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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 www.garfield-county.com MAR 032011 GARFIELD COUNTY BUILDING & PLANNING n;IL-0 -55 ❑ MINOR [2 LOT] EXEMPTION ❑ MAJOR [4 LOT] EXEMPTION EJ FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: DON SILLIVAN • Mailing Address: 1512 GRAND AVE, SUITE 111 Telephone: (970 ) 945-8568 City: GLENWOOD SPRINGS State: Co Zip Code: 81641 Cell: (970 ) 618-2755 > E-mail address: SILLIVAN @YAHOO. COM FAX: (970) 945-6568 > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Mailing Address: Telephone: ( ) • City: State: Zip Code: Cell: ( ) • E-mail address: FAX: ( ) • Street Address / General Location of Property: LOCATED ON CR 335, 2.4 MILES WEST OF THE NEW CASTLE EXIT. > Assessor's Parcel Number: 2 1 8 1- 0 4 4 - 0 0 - 2 6 7 > Size of Property (in acres) as of January 1, 1973: ➢ Current Size of Property to be Subdivided (in acres): ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 4 • Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot#: 1 containing 17.725 acres (2181-044-00-267) o Lot #: 2 containing 2.952 acres (2181-044-00-268) o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres ➢ Property's Zone District: RURAL Last Revised 12/12/08 I. TO QUALIFY FOR A MINOR EXEMPTION Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. In addition to the general exemption criteria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created by exemption for purposes of further division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption process; unless; 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County road right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. 111. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5--501. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating 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 public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 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 owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject 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. 6. A copy of the Pre --Application Conference form from the original Pre - Application Conference. 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size, The Director may require a more detailed version of .all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. 8. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VII, Standards. c) Adequate Access. The resulting Exemption Lots have legal and adequate access in compliance with the requirements of this Land Use Code set forth in Section 7-107 of Article VII, Standards. d) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7.209 and Section 7-210 of Article VII, or exacerbate existing hazards. e) Compliance with Comprehensive Plan and Intergovernmental Agreements. . The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: 1. Suitability of Plat for Recordation. The exemption map or plat is drawn in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. g) Taxes. All taxes applicable to the land have been paid. 9. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-601 A. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption 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 Exemption 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 an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) lots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four 14) Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 13. Application Materials: The Final Exemption 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. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary ,�i, I have read the statements above and have provided the required attached information which is y rrect and accurate to the best of my knowledge. (Signature ofroperty Owner) Date 7 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. . 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment, and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment I Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 1 $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption 1 Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 1 $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $5001 $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Planning Staff Hourly Rate u Planning Director $50.50 a Senior Planner $40.50 ✓ Nanning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee$11 — 1 st page $10 each additional page Page 2 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and o N 5i iic/,o /U Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for ► i vi L! d� ‘O/Deed 1c7IS 1 -t 2-- (hereinafter, THE ' ROJE 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) t(G-1/12X/I'4/A Signature } Date 2; Z- i4 SDN Print Name Mailing Address: /-Vev ;c /// rte-/Q/v/f), 9ori, i 6' - F76 7/ Page 4 HAYDEN OUTDOORS Don Sillivan, Broker - Holiday West Team Mr. Glenn Hartmann Senior Planner C/o Garfield County Building & Planning Dept. 108 Eighth Street, Ste. 401 Glenwood Springs, Co. 81601 Re: Moving property line Sillivan Subdivision Exemption Dear Mr. Hartmann, I am submitting this letter as a reason for me wanting to move the property line between Lots 1 & 2 of the Sillivan Subdivision Exemption. At present the possible building site on the Colorado River side of the Xcel Power line is being compromised by the easterly property line between Lots 1 & 2. By moving the line slightly easterly the property line setback for a residence does not interfere with that building site. In addition when I described a ten foot easement for a fishing easement for Lot 4 I did not realize that ten foot was not adequate to allow for a walking easement to the river, thus I have widened the easement to 25 feet. The steepness of the bank would have precluded a safe trail to the river. 1512 Grand Ave. Suite 111 Glenwood Springs, CO 81601 Sillivan@yahoo.com WWW.HaydcnOutdoors.com /,/�� Participating with t_.`oz'G"._.., gii.,, TROPHY PROPERTIES® www.CabelasTrophyProperties.com Account Page 1 of 1 Account: R045432 Location Parcel Number 2181-044-00-267 Situs Address City New Castle ZipCode 81647 Tax Area 017 -2D -SF -017 Legal Summary Section: 4 Township: 6 Range: 91 LOT 1 - SILLIVAN SUBDIVISION EXEMPTION. Subdivision: SILLIVAN SUBDIVISION EXEMPTION Lot: 1 a(I$ Transfers Sale Price $337,004 Tax History Tax Year Taxes Owner Information Owner Name SILLIVAN, DON Owner Address 1512 GRAND AVENUE #115 GLENDWOOD SPRINGS, CO 81601 Sale Date 05/07/2010 01/a L2Q0 05/28/2008 04/21/2008 images + GIS 2010 $2,458.60 2009 $2,304.56 Doc Type 173 DCL EAS WD Assessment History Actual (2010) Primary Taxable Tax Area: 017 Mill Levy: 39.3190 $215,610 $62,530 Type Actual Assessed Acres Land $215,610 $62,530 17.725 Ai ■ 400011111 41'411101 • I ■ rr_ ■ Book Page https://act.garfield-county.com/assessor/taxweb/account,jsp?accountNum=R045432 3/3/2011 `?"7.(b -L 50e----e6rx:),,,,r,--- 2 69-ii Ji - 2 7 / The owners of the adjoining properties are as follows: Joe Hurst 0 Box 2899 Basalt, Co. 81621 Talbot Enterprises, Inc. 5175 County Road 335 #402 New Castle, Co. 81647 Patrick G. Dwyer 4730 County Road 335 New Castle, Co. 81647 Roger Login 1311 W. Riverside Carlsbad, New Mexico 88220 /j Cordially o Sillivan 02-/-69(-P-?' /, v -T :1;1J ' '1' '1' 1- 'IL'. 444411RIA 401111410;14 in* itt 'TY H C.T1.1j1T •111- J n n`• 1.1-1' A. A , T 1. -71 1.71 ' -1-• A • - 414 - • -.I • -1 1 - t - • e:" • - _ -1- • 14 *4' 414l'14i1K-'-‘ r „ '1'1 - .0; 14:-▪ ' 11' -• • , - - - . 4 ,L• ! ' -# 4 4 -11 " - ' -•• - •' '1 -1" ' • - L- ' ' 4, NI' • • •- ?. `.1n1-; - :;7•17 ‘'•-- • 47, 4,11 • 1- .V171- 11' • =yr Jr ' -. • `-A - - , , ' - • _ - , • - ".`"' - 1114'.; 1 • " N t _ - r„ LergeTr..:-•••,' 7`1210111,„,1711_.;.2../P •:i..„•,!•;-;-,,; Lf I .:,._;,{_„,,_,.... ,.1.7t,.._ --,;_.:ii .,_-.;.,,:,:-....„,.,.Allz..,,21.,' iri-7=i-= IA -'.';4--: -.-mit''''':•:' "7-'• - '1-.'.." 4 • • - I,I.- IIC1-11, Le -1:i - : ,:.1- - ,_ L-cf,til;„7-- vill:,L. 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V'4•". :"$-Ir'1•:' _ . •.• -N • ."-31 7.1 rl orc' - It" • - • A 1- n • •." • • f_ :7%44)-1_1: -'111-4•I -4r.• ▪ , I I ._1 1 I` • • r:trr.rrrl r t- . - • ▪ !!! 1_L7 -e •'• I' - - : I - - ' -• 'IC". • el '14 :„L-12-25- - r 1, -re - - - • - • .4-- ▪ Al% 4,-,-1-•'-',414"t-4 47. - - - • _4-716. : ▪ *--4` I I 41 „I . _1- - 1 1 .7 :,- 4- • - 1-.1+ •-• I -1-- ' - -• 1-- .4,1T, •1 A:L-4•. . • Vicinity Map Scale: 1"=2000' GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER:2181-044-00-267 2181-044-00-268 DATE: March 3, 2011 PROJECT: Amended Subdivision Exemption Plat, Lots #1, #2, and #4 Sillivan Subdivision Exemption OWNER: Don Sillivan REPRESENTATIVE: na PRACTICAL LOCATION: County Road 335, 2.4 miles west of the New Castle Exit off of I-70 TYPE OF APPLICATION: Final Exemption Pian Amendment I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a modification to the lots lines between Lot #1 and #2 of the Sillivan Subdivision Exemption and adjustment of an access easement for Lot #4 of the Sillivan Subdivision Exemption. The adjustment of the lot line is to improve the dimensions of the preferred building footprint on Lot #2 and resolve any related setback issues. The amendment to the access easement which crosses Lot #2, will widen the easement benefitting Lot #4 and align it with the new property boundary between Lots #2 and #i. The change will allow better physical access to and use of the easement. The legal description of the property is Lots #1, #2 and #4 as shown on the Sillivan Subdivision Exemption Plat, recorded at Reception No. 754357 with the Garfield County Clerk and Recorded. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Unified Land Use Resolution of 2008 as amended apply: 5-306 -- Amended/Corrected Subdivision Final or Exemption Plat ➢ 4-104 — Administrative Review Procedures > 4-501 (A) and 5-501 (I) Submittal Requirements ➢ 5-502 (7) — Exemption Plat requirements ➢ Provisions of Article VII as deemed applicable As a convenience outlined below is a list of information typically required for this type of application: > 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 process 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 Plat showing the existing and proposed lot lines and modified easement location as requested by the Application. > The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed lot line adjustments. A statement indicating that the lots are vacant is an acceptable option. ➢ Vicinity Map. > Information as applicable to demonstrate compliance with provisions of Article VII (typically provision of utility services including but not limited to water and sewer, access, and hazard review/mitigation) > A narrative describing the request and related information. 11I. REVIEW PROCESS The review process shall following the steps contained in Section 4-104 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 zoo ft. and mineral rights owner, Director's Decision, Call-up Period, Finalizing the Amended Exemption Plat, Circulation for Applicant & Other Signatures, Board of County Commission Signature. Public Hearing(s): _X_ None Planning Commission Board of County Commissioners Board of Adjustment Referral Agencies: County Surveyor, Garfield County Building Department IV. APPLICATION REVIEW FEES Planning Review Fees: $300 Referral Agency Fees: $na Total Deposit: $300 (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. 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 by: Glenn Hartmann, Senior Planner 3/Lfi Date 1111 I liNL' K+P4l1Mit t4 lfili%M 1 11 1 Receptiontt; 747592 04/29/24108 04;22.35 pM Jean Aiberica 1 of 2 Rec Fee.$11.00 Doc Fee:33.70 GARFIELD COUNTY CO After Recording Retraa 1D: Due S7iiven I512 Grand Avenue Suite 115 Glenwood Sprlup, CO 816111 WARRANTY DEED Tbla peed, rands Aprll 21, 2808 Between The Estate of Mary Edith Logan of the County , State of New Mexico, granter(s) Lad Don Sillivan, a Tenant in Severalty whose legal eddrees is 512 Brand Avenue q l l5 Glenwood Springs, CO 81501 County of Garfleid, and Slate of COLORADO, grandee. W ITNCSS, That the grantor, for end in the consideration of the sum of THREE HUNDRED THIRTY-SEVEN THOUSAND AND 00/100 DOLLARS (5337,000.00 ) tho receipt tad sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by them presents does grant, bargain, sell, convey and confirm, undo the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being l`aftho County lcifGG-,ar/file_ldd,LSt�atLe OftCOLORADO described as follows: f it/4414W AAA Yfi�Pil'�1"'NRW Y�'jili4149afE�614,9csriiiel tlWpjrh1r44 r / / I / I / 1 1 111111/IN See Exhibit "Ar' Attached County of Gsrfietd, State of Colorado also known by street and number as 39492 River Frontage Road, New Castle, CO 81647 TOGRTHER with all and singular hereditaments and appurtenances, themuuto belonging, or in anywise appertaining, and the reversion and revetaions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title interest claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO DAVE A1'W TO LIOL.D said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself; his heirs and personal representatives, does covenant, grant, boggle and agree to end with the grantee, his heirs and assigns, that at the time of the emerging and delivery of these presents, he is well seized of the premises above conveyed, has good, aura, perfect, abaahtte and indefeasible estate of inheritance, in law, in fee simple, and bas good right full power and lawful authority to grant, bargain, sell and convoy the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sates, liens, taxes, assessments, e-ocumbrenco end restrictions of whatever bind of nature so aver, except for taxes for the current year, a lieu but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected In the Title Documents accepted by Breyer In accordance with section Sa (flue Review) of the contract dated Mani! 27, 2008, between tke parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession of the grantee, fibs heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above_ SELLER: a Edith by Roger L. Logon ea Personal Representative STATE OF NEW mg?) COUNTY OF �jI 7 } ss; The foregoing instrument was acknowledged, subscribed end sworn to before me April 21, 2008 Personal Repreasatative for The Estate of Mnry Edith Logan. Witness my hand and ofPdal seas. WD-Warrwnry Ueat H My R?Ye b grLa. .. ESCROW NO. 9261I0t59137•05-WA3 ■111 KRIMP41i,Whi!,4iAlrellfi 1, ,Migi 11111 Receptionki: 747592 04!2912009 04:22;35 PM Joan PIDerico 2 of 2 Rec Fee:$11,00 Doc Fee:33.70 G4IRF1ELD COUNTY Co ATTACHED LEGAL DESCRIPTION A parcel of land situated in the E 14 of Section 4, Township 6 South, Range 91 West of the 6''' P.M., said parcel of land being more particularly described as follows: Commencing at the Southeast Corner of Section 4, a Stone Monument in place; Thence North 00°21'46" West along the Easterly line of said Section 4 a distance of 1328.19 feet to the Southeast Corner of Government Lot 11, a 3 Y," Garfield County Surveyors Aluminum Cap in place, the true point of beginning. Thence departing said Easterly line South 89'12'12" West along the Southerly line of said Lotl1 a distance of 1321.97 feet to the Southwest Corner of said Lot 11, a 3 '/" Garfield County Surveyors Aluminum Cap in place; Thence departing said Southerly line North 01°00'0T' East along the Westerly line of said Lot 11 a distance of 309.01 feet to a point on the centerline of the Colorado River, Thence departing said Westerly line and along said centerline of the Colorado River the following Nine (9) courses: 1.) North 74°05'14" East 441.97 feet; 2.) North 37°00'09" East 483.59 feet; 3.) North 26°59'10" East 435.60 feet; 4.) North 16°25'19" East 466.03 feet; 5.) North 03°17'27" East 318.76 feet; 6.) North 00009'45" East 732.48 feet; 7.) North 03°14'56" West 258.30 feet; 8.) North 05°39'48" East 649.85 feet; 9.) North 32°36'01" East 327.78 feet to a point on said Easterly line of Section 4; Thence departing said centerline of the Colorado River South 00°21'46" East along said Easterly line 3864.62 feet to the point of beginning. County of Garfield, State of Colorado Also Known as: 39492 River Frontage Road, New Castle, CO 81647 g26-H0153237-105-EA3 FAIT@ PP Land Title GUARANTEE COMPANY W W W. Lr1f.000 Date: 0340-2011 Land Title Guarantee Company CUSTOMER DISTRIBUTION Property Address: VACANT LAND NEW CASTLE, CO 81647 Our Order Number: GW63006227 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Janice L. Johnson 1317 GRAND AVE 4200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 800-318-8206 EMail: jjohnson@ltgc.com For Title Assistance: Glenwood Springs "GW" Unit 1317 GRAND AVE 4200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-995-4784 CAROL DOPKIN REAL ESTATE 122 WEST MAIN STREET ASPEN, CO 81611 Attn: NOEL HALLISEY Phone: 970-920-1186 Fax: 970-920-1976 EMail: noel@caroldopkin.com Sent Via EMail LISBETH ODEN P.O. BOX 3605 ASPEN, CO 81612 EMail: cabindream@earthiink.net Sent Via EMail JOHN GOSS EMail: johngoss06@comcasl.net Sent Via EMail 04 A18.11 DON SILLIVAN Attn: DON SILLIVAN Phone: 970-674-1990 Fax: 970-945-8568 EMail: sillivan@yahoo.com Sent Via EMail LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE 4200 GLENWOOD SPRINGS, CO 81601 Attn: Janice L. Johnson Phone: 970-945-2610 Fax: 970-945-4784 Copies: 1 EMail: jjohnson@Itgc.com Pig Land Title GUARANTEE COMPANY Land Title Guarantee Company Date: 03-10-2011 Our Order Number: GW63006227 www.LTCC.CON Property Address: VACANT LAND NEW CASTLE, CO 81647 Buyer/Borrower: LISBETH ODEN AND JOHN GOSS Seller/Owner: DON SILLIVAN Wire Information: Bank: ALPINE BANK GLENWOOD SPRINGS, CO 81601 Phone: Credit: ABA No. Account: Attention: Janice L. Johnson Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) Deletion of Standard Exception(s) (Owner) Tax Report X2 $511.00 $50.00 $50.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $611.00 Farm crNTkcT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW63006227 Schedule A Cust. Ref.: Property Address: VACANT LAND NEW CASTLE, CO 81647 1. Effective Date: February 28, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $246,500.00 Proposed Insured: LISBETH ODEN AND JOHN GOSS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DON SILLIVAN 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION LEGAL DESCRIPTION Our Order No: GW63006227 NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. LOTS 1 AND 4, SILLIVAN SUBDIVISION EXEMPTION PLAT, RECORDED AUGUST 20, 2008 UNDER RECEPTION NO. 754357. COUNTY OF GARFIELD, STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. GW63006227 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF SILLIVAN SUBDIVISION EXEMPTION, 1ST AMENDED. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. EVIDENCE SATISFACTORY TO LAND TITLE GUARANTEE COMPANY THAT JOHN ROBERT GOSS, DEBTOR IN BANKRUPTCY CASE NO. 08B-18208, FILED JUNE 12, 2008 IS NOT ONE AND THE SAME PERSON AS JOHN GOSS (BUYER). NOTE: A SOCIAL SECURITY NUMBER MAY SATISFY THIS REQUIREMENT. . PARTIAL RELEASE OF DEED OF TRUST DATED APRIL 18, 2008, FROM DON SILLIVAN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF UNITED WESTERN BANK TO SECURE THE SUM OF $975,000.00 RECORDED APRIL 29, 2008, UNDER RECEPTION NO. 747593. WARRANTY DEED FROM DON SILLIVAN TO LISBETH ODEN AND JOHN GOSS CONVEYING SUBJECT PROPERTY. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE ALTA COMMITMENT Schedule B-1 (Requirements) Continued: Our Order No. GW63006227 LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF DON SILLIVAN. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LISBETH ODEN AND JOHN GOSS. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS. NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63006227 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 Iien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 14, 1908, IN BOOK 71 AT PAGE 332. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 14, 1908, IN BOOK 71 AT PAGE 332. 10. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED JULY 14, 1937 IN BOOK 186 AT PAGE 594. 11. TERMS, CONDITIONS AND PROVISIONS OF RULE AND ORDER RECORDED JUNE 1977 IN BOOK 497 AT PAGE 81. 12. OIL AND GAS LEASE RECORDED JULY 7, 1987 IN BOOK 715 AT PAGE 765, AND ANY ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63006227 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY EASEMENT GRANTED TO HOLY CROSS ENERGY RECORDED JUNE 20, 2008 AT RECEPTION NO. 750844. 14. EASEMENTS, ENCROACHMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SILLIVAN SUBDIVISION EXEMPTION PLAT RECORDED AUGUST 20, 2008 UNDER RECEPTION NO. 754357. 15. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION FOR SILLIVAN SUBDIVISION EXEMPTION BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 20, 2008 AT RECEPTION NO. 754458. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN GAS EASEMENT RECORDED SEPTEMBER 23, 2010 UNDER RECEPTION NO. 791876. 17. EASEMENTS, ENCROACHMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SILLIVAN SUBDIVISION EXEMTION, IST AMENDED RECORDED 18. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 19. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at Ieast one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all maters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recordin or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owners Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic s and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, thebuilder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energ�yy in the property: and B) That such mineral estate may include the right to enter and use the proper fy without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a) 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, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you io those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT Commitment to Insure ALTA Commitment • 2006 Rev. "Ot fitt * * OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable * consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the $,. Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 8 hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or ether matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. in no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is 52,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Aft A horized Sign ture CC.ORT.06 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South 14.` Minneapolis, Minnesota 55401 ; , o�Ti7Lf;y (612} 371.1111 ;' * * Z ' ¥2, o70 . AMERICAN LAND TITLE ASSOCIATION ENVIRO-CHEM Al.ALY7lCAZ- LNC_ To: Valley Pump PO Box 2875 Montrose, Co 81402 Submitted by: Robert Sa*ttple I.D.: Water, Sullivan P1 Comments: Kept 4C till tested Parameters Total CoIifarm Fecal CoLiforin pH Conductivity Total Dissolved Solids Sulfate Chloride Hardness Calcium Magnesium Iron Sodium Potassium Nitrate Results ANALYTICAL TESTING LABORATORY 555 IN Gmrrsor5, SWse 7108, Grand Junction, CO 6-.501-7249- (97D) 242-6154, FAX (970) 245-5270 Date: July 31, 2008 No: ECA/VP 08-04 SAMPLE 1`DENT ICA T ION Date/ Time Sampled: June 30. 2008 Date/Time Received: July 1, 2008 11:30 Date Tested: see below RESULTS Date/Time Ran Analyst Method MDL Absent Absent 7.33 2442 wnhos/cm 1782 mgfL 125.95 mg/L 479.6 tag/L 377 mg/L 79.75 mg/L 43.4 mg/L 0.030 mg/L 260 mg/L 8.71 rug/L 4.89 mg/L Results submitted for Enviro-Chem Analytical, Inc. rese K. Thomps Lab Director 07/0I/0811:45 EM 07/01/081L45 EM 07/02/0811:15 EM 07/02/08 11:15 EM 07/08108 14:45 CF 07/03/08 12:40 CF 07/10/08 08:00 EM 07/21/08 14:00 LKT 07/21/0811:25 LKT 07/21/08 13:30 LKT 07/22/0814:30 RM 07/22/08 11:15 CF 07/22/0810.20 CF 07/01/08 11:50 EM Colilert Colilert SM 4500 B SM2510B SM 2540 C SM 4500 D SM 4500 D SM 2340 B SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 3111/;500 SM 4500 B,E P/A P/A 2 0,5 20 1.0 1.0 0.2 0.2 0.010 0.2 0.2 0.1 ENVIRO-CHEM ANALi71CF.1. INC_ To: Valley Pump PO Box 1875 Montrose, Co 81402 ANALYTICAL TESTING LABORATORY 625 W Gunnison. Su+le X163. Grants ionMpr3 l-7 t 242-6154. FAX (srO} 245.827C No: ECA/VP 08-03 Submitted by: Robert Sample I.D.: Water, Sullivan #2 Comments: Kept 4C till tested Parameters Total Coliform Fecal Coliform PH Conductivity Total Dissolved Solids Sulfate Chloride Hardness Calcium Magnesium l ron Sodium Potassium N i trace Results SAMPLE IDENTIFICATION Date/ Tirne Sampled. June 30, 2008 Dateflime Received: July 1, 2008 11:30 Date Tested: see below RESULTS Dat.eaime Ran Analyst Method MDL Absent Absent 7.62 2496 umhas'cm 2300 mg& 1211.7 mg/L 65.41 mg/L 535 mg/L 165.7 mg/L. 29.6 mg/L 0.020 mg/1_ 346 mg/L 7.93 mg/L 4.35 rng/L Results submitted for Envixo-Chem Analytical, Inc. Liese K. Thome n Lab Director 07/01/08 11:45 EM 07/01/08 11:45 EM 07.02/0811:15 EM 07/0210811:15 EM 07108/08 14:45 CF 07/03/08 12:40 OF 07/10/08 08:00 EM 07/21/08 14:00 LKT 07/21/08 11:25 LKT 07121/0813:30 LKT 07/22/08 14:30 RM 07/22./08 11:15 CF 07/2210810.20 CF 07/01/08 11:50 EM Colileri Colilert SM 4500 B SM 2510 B SM 2540 C SM 4500 D SM4500D SM 7340 B SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 3111 /3 500 SM 31115500 SM 4500 B,E P/A P/A 2 0.5 7.0 1.0 1.0 0.2 0.2 0.010 0.2 0.2 0.1 do : to Rn t,n Dot ENVIRO-CHEM .ANALYTICAL : uC To: Valley Pump PO Box 1875 Montrose, Co 81402 ANAI.YTICAL TESTING LABORATORY 655 W. Gunresor., Susie #108, Grand Junction, CO 81501-7249. (970) 242-6154, FAX (9701 245-9270 Submitted by: Robert Sample L0.: Water, Sullivan P3 Comments: Kept 4C 611 tested Parameters Total Coliform Fecal Coliform PE Conductivity Total Dissolved Solids Sulfate Ch1 oride Hardness Calcium Magnesium Iron Sodium Potassium Nitrate Results Date: July 31, 2008 No: ECA/VP 08-02 SAMPLE JDENTu ICATION Date/ Time Sampled: June 30, 2008 Date/Time Received: July 1, 2008 11:30 Date Tested: see below RESULTS Date/Time Ran A.nalvst Method MDL .4bsent Absent 7.99 1269 nu-dos/cm 895 mg/L 269.6 mg/L 21.80 mg/L. 74.5 mg/L 25.05 mg/L 2.92 mg/L 0.060 mg/L 244 n:g/L 1.02 mg/L 2.69 mg/L Results submitted for Enviro-Chem .Analytical, Inc. nese . Thomp Lab Director 07/01/0811:45 EM 07/01/08 11:45 EM 07/02/08 11:15 EM 07/02/08 11:15 EM 07/08/08 14:45 CF 07/03/08 12:40 CF 07/10/08 08:00 EM 07/21/0814:OBD LKT 07/21/08 11:25 LKT 07/21/08 13:3D LKT 07/22/08 14:30 RM 07/2214811:15 CF 07/22/0810.20 CF 07/01/08 11:50 EM Colilert Colilert SM 45008 SM 2510 B SM 2540 C SM 4500 D SM 4500 D SNI 2340 B SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 31 11/3500 SM 3I11/3500 SM 4500 13.E P/A PIA 2 0.5 2.0 1.0 1.0 0.2 0.2 0.010 0.2 0.2 0.1 ENVIRO-CHEM ANALYTICAL, INC. To: Valley Purnp PO Box 1875 Montrose, Co 81402 ANALYTICAL TESTING LABORATORY 685 W. Gunnisor., Suite R;•78- GrandJunclpn, GO 8150-7249, {970) 242-6154, FAX (97a) 245-9270 Submitted by: Robert Sample I.D.: Water, Sullivan *4 Comments: Kept 4C till tested Parameters Total Coliform Feral Coliform PD Conductivity Total Dissolved Solids Sulfate Chloride Hardness Calcium Magnesium Iron Sodium Potassium Nitrate Results Date: July 3 I, 2008 No: ECA/VP 08-02 SAMPLE JDEN'TLFYCATION Date/ Time Sampled: June 30, 2008 Date/Time Received: July 1, 2008 11:30 Date Tested: see below RESULTS Date/Time Ran Analyst Method MDL Present Absent 8.00 2513 urnhoslcm 2200 rng/L 1371 mg/L 43.60 mg/L 347 mg/L 132.8 mg/L 12.15 mg/L 0.050 mg/L 419 rag/L 4.74 mg/L. 4.38 mg/L Results submitted for Enviro-Chen) Analytical, Inc. Liese K. Thornp Lab Director 07/01/081I:45 EM 07/01/08 11:45 EM 07/02/0811:15 EM 07/0210511:15 EM 07/08/0814:45 CF 07/0310812:40 CF 07/10/08 08:00 EM 07/21/08 14:00 LKT 07/2I/0811:25 LKT 07/21/08 13:30 LKT 07/22/08 14:30 RM 07122/08 11:15 CF 07/22/0810.20 CF 07/01/0811:50 EM Colli ert Colilert SM4500B SM 2510 B SM 2540 C SM 4500 D SM 4500 D SM 2340 B SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 3111/3500 SM 4500 B,E P/A P/A 2 0.5 2.0 1.0 1.0 0,2 0.2 0.010 0.2 0.2 D.1 ENVIRO-CHEM ANALYT}CAL, INC. To: Valley Pump PO Box 1875 Montrose, Co 81402 ANALYTICAL ICAL TESTING LABORATORY 685 W Gu,r.s n. Sense #105. Grand J.L.,ndi.g. CC 819)1.724s. OM 242-6154 FAX (970; 245-9270 Submitted by: Robert Sample I.D.: Water, Sullivan #4 Comments: Kept 4C til tested Parameters Total Coliform Fecal Coliform pH Conductivitf Total Dissolved Solids Sulfate Chloride Hardness Calcium Magnesium Iron Sodium Potassium Nitrate Results Date: JuIy3I, 2008 No: ECA/VP 08-0I S AI`S'LE IDENTWICA T ION Date/ Time Sampled: July 22, 2008 31:45 Date/Time Received: July 22, 2005 13:35 Date Tested: see below RESULTS Date'/Time Pan Analyst Method J4DL Absent Absent 7.84 2691 umhos/crn 2126 mg/L 1217 mg/L 9811 mg/L 321.2 mg/L 121.7 mg/L 4.23 mg/L 1.930 rng/L 16.2 mg/L 4 83 rL 4.75 nigh.. Results submitted for Enviro-Chem Analytical, Inc. 7 Liese K. Thompson Lab Director 07/23/0811:05 EM 07/23/08 11:05 EM 07/23/08 11:15 EM 07/23/08 11:15 EM 07/30/08 13 :1 5 EM 07/30/08 13:50 EM 07/23/08 14:05 Elul 07/31/08 11:00 LKT 07/30/08 14:13 CF 07/30/08 13:10 CF 07/31/08 13:18 LKT 07/31108 12:55 CF 07/31/0812.35 OF 07/23/08 11:15 EM Colilert Colilert SM 4500 B SM 2510 B SM 2540 C SM4500D SM 4500 D SM 234013 SM 31 I 1/3500 SM 3111/3500 SM 3I 11/3500 SM 3111/3500 SM 3111/3500 SM 4500 B,E P/A P/A 0.5 2.0 1.0 1.0 0.2 0.2 0.010 0.2 0.2 0.1 1-RUl`f. U:J j1V LEZ7 Pump On ' Date aiarTime :O Pump OffDate 7 - ( Time ,ZOD Duration of Aquifer Test Pm WESTWATER ASSOCIATES, INC. Weil No.l.if Ell AQUIFER TEST DATA 4, Page E of How W.L.Measured&:,,77-4e4 How Q Measured Distance From Pumping Well Depth PumpjAirl. Measuring Point Elevation Measuring Point Depth Tranad. FIow Meter Reading Type of Test Start Previous Pumping Finish Water Level Data - S.W.L. Dischae Data Date Clock Time Pumping Elapsed Time 0 Recovery Elapsed Time Reading AA w DWk 1 1 79 7I. g 76. 0 JO3. 73§,36 Water Reading Water Reading Level Rccc1"20 Level 11 540 $-fa 7g.9 Rate (Gpm) Rate Comments Meter (G pin boo _ 72.0 720 840 840 1080 1020 1320 ' 1440 1440 ",_l)c9N •01 AA( Valley Pump Company AOUIFIER TEST DATA Page f of i Pump On" Date _6-3 0 Time7151Uow W.L Measured celt.havcirg tow 4 Measured Pump Off " Date G-30 Time /.SDistance From Pumping Well; Depth Pump / Air1_ Duration of Aquifier Test 400.5 )Measuring Point Depth Transd. Elevation Measuring Point Type of Test Previous Pumping Water Level Data - 5.W Data Flow Meter Reading Start Finish Date Clods Tune Pumping Recovery : Elapsed Elapsed Time Time 8. + •, Water Reading Water 0 ' w Level Atm Level klDizmv • eadin Rate g (Gpm) Rate Meter 'Gam) ommertts 0 0 .. . Iv v , 1 2 MI i ) BE 111111111111111 4 4 ?{D,0 %�•S $ j1. q/ 3'1 / i O �� _�M. FM 7 7 10 10 aq 107'3 11111 15 ° 20 20 6= tog, '• i/D{/D 25 .x,15 ■►> Figi 30 30 10O /3'3 40 `� 2;p.' S 50 01, Ildffil 60 60 06,.6 13-(a. (3% 9 MIS • vv �b 75 lei 90 905 �Q7'S` 105 1 • 120 120 (124 W, - 111 Ell ;yr 150 3.g 1y,7 lis 180 iso � 111111P%I 210 /s.. 240 240 & ',.� 300 4 300 360 360 480 I ---._ 600 720 720 840 840 IIIIIIIIMIII IIIIIIIIIIIIIIIIIII _1111 1080 1080 1320 1440 144.0 IIII ■ Aug 05 08 09:43a Purnp On* Dade I'D '30 Time Purnp Off • Date 6-30 Time Duration of Aquifler Test d9a NE►Punyr AQUIFIER TEST DATA ow Q Measured Pump/ Aid. Transd. Wet. P ype of Test ions Pumping s�pin p,3 low Meier Reading tart inish Water Level Data - S.W_L Disth Date I 1 Clods Time Pumping Elapsed Time Recovery ReadinglWater Etapsed lime pion`' &w,v ead Level ec. 7S Water 4' eadin Level g Rate (Gm) Meter (Gym) Comments 0 '-6- '`` 0 6- 0 k a . I 1 1 76, CL'S '` 2 2 3r �$ C CI f ? 5 , t9/:o33 (2 ling 4 4 .9, , . p ____.T15,_ 5 5 8/'3 7;5.3 - :0' 7 7 /+ `. _—__ 10 10 .0 re2.4ce-I�) .57 ► L Lc, 15 20 ',. S2 .(Q 7Z•i5 .0 i; 20 '.5j 25 30 `133 $y . 475;13 '30 30 I y 40 -off • 1 1 ea ________Xci,___, eo 75 60 CiV, 0 N 8i _______ 9 M +79'53 _______ 3d 90 90I 3 105 ' 5-y4 jf515 9;00 120 120 cI5, 7 7 O - 9.3c, 150 �` -78' %d O 180 180 t_95 5r$3 5.30. 210 g. gq 3- CO ' �� 240 240 300 300 iso 360 �- -- - 420 r - -r _ - 480 480 540 540 BOO 600 720 720 840 840 r _ 1080 1080 1320 1440 1440 ,Voev 3,//I o4/1/ Valley Pump Company AQUIFIER TEST DATA P.4 Well No Page l of Pump On' Dale 4- 3 O Time (A' U 1-iow W.L Measured How Q Measured Pump OF Date 6-3d Time 'stance From Pumping Well_ Depth Pump I Airl_ Duration of Aquifer Test goiX _Measuring Pow Depth Transd. Ftevatian Measuring Point Type of Test Previous Pumping (,'n Flow Meter Reading Start water Leve4 ,ata - S.W.L.' tRSCri •. a Dasa Date Clods Time Pumping Elapsed Time Recovery .fii.clinWale gea Water Elapsed M Level rLevel Time /.;y 'eadin g Rate Rate Comments (Gpm) Meter G. 0 111111111.1111.1.111 . MII—IIIIIIIIIIIIII___ 11. � __�MI 3o r 0 -= �__IIIIN Mr 03 INIMINERIENE 3643 MINIM MIN Ell c)v MIN= UP. MIMI= MINI MI = .: 05 5 ©: �-�-aare�ss� �� ��' . �© 10 7 R►'I j7-[LtAr•�_ 10 DENNINVPM______ I__111111r._ ', X gam- �� • 20 20 MMI NM____ -Lr�{ rr�• 25 __IIIIII 111111.WIRM :._ INN CO;3-0 30 30 ne:MIRFO,1 •40 COI 1.1__ IIIIII_ 1=62 50 50 111111111M =IIIIIII 1 OD 60 60 dia A IWARIIIIIINNIMIIIIIMIll IMRE 90 90 IMI- VI -5 ____ BE 105 ko . 71111111111111C.� ��� 11111 '• 120 120 r► —[�' •�'� __ MIME 150 11111111111M11111111•1111•11111111111111 - 11 180 180 EMENNIMININNIN 1111q'3D _ 210 240 MIIEVAZIIIIIIIIIIMIMIIIIIIIIIIIIIIIIIIIII 240 PZ 5.s..—_111111 300 300 _____�___ 360 360 .11111.1____ IIIII_ 420 111111111.11__ -_Mil '_ 480 480 --___1.11_ 540 _-_���_ �540 600 600 720 720 _MI__i _ MEI 840 840 _EMI. _MIS _NM 1080 1080 _ .111 ME 1320 1440 IIIII■MIIIIIIMIIIIIIIIIr 1440 111111111 M__ Mill -- Land Title (iUUARANTi. r. COMPANY Date: 08-26-2009 Property Address: NEW CASTLE Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: GW63004197 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Glenwood Springs "GW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 DON SILLIVAN EMail: sillivan@yahoo.com RICK EMai1: rick@haydenouldoors.conm IF" Land Title Ii11ARAN7 YE commniY Property Address: NEW CASTLE Buyer/Borrower: TBD Seller/Owner: DON STLLIVAN Land Title Guarantee Company Date: 08-26-2009 Our Order Number: GW63004197 Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $o.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW63004197 Schedule A Gust. Ref.: Property Address: NEW CASTLE 1. Effective Date: July 31, 2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DON SILLIVAN 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION LEGAL DESCRIPTION LOT 2 Our Order No: GW63004197 A PARCEL OF LAND SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT I1, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 16 DEGREES 33'00" W 731.51 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD 335, THE TRUE POINT OF BEGINNING; THENCE S 21 DEGREES 13'21" W ALONG SAID CENTERLINE 114.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 222.83 FEET, CHORD BEARS S 30 DEGREES 20'30" W 221.89 FEET; THENCE DEPARTING SAID CENTERLINE N 52 DEGREES 32'31" W 428.26 FEET TO THE CENTERLINE OF THE COLORADO RIVER; THENCE ALONG SAID CENTERLINE N 37 DEGREES 00'09" E 168.03 FEET; THENCE N 26 DEGREES 59'10" E CONTINUING ALONG SAID CENTERLINE A DISTANCE OF 119.30 FEET; THENCE DEPARTING SAID CENTERLINE S 59 DEGREES 00'41" E 394.39 FEET TO THE POINT OF BEGINNING. SUBJECT TO A STRIP OF LAND 30.00 FEET IN WIDTH FOR THE PURPOSE OF A WELL ACCESS AND MAINTENANCE EASEMENT SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 22 DEGREES 46'22" W 645.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 67 DEGREES I6'17'' W 148.15 FEET TO THE POINT OF TERMINUS; WHENCE THE SOUTHEAST CORNER OF SECTION 4, A STONE MONUMENT IN PLACE BEARS S 11 DEGREES 16'01" E 2019.11 FEET. TOGETHER WITH A RIVER ACCESS EASEMENT ACCESS ACROSS LOT 3, SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT I1, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 50 DEGREES 24'33" W 540.24 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD 335, THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID CENTERLINE N 52 DEGREES 32'31" W 152.59 FEET; THENCE N 37 DEGREES 27'29" W 80.00 FEET; THENCE S 52 DEGREES 32'31'' E 160.00 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD 335; THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 80.39 FEET, CHORD BEARS S 42 DEGREES 45'03" W 80.34 FEET TO THE POINT OF BEGINNING. A/K/A LOT 2 ACCORDING TO THE SILLIVAN SUBDIVISION PLAT RECORDED AUGUST 20, 2008 UNDER RECEPTION NO. 754737 COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. GW63004197 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. PARTIAL RELEASE OF DEED OF TRUST DATED APRIL 18, 2008, FROM DON SILLIVAN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF UNITED WESTERN BANK TO SECURE THE SUM OF $475,000.00 RECORDED APRIL 29, 2008, UNDER RECEPTION NO. 747593. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63004197 The policy or policies to he issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the public records. 4. Any lien, or right to a Iien, for services, labor or material heretofore or hereafter furnished, imposed by Jaw and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said Land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 14, 1908, IN BOOK 71 AT PAGE 332. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 14, 1908, IN BOOK 71 AT PAGE 332. 11. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED JULY 14, 1937 IN BOOK 186 AT PAGE 594. 12. TERMS, CONDITIONS AND PROVISIONS OF RULE AND ORDER RECORDED JUNE 1977 IN BOOK 497 AT PAGE 81. 13. OIL AND GAS LEASE RECORDED JULY 7, 1987 IN BOOK 715 AT PAGE 765, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT GRANTED TO HOLY ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63004197 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: CROSS ENERGY RECORDED JUNE 20, 2008 AT RECEPTION NO. 750844. 15. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 16. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE SILLIVAN SUBDIVISION EXEMPTION PLAT RECORDED AUGUST 20, 2008 UNDER RECEPTION NO. 754357. 17. TERMS, CONDITIONS AND PROVISIONS OF COVENANTS CONTAINED ON PLAT RECORDED AUGUST 20, 2008 AT RECEPTION NO. 754357. 18. RESTRICTIVE COVENANTS FOR SILLIVAN SUBDIVISION, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 20, 2008, UNDER RECEPTION NO. 754458. 19. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of aur business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.FOL.ORT Commitment to Insure ALTA Commitment . 2006 Rev. ti OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the * .. Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse daim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of insured in the form of policy or paiicies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the farm of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS in addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duty authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 ; oap, TlTL y {612} 371.1111 :?�` * tc sg : _c,* * z: A Dined Sign ture * 're c 6J, * * * *..° bolo • Xtr' , CC.ORT.06 RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant Don Siliivan 1512 Grand AVE 115 Glenwood Springs, CO 81601 Return to: Invoice Number: INV -3-11-20864 Invoice Date: 3/4/11 Plan Case: Final Exemption Plat Amendment, FEXA-3-11-6755 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Fee Name 1512 grand ave., RM. 115, GWS Fee Type Fee Amount Final Exemption Plat Application Date Pay Type 03/08/2011 Check Fixed $300.00 Check Number 7239 Total Fees Due: $300.00 Amount Paid $300.00 Change $0.00 Total Paid: $300.00 Total Due: $0.001 FOR HOLIDAY WEST REALTY OPERATING ACCOUNT 1512 GRAND AVE., RM. 115 PH. 970-945-8568 GLENWOOD SPRINGS, CO 81601 PAY TO THE ORDER OF DATED/ A-4/ 4.1.3insligfc.colvtac19. TELEBANK 1.800.295.6879 VES ' 0755 7239 82-24411070 $ jar et') n DOLLARS 1 .1.11. WP Tuesday, March 8, 2011 Garfield County Deputy Surveyor Jason Neil, P.L.S To: Michael Langhorne — Bookcliff Survey Services, Inc. From: Jason Neil — Deputy Garfield County Surveyor Subject: Plat Review — Sillivan Subdivision Exemption, 1st Amended Plat Date: April 4, 2011 Dear Michael, Upon review of the Sillivan Subdivision Exemption, 1st Amended Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. I have reviewed said 1St Amended plat and have no comments or corrections. Once these and all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Jason Neil, P.L.S. Deputy Garfield County Surveyor cc Glenn Hartmann — BuiIding and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, CO 81601 • (970)945-1377 • Fax: (970)384-3460 • e-rail:saibner@garfreld-countycom Glenn Hartmann From: Glenn Hartmann Sent: Thursday, April 07, 2011 9:02 AM To: 'sillivan@yahoo.com' Subject: Amended Subdivision Exemption Plat - Sillivan Exemption Attachments: Sillivan Amended Exemption Plat - Director's Decision.pdf; Sillivan Staff Report - scanned.pdf Hi Don: I've attached a copy of the Director's Decision regarding your amended Exemption Plat Application along with a copy of the Staff Report (originals sent by mail). Please note that the conditions of approval deal with technical plat edits/wrap- up very typical of this type of review. Thank you for all your efforts to provide all the information needed to review and process your application. The 10 calendar day call up period for the Board of County Commissioners begins the date of the decision and will expire on April ie. Once the call-up period has expired with no request for a public hearing, and provided all conditions and plat edits have been finalized we will move forward with scheduling a time on the Board of County Commissioner's consent agenda for them to sign your amended plat. I will meet with the County Attorney's Office on the plat and provide final comments as soon as possible. Once we have provided final comments we can discuss the preparation of a mylar of the plat and circulation for signatures prior to scheduling with the Board of County Commissioners. Please contact me if you have any questions regarding the timing and schedule for finalizing the plat. Sincerely, Glenn Hartmann Garfield County Building and Planning 1 Glenn Hartmann From: Glenn Hartmann Sent: Tuesday, April 19, 2011 11:44 AM To: 'sb@bookcliffsurvey.com' Cc: 'sillivan@yahoo.com' Subject: FW: Sillivan Subdivision Exemption Attachments: plat edits - scanned.pdf Bookcliff Survey Services & Don Sillivan: This email is in regard to final comments on the Sillivan amended subdivision exemption plat that you have prepared for review by the County, Outlined below are the final comments/edits from the County Attorney regarding the titling of the plat. I have also scanned and attached a couple (3) very minor edits that also should be made to certain certificates. Comments from the County Surveyor indicated that he did not have any edits. Please contact us if you have any questions and to discuss timing for preparation of a mylar once the required edits have been made. Sincerely, Glenn Hartmann Garfield County Building and Planning County Attorney— Edits for Title Preferred Title for Plat: "Amended Plat of Lots 1, 2 and 4 of Sillivan Subdivision Exemption, According to the Plat recorded as Reception No. . E1/2NE1/4 and the E1/2SE1/4 of Section 4, Township 6 South, Range 91 West of the 6th P.M., County of Garfield, State of Colorado" Which means that the Certificate of Dedication and Ownership can now just reference: "The undersigned , being sole Owner in fee simple of all that real property situated in Garfield County, Colorado, described as Lots 1, 2 and 4 Sillivan Subdivision Exemption, recorded as Reception No. containing acres, more or less,..." �•,�r FrtW 64 .1 #1� 1 r', • •I, k' / } i Ti• 1.r ; • '/1 . •'u -H -i• • • 1 H • ulvc1o17 SPR/Ni S 7P Mf rSTUF�MK1'/ S.-' 'V7 G C Al N1 _ FA/IFd'4?I area � c';. ,. i�}•',,i.' C N —I 1 • • I I 1 / 0 4-� :I' Ur 1 II ,Thbr ✓Z�Y� f.• ?j SILLIVAN SUBDIVISION EXEMPTION, 1 ST AMENDED Parcels of Land Situate in the E1/2NE1/4 and the E1/2SE1/4 of Section 4, Township 6 South, Range 91 West of the 6th P.M., County of Garfield, State of Colorado EXEMPTION PLAT NOTES THE FOLLOWING PLAT NOTES WERE REQUIRED BY GARFIELD COUNTY REGULATION AND AS SUCH ARE NOTA PART OF THE SURVEYORS CERTIFICATION HEREON. A. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. B. ONE (1) DOG WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT WITHIN A SUBDIVISION AND THE DOG SHALL BE REQUIRED TO BE CONFINED WITHIN THE OWNERS PROPERTY BOUNDARIES. C. NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN AN EXEMPTION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNTT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCE'S. D. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. E. COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING INA COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITHAN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUNDS, SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURA-L ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUITTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MY NATURALLY OCCUR AS PART OFA LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONo. F. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED 71D LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZEN" OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS 'A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY T?B COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. G. ALL NEW SEPTIC SYSTEMS AND RESIDENTIAL FOUNDATIONS SHALL BE DESIGNED BYA PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN COLORADO. H. ADDRESSES ARE TO BE POSTED WHERE THE DRIVEWAY INTERSECTS THE COUNTY ROAD. IFA SHARED DRIVEWAY IS USED, THE ADDRESS FOR EACH HOME SHALL BE POSTED TO CLEARLY IDENTIFY EACH ADDRESS- LETTERS ARE TO BE A MINIMUM OF 4 INCHES IN HEIGHT, % INCH IN WIDTH AND CONTRACTS WITH BACKGROUND COLOR. I. DRIVEWAY SHALL BE CONSTRUCTED TO ACCOMMODATE THE WEIGHTS AND TURNING RADUS OF EMERGENCY APPARATUS IN ADVERSE WEATHER CONDITION. J. COMBUSTIBLE MATERIALS SHALL BE THINNED FROM AROUND STRUCTURES SO AS TO PROVIDE A DEFENSIBLE SPACE IN THE EVENT OFA WILD LAND FIRE. LIENHOLDER CONSENT SUBORDINATION AND RELEASE AS TC) PUBLIC RIGHT-OF-WAY(S) (NO EXCEPTION NEEDED IN TITLE CERTIFICATE) AS THE BENEFICIARY UNDER DEED OF' TRUST GRANTED BY THE OWNERS UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN SUBDIVISION (EXEMPTION PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE SUBDIVISION /EXEMPTION] PLAT AND BY THIS CERTIFICATION HEREBY JOINS IN AND CONSENTS TO SAID SUBDIVISION (EXEMPTION] PLAT AND TO THE RECORDING THEREOF. BENEFICIARY AGREES THAT ANY FORECLOSURE OF SAID DEEDS) OF TRUST SHALL NOT ADVERSELY AFFECT THE EKIS;ENCE AND CONTINUED VALIDITY OF THE SUBDIVISION (EXEMPTION) PLAT, WHICH SHALL RUN WITH THE LAND AND REMAIN IN FULL FORCE AND EFFECT AS IF THIS WBDIVISION [EXEMPTION] PLAT HAD BEEN DPLIVERED AND RECORDED PRIOR TO THE RECORDING OF SAID DEED(S) OF TRUST. WITHOUT LIMITING THE OEN! R.ALITY OF THE FOREGOING, THE PUBLIC RIGHT-OF-WAY(S) DEPICTED ON THE SUBDIVISION (EXEMPTION] PLAT ARE DEDICATED BY THE OWNER(S) HEREON, TREE AND CLEAR OF ANY INTEREST IN THE BENEFICIARY. NOTWITHSTANDING SUCH CONSENT AND SUBORDINATION AND RELEASE AS TO PUBLIC RIGHT-C'-WAY(S), SAID REAL PROPERTY, OTHER THAN THE PUBLIC RIGHT-OF-WAY(S) DEDICATED HEREON, SHALL CONTINUE 70 BE ENCUMBERED BY THE DEED(S)OF TRUST UNLESS RELEASED IN ACCORDANCE WITH LAW. EXECUTED THIS DAY OF A.D. 2011. LIENHOLDER STATE OF COLORADO COUNTY OF GARFIELD )SS THE FOREGOING T.TFNHOLDER CONSENT, SUBORDINATION AND RELEASE AS TO PUBLIC RIGHTSOF-WAYS WAS ACKNOWLEDGED BEFORE ME THIS , A.D. 2011, BY MY COMMISSION EXPIRES: WITNESS MY HAND AND SEAL NOTARY PUBLIC DAY OF TITLE CERTIFICATE 1 , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPAY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, QNTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS DAY OF TITLE COMPANY: FIRST AMERICAN HERITAGE TITLE COMPANY AGENT A.D. 2011. CERTIFICATE OF TAKES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSES`✓IDNTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCFBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF ,A.D., 2011 TREASURER OF GARFIELD COUNTY COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMFNT'Y DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED EXEMPTION PLAT THIS _ DAY OF A.D. 2011, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO TIThCOUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR 111E FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SP=CALLYAGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY MAINTENANCE OF PUBLIC ROADST HIGHWAYDOR ANY OTHER PUBLIC DEDICATIONS SHOWN 1'�E�OrfN. THIS APPROVAL SHALL IN NO WAY OBLIGATE 1ELD COUNT YFOR THE CONSTRUCTION, REPAIR OR CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD, ATTEST: COUNTY CLERK Vicinity Map Scale: 1"=2000' SURVEYOR'S NOTES 1.) DATE OF THE FIELD SURVEY WAS MAY 27, 2008. 2.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N89°12'2"E BETWEEN THE SOUTHWEST CORNER OF GOVERNMENT LOT I I, A 3 1/4" GARFIELD COUNTY SURVEYORS ALUMINUM CAP IN PLACE AND THE SOUTHEAST CC.RNER OF GOVERNMENT WT II, A 3 1/4" GARFIELD COUNTY SURVEYORS BRASS CAP IN PLACE. 3.) THIS SURVEY IS BASED ON THE TITLE COMMITMENT PREPARED 3Y FIRST AMERICAN HERITAGE TITLE COMPANY COMMITMENT NO. 926-H0153237-2 05-EA3, AMENDMENT NO, A, DATED APRIL 27, 2007, SILLIVAN SUBDIVISION:XEhPTION, RECEPTION NO. 754357, DOCUMENTS OF RECORD AND MONUMENTS FOUND IN PLACE AS INDICATED HEREON. 4.) THE INTENT OF THIS PIAT IS TO ADJUST THE PARCEL LINE BETWEEI LOT 1 AND LOT 2 AND TO VACATE THE 10,00 FOOT WIDE FISHING ACCESS EASEMENT FOR THE BENEFIT OF LOT 4 AND CREATE A NEW 25' WIDE FISHING .CCESS EASEMENT FOR THE BENEFIT OF LOT 4 OF THE SILLIVAN SUBDIVISION EXEMPTION, RECEPTION NO. 754357, 5.) THE CENTERLINE OF THE COLORADO RIVER SHOWN HEREON WAZSTABLISHED BY USING A USGS QUAD MAP OF THE SITE AND CREATING THE CENTERLINE BASED ON THAT IMAGE. THE CENTERLINE OF THE COLORADO RIVER'. AN APPROXIMATE LOCATION. 6.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEG ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BAS) UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE 1, MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROIISIONA THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF SILLI V SW) SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AS THE SAME ARE STAKED UPON T. SUBDIVISION OF LAND. ID. OMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE OR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, MPTION, IST AMENDED, AS LAID OUT, PLATTED, DEDICATED AND OPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY IN WITNESS WHEREOF, 1 HAVE SET MY HAND AND SEAL T 1 4 &D4JF , A.D., 2011. PROFESSIONAL LAND SURVEYOR COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF , A.D., 2011. GARFIELD COUNTY SURVEYOR CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOT 1 A PARCEL OF LAND SITUATE IN GOVERNMENT LOTS 1,5, AND 11 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M, COUNTY OF GARFIELD, STATE OF' COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYORS BRASS CAP IN PLACE; THENCE N0022'25"W 1266.75 FEET TOA POINT ON THE EASTERLY LINE OF SAID GOVERNMENT LOT 11, THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE CENTERLINE OF COUNTY ROAD NO. 335 FOR THE FOLLOWING 4 COURSES: 1.) THENCE 52654'32"W 39.19 FEET' 2.) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 130.82 FEET, CHORD BEARS 821°33'18"W 130.63 FEET; 3.) THENCE S16°12'04"W 260.68 FEET; 4.) THENCE S21 °13'21 "W 124.63 FEET; THENCE DEPARTING SAID CENTERLINE N59"00'41 "W 389.79 FEET 70 THE CENTERLINE OF THE COLORADO RIVER; THENCE ALONG SAID CENTERLINE OF THE COLORADO RIVER THE FOLLOWING 7 COURSES: 1.) THENCE N26°597 0"E 271.19 FEET; 2.) THENCE N16°2579'E 466.03 FEET; 3.) THENCE NO3°I727"E 318.76 FEET; 4.) THENCE N00°09'45"E 732.48 FEET, 5.) THENCE NO3 °14'56"W 258.30 FEET; 6.) THENCE N05 39'48'E 649.85 FEET, 7.) THENCE N32 °36'01 'E 327.80 FEET TO A POINT ON THE EASTERLY LINE OF THE NEI / 4 OF SAID SECTION 4; THENCE S00 °21 '46'E ALONG SAID EASTERLY LINE A DISTANCE OF 2558.68 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 4, AN ALUMINUM CAP LS P10. 36572 IN PLACE; THENCE S00 2225"E ALONG THE EASTERLY LINE OF THE SE1/4 OF SAID SECTION 4 A DISTANCE OF 39.20 FEET TO THE POINTOFBEGINNING. SAID PARCEL OF LAND CONTAINING 17.320 ACRES, MORE OR LESS. LOT 2 A PARCEL OF LAND SITUATE IN GOVERNMENT LOT I I , SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N14 27'48"W 768.11 FEET TOA POINT ON THE CENTERLINE OF COUNTY ROAD 335, THE TRUE POINT OF BEGINNING; THENCE S21 °13'21 "W ALONG SAID CENTERLINE 159.82 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 222.83 FEET, CHORD BEARS 230°20'30"W 221.89 FEET; THENCE DEPARTING SAID CENTERLINE N52 °32'31 "W 428.26 FEET TO THE CENTERLINE OF THE COLORADO RIVER; THENCE ALONG SAID CENTERLINE N37°00'09"E 168.03 FEET; THENCE N2659'10"E CONTINUING ALONG SAID CENTERLINE A DISTANCE OF 164,41 FEET; THENCE DEPARTING SAID CENTERLINE S59°00'41"E 389.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 3.358 ACRES, MORE OR LESS. SUBJECT TO A STRIP OF LAND 30.00 FEET IN WIDTH FOR THE PURPOSE OF A WELL ACCESS AND MAINTENANCE EASEMENT SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N22 °4b 22"W 645.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE N67°2 6'17"W 148.15 FEET TO THE POINT OF TERMINUS; WHENCE THE SOUTHEAST CORNER OF SECTION 4, A STONE MONUMENT IN PLACE BEARS 212026'01 "5 2019.11 FEET. TOGETHER WITH A RIVER ACCESS EASEMENT ACCESS ACROSS LOT 3, SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYOR .BRASS CAP IN PLACE; THENCE N50 °24'33"W 540.24 FEET TOA POINT ON THE CENTERLINE OF COUNTY ROAD 335, THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID CENTERLINE N52 °32'31 "W 152.59 FEET; THENCE N37 2729"W 80.00 FEET; THENCE S52 °32'31 "E 160.00 FEET TOA POINT ON THE CENTERLINE OF COUNTY ROAD 335; THENCE ALONG SAID CENTERLINE ALONG THE ARC OFA CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 80.39 FEET, CHORD BEARS S42 °45'03"W 80.34 FEET TO THE POINT OF BEGINNING. SUBJECT TO A STRIP OF LAND 25.00 FEET IN WIDTH FOR THE PURPOSE OF A FISHING ACCESS EASEMENT SITUATE IN GOVERNMENT LOT 11 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING 12.5 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYORS BRASS CAP IN PLACE; THENCE Ni5 °01 '21 "W 757.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE N59°00'41 "W 391.07 FEET TO THE POINT OF TERMINUS, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 4, A STONE MONUMENT IN PLACE BEARS SI3 25'34 "E 2325.00 FEET. SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE WITH BOUNDARY LINES. LOT 4 A PARCEL OF LAND SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; WHENCE THE SOUTHEAST CORNER OF SAID SECTION 4 BEARS S00°21 '07'E 1328.19 FEET, A STONE MONUMENT IN PLACE; THENCE S89°1272117 ALONG THE SOUTHERLY LINE OF SAID GOVERNMENT LOT 12 A DISTANCE OF 977.30 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD 335; THENCE ALONG SAID CENTERLINE THE FOLLOWING 8 COURSES: THENCE N63'24'35'E 307.36 FEET; THENCE ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 174.66 FEET, CHORD BEARS N56°15'42"E 174.21 FEET; THENCE N49°06'49'E 150.07 FEET; THENCE ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 340.76 FEET, CHORD BEARS N35°10'05"E 337.40 FEET; THENCE N21 °13'2I "E 284.46 FEET;; THENCE NI 6 ° 12'04"E 260.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 130.82 FEET, CHORD BEARS N2103378"E 130.63 FEET; THENCE N26°54'32'E 39.17 FEET TO A POINT ON THE EASTERLY L1NE OF SAID GOVERNMENT LOT 11; THENCE 500°2225'E ALONG SAID EASTERLY LINE A DISTANCE OF 1266.75 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 8.983 ACRES, MORE OR LESS. SUBJECT TO A STRIP OF LAND 25.00 FEET IN WIDTH FOR THE PURPOSE OF A FISHING ACCESS EASEMENT ACROSS LOT 2, SITUATE IN GOVERNMENT LOT 11 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING 12.5 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYORS BRASS CAP IN PLACE; THENCE N25"01 21 "W 757.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE N59°00'41 "W 391.07 FEET TO THE POINT OF TERMINUS, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 4, A STONE MONUMENT 1N PLACE BEARS 513°25'34"E 2325.00 FEET. SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE WITH BOUNDARY LINES. ALSO TOGETHER WITH A STRIP OF LAND 30.00 FEET IN WIDTH FOR THE PURPOSE OFA WELL ACCESS AND MAINTENANCE EASEMENT SITUATE IN GOVERNMENT LOT 11, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH RM., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N22 46'22"W 645.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE N67°16'1 7"W 148.15 FEET TO THE POINT OF TERMINUS; WHENCE THE SOUTHEAST CORNER OF SECTION 4, A STONE MONUMENT IN PLACE BEARS 511°16'01'E 2019.11 FEET. CONTAINING 29.661 ACRES, MORE OR LESS, HAS (HAVE] BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF SILLIVAN SUBDIVISION EXEMPTION, 1ST AMENDED, AN EXEMPTION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACIIdTIES INCLUDING, BUT NOT LIMITED 70, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS _ DAY OF , A.D., 2011, DON SILLIVAN 1512 GRAND AVENUE # 115 GLENWOOD SPRINGS, CO 81601 STATE OF COLORADO ) : SS COUNTY OF GARFIELD THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF SILLIVAN. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK . ON THIS DAY OF A.D., 2011, AND IS DULY RECORDED AS RECEPTION NO. ATTEST: CLERK AND RECORDER BY: , A.D., 2011, BY DON FILE: 1ST AMD DFT. SRB CK. MJL DATE: 2/14/11 00 ti 10.0' Wide Fishing Access Easement to be vacated with this plat 25.0' Wide Fishing Access Easement for the Benefit of Lot 4 S9 Q. \ Area less than 40% Slope between the Top of Bank and the Centerline of Road (1 Contiguous Acre t) New Property line Property line to be Y adjusted with this plat 340' Witness Corner Set I/ /6' Witness I Comer Set/ Lot 2 3.358 Acres± -�r Area less than 40% Slope between the r-7/0,,, %.S6 Top of Bank and the Centerline of Road �� O (1 Contiguous Acre t)• \ ` 2.,, 4.• 1 4/ 4 / / �A / 5/ 30.0' J Well access and Maintenance Easement Benefit of lot 4 /0 119.25' Witness Corner ° River Access Easement for the Benefit of Lot 2 N fL�� 2 J \ DETAIL SCALE: 1"=50' D=18°14'19" R=700.00' L=222.83' CB -N 30°20'30" E CH =221.89' 01* ti P.O.B. Lot 2 l AEast I/4 Corner Section 4 n Aluminum Cap LS No. 36572 SILLIVAN SUBDIVISION EXEMPTION, 1 ST AMENDED 200 1 GRAPHIC SCALE 0 100 200 400 800 111 (INFEET) 1. inch = 200 ft. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 700.00' L5 65.60` 130.63' 821 °33'28"W IO°42'29" C2 70000' 222.83' 112.36' 221.89' N30°20'30'E 28°14'19" C3 700.00' 117.93' 59.10' 117.79' N44°17'14"E 9°39'09" C4 700.00' 174.66) 87.79' 174.21' N56015'42"E 14°1746" LINE TABLE LINE BEARING DISTANCE L I S26 °54 32"W 39.19 L2 N16 °12'04'E 260.68 L5 N49°0649'E 150.07 L6 N63 °24'35"E 307.36 LEGEND Qs Rebar and Cap LS No. 36572 SouthWest Corner Government Lot 11 A 3 1/4" Garfield County Surveyors Aluminum Cap in Place fi0 CP r'` Oe Cs° I 0 c° Approximate Centerline of the Cobrado River �1Z Cyt dip 0 O��Q ti,a t° 0� ry�\'4l U o�,0daa�0��' a°D01 �w . .0 cD 4 See Detail G, s73°' 2-3 yew oa 040 ;4 °N b co N N 0009'45" E I\ 1� j� f L 10.0' I Lot 1 17.320 Acres± Well (Typical) o8 L2 �O N/ V < SS 0. /41, 451.15:— 3 451.15, County Road No. 335 Lot 3 Vanda S Masse & Loe Elba Hurst 549 S. 2nd St. Carbondale, CO 81623 238' WC Well (Typical) 49' WC O 344.92' �_ P.O.B. Lot 3 ' x' 92' WC C4 0 LI D-27°53'28" R=700.00' L=340.76' CB -N 35°10'05" E CH=337.40' Cl Lot 4 8.983 Acres± N ¶„9i', IZ000 S Co O a „9i, I Zo00 S 201' WC NorthEast Corner Section 4 (200' Witness Corner) A 3 1/4" Garfield County Surveyors Brass Cap in Place e N89°11'00"E 200.00' Right -of -Way Easement Book 480, Page 641) North 1/ 16 Corner Between Section 4 & 3 An Aluminum Cap LS No. 36572 Sewage Treatment Lagoon Easement (Book 480, Page 641) Pipeline Easement (Book 480, Page 641) Co N 0 \ East 1/4 Corner Section 4 An Aluminum Cap LS No. 36572 S 00°22'25" E 39.20' Access Easement (Book 1766 Page 59) P.O.B. Lot 1 47' WC Access Easement (Book 1766 Page 59) 0 0 N c„ trl 109.6' co O L6 Fence S 89°12'12" W o e c o� o-�or 1322.22' Tie S 00°21'07" E �� 1328.19' fYence SouthEast Corner Government Lot 11 A 3 1/4" Garfield County Surveyors Brass Cap in Place P.O.B. Lot 4 .4;„----SouthEast Corner Section 4 A Stone Monument in Place DESCRIPTION z 0 1n 5 w 0 W 0 z" O z co- wE oa mD co �.. m z J CO FILE: 1ST AMD DFT. SRB CK. MJL DATE: 2/14/11 PROJECT NO. 07138-01 SHEET 2 OF 2