HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970'384.3470
wvwv.qarfield-cou ntv.com
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SU BDIVISION AP PLICATION
(GHECK THE BOX THAT APPLIES)
SKETCH PLAN (optional)
CONSERVATION SUBDIVISION
PRELIMINARY PLAN
PRELIMINARY PLAN AMENDMENT
FINAL PLAT
FINAL PLAT AMENDMENT / CORRECTION PLAT
GOMBINED PRELIMINARY PLAN & FINAL PLAT
GENEML INFORMATION (Please print legiQlv)
Name of Prooertv owner: Qrd.a.r-l U
Mailing Address:5tD rerephone , tBd flve" il 53
state'@ Zip code:QAn I cell: (-)
E-mail address:FAX: (_ )
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Mailing Address:I rt. tn i\\ # *-lYr- relephone,Ofulfi?{iW
city: ft.-SQrvr ,
state:e-b zip code: tlatt cell: (,t?D )1W'1Ab
E-mail address:FAX: fpd 9r5979L
Assessor's Parcet Number: lL]-S- - 0 tL- -QL- CL^L
Practical Location / Address of Property: 5/b
C-[qar.woc>N SQ<rxg\ ,, f D
" **r rroperty to be subdivided (in acres): | ,7A--
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> Number of Tracts / Lots Created within the Proposed Subdivision: n i0\
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Last Revised 12J24/08
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The foltowing general apptication materials are required for all types of subdivisions in Garfield
County. eppliiagon materials that are specific to an individua! application type (Conservation
Subdivision,
-pieliminary plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use
Resolution (ULUR) of 2008.
1. Submit a completed and signed Application Form, an application fee, and a signed Agreement
for Payment form.
2. A narrative explaining the purpose of the application and supporting materials that address the
standards and criterii found in Article Vll of the Unified Land Use Resolution of 2008.
3. Copy of the deed showing ownership. Additionally, submit a lefter from the property owne(s) if
the owner is being repres-ented by another party other than the owner. lf the property is owned
by a corporate eniity (such as an LlC, LLLP, etc.) please submit a copy of recorded " Statement
oi nutnority" demonsirating that the person signing the application has the authority to act in that
capacity for the entitY.
4.Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the
subject property and all blOfi" and private landowners adjacent to your property (which should
be delineated). ln addition, submit a list of all property owners, private and public, and their
addresses adjacent to or within 2OO ft. of the site. This information can be obtained from the
County Assessor's Office. you will also need the names (if applicable) of all.mineral interest
o*n"rs of the subject property, identified in the County Clerk and Recorder's records in
accordance witn $z+-os.b-rbr, et seq. (That information may be found in your title policy under
Exceptions to Title).
Vicinity map: An 8 T" x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the boundaries of the sublect property and all property within a 3-mile radius of the
suOjett property. The map shall be at a minimum scale of 1"=2000' showing the general
topographic'and geographic relation of the proposed exemption to the surrounding area for
which a copy of U.S.G.S. quadrangle map may be used.
A copy of the Pre-Application Conference form.
Submit 3 copies of this completed application and all the required submittal materials to the
Building and Planning Department. Siaff will request additional copies once the application has
been deemed technically complete.
5.
b.
7.
e varietY of subdivision actions
that are goveried by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR).
pleaie refer to Article V in tne regulations themselves for a higher level of detail.
I. THE SKETCH PLAN
The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an
optional plan review process intended to review at a conceptual level the feasibility and
design characteristics of the proposed division of land. The Yield Plan Review process, set
forth in Section 5-309, may be combined with Sketch Plan Review for applications
proposing Conservation Subdivision.
A. process: The Sketch Plan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5-301 of the ULUR:
1. Application
2. Determination of ComPleteness
3. Evaluation by Director/Staff Review
4. Review by Planning Commission
B. Application Materials: The Sketch Plan review process is set -forth in Article V,
Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials.
1. Application Form and Fees
2. Vicinity Map (5-502(CX2))
3. Yield Plan (required for Conservation Subdivision)
4. Sketch Plan MaP (5-502(CX2))
5. Land Suitability Analysis (4-502(D))^
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II. THE CONSERVATION SUBDIVISION
The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a
clustered residential development option that allows reduced lot size and provides density
bonuses in exchange for preservation of rural lands through provision of open space. A
Conservation Subdivision shall be designed as a Density Neutral Development Plan or an
lncreased Density Development Plan. The design standards for each development Plan
option are set forth in Article Vll, Section 7-501 of the ULUR.
A. Process: Conservation Subdivision Review process is the same as the general
subdivision process with the addition of the Yield-Plan Review. The overall
Conservation Subdivision Process shall consist of the following procedures and as
more fully described in Article V, Section 5-301 of the ULUR:
1 . Pre-Application Conference
2. Sketch Plan (optional)
3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan)
4. Preliminary Plan Review
5. Final Plat Review
B. Application
application
and 7-501
r Materials: The Conservation Subdivision review requires the following
materials that can found more fully described in Article V, Sections 5-502
of the ULUR:
1. Application Form and Fees
2. Sketch Plan (Optional) (5-501(J))
3. Yield Plan (5-502(CX8))
4. Preliminary Plan (5-501(G))
5. Final Plat (5-501(E))
6. Narrative addressing Design standards (7-5ol through 7-503)
III. THE PRELIMINARY PLAN
The preliminary plan review process will review the feasibility and design characteristics of
the proposed subdivision based on the standards set forth in Article Vll, Sfandards. The
preliminary plan process will also evaluate preliminary engineering design. The Director
may allow the preliminary plan and the final plat process to be combined if the proposed
subdirision has seven (7) parcels or less and development of the lots does not require
extensive engineering.
A. Process: Preliminary Plan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5-303(8) of the ULUR:
Pre-Application Conference
Determination of Com pleteness
Evaluation by Director/Staff Review
1.
2.
3.
Public Hearing and Recommendation by Planning Commission
Public Hearing and Decision by Board of County Commissioners
B. Application Materials: The Preliminary Plan review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fees
2. Preliminary Plan Map
3. Yield Plan (Conservation Subdivision only)
4. Open Space Plan, preliminary
5. Open Space Management Plan
6. Landscape Plan (Common Ownership Areas)
7. lmpact Analysis
8. Land Suitability Analysis
9. Lighting Plan consistent with standards in 7-305
10.Visual Analysis
1 1 . Preliminary Engineering Reports and Plans
a) streets, trails, walkways and bikeways
b) engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) identification and mitigation of geologic hazards
d) sewage collection, and water supply and distribution system
e) Erosion and Sediment Control Plan
0 Water Supply Plan
g) Sanitary Sewage DisPosal Plan
12.Draft lmprovements Agreement, Covenants and Restrictions and By-laws
IV. THE PRELIMINARY PLAN AMENDMENT
Any proposal to change a preliminary plan approved under these Regulations shall require
application to the Director for Amendment of an Approved Preliminary Plan. The Director
shall review the application to determine whether the proposed change constitutes a
substantial modification to the approved plan as more fully described in Article V, Section 5-
304. (A substantial modification is defined as a Substantial Change in Article XVI:
Definitions)
Outline of Process. The review process for a proposed Amendment of an Approved
Preliminary Plan shall consist of the following procedures.
1. Pre-Application Conference
2. Application
3. Determination of Completeness
4. Evaluation by Director/Staff Review
5. Decision by Director
Application Materials: The Preliminary Plan Amendment review requires the following
application materials as more fully described in Article V, Section 5-501(H):
4.
5.
A.
B.
1. Application Form
2. Written Statement of proposed amendment(s)
3. Supporting documents necessary to evaluate the proposed revision(s)
V. THE FINAL PLAT REVIEW
Unless othenrvise provided by these Regulations, the applicant must receive preliminary
plan approval before beginning the final plat process. The final plat review is to formally
finalize the actions resultant from the preliminary plan in order to complete the subdivision
process.
A. Outline of Process. The Final Plat Review process shall consist of the following
procedures:
1. Application
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review and Action by Board of County Commissioners
5. Recordation of Plat
B. Application Materials: The Final Plat review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Final Plat
3. Final Engineering Reports and Plans
a) Streets, trails, walkways and bikeways
b) Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) Mitigation of geologic hazards
d) Sewage collection, and water supply and distribution system
e) Soil suitability information
0 Groundwater drainage
g) Erosion and Sediment Control Plan (4-602 C. 4.)
h) Final cost estimates for public improvements
i) The certification listing all mortgages, liens judgments, easements,
contracts, and agreements of record regarding the land to be platted and
the Board of County Commissioners may require, at its discretion, that the
holders of such mortgages, liens, judgments, easements, contracts or
agreements shall be required to join in and approve the application for
Final Plat approval before such Final Plat is accepted for review. All other
exceptions from title shall be delineated.
4. Landscape Plan (Common Area) (4-602 5.)
5. Open Space Plan (if applicable)
6. Open Space Management Plan (lf applicable)
7. lmprovements Agreement, if applicable [include record drawings in digital format,
(4-602 J.)I
8. Letter of lntent for service from all of the utility service providers
a) Contract for Service, required prior to Final Plat recordation.L Final Declarations of Covenants and Restrictions, HOA articles of incorporation
and bylaws
10. Final Fees to be paid (School-Land Dedication / Traffic lmpact Fees)
VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW
The purpose of the Final Plat Amendment review is to allow for certain amendments to an
approved Final Plat. An amendment may be made to a recorded Final Plat if such
amendment does not increase the number of subdivision lots or result in a major relocation
of a road or add one or more new roads (pursuant to Section 5-306). A correction can be
made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that
does not affect the substance of the plat.
A. Outline of Processes. The review processes for amending a Final Plat or an
Exemption Plat shall consist of the following regardless of whether the division was
initially approved as a subdivision or an Exemption:
1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section
4-104 of Article lV, shall be used for review of a request to amend or correct a
Final Plat modifying lot lines, building envelopes, easement locations or other
interests affecting up to four (4) subdivision lots.
An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or
easements affecting not more than two (2) adjacent lots or Exemption Lots or a
single building envelope shall be subject to the Administrative Review Process
set forth in Section 4-104 of Article lV, with the addition of presentation of the
Amended Plat to the Board of County Commissioners for signature, prior to
recording with the Office of the Clerk and Recorder.
2. More Than Four Lots: The Major Exemption Review Process, detailed in Section
5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot
lines, building envelopes, easement locations or other interests affecting more
four (4) subdivision lots or Exemption Lots.
An Amended Final Plat which modifies lot lines or easements affecting more than
four (4) subdivision lots or more than one (1) building envelope shall be subject to
the Major Exemption Review Process set forth in Section 5-403.
B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the
following application materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
3.
4.
Final Plat, Amended Final plat
Subdivision lmprovement Agreement, if necessary
The Director may allow the Preliminary Plan and the Final Plat process to be combined ifthe proposed subdivision has seven (7) parcels or less and development of the lots doesnot require extensive engineering. (section 5-303) No submittal of a combined applicationshall be allowed until the Director has made a determination after holding a pre-applicationconference.
I have read the statements above and have provided the required attached informationwhich is correct and accurate to the best of my knowledge.(1'),.-\,- h.\- |r
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submifted with apptication)
GARFIELD COUNry (hereinafter COUNTy) and _[<,property owner (hereinafter owNenj "gr"ffi:
2' owNER understands and agrees that Garfield_county Resolution No. gg-0g, asamended' establishes a fee schedulJ for each ,ro" of subdivision or tand use reviewapplications, and the guidelines for the administration of the fee structure.
3' owNER and coUNTY agree that because of the size, nature or scope of theproposed project, it is .not possiblJ at this time to ascertain the full extent of the costsinvolved in processinp-tle applicationl owNER ,gl"r !o make payment of the Base Fee,established for the PRoJECT, and to..thereaft"r"plirit additional costs to be billed toowNER' owNER agrees to make additional prv,ri*i. upon notification by the couNTywhen they are necessary as costs are incurred.
4' The Base Fee shall be in addition to and exclusive of any cost for pubtication orcost of consulting service determined necessary by the Board of county commissioners forthe consideration of an application oi additionar'couNrv staff time or expense not coveredby the Base Fee' lf actuat recorded costs exceed the initill aase pee, bwrurn shall payadditional billings to coUNTY to reimburse tne CouruTy for the processing of thePRoJECT mentioned above. owNET: -r"!."*[Jg"]r-tr,rt all billing shail be paid prior toffiJil*#;,.jf',t'"" bv the couNrY or "nv-r"io-r"" permit, ionins amendment, or
to COUNTY an application for
owNER (OR AUTHORTZED REPRESENTATTVE)
S,,rh\tvrs,*rEnal
hereinafter, THE PROJE@
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Mailing Address:
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Page 4
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APPT,TC.ITION FOR SUBDIVISION PLAT AMENDMENT
Representative:
Richard Y. Neiley, Jr.
Neiley & Alder
201 North Mill Street, Suite 102
Aspen, CO 81611
(e70) e2s-e3e3
Applicants:
Richard Y. Neiley, Jr.
Maria E. Maniscalchi
5157 CountyRoad 154
Glenwood Springs, CO 81601
Richard T. Moolick
5109 CountyRoad 154
Glenwood Springs, CO 81601
Property:
A portion of Lot 1,
ICE MINOR SUBDIVISION, and
5157 CountyRoad 154
Glenwood Springs, CO 81601
APPLICATION FOR SUBDIVISION PLAT AMENDMENT
This Application is submitted pursuant to $ 5-306 of the Subdivision Regulations ofGarfieldCounty, Colorado. The purpose of the Application is to
"amend
the plat of the Ice Minor Subdivision bydeleting a portion of Lot 1 of said Subdivision, containing approximately 0.7 acres of land, and adding thatproperty to the adjoining approximately 2.4 acres at StsiCounty Road 154, Glenwood Springs, Colorado.The plat amendment will result in a boundary line adjustment intended to straighten a ..dog-leg,, propertyboundary and fence line. The Applicants are prepared to record an "Amend"I ptut of Lot 1, Ice MinorSubdivision" and a Boundary Line Adjustment Affidavit upon approval of this Application.
BACKGROTIND
Lot I , Ice Minor Subdivision is owned by Richard T. Moolick of 5 109 County Road 154,Glenwood Springs, colorado. Lot I is vacant land. The Amended Plat of Ice Minor Subdivision identifies Lot1 as being comprised of approximately l.72acres of land.
The property adjoining the Ice Minor Subdivision to the southeast is a metes and boundsparcel of land owned byRichard Y. Neiley, Jr. and Maria E. Maniscalchi, containing approxima tely2.43 acresof land' once the amendment to the Ice Minor Subdivision Plat is accomplished, the property will beincreased in size to approximately 3.137 acres.
Both properties are located in the Residential/Suburb anZoneDistrict. The minimum lot arearv utlltlrltulll rvl ag4
f::'1": }*"-i:t District is 20,000 square_feet. Both properties slope gently from county Road I 54 to theRoaring Fork River, and neither is iimpacted by lot slope issues. Upon completion of the boundary rineadjustment and Plat Amendment, both froperties will .ortin.r" to .o;;l;;il'di;;;J,.i.,.i r"*ffi#:
The Ice Minor Subdivision was originally platted as an approved subdivision on August 4,1981 as Reception No' 317697. An Amended Plat was iecoroed on December 20, lggg as Reception No.397760' The purpose of the Amended Plat was to reduce the size of Lot 3 (owned byKurt and Elsbethwigger) so that a portion of Lot 3 could be conveyed to the adjoining property owner. A similar request ismade in this Application.
On July 28, 1999, aGeneral Warranty Deed was recorded from Richard T. Moolick to MariaE' Maniscalchi conveying the portion of Lot I comprised of approxim ately 0.7 acres of land. The purpose ofthe conveyance was to straighten out the common property boundary and fence line and was not intended tocreate a separate parcel or additional building right. This Application is submitted to formalize a platamendment necessitated by the conveyance.
REQUIREMENTS OF SUBDTVISION REGULATIONS
Section 5-306 of the Garfield county Subdivision Regulations provides that a recorded platmay be amended "if such amendment does not increase the number of subdivision lots or Exemption Lots,result in the major relocation of a road or add new roads ...,,
This Application does not seek to increase the number of lots or dwelling units nor will itresult in the construction or relocation of any roads. Both properties are presently ,oiafor single-familyresidential purposes under the Residential/Suburban Zone Distrfot regulations. Both parcels have legal accessfrom county Road 154. Existing driveway accesses will be maintained.
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As noted above, the purpose of this Application is to straighten out the common propertyboundary and to complete the Plat Amlndment to reflecithe conveyance of the propertythat occurred in 1999.Both parcels of land will continue to comply witn arr afpiicaii. ,";. district regulations. No adverse impactsto surrounding properties or the county wiil result from approval of this Application.
ATTACHMENTS
The following documents are appended hereto:
1' Assessor's office Location Map identifying Moorick,s Lot 1, Ice
2' Draft Amended prat, identiffing the proposed new boundarySubdivision;
RESPECTFULLY SUBMITTED this t2th dayof July, 2010.
201 North Mill Street, Suite 102
Aspen, Colorado 8l6l l
(e70) e2s-e3e3
The Applicants respectfully request that the Board of county commissioners of Garfieldcounty approve the requested PIat Amendment and authorize the counfy Surveyor and chairman of the Boardto sign and date an "Amended Final Plat of Lot l, Ice Minor subdivision,, for recordation in the Clerk &Recorder's Office of Garfield County.
Minor Subdivision;
for Lot 1, Ice Minor
3 ' General warranty Deed from Moolick to Maniscalchi identiffing the Iegal description ofthe adjustment parcel;
4. proof of ownership vesting title in Richard T. Moolick in Lot r;
Adjustment;,,
5' Survey depicting land conveyed to adjoining landowners entitled ,.Lot Boundary
6. Copy of existing Ice Minor Subdivision plat;
7 ' List of names and addresses of property owners within 200 feet of subject property.
REQUESTED ACTION
2
Y. Neiley, Jr., No. 987g
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ATTACHMENT 1
Assessor's Office Location Map
identifuing Moolick's Lot 1, Ice Minor Subdivision
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LOT 1 ORIGINAL DESCRIPTION
A PARCEL OF LAND SITUATED IN GOV'T LOTS 10, 11 AND 34, SECTION 1,TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SXTH PRINCIPAL MEzuDIAN,COI.]NTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL MOREPARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF GOV'T LOT 9, A BRASS CAP INPLACE; THENCE SOO"38'OO''E ALONG THE WESTERLY BOI.INDARY OF SAID LOT 9 ADISTANCE OF 254.01 FEET TO THE NORTHEASTERLY CORNER OF LOT 2 OF SAIDICE MINOR SUBDIVISION; THENCE CONTINUING ALONG SAID WESTERLYBOUNDARY OF SAID GOV'T LOT 9 AND THE EASTERLY BOTINDARY OF SAID LOT 2SOOO38'OO''E A DISTANCE OF 38.29 FEET TO THE NORTHEASTERLY CORNER OF LOT1, ICE MINOR SUBDIVISION, ; THENCE CONTINUINGALQNG SAID WESTERLY BOLINDARY S00"38'0OE A DISTANC E OF 253.27; THENCELEAVING SAID WESTERLY BOLINDARY S48"56'30''W A DISTANCE OF 271.41FEETTO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONGSAID CENTERLINE N28"41'OO''W A DISTANCE OF 164.98 FEET TO THE SOUTHERLYCORNER OF SAIS LOT 2; THENCE LEAVING SAID CENTERLINE N3 I,2T,OO'EALONGTHE EASTERLY BOLINDARY OF SAID LOT 24. DISTANCE OF 378.00 FEET TO ANANGLE POINT IN SAID LOT 2; THENCE LEAVING SAID EASTERLY BoTINDARYALONG THE SOUTHERLY BOLINDARY OF SAID LOT }ALONG THE ARC OF ACURVE TO THE zuGHT HAVING A RADIUS OF 301 .4}FEET AND A CENTRAL ANGLEOF 07'13'41'" A DISTANCE OF 38.04 FEET (CHORD BEARS S6IOO2'43',E A DISTANCE
9l i8:00 FEET); THENCE CONTTNUTNG ALONG sArD sourHERLy Bor.rNDARy565"25'52''E A DISTANCE OF 53.14 FEET TO , SAIDPARCEL CONTAINING 1.720 ACRES MORE OR LESS.
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A PARCEL OF LAND SITUATED IN-GOV'T LOTS 10, 11 AND 34, SECTION 1,TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COI.INTY OF GARIIELD, STATE OF COLORADO, SAID PARCEL MOREPARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF GOV'T LOT 9, A GARCO BRASSCAP IN PLACE; THENCE SOO"38'OO''E ALONG THE WESTERLY BOI.JNDARY OF SAIDLOT 9 A DISTANCE OF 254.01FEET TO THE NORTHEASTERLY CORNER OF LOT 2 OFSAID ICE MINOR SUBDIVISION; THENCE CONTINUING ALoNG SAID wESTERLYBOTINDARY OF SAID GOV'T LOT 9 AND THE EASTERLY BOTINDARY OF SAID LOT 2SOO"38'OO''E A DISTANCE OF 38.29 FEET TO THE NORTHEASTERLY CORNER OF LOTl, ICE MINOR SUBDIVISION, ; THENCE CONTINUINGALoNG SAID WESTERLY BOLTNDARY s00"J8o0.E A DISTANC E oF 253.27; THENCELEAVING SAID WESTERLY BOLINDARY S48'56'30''W A DISTANCE OF 271.4I FEETTO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONGSAID CENTERLINE N28"41'OO''W A DISTANCE OF 12.21FEET; THENCE LEAVINGSAID CENTERLINE N26"1 6'2O"EA DISTANCE OF 46I,28FEET TO TUE POINT OFBEGINNING, SAID PARCEL C ONTAINING 2 8,4 8 8 S AUAIU;EEii,,T'ffitiffi
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A PARCEL OF LAND SITUATED IN GOV'T LOTS 10, 11 AND 34, SECTION 1,TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COTINTY OF GARTIELD, STATE OF COLORADO, SAID PARCEL BEING THEREMAINDER OF LOT 1, ICE MINOR SUBDIVISION, ACCORDING TO THE AMENDEDPLAT RECORDED AS RECEPTION NO. 397760 AND MORE PARTICULARLYDESCzuBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF GOV'T LOT 9, A BRASS CAP INPLACE; THENCE SOOO38'OO''E ALONG THE WESTERLY BOTINDARY OF SAID LOT 9 ADISTANCE OF 254.01 FEET TO THE NORTHEASTERLY CORNER OF LOT 2 OF SAIDICE MINOR SUBDIVISION; THENCE CONTINUING ALoNG SAID wESTERLYBOUNDARY OF SAID GOV'T LOT 9 AND THE EASTERLY BOLINDARY OF SAID LOT 2SOOO38'OO''E A DISTANCE OF 38.29 FEET TO THE NORTHEASTERLY CORNER OF LOT1, ICE MINOR SUBDIVISION, ; THENCE LEAVING SAIDWESTERLY BOTINDARY S26"16'20''W A DISTANTCE OF 469.28 FEET TO A POINT ONTHE CENTERLINE OF THE ROARING FORK zuVER, SAID POINT ALSO BEING ONTHE SOUTHERLY BOUNDARY OF SAID LOT 1; THENCE ALONG SAID CENTERLINEAND SOUTHERLY BOLINDARY N28'41'OO''W A DISTANCE OF 152.77 FEET TO THESOUTHERLY CORNER OF SAIS LOT 2; THENCE LEAVING SAID CENTERLINEN31'27'OO"E ALONG THE EASTERLY BOI.INDARY OF SAID LOT 2A DISTANCE OF378.00 FEET TO AN ANGLE POINT IN SAID LOT 2; THENCE LEAVING SAIDEASTERLY BOLINDARY ALONG THE SOUTHERLY BOLINDARY OF SAID LOT 2ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 301.42 FEETAND A CENTRAL ANGLE OF 07"r3',41", A DISTANCE OF 3g.04 FEET (CHORD BEARSs69o02',43"E A DISTANCE OF 38.00 FEET); THENCE CONTINUING ALONG SAIDSOUTHERLY BOLTNDARY S65'25'521'E A DISTANCE OF 53.14 FEET TO IHE JSINT !EBEGINNING, SAID PARCEL CONTAINING 1.067 ACRES MORE OR LESS.
RICIIARD T. MOOLICK
E1o9 County Road rS4
Glenwood Springs, CO 816or
July 15,2010
Garfi eld Cotrnty Planning Departmen t
Glenwood Springs, CO 81601
l
Dear Sir/iVladam:
j
Please accept this letter as my authorization for Richard y. Neiley, Jr. and Neiley& Alder, Attorneys to process a land use application on my behalf in connection with myproperty known as Lot 1, Ice Minor Subdivision, for amendment of the Subdivision plat for IceMinor Subdivision
Sincerely,
Richard T. Moolick
;
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ATTACHMENT 6
Copy of existing Ice Minor Subdivision Plat
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COUNTY OF GAFFIELO, SfATE OF COLCRADO
LOT 2 326 d..!
RICHARO T. MOOLICK
& GRACE M, MOOLICKtr6r 9rD Nr(s)
SLAL' - 5O'/A\
((D)r
Ht cH coiN:rny sunveyoRs
LANO SURVEYORS. SUITE 2O5 VILLAGE PLAZA6LENWOOO SPRtN6S, COLORADO 8t60tTELEPHONE 3OJ-945 A676
LOr J l.Js ac,
KURT J. WIGGER T
ELSS€TB R, WIGGER
ATTACHMENT 7
List of names and addresses of property owners within 200 feet of subject property
ADJACENT PROPERTY OWNERS
Slattery Investments
5134 County Road 154
Glenwood Springs, CO 81601-9320
Marlin W. and Patricia A. Brown
85 County Road 167
Glenwood Springs, CO 81601-9322
Richard Y. Neiley, Jr.
Maria E. Maniscalchi
5157 County Road 154
Glenwood Springs, CO 81601
LB Rose Ranch LLC
1007 Westbank Road
Glenwood Springs, CO 81601
ATTACHMENT 3
General Warranty Deed
from Moolick to Maniscalchi identifoing the legal description of the adjustment parcel
/
D4c-F.e.- Uf t'6
,;;{)54947? 07/2911999 10:23f, Ell42 P132 llt ol 2 R 10.00 D 7.45 GRRFIELD COUiITY
f,LSDORF
c0
b"\Dd-\I-
C(
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$..
$*
GENERAL WARRANTY DEED
RICHARD T. MOOLICK, whose address is 5109 County Road 154, Glenwood
Springs, Colorado 8 l60l , for Ten Dollars ($ 10.00) and other good and valuable consideration, in
hand paid, hereby sells and conveys to MARIA E. MANISCALCHI, whose address is 5157 County
Road I 54, Glenwood Springs, Colorado 8 I 60 I , the following real property in the County of Garfield
and State of Colorado, to-wit:
A portion of Lot l,lCE MINOR SUBDIVISION, as fullydescribed
in Exhibit "A" attached hereto and incorporated herein by this
reference,
County of Garfield,
State of Colorado,
with all its appurtenances and WARRANTS the title to the same, SUBJECT TO: taxes not yet due
and payable for the year of closing; any and all existing roads, highways, ditches, utilities, canals,
pipelines, power lines, telephone lines, water lines and rights of way and easements therefor
established or existing as same may cross subject property; right of the proprictor of a vein or lode
to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted, as reserved in United States Patent recorded February 17, 1896 in Book
12 at Page 408 as Reception No. 19080; right of way for ditches or canals constructed by the
authority of the United States, as reserved in United States Patent recorded February 17, 1896 in
Book l2 at Page 408 as Reception No. I 9080; easements for access, well, waterline and the Roaring
Fork River as shown on the Plat of Ice Minor Subdivision, recorded August 4,1981 as Reception
No. 317697 and the Amcnded Plat of [ce Minor Subdivision recorded December 20, 1988 as
Reception No. 397760; terms and conditions of the Protective Covenants of Ice Minor Subdivision,
recorded August 4, l98l in Book 578 at Page 424 as Reception No. 317696; reservations and
ex<;eptions for roads, streets, ditches, canals, pipelines and utility lines, including but not limited to
(a) right of way and easement for the Denver and Rio Grande Western Railroad along the northerly
Order Nunber: sso2slsa
D'! !I I}IT A
I.EGAL DESCRIPTION
8-4-gl as Reception IVo.No. 397760. BEIN? NORE
A PORTION OF LO? 1ICE IIINoR sIlBDIVIsroN taccording to the pLat recordodrecorded l2-20-gg as ReceptlonFOLLOHS:
317597 and Anended plat
FULLY DESCRIEED AS
A PAR,EL oF LAND sr,uATED rN Lor 10. sEcrro. r, TonNsHrp 7 sot)T,. RANGE ag']EST OF THE 6TH PRINCIPAL,,A'OiO*, COI)NTY OE OARFIELD, STATE OF COLORADO,SATD PA.RCEL BEINC }IORE PARTTCUNi-i.IY I)ESCRTBED AS FOLLOHS:
COHHENCINA AT THE NORTHT/EST CORilER OF LOT IO, A ARASS CAP FOUND IN PLACE;TilENcE s 59 oEOREss 50,oo" E a oisrelrcE oF 585.1) reer, To A poruT oN THEEASTERLLY LINE OF SAID LO:" TO, iiE POTNT OF BEGINNINGI'#;i:r";3:, r?1::i,:r:,;?'" i- ^,i,io ^sArD EAsr,*,i ,,*, oF sArD Lor to A
?HENCE LEAVING SArD EAS"ERIT ,.r}/E S 48 DEGREES 56 ,3OU W A DISTANCE OF 271.41EEET To A porNT oN ?HE "eyrrntiui o, ,r, RoARrilc F,RK RrvER;T:'.Ti,,X,28 DEGREES 41,0O' N i_".OiN THE CEN?ERLINE OF SATD RrYER A DTSTANCE OF
x:riL#tr i:r"r|,3r";;ff|;1;:,X:.* " DEGREES 16'18, E A DrsrANcE oF 46s.28
COANTY OF GARFIELD
STA?E OF COLORADO
ATTACHMENT 4
Proof of ownership vesting title in Richard T. Moolick in Lot I
1.r"r"l
Account: R011605
Location
Parcel Number 2395-01 l -0 1 -00 1
Situs Address
City Glenwood Springs
ZipCode 81601
Tax Area 0l I - IR-MF - 0l I
Legal Summary Section: I Township: 7 Range: 89
Subdivision: ICE MINOR SUBDIVISION-AMENDED
Lot: I
lransfers
Sale Price
Owner Information
Owner Name MOOLICK, RICHARD T.
Owner Address 5109 COUNTY ROAD 154
GLENWOOD SPGS, CO 8I601-9670
Doc Type
Deeds
Dceds
Deeds
Decds
Page I ofl
Assessment Historv
Actual (2010) $500,000
Primary Taxable $39,800
Tax Area: 01 I Mill Levy:
57.0750
Type Actual Assessed Acres
Land $500,000 $39,800 1.720
Book Page
B: 0853 P: 0178
B:0853 P:0177
B: 0820 P: 0280
B: 0652 P: 0760
Sale Date
01125il993
01125il993
t2l24n99t
07ilUt984
Tflx Historv
Tax Year
* Estimated
Taxes
*2010
2009
https://act.garfield-county.com/assessor/taxweb/accountjsp?accountNum:R0l 1605 7/12/2010
$2,271.60
$2,271.60
4nre'rican Lantl ritre Associatiou commitnrent - Motrified 3/7g
COMMITMENT FOR TITLE INSURANCE ISSUED BY
STEWART TITLEGUARANTY COMPANY
srEwART TITLE GUARANTY CoMPANY,. A Texas Corporation, herein called the company, forvaluable consideration, hereby commits to issue its policy or policies of title insurance, as identifie<I inSchedule A' in favor of the pioposed Insured namedin Scneaute A, as owner or mortgagee of trre estateor interest covered hereby in the land described or referred to in Schedule A, upon payment of thepremiums and charges^therefor; all subject to the provisions of schedules A and B and to the conditionsand Stipulations hereof.
This commitment shall be effective only when the identity of the proposed Insured and the amount ofthe policy or policies committed fbr have been inserted in Schedure A hereof by the Company, eitherat the time of the issuance of this Commitment or by subsequent-endorsement.
This Commitment is preliminary to the issuance_of such policy or policies of title insurance and allIiability and obligationi hereun<ler shall cease and terminaG six months after the effective dare hereofor when the policy or policies committed for shall issue, whichever first occurs, provided that thefailure ro issue such policy or policies ls not the fault of the Company.
Signed under seal for the company, but this commitment shall not be valid or binding until it bears anauthorized Countersignature.
IN WITNESS WHEREoF, Stewart Title Guaranty company has caused its corporate name and seal robe hereunro affixed by its dury authorized officers on the out.,to*, in Schedure A.
STEWART TITLE OF GLENWOOD SPRINGS, INC.P.O. Box 430
Glenwood Springs, Colorado g160l
(970) 94s-5434
Chairman of t.he Boa
STEWART TITLE
GUARANI'Y COMPANY
Order No. qSOZqSi8 - --
Authorized Counters
,r
SCHEDALE A
o)au Number; sso2sasg
L Effective date: iruly 02, tggg at 8:00 A.M.
2. Policy or policies to be issued:
(a) A.L.T.A. Owner,s (standard)
Proposed Insured:
I,IARIA E. TI,..I|TISCALCHI
Amount of htsurance.f z4,soo.oo
(b) A L.T.A. Loan
Proposed Insured;
( Standard )
estate or interest in said land is at the fficilve date hereof vested irt:
(c) Leasehold
Proposed lrtsured;
3' The estate or interest in the rand described or referred to in this Commitment and covered herein is
tee simple
4. Title to the fee simpte
RTCI{AXD T. T,IOOLICK
5. The land referred to irt this commitment is described as forows:
SEE ATTACHED LEGAL DESCRIPTION
Purported Addresg:
STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued.
1-992 Ownere premlum
Tax CerEificate $
.t
452.00
1.0.00
$
SCHEDULE A
Order Number: gso2ggsg
LEGAL DESCRIPTION
A PORTTON OF IOT 7
ICE MTNOR SUBDIVTSTON, BEING MORE FULLY DESCRIBED AS FOLLOWS:
A PARCEL OF T,AND SITUATED IN LOT 70, SECTTON 1,, TOWNSHTP 7 SOUTH, RATIGE 89WEST OF THE 6TH PRINCZPAL T,IERIDTAN, COITNTY OF GARFTELD, STATE OF COLORA.DO,SAID PARCEL BEZNG MORE PARTTCULARLY DESCRTBED AS FOLLOWS:
coMMENcrNc AT THE NoRTHhrEsr coRI\rER oF Lor 20, A BRAss cAp FotND rN pr,ACE;THENCE S 59 DEGREES sO,OOil E A DISTATTCE OF 585.42 FEET, TO A POINT ON TIIEE;ASTERLLY LI,NE OF SATD LOT 1.0, THE PO],jNT OF BEGINNING;THENCE S OO DECREES 38,04fr E ALONC SAID
'ASTERLY LINE OF SAID LOT 70 ADISTANCE OF 253.27 FEET;
THENCE LEAvrNc sArD EA9TERLr LLNE s 48 DEIREEI s6,ioa w A DrsrANcE oF 227.47FEET TO A POINT ON THE CEIVTER..IIIIE OF THE ROSIRIIIG FORK RTWR;
i:::;'ir:r: DE?REE9 47'oou w ALoNc rHE C.jENTERTJTNE oF sArD Rrru,R A DrsrArIcE oF
THEN.E LEA'TNG sArD cENTERrrNE.w 25 DE,REE' l6'Lgt E A DrsrAIcE oF 45g.2gFEET TO THE POINT OF BEGINNTNG.
COWTY OF GARFIELD
STATE OF COLO&ADO
SCHEDALE B
Section I
Order Number; sgo2sgsI
RESUIREMENTS
The following are the requirements to be complied with;
Item (a)
iTlZ:ii:"r:;r{";:!., account of the srantors or mortsasors of the fuu consideration frr the estate or
Item (b) Proper instrument(s) creating the estate or interest to be insured mustrecord, to tvit:
7. Execution of atEached, Affidavit as Eo Debt' and Liens and.oftice.
NOTE:
St,ewart Tlt,le of GLenwood Sprtngs reserves therequirements and/or excepEions upon dLsclosurerelaEing to subJect property.
be executed and duly filed for
it,s return to thl,s
2' Deed from vested owner, vesting fee simpTe titTe in purchaser(s).
NOTE: Ef fective Septe.nber
received for recording orcontain a top margin of atof at -l.east one-haJ,f inch.
any document that does not
righE to add and/or del,ete
of addit,l.onal information
L, 7997, CRS jO-7-406 requires that, all documenEstiTing in the Clerk and Recorder,e office shallJ.eagt one
The CTerk
conform.
inch and a left, right and, bottom marginand Recorder may refuse to rec ord or file
::::,:,._:::"::":_r-n1: stewlrt, ritte of Gtenwood springs record.s the d,ocuments of
i^:' 7', ::" 7.,' i ^ii" ^:::::::1 -' : ^' : ? " 8 : 1' t h e s t a t uz- " i-, r'i;- ;;; r;. ffi # :;" i,:;
documents.::::,:^:"_-disctose or etiminare eaid "h";;;-;r;;;';;"r;:-,:Z:;;;)2, "i'i!r3
2.
3.
4.
5.
Order Number;'s g 02 s I s I
SCIIEDULE IJ
Sectiort 2
EXCEPTIONS
I;!f:!,2,:;i;':f;;;rir;,issued witt contain exceptions to the fouowins untess the same are disposed of rc rhe
I' Rights or claims of parties in possession, not shown by the pubric records.
Easements, or crainx of easements, not srtown by the pubric recorcrs.
Discrepancies' conflicts in. bountlary lines, .shortage in area, encroachments, and atry facts which a correctsurvey and inspection of the premisis *ouid aisctoii ani'iiirn n* not shown by the pubric records.
iTr';:"i ,f,;,iif ,!r'ioi jiiti,rf::;:#'.'*' tabor or nruteriat heretofore or hereafier turnished, intposett by taru
Defects' liens' encwnbrances, adverse claims or other matters, ,! ony, .createcl, first appearing in the pubricrecords or atruching subsequent to the effective a*i nirrii, ii't prib, rc tn, aoi, iii proposea insuretr acquiresof recordfor value the estate or interesi-or mortgage therion covered by this contmitinertt.
6' ff!;:::;f*'l'!rii,!'l{f;,;';ff:;':."^ or exceptions in patents, or an act authorizing rhe issuance thereof,
7' Any and aJ,r, unpaid uaxes and assessments and any unredee,med
'ax ea-Leg.
8. The effect of inel.usjons in any generalprotecEion, soil congervation or otherservice or sireet improve.ment area.
or specific water conservar.cy, firedietrict, or inclusion in any -water
highwaye, ditchee, utili:ies, canbla, pipeTinea,water Tines and rLghts of way and eagementgexiaEing aE same may crosl subjeet proper:ty.
9. Any and all existing road,e,powerTlnes, teTephone llnes,therefore established, and or
70 ' Right of the proprietor of a vein or 70de to extracttherefrom, should the same be found to penetra:ce orhereby granted, as reserved, in ,nlted States l:atencin Book L2 at page 40g as Receptjon IVo. 7gOgO.
7j. Easements tor access,
the pl,at of lce Minor
i77697.
we77, waterline and Ehe RoaringSubdivision, Eecorded, August 4,
and remove his oreintersecE the premises
recorded February 17, Lg96
authority of the United
February 17, lggS in Book
Fork River as shown on
7987 as Receptjon No.
L2.
77' Right of way for diEches or canaTs constru,,ted. by theStaCes, as reserved in united States patent recorded72 at page 409 as Receptjon IVo. 1.gOgO.
*':r::X':::": -o::.i,::: ingure :,::: to tand comprisins the shore or bot,toms" :;' ;;' :x ":i; :"rz:; ";
"' ;:::;;,Fork River, caueed bw the ^r^aa6d^a
i' r', "Z"ril" T rZI i"r" r;: i: r:1":,said river-said river.
ConEinued on raext page
Continuat.ion of Sehedule BOrder .hlumber.. 99O2ggSB
- Sectton 2
74. Temra and conditions ofreeorded AuguaE 4, lggT
75,
76. Terms and condiEions of
in Book 653 at page 24G
77. Terma, agree:ments, provisions, conditionsTO TCI CABLEVTSION rEc,c.rdEd SEPTE;MBER 22,'Reception No. 4S27gO.
the Protective covenanta of Jee Minor Subdivision,in Book 578 at page 424 aB Receptjon No. 31.7696.
:",1i::r:?::-""i^::.3:,_":, _ro,.,?1o"., slreets, ditches, canars, pipetinea and
the Denver and Rio Graade Western RaiJ.road aTong the .tlorth erTy portion ofthe de-1rl PvL Vtglt OEthe de- sctibed propert'y. b. Right of way and easernent for new Highway g2,a70ng the NortherTy oortion of t-ha .l^d^-:L^J ----Old Highway 82 now a CounEy Road, aTong the ^tlorthetTy porEion of the;;";;' ;:,2::;' ::":",7 z ",. "g rh eri a q a r.i FraJ ^-^^^-r--described properEy.
the Ditch and Wat,er Agreement, recorded iluTy 79, lgg4as Seception No. 354744.
and obTigat,ions of GI.AI;IT OF EASE;MENTL99j in Book 826 at, page 24O as
78. The Tegal deecription being insured may nota Tegal lot spltt/boundary line adJustment,Inc. makes no representations as such.
comply with County regulations forSEewarC TiEl.e of Glenwood Springs,
Eaxea due TLeting each taxing jurisdiction shalJ. beCounty Treasurer or the CounEy Treasurer,s
NOTE:
Pursuant to senate Bi77 97-74 (c.x.s. 70-rr-r22) Notice is hereby given that..
The subject real
A certificate of
obtained from the
authorized agent;
property may be Jocated in a speciaT taxing district;a)
b)
c)Informat,ion regarding special dietrict,s anddTstricte shall be obtained from the CountyTreasurer.
the boundariee of such
Assegaor or the County
ATTACHMENT 5
Survey depicting land conveyed to adjoining landowners
entitled "Lot Boundary Adjustment"
I
789997 0811312010 02:24.38 pM page I of 3
Jean Alberico, Garfield County, Colorado
Rec Fee: $21.00 Doc Fee: $70.00 eRecorded
State Documenrarl Fee
Date: .Augusr 13, 20f0
s 70.00
State of COLORADO
County of GARFIELD
)
) ss.
)
The fortgoing instrument wrs acknowledgerl befoie me on dris day of Augusr 13, 2010by RICIIARD T. MOOLICK
BtWl{rcHARDT. MOOI-ICtr(
When Recorrted Rctrru'ro, CR\IG S. FETtAEF
5109 couNry ROAD r54 GLEiiwooD sPRtNcs, co sl60l
REBECCA WESTPHAL
NOTAFN/ PUBLIC
STI\TE OF COLORADO
My Co.rrmbdo.r E4ires Seg,L 28, A0l0
ilt Illltiltllillltil]illllil]l
Warranry Deed
(Pursrunr ro 38-30-113 C.R.S.)
'l'l-Ils DEED, made on lrg.*, 13, 20lo by RICHARD T. MooLIcK Granro(s), of the counry of GARFTELD and srare ofcoLotu\Do for the considerarion of ($700,060.00) |rr seven ttundred Thousaud and oo/t00'*Jdollars in hand paid, hereby sellsand conveys to cRAIG E. P_E'TERSEN Gnnree(s). whose smet address is 5109 couNTy RoAt) 154 GLENwooD spRaGS,co 8160l' county of GARFIELD, and Stare otioloneoo, rhe :ollowing rcar pmpeny in rtrt, courry of Garfiekl, and srare o[Colorado, ro wit:
SEE ATTACHED "EXHtBIT 11.
rlsu known by rrroer aDd rrrrrrrber as: 5109 couM'y ROAD rs4 clENlvooD spRlNGs co g160l
with all its appunenances and wan-ants rhe dde ro the same. srrbject ro EXC El.lr GENERALTA,yE5 ArvD AssEss,t li6rs FoR rtIEYEAR 2010 AJVD sutssEQuE/Yr vEARs AIVD suBrEcr 16 rtosE lrElrrs As sET FoRrH oN ExHrBrr -8" ATTA)HEDHERETO AND INCORPOP(/.TED IIERE'N.
Fonn 13082 09/2008 wd.rrpr.n.odr Warranry Deerl Opro (photographic) cW6300S556 |100S9S2B)m
789997 OBl13l201O 02.24:38 PM Page 2 of 3
Jean Alberico, Garfield County, Colorado
Rec Fee: $21.00 Doc Fee: $70.00 eRecorded
EXHIBIT A
LC'TS I AND 2, AMENDED PLAT OF ICE TVIINOR SUBDIVISION. ACCORDING TOTHE PLAT THEREOF RECORDED DECETVIBER 20,
1988 AS RECEmoN No.39776u.
EXCEPTINC FROI,I LOT I
THE PROPERTY DESCRIBED IN INSTRUI.IENT RECORDED JULY 28, 1999 UNDER RECEFTION NO.549472 BEING }VIORT FULLY
T,LSCRIBED AS FOLLOWS:
A PARCEL OF LAND SML'ATED IN LOT IO, SECTION I, TOWNSHIP 7 SOUTH. RANGE 89 \\IEST OF THE SIXTH PRINCIPAL
ITIERIOI.{N. COUNTY OF CARFIELD. STATE OF COLORAUJ, SAID PARCEL BEI)I(; I\{0RE PARTIC.ULARLY DESCRIBED AS
FOLLOWS:
(:0IT'IMENCING AT THE NORTH!{EST (:oRNER OF LOT IO. A BRASS CAP FoUND IN PLACE: TIIIINC.E S 59 DE(;REES 50'M" E ADISTANCE OF 585.42 FEET. TO A POII,iT ON THE EASTERLY LINE OF SAID LOT IO, THE POINT oF BEGINNING;THENCE S OO DE(;REES 38 04" E ALONG SAID EASTERLY LINE OI: LOT IO A DISTANCE OF 253.27 FEET
THENCE LEAVING SAID EASTERLY LINE S 48 DEGREES 56'30'. W A DISTANCE OF Z7I.4I FEET TO A PI)INT ON THF-CENTERLINE OF I'HE RoARING FORK RI\E,R;
THENCE N 2E DEGREES 41'OO- W ALON(: THE CENTERLINE OF SAID RIVER A DISTANCE OF I2.22 FEET;
THENCE LEAVING SAID CENTERLINE N 26 DEGREES I6 IB.. E A DISTANCE oF 459.28 FEET TcJ THE PO]NT oF BEGINNINGCOUNTY OF GARFIELD, STATE OF COLORADO
Form 13082 09/2t Ott wd.open.odr \yaranry Dood Open (phorographic)GW63005550 (r005952S)
789997 OBl13t201O 02.24-38 PM Page 3 of 3
Jean Alberico, Garfield County, Colorado
Rec Fee: $21.00 Doc Fee: $70.00 eRecorded
EXHIBIT "B''
propeny Address: 5109 couNTy RoAD 154 GLEN\'VOOD SPRINGS CO 81601
RIGHT OF THE PRO PRIETOR OF A VEI N OR LODE TO EXTRACT AND REM OVE IilS
ORE TI{EREFROT{, SEOULD THE SAME BE FOUNDTO PENETRATE OR INTERSECTTTIE
PREI\{ISES HEREBY GRANTED, AND A RIGTM OF WAY FOR DITCHES OR CANATS
CONSTRUCTED BY THE AUTHORITY OFTHE UMTED STATES, AS RESERVED IN
UNITED STAIES PATENT RECORDED February 17, 1896IN BOOK 12 AT PAGE 408.
RIGTTT OFWAY FOR DITCHES OR CANALS CONSTRUCTED BY TTIE AUTHORNY OFTHE
TJNITED STATES.4S RESERVED IN UMTED STATES PATENT RECORDED FEBRUARY
17, 1896 tN BOOK 12 AT PAGE 408 AS RECEPTION NO. I9O8O.
EAS EMENTS, COND rrl O NS, COVENANTS, RESTRI CTIONS, RESERVAfl O N S AN D NOTES
ON TIIE P[^AT OF ICE MINOR SUBDIVISION RECORDED AUGUST 4, I98I UNDER
RECEPfiON NO. 317697.
RESTRICITVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
C[,c,USE, BUTOMITTINGANY COVENANTS OR RESTRICTIONS, IFAT{Y, BASEI)
TJPON RACE, GOLO& RELIGION, SEX, SEXUAL ORTENTATION' FAMTLIAL
SIATUS, MARITAL STATUS, DISABILITY, TIANDICAB NATIONAL OzuGIN'
ANCESTRY, OR SOURCE OF INCOTIE, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT TTIAT SAID COVENANT OR RESTRICTION
IS PERMITTED BY APPLICABLE I..AW, AS CONIAINED IN INSTRUMENT RECORDED
August 04, t981, IN BOOK 578 AT PAGE 424 UNDER RECEPTION No. 317696.
TERMS, CONDTTIONS AND PROVISIONS OF DITCH AND WAIER AGREEMENT RECORDED
Juty 19, 1984 IN BOOK 653 AT PAGE 24S ATRECETIION NO. 354144.
EASE,MENTS, CONDITIONS, COVE N ANTS, RESTRI CTI ONS, RES ERVATI ON S AND NOTES
ON THE PI.,AT OF AMENDED PLAI OF IGE TVIINOR SUBDryISTON RECORDED
DECEMBER 20, 1988 UNDER RECEPTION NO.39Z60.
t'j, t '
EASEMEN 1'S AND RI GHTS OF WAY AS GONIAINED IN INSTRUMENT RECORDED
DECEMBER 24, 19{'l UNDER RECEPTION NO.430266
A}TY QUESTION, DTSPUTE OR ADVERSE CI..AIMS AS TO ANY LOSS OR GAIN OF
LAND AS A RESULT OFANY CHANGE IN THE RIVER BED LOCATION I]Y NATTJRAL
OR OTHER THAN NATURAL CAUSES. OR ALTERATION THROUCH AI{Y CAUSE,
NATURAL OR UNNATURAL, OFTHE CENIER THREAD, BANK, CHANNEL OR FLOW OF
WATERS INTIIE ROARJNG FORK RMR LYING Wrftlll{ SUBJECTLAND; AND ANY
QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED' BANK OR
CIIANNELAS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF
DESCRIBI NG OR LOCATIN G SI.'B.IECT LAI! DS.
AI{Y ADVERSE AFFECTS OFT}IE LOT SPTJT CREA'TED BY DEED RECORDED JULY 28'
IgE' UNDER RECEPTION NO.549472
Form 13100 08f2fl)g b2exhibi t.escmvr'. o dt Gw6300s556 (r0059s27)
A l),1 r\C:liN'l' l'ltOPIilt'l'\'
Sl:rl tcry I tt vcs(tttcttts
5 I 34 ('orrrrty llold I-54
(ilcrtrvootl Sprirtgs. CO tl l(r0l -()32(t
Ir4rrllirr \V. anrl l'ltricia A. []t'tttt'tt
tl5 ('ourrty Roatl l(r7
Clcrrrvotxl Springs. CO tt l6()l-9--l2l
l(iclrurtl \'. Ncilcy. .lr.
Nllrri:r l:.. N'llrrtiscirlclti
-51 57 C'orrrrty llrurtl l5'l
(i lcrrrvortrl Sprirrgs. ('() tt I (r0 I
l.l] l(osc ltirnclr Ll-C
I (X)7 Wcstbitttk llo:rtl
(ilcrtrvootl Sprirrgs. ('O II(tOI
o\\/NtiRS
AMENDED FINAL PLAT
LOT 1 OF THE AMENDED ICE MINOR SUBDIVISION
ACCORDING TO THE PLAT RECORDED AS RECEPTION NO. 397760
SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
toT9,aMss@ N PUG.\ Nm.38U.W Lr40I
L S.
']
D]J
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