisher Ranch" comprising an area of 5.05 acres more or less, and being a strip of land 60 feet in width, for county road purposes. Atso EXCEPTING a tract of land situated in Section 32, Township 6 South, Range 87 West of the 6th P.M., said parcel being particularly described as follows: AU that part of a parcel of land described in Book 445 at Page 131 of the Garfield County Clerk and Recorder's records lying South and East of the following described line: Beginning at a point in a fence line whence the N1/4 Corner of said Section 32 bears N. 08°08'21" E. 3959.68 feet; thence along said fence line the following nine (9) courses: N. 01°31'21" W. 422.97 feet; thence N. 37°13'37" E. 507.14 feet; thence N. 11°16'59" E. 119,87 feet; thence N. 29°49'20" E. 197.85 feet; thence N. 23°10'28" E. 219.91 feet; thence N. 88°48'05" E. 109.21 feet; thence N. 60°55'30" E. 504.23 feet; thence N. 10°09'32" E. 67.86 feet; thence N. 57°59'22" E. 322.99 feet; thence N. 90°00'00" E. 573 feet more or less to the East line of said parcel of land described in Book 445 at Page 131. Said tract of land contains 78 acres more or less. TOGETHER WITH all water and water rights and ditch and ditch rights, including, but not limited to: Tom's Spring 4/10 cfs in the Prior Ditch #25 with an appropriation date of August 25, 1884 THIS CORRECTION DEED Is GIVEN TO CORRECT the description of water rights contained in that certain Bargain and Sale Deed recorded in Book 850 at Page 961 at Reception No. 442597 in the Garfield County records and in Book 598 at Page 022 at Reception No. 494113 in the Eagle County records. Signed and delivered this a 8 day of STATE OF COLORADO COUNTY OF a04z'Ctf:1� ) ) 5s. The foregoing instrument was acknowledged before me this ab day of December, 2009, by James D. Peterson. Witness my hand and official seal. My commission expires: (N' cs_ \ } X),C 3 Notary Public Correction Bargain and Sole Deed SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commis:ion Vines 06/01/2013 After Recording, Return to: Balcomb & Green, P.C. PO Drawer 790 Glenwood Springs, CO 81602 Page 3 of 3 Mineral Rights Mineral rights will not be conveyed as part of the Coulter Creek Valley Ranch & Provencio transaction. Richard Deming, Deming Land Surveying LLC. working on behalf of Henry & Heather Provencio, conducted two searches of the Garfield County records in order to determine mineral rights ownership, and to obtain other records information pertinent to this transaction. Additionally; Henry Provencio asked Coulter Creek Valley Ranch and Stewart Title if they had information on who might own the mineral right. A search was done on BLM records and the attached information was discovered, the owner of the mineral rights for Lot 1 of the Petts/Holmes Subdivision and the Coulter Creek Valley Ranch LLC. appears to be the U.S. government. /s/ Henry Provencio HENRY PROVENCIO 9755 County Road 113 Carbondale, CO 81623 970-945-1479 home 970-219-1816 cell Deaver 046039 4-1013-n Lit tiniteb to.te5 of Zr.erica, Iro aII to tnfjom tfjt5e presents OA come, erecting: SAS, a Certificate of the Register of the Land Offioe at Denver, Colorado has been deposited in the General Land Offioe, whereby it appears that, pursuant to the Act of Congress of ley 20, 1862, "To Secure Homesteads to Annul Settlers on the Public Domain," and the acts supplemental thereto, the claim of Harriet Ann laulty has been established axed duly consummated, in con- formity to law, for the northeast quarter of the southeast quar- ter of Section twelve in Township seven south of Range eighty- eight west and the southeast quarter of the northeast quarter, the east half of the southeast quarter and the southwest quarter of the southeast quarter of Section twenty-five, the south half of the southeast quarter of Section thirty-two, the southwest quar- ter of the southwest quarter of Section thirty-three and the north- west quarter of the northeast quarter and the northeast quarter of the northwest quarter of Section thirty -sir in Township six south and the Lot four of Section four, the Lots one and two of Section five and the northeast quarter of the southeast quarter of Seotion seven in Township seven south all in Range eighty -$even vest of the Sixth Principal leridian, Colorado, containing five hundred fifty-nine aures and seventy hundredths of an acre, according to the Official Plat of the Survey of the said Land, on file in the General Land Offioe: ECORD OF PATENTS: Patent Aum i‘),;:)"1 om, iS�Ll Denver 046039 4-1044-R NOW KNOW TZ, That there is, therefore, granted by the UNITED STATES unto the said Harriet Ann McNulty the tract of Land above described; TO HAVE AND TO HOLD the said tract of Land, with the ap- purtenances thereof, unto the said Harriet Ann Maltulty and to her heirs and assigns forever; subject to any vested and accrued water rights for mining, agricnftural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with each water rights, as may be recognized and acknowledged by the lova; customs laws, and decisions of courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or can- als constructed by the authority of the United States. Excepting and reserving however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for mi and remove the same pursuant to the provisions and limitations If the Act of December 29, 1916 (39 Stat. 862). Reserving unto the United States, its permittee or licensee, the right to enter upon occupy and use, any part or all of that portion of the northeast quarter of the southwest quarter of said Section seven lying within 50 feet of the center line of the trans- mission line right of way of the Central Colorado Power Company, for the purees provided in the Act of June 10, 1920 (41 Stat. 1063) and subject to the conditions and limitations of Section 24 of said Act, as amended by the Act of August 26, 1935 (49 Stat. 846). (SEAL) IN TESTIMONY WHEREOF, I, Franklin D. Roosevelt, President of the United States of America, have caused these letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed. FOURTH GIVEN under my hand, at the City of Washington, the day of NAVE"..�l::R in the year of our Lord one thousand nine hundred and FORTY–TWO and of the Independence of the United States the one hundred and SIXTYSEVENTH Hy the President: 474.414.14/ ` e-d-er2-3,6&4 . Secretary. By „actz tl Chief, Patents Division, '11440ffi" RECORD OF PATENTS: Patent Number 3 6444 0. Z. eovu“.en rRixu.e orrw• 2 Page 1 of 1 Land Patent Details Accession Nr: 128214 Document Type: Serial Patent State: Colorado Issue Date: 5/5/1910 Cancelled: No Names On Document 'Xi Patentee WATERS, Military Rank: --- THOMAS Document Numbers Document Nr. 02843 Misc. Doc. Nr: 0 BLM Serial Nr: COGS 0002843 Indian Allot. Nr: --- Miscellaneous Information Land Office: Glenwood Springs US Reservations: Yes Mineral Reservations: No Tribe: Militia: State In Favor Of: Authority: May 20, 1862: Homestead EntryOriginal (12 Stat. 392) Survey Information Total Acres: 160.08 Survey Date: Geographic Name: Metes/Bounds: No Land Descriptions StateMeridian Twp - Rng Aliquots SectionSurvey #County CO 6th PM 006S - 087WSE1/4SW1/433 Garfield CO 6th PM 006S-087WNWY.SE'/33 Eagle CO 6th PM 006S-087WSW1/4SE1/433 Eagle CO 6th PM 007S - 087WLot/Trct 3 4 Garfield REMARKS: LOT 3 OF NENW file://C:\Users\hprovencio\Ai rData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\G9D... 6/26/2014 (RECORD OF PATENTS.) 4-405a-tyr. PATENT NUMBER 128214 � r flrtitrW #tatto of Antrtira, ito all in Han: Him }mantis sl;all mune, fgrretim9: Glenwood Springs 02843. WHEREAS, There has been deposited in the GENERAL LAND OFFICE of the United States a Certificate of the Register of the Land Office at Glenwood Springs, Colorado, whereby it appears that, pursuant to the Act of Congress approved 20th May, 1882, "To secure Homesteads to Actual Settlers on the Public Domain," and the acts supplemental thereto, the claim of THOMAS RATERS has been established and duly consummated, in conformity to law, for the Lot three of Section four in Township seven south and the southeast quarter of the southwest quarter and the west half of the southeast quarter of Section thirty-three in Township six with all in Range eighty-seven west of the Sixth Principal Meridian, Colorado, containing one hundred sixty and eight -hundredths acres, according to the Official Plat of the Survey of the said Land, returned to the GENERAL LAND OFFICE by the Surveyor General: NOW KNOW YE, That there is, therefore, granted by the UNITED STATES unto the said Thomas Raters the tract of Land above described; TO HAVE AND TO HOLD the said tract of Land, with the appurtenances thereof, unto the said Thomas Raters and to his heirs and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and aoknoTledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law. And there is reserved from the lands hereby granted, a right of Tay thereon for ditches or canals constructed by the authority of the United States. (SEAL) IN TESTIMONY WHEREOF, I, William R. Taft , President of the United States of America, have caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Washington, the 1ILe1B_____ day of ___—__ldAI_______, in the year of our Lord one thousand nine hundred and T. and of the Independence of the United States the one hundred and TECRIM IIRT$, '`'f—' By the President:. --a4,/,/,V la 1 By_ Secretary. Acting Res• •>r of the General Land Offices. (RECORD OF PATENTS.) 44118a1yr. PATENT NUMBER. 08309 � r 11nthrb ftttro of Antrrirtt, ara all to mlµrm tlpar prrarnts al1all rnmr. Grrrting: Glenwood Springs 01191. WHEREAS, There has been deposited in the GENERAL LAND OFFICE of the United States a Certificate of the Register of the Land Office at Glenwood Springs, Colorado, whereby it appears that, pursuant to the Act of Congress approved 20th May, 1862, "To secure Homesteads to Actual Settlers on the Public Domain," and the acts supplemental thereto, the claim of PATRICK MCAt1LTY has been established and duly consummated, in conformity to law, for the northeast quarter of the southeast quarter of Section thirty-two and the north half of the southwest quarter and the southeast quarter of the northwest quarter of Sec- tion thirty-three in Township six south of Range eighty-seven west of the Sixth Prin- cipal Meridian, Colorado, containing one hundred sixty acres, according to the Official Plat of the Survey of the said Land, returned to the GENERAL LAND OFFICE by the Surveyor General: NOW KNOW YE, That there is, therefore, granted by the UNITED STATES unto the said Patrick McNulty the tract of Land above described; TO HAVE AND TO HOLD the said tract of Land, with the appurtenances thereof, unto the said Patrick McNulty and to his heirs and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law. And there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. (SEAL) 6-878 IN TESTIMONY WHEREOF, 1, William A. Taft , President of the United States of America, have caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Washington, the FIRST day of. FEBRUARY. , in the year of our Lord one thousand nine hundred and TION. and of the Independence of the United States the one hundred and TEIRTY-FOUBTH. By the President. By Recorder of the Gener: Land Office. Page 1 of 1 Land Patent Details Accession Nr: 128214 Document Type: Serial Patent State: Colorado Issue Date: 5/5/1910 Cancelled: No Names On Document Patentee WATERS, Military Rank: --- THOMAS Document Numbers Document Nr: 02843 Misc. Doc. Nr: 0 BLM Serial Nr: COGS 0002843 Indian Allot. Nr: --- Miscellaneous Information Land Office: Glenwood Springs US Reservations: Yes Mineral Reservations: No Tribe: Militia: State In Favor Of: Authority: Survey Information Total Acres: Survey Date: Geographic Name: Metes/Bounds: No May 20, 1862: Homestead EntryOriginal (12 Stat. 392) 160.08 Land Descriptions StateMeridian Twp-Rng Aliquots SectionSurvey #County CO 6th PM 006S-087WSE1/4SW1/433 Garfield CO 6th PM 006S - 087WNW'/SE1/433 Eagle CO 6th PM 006S -087WSW'/SEY33 Eagle CO 6th PM 007S - 087WLot/Trct 3 4 Garfield REMARKS: LOT 3 OF NENW (RECORD OF PATENTS,) 4 40 a-tyr. PATENT NUMBERA-08302 tars ia1 Antrxira, aro all to mount *sr prrsrnds sEtali rnnu, (brrriifl : Glenwood Springs 01191. WHEREAS, There has been deposited in the GENERAL LAND OFFICE of the United States a Certificate of the Register of the Land Office at Glenwood Springs, Colorado, whereby it appears that, pursuant to the Act of Congress approved 20th May, 1862, To secure Homesteads to Actual Settlers on the Public Domain," and the acts supplemental thereto, the claim of PATRICK McNULfl has been established and duly consummated, in conformity to law, for the northeast quarter of the southeast quarter of Section thirty-two and the north half of the southwest quarter and the southeast quarter of the northwest quarter of Sae - tion thirty-three in Township six south of Range eighty-seven west of the Sixth Prin- cipal Meridian, Colorado, containing one hundred sixty acres, according to the Official Plat of the Survey of the said Land, returned to the GENERAL LAND OFFICE by the Surveyor General: NOW KNOW YE, That there is, therefore, granted by the UNITED STATES unto the said Patrick McNulty the tract of Land above described; TO HAVE AND TO HOLD the said tract of Land, with the appurtenances thereof, unto the said Patrick Vaulty and to hie heirs and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law. And there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. (SEAL) IN TESTIMONY WHEREOF, I, William H. Taft , President of the United States of America, have caused these letters to be made Fatent, and the Beal of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Washington, the FART _ day of __FENR AttY. , in the year TEN. of our Lord one thousand nine hundred and and of the Independence of the United States the one hundred and RTS POtffi- By the President "� /Je Secretary. Recorder of the Gener Land Office. M1111 NIMM 558279 81/29/2999 93:41P B1168 PtiS2 h WNW 1 of 4 R 28.0i !1 5.85 GAtRFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS PETTS/HOLMES SUBDIVISION IN GARFIELD COUNTY, COLORADO KNOW ALL MEN by these presents that ROBERT F. PEWS and CATHLEEN E. HOLMES, being the owners of The Petts/Holmes Subdivision, a tract situated in the WYSWY. NWYSE%, the SW SEV4 and the SEV4SWY4 of Section 33, Township 6 South, Range 87 West of the 6th P.M. and also in Lot 3 of Seeders 4, Township 7 South, Range 87 West of the 6th P.M., in Garfield County, Colorado, and being desirous of ping party values and the health, convenience, welfare, and use of the owners of lots therein, does hereby declare and adopt the following restrictions, covenants, and conditions, each and all of which shall be applicable to and run with such lots, as the same appear upon plat thereof filed for record an' Baer th& a3,,1997, as Document No.3i30o9 in the office of the Garfield County Clert and Recorder, said restrictions, covenants, and ecnditions being as follows: 1. Definition An used in these Protective Covenants, the following word, terms, and letter designations shall have the following meanings: a. "Subdivision' shall mean the Petts/Holmes Subdivision, filed of record on ee rn t er 1/3 ,1997 as Document No. .6/i3PoN in the Office of the Garfield County Clerk and Recorder. b. 'Lot' shall mean a lot in the Subdivision. e. 'Ownee shall mean the owner of a lot in the Subdivision. d. 'Declarant' aball anean ROBERT F. PETTS and CATHLEEN -. HOLMES as property owners and developers of the subdivision. 2. limitations on Structures• Single Famijy Resid®ntial Use Only. The property iv. the Subdivision is intended to be developed for single-family residential purposes a. No more than one (1) detached single-family dwelling shall be erected upon any lot inclusive of an attached or detached garage for no more than four (4) automobiles, and except for other buildings) for recreational functions, work shop. vehicle storage, guest quarters, or other uses which are in accordance with Garfield County Regulations. BASALT REALTY 0206 CODY LANE BASALT CO 81621 IIN1111111111111111 ,1, r+;1111111111 111/211/21101 113:41/1 DUO 2 ofT 4 R 29. .!e CANFIELD pOW C91RiT7 CO 11 AM0 • RE b. No structure on any lot shall be constructed closer to any side or rear lot line or any front tot tine than the standard established under applicable Garfield County codes. In siting structures, the effect upon drainage and erosion control on the site lot and adjoining lots shall be considered so as to avoid negative impacts. 3. Resubdivision Prohibited. The resubdivision of a lot by an individual lot (shiner other than the Declarant is prohibited. Boundary line adjustments which do not result in the creation of additional 10121 shall not constitute resubdivision. 4. Lenshopkg• Landscaping which prevents erosion and drainage into adjoining properties shall be established and maintained to deter loss of soil and drainage onto adjoining properties. Only non-toxic, biodegradable products shall be utilized in establishing and staining yards and landscaping. The methodology described in 'Determining Safety Zone Dimensions, Wildfire Safety Conditions for Rural Homeowners' (Colorado State Forest Service) shall be observed, to maintain minimum and defensible space requirements for the required defensible space within building envelopes in areas exceeding five percent (5%) grade. 5. No Temsxtrpry Structure. No structures of a temporary character, trailer, basement, shack, garage, barn, or any other outbuildings of any description shall be used on any lot„ except on a temporary basis not exceeding nine (9) months by the Owner or construction contractor constructing a dwelling on a lot. Compliance with the GarfieId County Regulations is required with respect to such temporary structure permitted under this paragraph. S. Nq Commercial Use. There shall not be permitted or maintained upon any lot or any part thereof any trade, business, or industry, except 'in-house or cottage business' whose employees are limited to the immediate family of the owner, shall be permitted and that Canners may rent or lease their dwelling for residential purposes when not required for the O3svner's use. Renting or leasing of the dwelling may only be done for the entire dwelling. No apartments or other divisible use of the dwelling shall be utilized by anyone other than the Owner and Owner's guests, and any such use shall be deemed a commercial use and subject to immediate injunction by other Owners. 7. Ftreplacx�. No open hearth solid -fuel fireplaces shall be permitted in residences, and not more than one (1) 'new, wood -burning stove," as defined by C.R.S. 25-7- 407, et seq. and the regulations promulgated thereunder, shall be permitted in any residence. 8. Pets. No more than one (1) dog shall be kept and maintained on either rot in the subdivision. 2 11E11 1111111111 2x27! 01,28/28ee 03:41P osis! 11 RUMP 3 of 4 R 29.00 0 O.00 =FIELD COUNTY CO 9. Maintenance of Property. a. The Owner of each tot shall keep the same clear and free of rubbish and trash and noxious weeds and shall keep the structures thereon in good repair doing such maintenance as may be required for this purpose. b. No nodous or offensive ooaduct or activity shall be carried on upon any lot or in any structure thereon which may constitute a heath hazard, nuisance, or annoyance to the neighborhood. c. In the event clothes lines, equipment, garbage cans, service yards, woodpiles, or storage areae are not screened from view by natural elements screening shall be aonomplisbed by pia:oliag or construction to conceal the same from view of neighboring lots and streets. d. The outside burning of any trash, rubbish, or other materials shall not be permitted without obtaining a burn permit front proper governmental author- ising authority. Standard and approved outdoor barbecues and fireplaces shall be allowed for the preparation of foodstuffs only. 10. Woroement of Covenants alQ RexMctiaos. a j fight of Action Bach Owner of the lots within the Subdivision shalt have the right to prosecute any action for injunctive relief and for damages by rea;oa of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable tests and attorneys' fees. b. limitation of Actions. b the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of these Covenants, and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. 11. Covenants Rust With Land, These Covenants are to run with the land and shall be binding upon all parries and all persons claiming under then until the year 2018, at which time said Cevenanrs shall be automatically extended for successive periods of ten (10) years toeless by vote reflected by signed documents duly recorded by each of the then Owners it is agreed to change said Covenants in whole or is part. 12. Termination of Covenants. These Covcuants may be lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained. 3 4 of 4 R 20.00 0 !.08 ORRFIELD COUNTY CO 13. amity, , ',alto( Declaration. Ttds Declaration may be amended by a writing, executed by each of the owners. Any amendment shall become effective upon recordation, provided a properly certified copy of the resolution of amendment is placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 14. Notice to Lot Owners. Written notice of matters pertaining to these shall be stmt to all owners by delivering such via regular first-class mail to the addresses of such owners. as shown by the records of the Assessor of Garfield County, Colorado. 15. Severability, The invalidation of any one of these Covenants by judgment or court shall not affect any of the other provisions which shall remain in full force and effect. 400-0 DATED this Zo day of .Skec,uarj , 199-7 n ROBERT F. Pi i'lb CATHLEEN E. HOIMES STATE OF ee ecilr ie ) ss COUNTY OFQtr(utI ) The foregoing instrument was acknowledged before me on this ZIP' day of ,'1997, by ROBERT F. PE 1'13 and CATHLEEN E HOLMES. Witness my hand and official seal. My commis fon expires: O y 3t) 31V1S 3ll8fld AMON trafl0 1333i1.3iJ3f Ndtary 4 llll11ltni ► Nilmagm1111111 7930' f / / • ►4" 44 C45 44- ji f RAN1;HD MINNESOTAJNQ 973$ COUNTY ROAD 113—" I CARBONDALE-CLO 1-623� 'rf � Lor 1 PETTS/KQLMES SUED �--Dra t,v /- �CARL,_ANO-JIVE rY- {AYDE 00 PO BOX 1556.1. CARBOND-A1 CO -131623 LOT --2- :-PUTTS/HESE'-SURD Z • SECTION 33, !S /1 TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M. VICINITY MAP FOR PROPOSED AMENDMENT TO LOT 1, PETTS HOLMES SUBDIVISION onsolidated Rase vas T7S -- R87W T7S R87W 18 Garfield County_ CO Date Printed. 07/18/2014 8 17 16 This map is forillustrative purposes only adoes not ieprt accuracy, timeliness or completeness. The user acknowledges and ecccpts an mnerent limitations or the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. oosiS CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL YEN BY THESE PRESENTS THAT THE UNDERSIGNED ROBERT F POTS AND CATHLEEN E HOL.ME5 BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY 91UATE0 N THE COUNTY OF GARFIELD. STATE CE COLORADO. SAO REAL PROPERTY BEING YORE PARTICULARLY DESCRIBED AS FOLLOWS. A TRACT OF LAND SITUATED N THE W1/25WI/4NW1/45E1/4, THE 094/4511/1 AND THE SE1/4SWE/4 Cr SECTION 33, TOWNSHIP 8 SOUTH. RANGE 87 NEST 04 THE 6TH P.M. AND ALSO N LOT 3 OF SECTION 4. TONNSHIP 1 500TH, RANGE 87 REST OF THE BRI P.Y„ COINVTY O GARFIELD. 5141E OF COLORADO. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.. BEGINNING AT A POINT ON THE EAST LRE OF THE NE1/45W1/4 OF SAID SECTION 33 FROM W11CH THE CENTER 1/4 CORNER OF SAD SECTION 33 MARS N.0010'30"E_ 658.89 FEET: THEN &800315TH. 151.85 FEET: THEN 0.4903'16"E. 2710 FEET TO THE GARFIELD/EAGLE COUNTY LINE; THEN 5.00'40'06"1 1959.70 FEET ALONG 5M0 COUNTY LINE TO THE SOUTH LINE OF SAID SW1/4SE1/4 SECTION 33; THEN ALONG SAID SOUTH LINE 6.8953'16"W, 201.22 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 33; THEN S.0012'18'E. 202.04 FEET ALONG 114E EAST LINE OF SAD LOT 3, SECTION 4, THEN DEPARTING SAID EAST LINE 6.87)6'03'W. 1311.37 FEET TO A POINT IN THE CENTER OF COUNTY ROAD /113; TEEN ALONG THE CENTERLINE OF SAD COUNTY ROAD THE FOLLOWING COURSES. N.l612'07-E. 425.31 FEET: N.2476'22'1. 14127 FEET: N.37'37'331 501.90 FEET; 6.47'26'3410. 440.96 FEET, N,54'44'38'1 131.64 FEET. 44.01'04'19"E 29186 FEET TO THE NORTH UNE OF 5410 SE1/45W1/4 OF SECTION 33, THEN DEPARTING SAID CENTERLINE ANO ALONG SAID NORTH LINE 5.89'36'20"E. 13416 FEET TO THE NORTHEAST CORNER OF SAID SE1/45W1/4: THEN 40(T)0'3010 ALONG THE WEST LINE OF SAID W1/2SW1/414W1/45E1/4 658.89 FEET TO THE POINT OF BEGINNING CONTAINS 39 83 ACRES A5 DESCRIBED SAID 01W4ER(0) HAYS 8Y THESE PRESENTS LAID OUT, PLATTED AND 5UBD19DED THE SAME INTO LOTS 65 SHOWN HEREON AND DO HEREBY DESIGNATE THE SAME AS THE "PETITS/HOLMES 51180195104". A 5091(5904 IN THE COUNTY OF GARFIELD. 5101E OF COLORADO. AND BY THESE PRESENTS_ DO HEREBY DEDICATE TO THE COUNTY OF GARFIELD. STATE OF COLORADO. FOR PUBLIC 415E THE COUNTY RDA) ROAD RIGHT OF WAY(5) AS 51 -OWN HEREON FOR 115' INOICAIED PUBLIC USE AHD THAT MAINTENANCE OF SAID COUNTY ROAD 91GH1 OF WAY(5) WILL BE THE SOLE RESPCN51BI13T'Y OF THE COUNTY OF GARFIELD... .NOT THE �L�G'�RANTOR ERTc PE 5 _4w��__ N E HOLMES STATE OF 41G11-lENEfer' careAIl4 COUNTY THE fQR'0 NG 110 E 01 ar(00T9 405 ACKNOWEEDOEO BEFORE 41 THIS..,,$ OF Irl A.D 19=.7. .. 91 90 4141 f PERS AND CA 101116 E. HIX MES AS INDIVIDUALS M1 TME c Y IA(I.'J ANTI P� Ammo **0•emeistemetite NOTARY PUBLIC 01031 St:i(t 4Y COMMI5510N EXPIRES. L. •J1 0 0S TATE CIF t, '71 L,RADO My C;;;;;Zl9n F E,res YY74.;;7 COUNTY COMMISSIONERS 01RTI1.1) 1 THIS PLAT, APPROVE Y. THE BOARD 01161? ";;OMMISSIONERS, GARFIELD 000610 COLORADO THIS_ _t2 DAY OF Elecem Deep, 4.0 193_ __ , FOR FILING VAIN THE CLE9N AND RECORDER OF GARFIELD COUNT? AND FOR CONVEYANCE 10 THE CON, OE GARFIELD PUBLIC DEDICATIONS SHORN HEREON. SUBJECT TO THE PR0090N5 THAT APPROVAL N NO WAY OBLIGATES THE COUNTY O GARFIELD FOR THE FINANCING OR CONSTRUCTING OF IMPROVEMENTS ON LANDS. PUBIC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC EXCEPT AS SPECIFICALLY AGREED TO BY THE COUNTY O GARFIELD AND FURTHER THAT SA10 APPROVAL SHALL N NO WAY OBLIGATE THE COUNTY OF GARF1110 FOR MAINTENANCE OF 5TREE15 AND UTILITIES DEDICATED 10 THE PUBLIC LINN( CONSTRUCTION OF IMPROVEMENTS THEREON SHALL HAVE BEEN COMPLETED 10 THE 0AT:514000N DF THF BOARD OF COUNTY COMMS0ONERS041 GARFIELD COUNTY, COLORADO ! L CHAIRMAN. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY. COLORADO B. AL O THE COUNTY O GARFIELD. COLORADO. ATTEST COUN 1 (LER ATTORNEY' 5 CERTIFICATE AS 1Y, AN ATTORNEY LICENSED TO PRAC10E LAW IN THE STATE COLORADO DC 151810? c1R11 THAT ALL DE 008110N5 TO THE PUBLIC, AS DES00060 ON 5015 =NAL PLAT API ER11 ANC (FAR LH ANY I.I1N5 17,17WyrC�fj 1:0411`.�.�S,j OLU Ni 41:41104 _� 4 AIMS AND i' AND 131410E0 STAII HAY THIS SUBDIVISION 15 N SUB GARFIELD COUNT? ' 0105106 REGULATIONS 01 1984 CARE It 1 COUNTY CLERK AND RECORDERS LFR Tit IC A-E THIS PLAT WAS 'I1E0 100 ?f_.cqijo 1N 141 OFFICE GAREI 0041510 1 _/}, 0 '0L0Lk 1/ /! CEP ,aVZ9� PUT• Pette/Holmes Subdivision - FINAL SUBDIVISION PLAT A tract of land situated in the SE1/4'SW1/4, the SW1/48E1/4 and the Wt/2SW1/4NW1/ /44 Section 33, Township 6 South, Range 87 West of the 6 P.M. and Lot 3, Section 4, Township 7 South, Range 87 West of the 6th P.M. County of Garfield, State of Colorado CE 1811. THE BE IHR CLERK ]1,i±y CORUI0 (:1 M, OI, 181 DORM 44- 008 pF AND 15 DU Y R0 0 IN BOOK _ PAC) I , RECORDER/.._ • .- `--.--\,IRT \I - � 1 )i.. A I�1.' mi...., y A� ” '' ' / r AYi-. ♦; 7 . l , "A.:: f n y4e� vim \ Ra /.. is Elroy, _ ,1 ,v . ' t% VICINITY MAP SCA11 1' - 2000' LINE 1 00E05100 L DISTANCE LI 589'1/'57"1 33.31' L2 500640'0651 48.03' L3 N240056'6 L4 402'39`53"1 L5 614'52'23 E 22.81' 46 21 3) 07' 16 549133'1610 2710' 63, 17' 50.86' 1_9 449'39'16"E 110 1465'35'561E LIT 649'39'16 E 112-977'32`,7 E 665' 113669'43'4658 18.82' 114 N69'32`si E 63 29' L15 - 500'1030 w. 3386' L16 S8976'20'0 68 38' 117 669.43•46-E 41 29' 018969'324) E 6545' 4119 50050 30 W 64.04' 1.20 581'15'53'1 30 85' 121 589'36'20"E 65 ]8' L22 463'15'0? FF 5191' EL 1 1461'06'13'I 200 37' FL 1 ':70'2100 EL 3 672.33.565E EL 4 674'46'09"E LB 600'46106 w t 5 556'59'53'E Ifi GRAPHIC SCALE 100 0 50 100 200 ,120 Pond 95 ae on, .W/was Cot 42)6'1 400 M MET) 1 9/C14 - IPO PAZ ® Ind.cates (5 98644 W/P6sl.c Cop. Ply /276(3 l0 68 541 Unless Noted Ot6etei87 G) 5486110PS CERTIFICATE 1, SAMUEL D. PHELPS, DO HEREBY CERTIFY THAI I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS O THE STATE OF COLORADO. THAT IRIS PLAT 15 A 1900, CORRECT AND COMPLETE PLAT OF THE 'PET1S/HOL4ES S08010SIOR". COUNTY OF CARPEL), STATE OF COLORADO. AS LAID OUT, PLATTED, DEDICATED AND SHORN HEREON. AI 5000 PLAT WA5 MADE 1909 AN ACC0RAI1 SURVEY O SAID PROPERLY 8Y ME AND UNDER 4Y SUPER4SION AND CORRECTLY SHOWS THE LOCATION ANO DIMENSIONS Of THE 1015, EASEMENTS AND 5161115 O SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN 104711ANCI MTH 1001148FX1 REG11) A11GNS CAARNN0 THE 5UBD109106 OF LAND to LYt(/4t]lE$5E F I VF SF N'I_I HA910 SE. AI THIS_- fBj_ UAV SALILEL �IFsil.'S - 00DRADO REU5IERED PROFESSIONAL. LAND SURVEYOR 4 27613 1000 AND ON BEHALF OF SURVCD. INF'• COON IT SURYTYOR"9 CERTIFICAT1 APPROVED Fe' CONTENT ANC FORM ONLY ANC NOT THE ACCURACY OF SURVEYS. C AL Cul_ A TIONS OR ORATING P = GIANT 10 C N 0 _58- 51 101 el sep. DEPUT` ,A REIE50 C.OUNIY SIIRVEr0 041E 21 , e J997 500VTYOR5 N0115 I) NITS 5080101SIOI PI AI MAI' ODES NOT REPRESENT A MILE SEARCH BY 1015 SURVE FOR UR SURVEYING COMPANY TO 01110AINE OWNERSHIP, EASEMENTS OR 01HER INCJM9RANCEE. ')1 RECON) AI' INFORMAHON PERTAINING TO OWNERSHIP EASEMENTS 08 051116 1N4'14R9Am-15 OI 99009' IA5 BEEN 1AMEN FROM A MILE 165URANCE COIAM11MEN1 155010 BY LAND 1156E GuARANIEE CO. 111.i INSURANCE COMMI'MEN I ORDER (GW16/7 1) DATE OF SURVEY 1LIL' 993 AND 00106(0 1997 3) OWNER Of RECORD ROBERT F 0E115 AND CATHLEEN E H(3LMES 22 SO HAIL 00091 WAYNE. N.1 07070 0) BEARINGS A5 SHOWN 4EREON ARE BASED 1805 'HE S00'H LN1 OF THE SETA* 58 SECTION 33, TOWNSHIP 6 SOUTH. RANCE 87 WEST OF THE 610 P M A5 BEARING N 89'73'16"W MONUMENIATION 8ENG FOUND N THE FIELD A5 N0UTED HEREON 5) CURRENT COUNT? ASSESSOR PARCEL 42189-333-00-0.15 6) THIS 508095104 15 TAKEN FROM A PORTION O THAI HE41 PROP(. R'? AS 0[5091010 N UOCU6EN! RECORDED IN 800. 855 AT PAGE 089 OF THE RECORDS O GARf11, ^ "1111NTY 901101: 600090NC TO 001068110 LAW YOU MUST COMMEN11 AN, ,:0AI AL 104 BASED UPON ANY 0EFECT N 1015 SURVEY 611016 TH4E1 YEARS AFTER YOU 0,051 D15CON.P . (H DEFECT IN NO EVENT, MAY ANY li0 ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCI u .61 THAN TEN YEARS, FROM THE DATE 580 OF CERTIICAl106 SHOWN 11001ON .0/4 N AS, Meanly M ROW Dldesdkes 14.470 soal TIES 0.33 acres Saida C -C1/16 Corner of Section 33 Found /5 Ree*. 9/2" Alum. Cap. P L 5 427613 2 NW1/16 Corner of Section 33 0Uan4 (5 Nee. 0/2' Awm Ca) P.5. 427613 Lest S IXe of Dow.Iy Rood 4115 as Loafed by Surrey .IU17, 1993 681'16'03 ONS L11 YRE )5(0 1 II NONCE)1 9 YS HEMS 9 C ISD) NII NIR MI11 NC RASED lb nERC01A1Cot RATHE fl 1 ANC, PERMIT DEETS., SPACE SHALL BE 3C FELT Ott LES, TERRAIN, MU, APPRpPRATF 5 TO ro t:O THE INCREASED RATE O, FINE SPEED AT SLOPE) STIES 1M E (01 E13010GY DESCRIBED 98 N "DEIEREI✓ IONF OOENSONS. WILDFIRE 0411 11 u1n,5INFS F RAM HotaFONIER61 AOT 0 STAHwE51 SERVICE, PAGE 13) SHALL Rf END T DETERMINE J EN9B9 (1lE SPACE W0RRFWIREMENTS FOR ME 9U11ONC ENNA OPTS WIMIN MR AS I ACE h MNG EI OH PERCENT CRACK `) 8811 IMOOMIOII4I IO .ERS 91461 LE 81 RESP8N981E FOR THE COIROI L NOXIOUS'ME05 71 NO JPIN WARN# 516 0ONE ,EUEE WREN A115 851 RE ALi0WFC AAPINNEN ARM. NiE WTHIS Sued49*6 SUBDIVISIONHIN ENE ONE 1') NEW S54 ID -81,61 BURNINC STOVE AS DEFINED 8Y CRS 25 7-401 ET 500 AND no *LOIA'I(55 PRCMUL0)06 THEREUNO14. WILT 8E 41.,0NE0 IN ANY DOLING UNIT 068 --UNG )NITS WIL EIF ALLOWED AN UNRESTRICTED NUMBER Of NATURAI SAS BURNING STOVES AND APPLANDES 6I ALL LNKLOINGS SHAH SUBMIT ENGINEERED PLANS TOR IME FOOTERS/BASEMENTS CONSISTENT MTH IHt REC ,110. (814)5 /0/96 ED IN ME IYOTECHNICAL REPORT PREPARED 8Y CR /Mos..M, IML HATED 6/3/96 THE EA WRHONUNG THIS SUBUro151O IS AGRICRLIURAL IN IURE ANO SORG cR T EI CONHANBLE M 8,0.1.NNCSDOMME LANE USES. Nut THE ACRLU^?UR 76:5 HAS PRIORITY CAR THE AN, 01 i B) ME PROPERTY IN THIS SUBDIVISI0( IS 40 MIHin LIR( 1,51810. 450 SHOAL, IMPt CT IU PAY FCR ANY SERVICES PROMDTO 90 DISTRICT 4N Sec S'ec /f 33 930 Center 1/4 Cot. Section 33 Found Ston Mon. W/Br0ss Cop, P.LS. 927693 589137'51710 l •604r3U 5' on Pp�' +e f}p Marked ee; Cemnty Line Merleneei OausY 1114 Dodecagon ,324374 54 4T 0.03 acres Lot 2 1,572,298 soli 36.00 scads 5 41/ sf1/A$ E� 1 33 0.5 I 01 60.00' Non-Erclusme Access an0 UIeIty Eosernenl - Boo/, 631 0l Poge 265 South 1/4 Corner of Se69Ion 33 Fou,4 /5 Rebar W/Plus, Cap P L.5. (5447pReset W/96 Rt.( Red 3- Alum COP, \ P 1.5 927613 ,3.Y, Township 6 South, Range 87 West 4. Tourns/,rp 7 South, Range 87 Nest 1280 52' DRAWN BY: DPI -1E1 -PS DATE: OCT.2.1907 CHECKED BY: S. PI-IC-LP/3 ORAWW4G 960039RL APPVO. BY: B. PHELPS JOB NO: 96069 TO/28/87 m NO BY DATE RENSION DESCRIPTION SHEET 1 of 1 A OER OG $6 5E CO, Ent 3, Section 4 Duna 45 Reba W/Plos. Cop 0.0 S. x(447 - Reset W//5 ' ono d 23 Alum. Cap. \\\\ PLS /2]613 IA 541/A5 #89"33'l6"8 201 22 8441.5 of I Bee6M,ps 689'3310'x11 III `Southeast Gees, e1 Section 33 found /5 Reed W/W1os. Cop P.L.S 95447 - Reset 9/96 p ti#980 m. and Y aluCop. l P18. 921683 8 8 $I c. Br 33 rOh Fond /5 Re0nr W/Pres. Cop / P.05. /27613 Found 05 Rebar W/PI s. Cop PL /27813 1—+ SurvCO, Inc. Professional Land Surveying Services 1001 Grand Avenue, Suite No. 205 Glenwood Springs, Co 81601 Phone: (970) 928-8233 Fax' (970) 928-8840 J