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Home My WebLink About1.0 Application-- GARFIELD 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 fc-U- 5 0 to2J2 O MINOR [2 LOT] EXEMPTION O MAJOR [4 LOT] EXEMPTION FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) , . • , „ r Name of Property Owner: r Mailing Address: • City: *. E-mail address: 1Cci Telephone: ( State: Zip Code. FAX: ( ) r Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): r Mailing Address: City: Telephone: (, , ) State: Zip Code: z ; _ Cell: ( ) ✓ E-mail address: FAX: ( ) r Street Address / General Location of Property: ✓ Assessor's Parcel Number: ,:;"4 r Size of Property (in acres) as of January 1, 1973: r Current Size of Property to be Subdivided (in acres): r Number of Tracts / Lots Created Including remainder of Parent Property: ✓ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: , : containing - - acres o Lot #: containing - ' acres o Lot #: 1 containing s, , acres o Lot #: containing acres o Lot #: contain:ng acres • Property's Zone District: Last Revised 12/12/08 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 (4) 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) Tots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. 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 have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of Property Owner) ,�Date 7 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows: OWNER has submitted to COUNTY an application for (hereinafter, THE PROJECT). 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) Signa re nikork Fqz-tet/i Print Name Mailing Address: Date 51 6 A-11)2470_4iDGI C',2�Czl� , cc Page 4 February 10, 2010 Kathy Eastley, Senior Planner Garfield County Building and Planning 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 RE: Snobble Amended Exemption Dear Kathy: This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit an application to amend the Snobble Exemption, which was approved by the adoption of Resolution NO. 81-298 by the Garfield County BOCC. The Exemption is made up of three lots and the general address is 5970 CR 109. My husband, Jim Bazley and I own Tract B. My mother, Barbara Snobble, owns Tracts A and C. This letter also authorizes Mark Chain to represent the owners during any discussion in the land use and administrative review process. Sincerely, Conne Marra Bailey i,tmes J. Bazl y SNOBBLE EXEMPTION AMENDMENT PROJECT LOCATION The Snobble Exemption is located along CR 109 at 5970 and 5966 CR 109 in Garfield County. The exemption is composed of 3 lots or tracts and was 9.43 acres in size at the time of Exemption Approval in 1981. The subject property is located on the east and north sides of CR 109 and lies immediately adjacent (east) to the Midland Point Subdivision. REASON FOR REQUEST OF EXEMPTION AMENDMENT The reason for the exemption request is three fold. First, the original exemption had questionable access, with al three Tots coming to a single point along CR 109. The proposed legal descriptions for the tracts resolve this access issue. Second, the family members wish to adjust the lot lines in order to accommodate wishes of the family members. Specifically, some of the lot area for Tract 2 along the riverfront is used by the original owner of the property and it includes a memorial site for the husband/father, and the family wishes that site to be on the same tract as the original family house (Tract 1). Third, family members wish to realign the tracts/lots as proposed, and they wish to do it now while Ms. Barbara Snobble is still in reasonable health. RELEVANT BACKGROUND AND HISTORY Jack (John) and Barbara Snobble submitted an application for an Exemption from the terms "subdivision" and "subdivided land" for a 9.43 acre tract in 1981. That application was approved by virtue of adoption of Resolution No. 81-298 and the resolution was recorded on October 7, 1981 at Reception No. 320026. No plat was recorded with the Exemption documents. Tracts (AKA lots) were established set by legal description. A copy of the resolution is attached (Exhibit A). One house existed at the time of the original exemption application. This house was located on Tract A. This house has an associated well and ISDS. A single- family residence was built on Tract B on or about 1996. That home has a well (shown on plat) and ISDS located on Tract B. Tract C is vacant, though a well has been provided for future use. The next action related to the property involved the reconstruction and realignment of County Road 109 in the late 1990's. The Garfield County BOCC adopted resolution no. 99-051 on May 11, 1951 which vacated a portion of public road right-of-way and accepted an easement deed as new public road Snobble Exemption Amendment Page 1 of 4 March 2010 right-of-way from James and Connie Bazley ( Recorded at Reception No. 545312). A related easement deed was recorded at Reception No. 545313. Finally, a Snobble Lot line Adjustment Plat was recorded at Reception No. 659044 on August 31, 2004. The purpose of this amended plat was to adjust the lot lines per wishes of the family as noted above. However, this plat was not reviewed nor approved by the County prior to the recordation and the required Affidavit was not included on the plat. We therefore look at this plat as invalid not affecting the original Exemption. APPLICATION MATERIALS The appropriate application materials have been submitted. Below is a quick summary and comment if appropriate: 1. Application materials and fees. Included with application. 2. Vicinity Map. A vicinity map is included on the Exemption Plat. 3. Site Plan. The Exemption Plat effectively functions as a Site Plan. It includes building footprint, location of wells, overhead utility lines, and other relevant features such as a pond, etc. 4. Names and mailing addresses of owners of record within 200 feet of subject property. A search of the Garfield County records was made to establish whether there was an active record of a mineral rights owner for the subject property. Their appears to be a mineral rights owner of record for land on the other side of the Crystal River (surface property is now Colorado Rocky Mountain School). As land ownership patterns have changed substantially over the decades and we are unsure if subsequent sales were properly tracked, we are including this mineral rights owner with the names and addresses of property owners within 200 feet of the subject property. CRITERIA FOR AMENDED EXEMPTION PLAT The criteria for submission of an Amended Exemption Plat are contained in Section 5-306 of the Garfield County Unified Land Use Resolution. We will address these criteria on a point by point basis. • The Amendment does not increase the number of Exemption Lots. Response: The application does not increase the number of lots. Three lots were approved and three are proposed on the new plat. The sole reason for the Snobble Exemption Amendment Page 2 of 4 March 2010 application is to change the lot line boundaries and the sizes of the lots themselves. • The amendment does not result in a major relocation of a road or add one or more new roads. Response: No new road(s) is being created. • The amendment is sought to correct technical errors such as surveying or drafting errors. Response: NA Miscellaneous Please note that a plat has been placed on the draft Exemption Plat which vacates the plat for the property that was recorded in 2004. There is an over head utility line on Tract B that comes off of a utility pole located on Tract A. An appropriate easement will be placed on the plat. SUMMARY The Snobble Exemption was approved by the Garfield BOCC in 1981 and met the land use code requirements in place at that time. Family members still own al of the parcels. The application for a Final exemption Plat Amendment meets the first two criteria of Section 5-306 and we therefore request that the amended plat be approved using the Administrative Review Process as outlined in Section 4-104 of the Garfield County Unified Land Use Resolution Snobble Exemption Amendment March 2010 Page 3 of 4 EXHIBITS A. Copy of Resolution No. 81-298 (approving Snobble Exemption), with tract legal descriptions. B. Title Commitment (effective January 24, 2010). C. Copy of Resolution No. 99-051 (concerned with vacating a portion of County Road 109 and acceptance of easement deed from James and Connie Bazley). D. Copy of deed from Snobble to Bazley. E. List of Property Owners within 200 feet and mineral rights owner of subject property. F. Copy of Pre -Application Conference Summary Also Attached: Draft Snobble Exemption Plat Snobble Exemption Amendment Page 4 of 4 March 2010 ATTACHMENT A 1311 n ,t 1 )1,i/. ,..'„:1,2.,i, __._ _____. 1 1 _.,e A r,1, !f,'- ,j �C a111%,4440rt Rett�ation N.o, t�,a,T ri.11•ur'.c%.� i.i.;�G°;%2f, RECORDER li 1 .J t meeting of IhO Poer,1 of County Comemssiuners for Qarfaeld County• C,_i1,Sayd .. 1111,. the.........,.l.h�.. clnda':,..., V8 I ,15C it... _ kidt. . _. . ,:s tl..:n:r : ; C�lwuw„u,i SPnn,ly on. .n p. ,v d1. Cher®ware present: [..a r ry 1 tel Commislion” Chair r,nn V t3Vhtn J. CCr L:IC , Commissioner [' it en0 "Jim" DL Ltiiaiouse , Cocan>ia:cioner Steven J. Zwick, Assistant County Attorney Cheryl J. Koss, Deputy Clerk of the Board when the tollowmq proceedings, among others were had and done, to -wit: RESOLUTION NO. 31-298 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATLONS FOR JOHN AND BARBARA SNOBBLE. WI[EREAC John & Barbara Snohble have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition ofSthtamended, ms "subnd ivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (L0) (a) -(d), Subdivision Rognlations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02 31 (d) and 3.02.01 for the division of 9.43 acre tract described as follows: ce That parcel of land as described in Document No. 243902 as filed `inmtthe elOffice,of.the h, Clerk and Recorder of Garfield County, Colorado e'ind tov3dtracts ctscof approxi tpely 2.00, 3 and 3.55 acres each, more or less, which prop described as follows: Tract A: A tract of land situated in Lots 11 and 14 of Section 26, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying south- westerly of the centerline of the Crystal River tandClyinganortheasterly ofrCounty arly Road No. 109 as constructed and in place, described as follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the section corner 3ommon to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet: thence N 73°06'27" E 504.53 feet to the centerline of the Crystal River; thence S 30°00'00" E 177.00 feet along the centerline of said Crystal River; thencedSC68°01'23"W 4No.37.03 039; feet to a point in the northeasterly right-of-way Ince of thence N 31°49'48" W 170.74 feet along the northeasterly right-of-way of said County Road No. 109; thenceN 91the°' Oof beginning, containinga2.001acreshmore oryless. saidof County Road No.. 10 109 to the point Tract B: A tract of land situated in Lot 11 of Section l23, Township 7o South, Ralgeo88 West of. the 6th 'Principal Meridian, Garfield County, the centerline of the Crystal River and being more particularly described as follows: Beginning at a point In the northcaaterly right-of-way fence oftCointy y Roadd 2Nu 3109aas as clnfttructed and in place whence the Section Corner common to 33, Township 7 South, Range 88 West of the 6th Principal Meridian hears S 60°16'20" W 805.61 Feet; thence N 10°00'00"E 701.21 fact to the centerline of said Crystal River; t,cnce S 48"40'22" E 142.12 feet along the centerline of said Crystal River: thence S 28'30'00"E 185.00 feet along the centerline of said Crystal River; thence S 30°00'00" E 132.00 feet alone the centerttne Crystag l mare r; thence S 73°06'27" W 504.53 f,'r't to the paint of beginning, Tract C.: A tract of land situated in Lot 11 of Section 28. Township 7 South, Range "8 West <'f the 6th Princinal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and lying northeasterly of the northeasterly ri3O t- o - ly line of County Road No. 109 as constructed and in place, said tract of i'nd nire particularl„ described as follows: Beginning at a point In the northeasterly right-or-way 32 and 33, -way fence ar said idsCiP Cou7 nty Roth, ,';` vh:�n,�. the Section Corner common to Sections 28, -9. , 805.61 feet; then,Wan,P i 13:.. ft of the 6th Meridian hears S 60'16 20" Wn l ). o. 0 20.00 teat along the northeasterly right-of-way line of said Count,: 19: thence N i8"24 ")2" W 114.49 feet along the northeasterly rl r ht-of-wav line of Count:`. Road No. 109 to a point in a fence as constructed and In place: thence 00-14'21" 1: 41.06 feet along said fence to the centerlinc f'f the Crystal River: .,,,'.5''0' 2J" F 324.90 foet along the centerline of said Crystal River: tl, pce 10-0W00" .. 701.21 l:•ct to the point of beginning, containing 1.55 acro,; m„rec '.r (.a the titan„ of Colorado and County of Garfield); and r tr STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs In Monday the �, day of October A. D.19.. , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Steven J. Zwick, Assistant County Attorney Cheryl J. Koss, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: Commissioner Chairman Commissioner Commissioner ` RESOLUTION NO. 81-298 4 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION .EGULATIONS FOR JOHN AND BARBARA SNOBBLE. WHEREAS, John & Barbara Snobble have petitioned the Board of County Commissioners of arfield County, Colorado, for an exemption from the definition of the terms "subdivision" 'nd "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the ibdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections .02.21 (d) and 3.02.01 for the division of 9.43 acre tract described as follows: That parcel.of land as described in Document No. 243902 as filed in the Office of the :lerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 2.00, 3.88, id 3.55 acres each, more or less, which proposed divided tracts are more particularly lfescribed as follows: Tract A: A tract of land situated in Lots 11 and 14 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying south- westerly of the centerline of the Crystal River and lying northeasterly of County Road No. 109 as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the section corner common to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet: thence N 73°06'27" E 504.53 feet to the centerline of the Crystal River; thence S 30°00'00" E 177.00 feet along the centerline of said Crystal River; thence S 68°01'23"W 437.03 feet to a point in the northeasterly right-of-way fence of said County Road No. 109; thence N 31°49'48" W 170.74 feet along the northeasterly right-of-way of said County Road No. 109; thence N 71°40'04" W 80.00 feet along the northeasterly right-of-way of said County Road No. 109 to the point of beginning, containing 2.00 acres more or less. Tract B: A tract of land situated in Lot 11 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and being more particularly described as follows: Beginning at a point inthe northeasterly right-of-way fence of County Road No. 109 as constructed and in place whence the Section Corner common to Sections 28, 29, 32, and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 10°00'00"E 701.21 feet to the centerline of said Crystal River; thence S 48°40'22" E 142.12 feet along the centerline of said Crystal River; thence S 28°30'00"E 185.00 feet along the centerline of said Crystal River; thence S 30°00'00" E 332.00 feet along the centerline of said Crystal River; thence S 73°06'27" W 504.53 feet to the point of beginning, containing 3.88 acres more or less. Tract C: A tract of land situated in Lot 11 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and lying northeasterly of the northeasterly right- of-way line of County Road No. 109 as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the Section Corner common to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 71°40'04" W 20.00 feet along the northeasterly right-of-way line of said County Road No 109; thence N 58°24'J2"ry1,=..-.9 ai ng tido northcasterly right -of line of said County Road No. 109 to a point in a fence as constructed and in place; thence N 00°34'23" E 831.06 feet along said fence to the centerline of the Crystal River; thence S 48°40'22" E 328.90 feet along the centerline of said Crystal River; thence S 10°00'00" W 701.21 feet to the point of beginning, containing 3.55 acres more or less, (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact cry=ttcd does not warrant further subdivision review, and WHEREAS, the Petitioners have demonstrated Lo =-h` satisfaction of the Board of County Commissioners of Garfield County, Colorado, that -there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 9.43 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, L -hat this exemption is granted on the condition and with the express understanding and agree- nent of the Petitioners that no further exemptions be allowed on said tracts "A", "B", and 'C", and that a COpY of the instrument or instrumertis of conveyance when re aeashall be Filed with this Resolution. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO � I BY: Chaitni34t TEST: putt' Clerkrf the rd Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye STATE OF COLORADO County of Garfield Eugene "Jim" Drinkhouse ss Aye Commissioners '1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for tee County and State aforesaid do hereby certify that une annexed and foregoing Order is truly copied trom the ttecords of the Proceedings of the Board of County Commissioners for said Garfield County. now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. p. O..f7:3:2", Legal Description Lot 1: A tract of land situated in Lots 11 and 14 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of. the Crystal River and lying northeasterly of County Road No. 109 as constructed and in place, said tract of land being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the section corner common to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 73°06°27" E 504.53 feet to the centerline of the Crystal River; thence S 30°00'00" E 177.00 feet along the centerline of said Crystal River; thence S 68°01' 23" W 437.03 feet to a point in the northeasterly right-of-way fence of said County Road No. 109; thence N 31°49'48" W 170.74 feet along the northeasterly right-of-way of said County Road No. 109; thence N 71°40' 04" W 80.00 feet along the northeasterly right-of-way of said County Road No. 109 to the point of beginning, containing 2.00 acres more or less. 31 August 1981 if74r r 1,4 vi P. «s',,.�` .., •, �: c'. a (; ; :, U Legal Description Lot 2: A tract of land situated in Lot 11f Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and being more par- ticularly described as follows: Beginning at a point in the northeasterly right-of-way fence of County Road No. 109 as constructed and in place whence the Section Corner com- mon to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 10° 00'00" E 701.21 feet to the centerline of said Crystal River; thence S 48°40'22" E 142.12 feet along the centerline of said Crystal River; thence S 28°30'00" E 185.00 feet along the centerline of said Crystal River; thence S 30°00'00" E 332.00 feet along the centerline of said Crystal River; thence S 73°o6'27" W 504.53 feet to the point of begin- ning, containing 3.88 acres more or less. 31 August 1981 Legal Description Lot 3: A tract of land situated in Lot 11 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and lying northeasterly of the northeasterly right-of-way line of County Road No. 109 as constructed and in place, said tract of land being more particu- larly des:crlbed as -follows: Beginning at a point in the northeasterly right-of-way fence of said County Road No. 109 whence the Section Corner common to Sections 28, 29, 32 and 33, Township 7 South, Range 88 West of the 60 Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 71°40'04" W 20.00 feet along the northeasterly right-of-way line of said County Road No. 109; thence N 58°24'32" W 134.49 feet along the northeasterly right- of-way line of said County Road No. 109 to a point in a fence as con- structed and in place; thence N 00°34'23" E 831.06 feet along said fence to the centerline of the Crystal River; thence S 48°40'22" E 328.90 feet along the centerline of said Crystal River; thence 10° 00'00" W 701.21 feet to the point of beginning, containing 3.55 acres more or less. 5 August 1981 ATTACHMENT B ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart -title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Roaring Fork Division 60 South 8th Street Unit 101 Carbondale, CO 81623 Ph: (970)-704-1000 Fax: (970)-704-0205 E -Mail: cdom@stewart.com stewart title guaranty company f (IAa>r / Senior Chairman of the Board Chairman of the Board President Order Number: 924172 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 24, 2010, at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: To Be Determined (b) A.L.T.A. Loan Order Number: 924172 Amount of Insurance $ TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Barbara M. Snobble (as to Tracts A and C); and James Jeffrey Bazley and Conne Mara Bazley (as to Tract B) 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 5970 109 County Road Carbondale, Colorado 81623 Order Number: 924172 ALTA Commitment (6/17/06) — Schedule A Title Officer: Page 1 of 3 Statement of Charges: These charges are due and payable before a Policy can be issued: Search Fee $150.00 stewart title guaranty company SCHEDULE A LEGAL DESCRIPTION A Tract of land situated in Lots 11 and 14 of Section 28, Township 7 South, Range 88 West of the Sixth Principal Meridian, lying Southwesterly of the Centerline of the Crystal River and lying Northeasterly of County Road No. 109 as constructed and in place, said tract of land being more particularly described as follows: Beginning at Point in the Northeasterly Right of Way fence of said County Road No. 109; Whence the Section Comer Common to Sections 28, 29, 32, and 33, Township 7 South, Range 88 West of the Sixth Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 73°06'27" E 504.53 feet to the Centerline of the Crystal River; thence S 30°00'00" E 177.00 feet along the Centerline of the Crystal River; thence S 68°01'23" W 437.03 feet to a point in the Northeasterly Right of Way fence of said County Road No. 109; thence N 31°49'48" W 170.74 feet along the Northeasterly Right of Way fence of said County Road No. 109; thence N 71°40'04" W 80.00 feet along the Northeasterly Right of Way fence of said County Road No. 109 TO THE POINT OF BEGINNING. Also known as Tract A, Snobble Subdivision Exemption A tract of land situated in Lot 11 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of County Road No. 109 as constructed and in place whence the Section Comer common to Sections 28, 29, 32, and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 10°00'00" E 701.21 feet to the centerline of said Crystal River; thence S 48°4022" E 142.12 feet along the centerline of said Crystal River; thence S 28°30'00" E 185.00 feet along the centerline of said Crystal River; thence S 30°00'00" E 332.00 feet along the centerline of said Crystal River; thence S 73°06'27" W 504.53 feet to the point of beginning. And that part of County Road No. 109 vacated by Resolution No. 99-051 recorded May 11, 1999 in Book 1128 at Page 938 as Reception No. 545312. Also known as Tract B, Snobble Subdivision Exemption A Tract of land situated in Lots 11 and 14 of Section 28, Township 7 South, Range 88 West of the Sixth Principal Meridian, lying Southwesterly of the Centerline of the Crystal River and lying Northeasterly of County Road No. 109 as constructed and in place, said tract of land Order Number: 924172 ALTA Commitment (6/17/06) — Schedule A Title Officer: Page 2 of 3 stewart .title guaranty company being more particularly described as follows: Beginning at a point in the Northeasterly right of way fence of County Road 109 whence the Section Corner Common to Sections 28, 29, 32, and 33, Township 7 South, Range 88 West bears S 60°16'20" W 805.61 feet; thence N 71°40'04" W 20.00 feet along the Northeasterly right of way line of County Road 109; thence N 58°24'32" W 134.49 feet along the Northeasterly right of way line of county Road 109 to a point in a fence as constructed and in place; thence North 00°34'23" E 831.06 feet along the fence to the Centerline of the Crystal River; thence S 48°40'22" East 328.90 feet along the Centerline of the Crystal River; thence S 10°00'00" West 701.21 feet to the Point of Beginning. Also known as Tract C, Snobble Subdivision Exemption All in the County of Garfield, State of Colorado. Order Number: 924172 ALTA Commitment (6/17/06) — Schedule A Title Officer: Page 3 of 3 stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 924172 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. For Informational Purposes Only -Policy or Policies will NOT be issued. Order Number: 924172 ALTA Commitment (6/17/06) — Schedule B 1 Page 1 of 1 Stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 924172 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded November 6, 1893 in Book 12 at Page 252 as Reception No. 16486 and recorded April 5, 1892 in Book 12 at Page 128 as Reception No. 13749. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 6,1893 in Book 12 at Page 252 as Reception No. 16486 and recorded April 5, 1892 in Book 12 at Page 128 as Reception No. 13749. 11. Matters disclosed on Right of Way Map recorded September 5, 1936 as Reception No. 125072. Order Number: 924172 ALTA Commitment (6/17/06) — Schedule B 2 Page 1 of 3 L stewart —title guaranty company 12. Matters disclosed on Right of Way Map recorded September 5, 1936 as Reception No. 125073. 13. Matters disclosed in Warranty Deed recorded February 28, 1948 in Book 234 at Page 330 as Reception No. 163910, and any and all assignments of record, or otherwise, thereof, or interests therein. 14. Oil and Gas Lease recorded February 8, 1951 in Book 256 at Page 498 as Reception No. 175039. 15. Right of Way recorded May 4, 1962 in Book 3 at Page 126 as Reception No. 217444. 16. Map and statement recorded July 26, 1950 as Reception No. 172916. 17. Decree recorded September 26, 1892 in Book 28 at Page 176 as Reception No. 14597. 18. Master Deed recorded May 25, 1893 in Book 25 at Page 579 as Reception No. 15843. 19. Agreement recorded November 10, 1902 in Book 51 at Page 278 as Reception No. 27189. 20. Matters disclosed in Special Warranty Deed recorded February 21, 1969 in Book 399 at Page 429 as Reception No. 242751. 21. Resolution No. 81-298 recorded October 7, 1981 in Book 582 at Page 947 as Reception No. 320026. 22. Right-of-way Easement recorded June 4, 1985 in Book 669 at Page 903 as Reception No. 362231. 23. Right of Way Easement recorded October 18, 1989 in Book 765 at Page 156 as Reception No. 406623. 24. Resolution No. 99-050 recorded May 11, 1999 in Book 1128 at Page 925 as Reception No. 545310. 25. Matters disclosed in Resolution No. 99-051 recorded May 11, 1999 in Book 1128 at Page 938 as Reception No. 545312. 26. Matters disclosed in Easement Deed recorded May 11, 1999 in Book 1128 at Page 947 as Reception No. 545313. 27. Matters disclosed on Snobble Lot Line Adjustment Plat recorded as August 31, 2004 as Reception No. 659004. 28. 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 Crystal River lying Order Number: 924172 ALTA Commitment (6/17/06) — Schedule B 2 Page 2 of 3 stewart title guaranty company within the 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 the purposes of describing or locating subject lands. 29. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or bank of a navigable river or lake, or lies below the mean high water mark thereof; (b) the boundary of the land has been affected by a change in the course or water level of a navigable river or lake; (c) the land is subject to water rights, claims or title to water and to any law or governmental regulation pertaining to wetlands; (d) the public's rights to use the waters. 30. Deed of Trust from Barbara M. Snobble to the Public Trustee of Garfield County, for the use of Liberty Home Loans, Inc. to secure $60,000.00, dated January 29, 2003, recorded February 04, 2003, in Book 1433 at Page 722 as Reception No. 620113. NOTE: The beneficial interest under said Deed of Trust was assigned of record to RBMG, INC. by instrument recorded February 04, 2003, in Book 1433 at Page 732 as Reception No. 620114. (as to Tract A) 31. Deed of Trust from James Jeffrey Bazley and Conne Mara Bazley to the Public Trustee of Garfield County, for the use of Liberty Home Loans, Inc. to secure $436,000.00, dated June 8, 20,( recorded June 15, 2005, in Book 1697 at Page 348 as Reception No. 676258.(as to Tr ct B) 32. Deed of Trust from Jeffrey Bazley and Conne Mara Bazley to the Public Trustee of Garfield County, for the use of Liberty Home Loans, Inc. to secure $109,000.00, dated June 8, 2Q0-5, recorded June 15, 2005, in Book 1697 at Page 366 as Reception No. 676259.(as to Tract B) Order Number: 924172 ALTA Commitment (6/17/06) — Schedule B 2 Page 3 of 3 stewart title guaranty company ATTACHMENT C 1 Hi! 111111 111111 1111 1111 III 1111! 1111 111! 545312 05/11/1999 02:53P 81128 P938 M ALSDORF 1 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ss. COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday the 10th day of May , A.D., 1999, there were present: Larry McCown Walt Stowe John Martin Ed Green Don K. DeFord Mildred Alsdorf , Commissioner , Commissioner , Commissioner Chairman , County Administrator , County Attorney , Clerk to the Board when the following proceedings, among others were had and done, to - wit: RESOLUTION NO. 99- 051 A RESOLUTION CONCERNED WITH VACATING A PORTION OF PUBLIC ROAD RIGHT-OF-WAY OTHERWISE KNOWN AS A PORTION OF COUNTY ROAD 109 AND ACCEPTANCE OF EASEMENT DEED AS NEW PUBLIC ROAD RIGHT-OF-WAY FROM JAMES JEFFREY BAZLEY AND CONNIE MARA BAZLEY WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act; and WHEREAS, the Board of County Commissioners desire to vacate 'a portion of a dedicated public road right-of-way, as such lies within the property of the affected party as set forth below; and WHEREAS, the public road right-of-way as set forth below is no longer needed as a public road right-of-way; and WHEREAS, the Board of County Commissioners is entitled to vacate a public road right-of-way by resolution pursuant to the provisions of Section 43-2-303(1)(b), C.R.S., as amended; and WHEREAS, to the extent necessary a duly noticed public meeting was conducted by the Board of County Commissioners concerning the 11111111111111111111111111111111111111111111111111111 545312 05/11/1999 02:53P B1128 P939 M ALSDORF 2 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO need and appropriateness of vacating said public road right-of-way under the provisions of Section 43-2-303(2) (b) , C.R.S., as amended; and WHEREAS, the purpose of this proceeding is to vacate that portion of the dedicated road right-of-way to County Road 109 which is no l"ongericqulr'`o u for road purposes. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, is entitled to accept right-of-ways properly dedicated to the public, for use by the public, and on behalf of the public, pursuant to the provisions of Section 43=2-201 (1) (a) , C.R.S., as amended; and NOW, THEREFORE, BE IT RESOLVED By' the Board of County Commissioners of Garfield County, as follows: 1. That the public meeting leading to vacation of this roadway was the subject of necessary notice to landowners adjacent to the roadway, to the extent such notice was required by the provisions of Section 43-2-3O3(2)(b), C.R.S., as amended. 2. That a public meeting was conducted at which testimony and evidence was presented concerning the vacation of portions of the subject road. No testimony or evidence was presented objecting to said vacation. Exhibits were presented supporting the finding of proper notice, if needed, and all interested parties were given an opportunity to attend, testify and present evidence. 3. That portion of the public road right-of-way of County Road 109 no longer needed for road purposes and described in Exhibit A attached hereto, should be and hereby is vacated. 4. That pursuant to the foregoing vacation, title to such property shall vest in the adjoining property owner(s), JAMES JEFFREY BAZLEY AND CONNIE MARA BAZLEY. 5. The foregoing vacation does not leave any property adjoining said public road right-of-way without an established public road connecting said land with another established public road. Page 2 of 4 1111111 111111 111111 111111 1111 1111 11111 1111E1 545312 05/11/1999 02:53P B1128 P940 M ALSDORF 3 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO 6. This vacation does not leave any public land without access to a public road. 7. That this vacation is in the best interest and for the health, safety and welfare of the general public. 8. The Board of County Commissioners hereby accepts as the new public road right-of-way the property JEFFREY BAZLEY AND CONNIE MARA BAZLEY, through the dEasemennt Deeds attached hereto as Exhibit B. The acceptance by this Resolution is limited to the descriptions contained therein. DATED this 11th day of May ATTEST: -- so ///4.' a/I , / Cl-rk to the Board BOARD OF OF GARFI By Upon moti-on duly made and se was adopted 1:) -the following vote: Walt Stowe .Lary McCown John Martin STATE OF COLORADO COUNTY OF GARFIELD , 1999. •AUNTY COMMISSIONERS SCOUNTY, COLORADO foregoi Commissioners ss. Aye Aye Aye Resolution I, Mildred Alsdorf, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. Page 3 of 4 1 X11111111111111111111111111111111111111111111111111111 545312 05/11/1999 02:53P 81128 P941 M ALSDORF 4 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at, Glenwood Springs, this A.D. 1999. day of County Clerk and ex -officio Clerk of the Board of County Commissioners Page 4 of 4 1111111 11111 IFIII1111111111111111111111111111111111111 545312 05/11/1999 02:53P 81128 P942 M RLSDORF 5 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO GARFIELD COUNTY SURVEYOR'S OFFICE GARFIELD COUNTY ROAD NO. 109 ROAD RIGHT OF WAY VACATION COUNTY PARCEL # 2393-283-00-019 A TRACT OF LAND BEING SITUATED IN THE SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 989 AT PAGE 082 OF THE RECORDS OF SAID COUNTY, SAID ROAD RIGHT OF WAY TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS AS RECITED IN THIS DESCRIPTION ARE BASED UPON THE WEST LINE OF THE SWI/4 OF SAID SECTION 28 AS BEARING N 00"49'07" E. MONUMENTATION FOUND AT THE SOUTHWEST CORNER OF SAID SECTION 28 IS A BRASS CAP MONUMENT P.L.S. #7734 AND AT THE WEST 1/4 CORNER OF SAID SECTION 28 IS A BLM STANDARD MONUMENT WITH AN ALUMINUM CAP. BEARINGS AS RECITED IN BOOK 994 AT PAGE 607 HAVE BEEN ROTATED 00'29'21" CLOCKWISE TO CONFORM WITH THE BASIS OF BEARINGS FOR THIS SURVEY.) BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 60'06'01" W 813.45 FEET; THENCE N.10'29'21"E. 21.74 FEET; THENCE 5.65'38'48"E. 46.37 FEET; THENCE S.73'35'48"W. 35.49 FEET; THENCE N.57'25'29"W. 14.42 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 682 SQ.FT. OR 0.02 ACRES. EXHIBIT A TO RESOLUTION - BAZLEY County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-9158 Samuel Phelps Garfield County Surveyor Private Office 1001 Grand Avenue, Ste. 205 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 Eta 11111111E111111111111111111111111111111111111 1111 1111 545312 05/11/1999 02:53P 81128 P943 M ALSDORF 6 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO EASEMENT DEED THIS EASEMENT is granted this /D day of 1999, between JAMES JEFFREY BAZLEY AND CONNIE MARA BAZLEY, husband and wife, whose legal address is 5966 County Road 109, Carbondale, CO 81623, hereinafter called Grantor, and THE BOARD OF COMMISSIONERS OF GARFIELD COUNTY, COLORADO, whose legal address 109 8" Street, Suite 300, Glenwood Springs, Colorado 81601, hereinafter called Grantee, and its successors and assigns. WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) paid to the Grantor by the Grantee, and other good and valuable consideration, the receipt P and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to Grantee and its successors and assigns, a permanent easement for the purposes of a county road and public right of way. Said easement, lying and being located in the County of Garfield, State of Colorado, and described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A This easement is, and shall be perpetual, without expiration and non-exclusive, with the Grantor reserving or retaining no JAMES JEFFREY BAZLEY AND CONNIE MARA BAZLEY Easement Page 1 of 3 1111111 III! ILII 1111111 III 545312 05/11/1999 02:53P 81128 P944 71 11111111SR 7 of 9 R 0.00 D 0.00 GARFIELD COUNTY COOF rights in the easement other than those enjoyed by the public is at large. Grantor agrees that all facilities installed and constructed by Grantee within the easement shall remain the property of the Grantee and shall be removable at the option of the Grantee. In the event that this easement is vacated by the Grantee, the easement granted herein shall revert to the Grantor, its heirs, successors and assigns. The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of the Grantee. It is further agreed that neither the extent or use of the easement granted herein shall be expanded or enlarged without a specific grant from Grantor for such expansion or enlargement. TO HAVE AND TO HOLD, said permanent easement, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and year first above written. CONNIE MA••9;AZLEY JAMES JEFFREY BAZLEY AND CONNIE MARA BAZLEY Easement Page 2 of 3 1111111111111111111111111111111111111111111111111111111 545312 05/11/1999 02:53P 81128 P945 M ALSDORF 8 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO ACKNOWLEDGMENT STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 3 day of , 1999 by JAMES JEFFREY BAZLEY. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: ) 2- 2_i- Ol �'' : kj STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Notary Public U (ZU 11 33 %vre(o.-1 2-2 8/6 Address of Not y The foregoing instrument was acknowledged before me this 3 day ofr , 1999 by CONNIE MARA BAZLEY. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: St5(a-- Notary Public I 2 o , 1 3 3 C1.% vc.R,�-e ce Address of Not ry JAMES JEFFREY BAZLEY AND CONNIE MARA BAZLEY Easement Page 3 of 3 11111111111111111111111111111111111111 111 111111111111I 545312 05/11/1999 02:53P B1128 P946 M ALSDGRF 9 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO GARFIELD COUNTY SURVEYOR'S OFFICE RIGHT OF WAY DESCRIPTION GARFIELD COUNTY ROAD NO.109 GARFIELD COUNTY PARCEL NO. 2393-283-00-019 A TRACT OF SOUTH7 , LAND SITUATED IN THE SW1/4 OF SECTION 28, RANGE 88 WEST OF THE 6TH P.M., TOWNSHIP F COLORADO, AND BEING A PORTION OF THAT COUNTY OF GARFIELD, DOCUMENT RECORDED IN BOOK 989 AT PAGE'082 OF THE RECORDSSTATE OF SAID TRACT OF LAND BEING MORE PARTICULARLY OF LAND AS DESCRIBED N OF SAID COUNTY CULARLY DESCRIBED AS FOLLOWS: (BEARINGS AS RECITED IN THIS DESCRIPTION ARE BASED UP OF THE SW1/4 OF SAID SECTION 28 AS BEARING N.00"49'07"ON THE WEST LINE FOUND AT THE SOUTHWEST CORNER OF SAID SECTION 28 IS A WITH A BRASS CAP, E- MONUMENTATION 28 IS A PLS #7734 AND AT THE WEST 1/4 CSTANDARD MONUMENT BLM STANDARD MONUMENT AND ALUMINUM /CAP. RECORD SAID SECTION RECITED IN THAT DOCUMENT RECORDED IN BOOK 989 BEARINGS ASN ROTATED 00'29'21" CLOCKWISE TO CONFORM WITH THE BAT ASS PAGE 82 THIS DESCRIPTION.) HAVE BEEN OF BEARINGS FOR BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF 28 BEARS S.60°45'41"W. 805.61 FEET; THEN N.10°29'21"E. SAID SECTION THEN S.57°25'29��E 12'18 FEET; THEN S.73°35'53"W 14.40 FEET; 14.96 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 81 sq.ft. OR 0.00 ACRES. unty Courthouse Bldg. Eighth Street wood Springs, CO 81601 945-9158 EXHIBIT A TO EASEMENT DEED - BAZLEY Samuel Phelps Garfield County Surveyor Private Office 1001 Grand Avenue, Ste. 205 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: 19701 naS-pc ATTACHMENT D 497249 8-989 P-82 08/15/96 01:37P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11.00 BARGAIN AND SALE DEED John K. Snobble and Barbara M. Snobble, as joint tenants, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby bargain, sell and convey to James Jeffrey Bazley and Conne Mara Bazley, as joint tenants and not as tenants in common, whose address is 5970 County Road 109, Carbondale, Colorado 81623, the following real property in Garfield County, Colorado: A tract of land situated in Lot 11 of Section 28, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying southwesterly of the centerline of the Crystal River and being more particularly described as follows: Beginning at a point in the northeasterly right-of-way fence of County Road No. 109 as constructed and in place whence the Section Corner common to Sections 28, 29, 32, and 33, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 60°16'20" W 805.61 feet; thence N 10°00'00" E 701.21 feet to the centerline of said Crystal River; thence S 48°40'22" E 142.12 feet along the centerline of said Crystal River; thence S 28°30'00" E 185.00 feet along the centerline of said Crystal River; thence S 30°00'00" E 332.00 feet along the centerline of said Crystal River; thence S 73°06'27" W 504.53 feet to the point of beginning, containing 3.88 acres more or less. Also known as Tract B of The Snobble Subdivision Exemption, created by Garfield County Commissioners' Resolution No. 81-298, together with all its appurtenances, subject to taxes for 1996 and thereafter, all of the records of the Garfield County Clerk and Recorder's Office. Dated: August 12, 1996 J,cdhn K. Snobble Barbara M. Snobble 497249 B-989 P-83 08/15/96 01•37P PG 2 OF 2 Bargain and Sale Deed Page 2 STATE OF COLORADO COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged, subscribed and sworn to before me August 12, 1996, by John K. Snobble. My commission expires August 15, 1998. Witness my hand and official seal. STATE OF COLORADO COUNTY OF GARFIELD ) ) ) ss. Notary Public The foregoing instrument was acknowledged, subscribed and sworn to before me August 12, 1996, by Barbara M. Snobble. My commission expires August 15, 1998. Witness my hand and official seal. Notary Public \Baziey\2B«SDEED. vi ATTAC H M r E 39328316013 Clifford & Sandra Deveny 052 Midland Point arbondale, CO 81623 39328316014 nne Teague 441 Woody Creek Rd. 18 Doody Creek, CO 81656 39328316050 ancy Festa 0 Box 607 arbondale, CO 81623 39328316047 OA of Midland Point 0 Box 21307 ilton Head, SC 29925 39333200398 irginia Sterrett & Stanley Shane Jeaver 35 CR 109 arbondale, CO 81623 otential Mineral Rights Owner 0900307000 am & Anna Squires arbondale, CO 81623 239328316052 Krysta Grigsby 0024 Southard Station Carbondale, CO 81623 239328316048 Ashley Smith 0038 Southard Station Carbondale, CO 81623 239328316051 Eric Chacos 0054 Southard Station Carbondale, CO 81623 239329416042 HOA of Midland Point PO Box 21307 Hilton Head, SC 29925 239333200400 Colorado Rocky Mountain School 1493 CR 106 Carbondale, CO 81623 239328316053 Nicole Cavarra 0026 Southard Station Carbondale, CO 81623 239328316049 Joseph David Carter 0040 Southard Station Carbondale, CO 81623 239328316045 Dianne White 0072 Southard Station Carbondale, CO 81623 239328300397 Jeffrey & Leonard Sabo 5889 CR 109 Carbondale, CO 81623 239333100012 Colorado Rocky Mountain School 1493 CR 106 Carbondale, CO 81623 Account Page 1 of 1 Account: R090145 Location Owner Information Assessment History Owner Name SQUIRES, CAM & ANNA K. Owner Name SQUIRES, CAM & ANNA K. Actual (2009) $210 Parcel Number 8009-003-07-000 Owner Address CARBONDALE, CO 81623 Primary Taxable $60 Tax Area 009 - IR - 009 Tax Area: 009 Mill Levy: Situs Address 57.0310 Sibling Account No Legal Summary 17-27 BLK 7, LOTS 16-27 BLK 14, LOTS 1-15 BLK 15, ALL IN COOPERTON SUB. Section: 28 Township: 7 Range: 88 MIN/RTS - LOTS 1-16 BLK 5, LOTS 1-16 BLK 6, LOTS SURFACE OWNERS 2393-283-07-002 (0190152) 2393-331-00-012 (090148) (090186) Transfers Sale Price Tax History Tax Year * Estimated Type Actual Assessed Acres Land $210 $60 29.000 Sale Date Doc Type Book Page 01/01/1900 Dccds B: 0241 P:0275 Images Taxes *2010 $3.44 2009 $3.44 https://act.garfield-county.com/assessor/taxweb/account.isp?accountNum=8090145 3/15/2010 ATTACHMENT F GARFIELD 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 PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER : 2393283000201239328300021 DATE: December 11, 2009 & 239328300019 PROJECT: Snobble Amended Exemption OWNER: Barbara Snobble (i parcels), James and Conne Bazely REPRESENTATIVE: Mark Chain PRACTICAL LOCATION: 5970 CR 109 TYPE OF APPLICATION: Administrative Review - Amended Exemption (Plat) I. GENERAL PROJECT DESCRIPTION An exemption was approved in 1981 (reso 81-298) however a `County -approved' plat was never recorded. The owners would now like to amend the lot lines through and amended exemption process. The Exemption Plat (NOT amended Exemption Plat) will be processed administratively through an amended exemption plat process even though there is no plat to amend (we will use the legal description in -lieu of a plat). The plat should be entitled "Exemption Plat" since there is no plat to amend. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Unified Land Use Resolution Sections: Article IV - Administrative Process 4-103 Common Review Procedures, 4-104 Administrative Review Process and 4-501A Administrative Review AND Article V - 5-306 III. REVIEW PROCESS 1. Pre -application Conference 2. Application Submittal 3. Determination of Completeness 4. Review 1 Adjacent Property notice 5. Director Determination 6. Call-up period 7. Bocc signature and recording Public Hearing(s): None Referral Agencies: County Surveyor, Town of Carbondale, others T.B.D. upon review of Application IV. APPLICATION REVIEW FEES Planning Review Fees: $ 300.00 Referral Agency Fees: $ County Surveyor Fees T.B.D. Total Deposit: $ 300.00 (additional hours are billed at hourly rate of $4o.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. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 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. Pr -applicatiQ1v 5 nary Prepared by thy Eastle Date #11 /()GI