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HomeMy WebLinkAbout1.0 ApplicationFORD CONSTRUCTION CO., INC. 560 25 Road Grand Junction, CO. 81505 Phone (970) 245-9343 Fax (970) 245-5090 brira�»ri 0 1 0 1 0% i Amended Final Plat Submittal Package: Tax Parcel Number: 2409-284-03-001 Project: Combine Lots 6-19 Block 10 Travelers Highlands Owner: Plus Five. LLC. Presented To: Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 March 9, 2015 FORD CONSTRUCTION CO., INC. 560 25 Road, Grand Junction, CO. 81505 Phone: (970) 245-9343 Fax: (970) 245-5090 AMENDED FINAL PLAT SUBMITTAL PACKAGE Tax Parcel Number: 2409-284-03-001 Project: Combine Lots 6-19 Block 10 Travelers Highlands Owner: Plus Five. LLC. TABLE OF CONTENTS A. Cover Letter B. Deed & Title Commitment C. Divisions of Land Application Form D. Payment Agreement Form E. Statement of Authority F. Letter of Authorization G. Names & Mailing Addresses of Properties Within 200' H. Assessor Map, Indicating Properties Within 200' I. Mineral Rights a. Deed Mineral Rights 1962 b. Warranty Deed 2005 c. Mineral Rights Owners 2015 J. Vicinity Map (Replaced with N.a. Revised Vicinity Map) K. Copy of Existing Plat L. Draft Amended Final Plat M. Copy of Pre -Application Conference Form N. Addendum #1 - Response to Completeness Review Comments a. Revised Vicinity Map b. Letter of Authorization, Ford Construction Company, Inc. c. Determination of Mineral Rights March 9, 2015 FORD CONSTRUCTION COMPANY, INC. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Final Plat Amendment Parcel # 2409-284-03-001 Lots 6-19 Block 10 Travelers Highlands Subdivision Zoned Industrial To whom it may concern, Plus Five LLC., is the sole owner of lots 6-19 of Block 10 in the Travelers Highlands Subdivision located approximately 5 miles West of Parachute off of Old US Highway 6, in Garfield County. Each lot is 50'x100', with no access to public utilities; natural gas; water; sewer. The size of the individual lots makes using the property difficult. Combining these lots allows it to be used the way it was zoned, industrial. Final Plat Amendment submittal is with the sole intent to build a pre-engineered metal building designed for two story office with shop. End use of the combined lots is to utilize the current By Right Use of Contractors Yard, Small. Enclosed for your review and approval is the application for the Final Plat Amendment. Please review the attached and don't hesitate to contact me with any questions or comments you may have. Respectfully, Amanda S Decker Chief Estimator/Project Design Coordinator 560 25 Road, Grand Junction, CO 81505-1302 • (970) 245-9343 • FAX: (970) 245-5090 www.torctconstruction.org X111 wri11:1111111.1%ifili Mil 1IITIVIC4ACIOIC141.11411111 Recep t 1 erslt : 836305 06/04/2013 03:51:16 PM Jean Albertoa 1 of 1 Roc Fee:S11 00 Doc Fee:10 58 GORFTELD COUNTY CO SPECIAL WARRANTY DEET) 1'1IIS DEED, made on May 31, 2013, betwcctl Colorado Glenwood Parachute Return, LLC, n Missouri limited IEabihty company o f the County of JACKSON, and State of M0, grantor, and Plus Five, LLC, a Colorado limited liability company whose legal address i9 2278 11.4 Nond, GRAND JUNCTION, CO 81501 'Jibe County of MCSA, and Suite Jf CO, grunter WITNESS, that the grantor, fur and In eons:derauna ur thc sum orf ten dul'ars and outer good and vnluubm consideration. the receipt see d sufficiency of which is hereby anknr:wledgcd, has granted. bargained, tie :d and ermcyed, and by these presents does gran, bargain, sell, convey and confirm unto the grantee, its suimcsAars and assigns forever, al the real property, together with in prnvements, if any, silinnc, lying raid bung, in to County of Garfield and Stale ofColcradn described as lo Ws" Lots 3 through 24 Block 10 Travelers Iiighlattds Subdivision According to the plat thereof recorded August 15, 1962 as Reception No. 218477 also known by street and number as; 1BD Scarrow Avenue, Parachute, CO 111635 TOGETHER with all and singular the hereditaments and appurtenances thete,mhr belonging, or in anywise appertaining, and the Icv,nion and reversions, remainder and remainders, rents, issues and profits thereof. and all the estate, tight, titin, interest, claim and demand whatsoever of the grantor, tither in Jaw or equity, of, in and to the above bargained premises, with the hereditaments and eppurtenancet. '10 RAVE AND TO HOLD the said premises aliove bargained and dcserihcd, with the appunenancca, unto the grantee. Its s.:ceesscrs ..ad assigns forever The grantor, for bInif, its successors and assigns docs covenant and agree that it vhak and will WARRANT AN FO REV! R DEFEND thc above bargained premises in thc quiet and peaceable possession of Ute grantee, its succcssnn and ensigns, against all and every pervn, or persons clairring the whole or any put thereof, by, through or under the grantor IN WITNESS WHEREOF, thc grantor has caeca ted this deed on the date sct forth above Colotado Glenwood Parachute Return, LLC a Missouri limited liability cont, any Dy: Master Control nanagin Ry: ArmedFo rnk, .A.. Hy: % r er aging member Da>,id A Frances, Ex c ut,ve Vice President • STATF CW �i1 �cl 1 f1 MUM,/ OFc' Sar.. ; ss. The foregoing instrument was acknowledged before Inc on May sea: 1, 2013, by David A. Frances, Execuvve Vice Pre+idcnt or Armed Forces Dani., N.A., Managing Member of Masts Control, 1.I,C, Managing Sfcmbcr of Celarado Glenwood Parachute Return, LLC. a Missouri limited FAR ty.n tnpany, My commission expires: all 15 Como ,,e I1t, fdr i o 13113011 n.u:ew. n.rn.att.0 u'+l I0 Wad GRAM) nycnotr, co ,'sat No. 16. Rev. 4.94. SPECIAL WARRANTY DEED WITN S hand and • tel MacKENZIE CLESSON Notary Public -Notary Se& STATE OF MISSOURI Clay County My Commission Expires Sept. 7, 2015 Commission 11237208 ro.�� ❑ Preliminary Plan Amendment Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION _❑ Minor Subdivision Major Subdivision ❑ Sketch ❑ Preliminary ❑ Final Conservation Subdivision E— ❑ Yield 0 Sketch 0 Preliminary 0 Final - ❑ Time Extension © Final Plat Amendment O Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: Plus Five LLC Mailing Address: 2278 I 1/4 Road Phone: ( 970 ) 216-7767 City: Grand Junction E-mail: kandwedwards@,gmail.com State: CO Zip Code: 81505 Representative (Authorization Required) Name: Ford Construction Company., Inc. Mailing Address: 560 25 Road Phone: ( 970 ) 245-9343 City: Grand Junction E-mail: adecker@fordconstruction.org, PROJECT NAM_ E AND LOCATION Project Name: Plus Five LLC. State: CO Zip Code: 81505 Assessor's Parcel Number: 2 4 0 9- 2 8 4- 0 3- 0 0 1 Physical/Street Address: None at this time Legal Description: Lots 3 thru 24_ Block 10, Travelers Highlands Subdivision Zone District: Industrial Property Size (acres): 1.61 Acres (50'x l 00')x 14=70,000 SF=1.61 Acres Project Description Existing Use: Vacant Fenced Lot Proposed Use (From Use Description of Project: proposed two story office/shop Table 3-403): Contractor's Yard, Small (less than 5 acres in size) Combine lots 6-19 of block 10 in Travelers Highlands Subdivision for building approximately 6,800 SF. Proposed Development Area Land Use Type # of Lots # of Units — Acreage Parking Single Family Duplex Multi -Family Commercial 1 Industrial 1 1 Open Space Other 1 Total 1 1 REQUEST FOR WAIVERS Submission Requirements ® The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Submittal Req. #6 - 4-203K Section: Section: Submittal Req. #8 - 5-4021 Section: Waiver of Standards O The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. March 9, 2015 Sr ature of Property Owner Date OFFICIAL USE ONLY 1 File Number:„_ __ __ - _r_ _r- Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Plus Five, LLC. agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Plus Five LLC, Final Plat Amendment 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Amanda S Decker Phone: ( 970 )245-9343 Billing Contact Address: 560 25 Road City: Grand Junction State: CO Zip Code: 81505 Billing Contact Email: adecker@fordconstruction.org Printed Name of Person Authorized to Sign: Amanda S Decker March 9, 2015 (Date) STATEMENT OF AUTHORITY 1 1. This statement of Authority relates to an entity named: i Plus Five, LLC i. 2. The type of entity is a: E - " ❑ corporation ❑registered limited liability limited partnership ❑ nonprofit corporation 0 limited partnership association., ®limited liability company 0 unincorporated nonprofit association - en n ❑ general partnership 0 government or governmental subdivision of agency aim VI D limited partnership 0 business trust m ,y ❑ registered limited liability partnership 0 trust m 4 - .0 3. The entity is formed under the laws of: ... 8 Colorado - 1 c N 4. The mailing address for the entity is: i • • 2278 1114 Road, Grand Junction CO 81505 o: 5. The ® name(s), or ® position(s) of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Wendy Sue Edwards, Manager Kenneth G. Edwards, Manager 6. (Optional) The authority of the foregoing person(s) to bind the entity is ❑ not limited ❑ limited as follows: 7. (Optional) Other matters conceming the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. State of Colorado ) ss. County of Garfield Executed this 30th day of March, 2004 cs-N y Sue Edwards (type or print name, individually) The foregoing Instrument was acknowledged before me this 30th day of March, 2004 by: Wendy Sue Edwards, Individually and by Wendy Sue Edwards, as Manager ofPlus Five, LLC Witness my hand and official seal. My Commission Expires: t.164� Rt;r t Td. )3LuS JANETL NOTARYPUBUC ; STATEOFCOLORAUO . •,.,1 , Plus Five, LLC 2278 I 1/4 Road Grand Junction, CO 81505 4/10/15 To Whom It May Concern: Please accept this letter as our authorization for : Ford Construction and their representatives Amanda Decker and Dan Kirk 560 25 Road Grand Junction, CO 81505 To act on our behalf in business dealings with the County of Garfield regarding a building permit for a shop/office we propose to build on Scarrow Avenue, legal description Lots 3 thru 24 Block 10, Travelers Highlands Subdivision Garfield County, Colorado Please contact me if you need further information. Respectfully, endy EdtJ4afnagi 970/216-484 Account Number ParcelNo OwnerName In Care Of Address 2 City State ZipCode R260039 240933104001 STRONG, GEORGE P & LESLIE J PO BOX 808 SILT CO 81652 R260073 240928406004 L L R PROPERTIES LLC & ROSS, ROBERT LJR 9051 E. COLORADO DRIVE DENVER CO 80231 R260066 240928406002 OETKEN, EVERETT A SPADAFORE, LUAVE 16129 PAPAGO CORDES LAKES MAYER AZ 86333 R082643 240928406015 OIL SHALE CITY LLC 71 COUNTY ROAD 300 PARACHUTE CO 81635 R260081 240928406006 TIBBETTS, NEIL W & SARA L 3104 F 1/2 ROAD GRAND JUNCTION CO 81504 R082644 240928406016 NCM ACQUISITIONS LLC 3736 BEE CAVE ROAD #1-180 AUSTIN TX 78746 R082644 240928406016 NCM ACQUISITIONS LLC 3736 BEE CAVE ROAD #1-180 AUSTIN TX 78746 R260053 240933106010 KNK LAND LLC 1847 7 ROAD MACK CO 81525 R260024 240928406012 GARDNER, KENNETH ALLAN 1113 COOPER AVENUE GLENWOOD SPRINGS CO 81601-3922 R260103 240928402013 RADEL, DOYLE & KRISTIE 2058 45 1/2 ROAD DEBEQUE CO 81630 R082647 240928406019 OIL SHALE CITY LLC 71 COUNTY ROAD 300 PARACHUTE CO 81635 R082647 R260041 R260007 240928406019 240928403001 240928406007 OIL SHALE CITY LLC PLUS FIVE, LLC PARACHUTE COMMERCIAL, LLC 71 COUNTY ROAD 300 PARACHUTE CO 81635 2278 1 1/4 ROAD GRAND JUNCTION CO 81505 PO BOX 700 GLENWOOD SPRINGS CO 81602 R082642 240928406014 NCM ACQUISITIONS LLC 3736 BEE CAVE ROAD #1-180 AUSTIN TX 78746 R082642 240928406014 NCM ACQUISITIONS LLC 3736 BEE CAVE ROAD #1-180 AUSTIN TX 78746 R260064 240928406001 MCLAREN, GEORGE W MCLAREN, JOHN A 27929 HIGHWAY 82 SNOWMASS CO 81654-9042 R260040 240928407011 ROARK, JAIME 6303 COUNTY ROAD 233 SILT CO 81652 R260035 240928406013 U S S FIELD SERVICES LLC 1501 RAILROAD AVENUE 29 RIFLE CO 81650 R260052 240928403002 MAXWELL, LOREN 2712 CRAIG CIRCLE FULLERTON CA 92835 R082645 240928406017 OIL SHALE CITY LLC 71 COUNTY ROAD 300 PARACHUTE CO 81635 R082645 240928406017 OIL SHALE CITY LLC 71 COUNTY ROAD 300 PARACHUTE CO 81635 R260038 240933105004 PYSTO, NICHOLAS 29 GOLDFIELD COURT PARACHUTE CO 81635 R260014 240933106008 ASHCRAFT, LEWIS E & BENNETT, BETTY JANE 1413 SERENE DR ERIE CO 80516 R260102 240928402012 RADEL, DOYLE & KRISTIE 2058 45 1/2 ROAD DEBEQUE CO 81630 R260032 240933106009 AAJ DISPOSAL LLC 963 MEEKER STREET DELTA CO 81416 R260046 240928407005 HENDRICK, THOMAS LESTER & HARRY 0 8614 HWY 6 & 24 PARACHUTE CO 81635 R082646 240928406018 THORNBURG, JUSTIN A 39 GOLDFIELD COURT PARACHUTE CO 81635 R082646 240928406018 THORNBURG, JUSTIN A 39 GOLDFIELD COURT PARACHUTE CO 81635 R260080 240928406003 THURLOW, REGINALD J III & DANIEL R & THURLOW, LINDA PO BOX 2876 GRAND JUNCTION CO 81502 R260070 240933105001 TAMMARIELLO, LUELLA P 1135 HIGH VISTA DRIVE MILLS RIVER NC 28759 R260009 240928407004 FEELEY, JOSEPH PO BOX 68 DE BEQUE CO 81630 Situs House Number Street Name Designation City Zip Code PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 179 MOSHER AVE PARACHUTE 81635 PARACHUTE 81635 188 SCARROW AVE PARACHUTE 81635 189 270 COUNTY RD PARACHUTE 81635 MOSHER AVE PARACHUTE 81635 PARACHUTE 81635 269 SCARROW AVE PARACHUTE 81635 158 SCARROW AVE PARACHUTE 81635 158 270 COUNTY RD PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 168 SCARROW AVE PARACHUTE 81635 169 MOSHER AVE PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 198 SCARROW AVE PARACHUTE 81635 199 270 COUNTY RD PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 208 SCARROW AVE PARACHUTE 81635 209 270 COUNTY RD PARACHUTE 81635 PARACHUTE 81635 PARACHUTE 81635 PARACH UTE 81635 oz 0 • \ y 1y k' \ �,•S\\ \\ • \ \\-.1.\ ,\p \ 05 1� • 1 L • Book 343 Page 26 25 Recorded at 10:o'clock li., Reception No 21$476 Chas. S. Keegan Aug 15, 1962 Recorder. Book 343 Page 426 THIS DEED, Made this 10th our Lord one thousand nine hundred and Sixty-two of the CHARLES P. CASTEEL County of day of between August in the year of Garfield and State of Colorado, of the first part, d GARFIELD OIL, LAND AND DEVELOPMENT, INC., a Colorado corporatio of the County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION BeBTARB, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged ha s granted, bargained, sold and con- veyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said part y of the second part itRajarcg2rr8 forever, all the following deseribed lot or parcel of land, situate, lying and being intthe County of • • Garfield and State of Colorado, to -wit: A tract of land located in Section 27, 28, and 33, Tp. 7 S., R. 96 West of the 6th P.M., described as beginning at a point which is located N. 1°55' W. 572.57 feet from the section corner common to Sections 27, 28, 33- and 34, aforesaid township and range; thence N. 55932' E. 510.44 feet; thence N. 34°28' W., 561.04 feet; thence N. 88°22' E., 128.47 feet to a point on the section line common to sections 27 and 28, aforesaid township and range; thence N. 88°22' E., 173.93 feet; thence S. 55°32' W., 2361.54 feet to a point on the section line common to Sections 28 and 33, aforesaid township and range; thence S. 55°32' W., 204.37 feet; thence S. 34°28' E., 725.01 feet; thence N. 55°32' E., 1288.28 feet to a point on the section line common to sections 28 and 33, aforesaid township and range, and a point S. 89°26' W., 865.22 feet from the common section corner heretofore referred to; thence N. 55°32' E., 1026.28 feet to the point of beginning. Reserving, however, unto grantor and to prior owners, as their interests may appear, all oil, gas, and other minerals in, on or under•said lands and the right of ingress and egress to explore for, mine, drill for, and remove any or all of such oil, gas, and other minerals. And, subject to all patent reservations and restrictions, to easements of record or in use, and to the 1962 taxes payable in 1p63, which grantee assumes and agrees to pay. } m • o re w W • ca 7 jj a {{• a�� W LI u, & u W D0I:UHrsrART, t iL\d D S):1TY.S IVIERNALIt}.SEN01 — ouuaItti — No. 832. ARRAN TY DEED. —The Bradford -Robinson Ptg. L o., Mfrs.ltobinaon's Legal Menke, 1346 Stout St., Denver, Colo. Book 343 Page 427 T(H;1;1'ill:li ticilli all and singular the hereditaments and appurtenances thereunto belonging, or in :aI1.: i':i a• appertaining. and illi' rt•ver. j(nl and reversions, remainder and remainders, rents, issues, and tuuiia.; ai:er,•,,; : and ail ile• estate, right. title, interest. claim and demand whatsoever, of the said sari V a,f IIs•• tir:;t par! oiihcr iia 1a:: or equity, of, in and. to the above i':'rtraiiied premises, with the hereditaments ;aril appurtenances. 'I'i) 11.111•, AN1) TO 11()141) the said premises above bargained and described, with the appurte- nanves unto GARFIELD OIL, LAND AND DEVELOPMENT, INC. , the said part V of the second part it ttz�� nu9,95 And I he said CHARLES P. CASTEEL gas forever. part Y of the lust part, for him Sel f, his heirs, executors and administrators, do es covenant, grant, bargain successors anti agree to and with the said part y of the second part, its heihs and assigns, that at the time of the ei.iSealing and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha S good right. full power and lawful authority to grant, bargain, sell and convey the sante in mauler and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part successors its hennas and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. 1 N WITNESS WIIERREOF, The said party of the first part ha s hereunto set his hared and seal the day and year first above written. Signed, Sealed and Delivered in Presence of )72LZ' � -/6L4 &- l ?GG.•a (.SEAL] [SEAL] [SEAL] [SEAL] STATUTORY ACKNOWLEDGMENT, SESSION 1927 STATE OF COLORADO, ss. County of Gar The foregoing instrument was acknowledged before me this 19 62 . by Charles P. Casteel. Witness my hand and official seal. 3[y- commission expires 'R7y commission expires May 20, 1.9V3 day of August Notary Public. •1f by natural person or persons here insert name or names; if by porion acting in representative or official capacity or as attorney-in-fact, then insert name of person as executor. attorney-in-fact, or other eapaeity or description: if by, officer of corporation, then insert name of such nffteor nr nffirnr,. nr thp nm.rdnnt: nr nthor officers of such corporation, naming it. Hall I11111111111111111111111111111111111111111111111681 58 09/07/2005 02 07P B1724 P305 M ALSDORF /66:5-// 1 of 3 R 16.00 D 85.00 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made on this 2nd day of September, 2005, between GARFIELD OIL, LAND AND DEVELOPMENT, INC., a Colorado Corporation of the County of Mesa and the State of Colorado, Grantor, and DAVID HICKS AND CONNIE HICKS whose legal address is: 2520 S. Grand Ave., Suite 210, Glenwood Springs, CO 81601 of the County of Garfield, State of Colorado, the Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of EIGHT HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($850,000.00) the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as: 169 Lots in Travelers Highlands, Parachute, CO 81635 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the grantees, their heirs and assigns forever. And the grantors, for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO general taxes for the year 2005; those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee in accordance with Section 8a (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee in accordance with Section 8b (Matters Not Shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any, and SUBJECT TO the following restrictive covenant: Grantee acknowledges that streets shown on the Traveler's Highlands Subdivision Plat have been declared public by the County Commissioners of Garfield County, Colorado in Resolution No. 05-05 recorded in Book 1655 at Page 217 in the records of the Garfield County Clerk and Recorder and that Grantor claims a right of way for access, ingress, egress and utilities over, across and through said streets to and from adjacent lands owned by Grantor. Grantee hereby covenants and agrees that it will not 2 2,f) jd/ U �luuv�d/i' Sep Cd /loo/ • 11111111111111111111111! 1I1I111111111111111111111111111 681758 09/07/2005 02.07P B1724 P306 M ALSDORF 2 of 3 R 16.00 D 85.00 GARFIELD COUNTY CO abandon, relocate, or interfere with the use of such streets, or apply to vacate or relocate the platted streets, without (i) providing advance notice to Grantor and (ii) providing Grantor equivalent or better alternate access and utility rights of way. This covenant shall run with the land and be binding on the successors and assigns of the parties. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. GARFIELD OIL, LAND AND DEVELOPMENT, INC., a Colorado corporation By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) l� le J. Ca�Ceel, President The foregoing instrument was acknowledged before me this 2nd day of September, 2005, by Myrtle J. Casteel as President of Garfield Oil, Land and Development, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: Escrow # GW246005 Title #GW246005 Notary Public ELLEN M. LIPSCOMB NOTARY PUBLIC STATE OF COLORADO My Commission Expires Sept. 21, 2006 When recorded, return to: 'Foch tit ` T T `', c/o David Hicks 2250 S. Grand Ave., Suite 210 Glenwood Springs, CO 81601 111111111111111111111111111111111111111 111 1111111111111 681758 09/07/2005 02 07P B1724 P307 M ALSDORF 3 of 3 R 16.00 D 85.00 GARFIELD COUNTY CO EXHIBIT A LOTS 1 THROUGH 12 BLOCK 1 LOTS 1 THROUGH 12 BLOCK 2 LOTS 5 THROUGH 10 AND LOT 12 BLOCK 3 LOTS 1 THROUGH 12 BLOCK 4 LOTS 4 THROUGH 21 BLOCK 5 LOTS 3 THROUGH 8 AND 17 THROUGH 24 BLOCK 6 LOT 1, 5 THROUGH 9, 11, 12, 16 THROUGH 18, 20 AND 21 BLOCK 7 LOTS 1 THROUGH 10, 11, 12, 13, 15 THROUGH 24 BLOCK 8 LOTS 1 THROUGH 24 BLOCK 9 LOTS 3 THROUGH 24 BLOCK 10 LOTS 5 THROUGH 16 BLOCK 12 TRAVELERS HIGHLANDS SUBDIVISION, IN THE COUNTY OF GARFIELD AND STATE OF COLORADO ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO AS RECEPTION NO. 218477. COUNTY OF GARFIELD STATE OF COLORADO Form EXHISITA 01/17/03 GW246005 Plus Five, LLC 22781% Road Grand Junction, CO 81505 March S. 2015 Ms Janet Smallwood Dear Ms. Smallwood Plus Five LLC owns property on Scarrow Avenue within the Travelers Highlands Subdivision with a legal description of Lots 3 thru 24, Block 10, Travelers Highlands Subdivision. We believe you are one of the owners of the mineral rights for that property. We are in the process of obtaining a building permit to build a new shop/office on that property. The construction will require us to move the lots lines within our property. Because you are the mineral right owner, Garfield County is requiring us to inform you of this change. If you have questions, please feel free to contact me or the Garfield County Building Department. Respectfully, Member Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Ei Print your name and address on the reverse so that we can return the card to you. e Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .7 '7 (r, .(, N is . ---(-7- ) OMPLETE THIS SE'CTJON ON DELIVERY 4 A. Signature 0 Agent r� _ 0 Addressee B. Received b.:( Printed Name) C. Date of Delivery }.-, _: i• \`,:i D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ® Certified Mall © Registered 0 Insured Mail 0 Express Mali ❑ Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 1820 0001 6781 6879 (Transfer from servic PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. in Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A--- (.49-- 6 i S £) nature 0 Agent d/ 4,141 ( a r� 1:1 Addressee icei��d by (PrI ted Nam . C`. ate of Deiiery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mail 0 Express Mall ❑ Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article(Trans rfNumm 7005_11___820, 0001 6781 6923 (Transfer from service label=-----=_�_-�-_--1- PS For SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. N I Attach this card to the back of the mailpiece, or on the front if space permits. 102595-024M.1540 COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: cosDc Agent ❑ Addressee eived by(Pri t Name) C. Date of Delivery Q�G -C f Voir D. Is delivery address different from item 1? ❑ om" -if YES, enter delivery address below: o 2. Article Number 3. Service-iype [ �rt fled Mall ❑ Registered ❑ Insured Mali ❑ Express Mail ❑ Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes n -,n nnn'1 L7Al. LACI-, !., • . N. liNi. ' : *Ilik. ••- s , ., • . it, . .J.^1.1.1 • + '"''' 4. ..- 1 •I, " qb-- —.R. t e • ,‘ , 4 a , 44• to'," * , • Irs ' • f'• a ' . . ! ... . 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IN /07W4xt MSVa>4S4F 7444.1 . .1d capws0. 1 Ars cameo' • MIs ,�t•o �rn•••e0 ee de OreeeeS.d p / w4on .,'s/i. ooKtrers • "�# P....; -....i. • • `- star ara 8444.1. - te 4;- , •17zw7Va7214"WrLn . ir,1h-41.-- -iwr!'ef'.rtrer dmenr ay .yf:0_�{� it: ertW - /- ANG AEVEL43VENT.IAC., a1 rr Avid aei!dry�ere4b3y/ ,te4vl. . . 7 AMENDED FINAL PLAT OF LOTS 6 THROUGH 19, BLOCK 10, TRAVELERS HIGHLANDS SUE T 7 SOUTH, R 96 WEST, OF THE 6TH P.M. TOWN OF PARACHUTE, GARFIELD COUNTY, COLORADO /Pr 3='l I� L� VICINITY MAP Not to scale Set Block Mom ment 2.5" ALC, ' S27279 7 Found Ora-lige Plosic Cap, /PT.'S 36572 7 7 7 7 7 7 / \ \ co. cp 4\ ---so ts '� \ \ N U -0 \ \-v V SG° Lot 19 0 e 0 7 7 Lot 5 \ Lot 18 \ 7 7 5 o$ \ Lot 17 Lot 7 Lot 6 \ \ Found orange Plosic Cap, PLS\6572 /\ Found Bloonument 1.5" Rieti Rios is Cop, PLS 26950 \ / SURVEYORS NOTES Easement and Title Information provided by Commonwealth Title Company, Policy No. 1303043. Basis of bearings is the centerline of Scarrow Avenue Right—of—Way between 2nd and 3rd Street which bears South 06 degrees 32 minutes 26 seconds West, a distance of 674.81 feet, established by observation of the Mesa County GPS control network, which is based on the NAD 83 datum for Horizontal and NAVD 88 datum for Vertical Information. Both monuments on this line are found Block monuments of Travelers Highlands Subdivision, as shown on the face of this plat. Date of field survey was February, 2015. This survey is based on documents of record and monuments found in place as indicated hereon. / 7 7 )v 7 7 7 5 Set Block 2.5" A 7 i •s Lot 15 nument PL527279 7 7 , Lot 14 16 arcel \7 1<6 A cres Lot 9 \ Lot 8 5 ee 7-K '5 Lot 13 \ Lot Lot 10 \ / 90 5h 7 7 LP A. Y, / / Found filocMonument 1.5" ffed Plostic Cop, PLCS` 26950 \ F Lot 12 11 \ 1.00' N� 7 •s/ /7C 1/45) \ap, Found Ye!''low Plosic W.C. NW PLS 31153 Found Blo k Monument/ 1.5" Red'Plastic Ca PLS ,26950 ►�, / 7 / / 7 7 / \ 7 7 / / 7 7 / COUNTY SURVEYOR'S CERTIFICATE Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. 38-51-101 and 102, et seq. DATED this day of , A.D., 20 ____, Garfield County Surveyor COUNTY COMMISSIONER'S CERTIFICATE 7 \7 / / / ound Block MYlonumnt 1.5" Red astic Cop,\ ELLS 2695 Note: Property corners located during this survey that were within 0.25 feet of the calculated point were accepted as being "in position". NORCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 114 TIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. UV NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CER DFICA DON SHOWN HEREON. oe \ / re( / CERTIFICATE OF OWNERSHIP The undersigned , being sole Owner(s) in fee simple of all that real property situated in County of Garfield, State of Colorado, shown hereon, said real property being described as follows: Lots 6 through 19, Block 10, Travelers Highland Subdivision. And that said owner have caused that said Travelers Highland Subdivisions Lots to be surveyed, laid out and replotted as AMENDED FINAL PLAT of LOTS 6 THROUGH 19, BLOCK 10, TRAVELERS HIGHLAND SUBDIVISION. EXECUTED This day of , A.D., 20 Owner(s) STATE OF COLORADO COUNTY OF GARFIELD The foregoing Certificate of Dedication and Ownership was acknowledged before me this ____ day of , A.D., 20_, by My commission expires: Witness my hand and official seal. SS Notary Public SURVEYOR'S CERTIFICATION 7 7 / / Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended Plat this day of , A.D., 20 , for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair of maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield ATTEST: County Clerk 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 , 20 , and is duly recorded as Reception No. Clerk and Recorder B y: Deputy I Stanley K. Werner, do hereby state that I am a registered land surveyor licensed under the laws of the State of Colorado, that this plat is a true, correct and complete Amended Final Plat of Lots 6 through 19, Block 10, Travelers Highlands Subdivision as laid out, platted, dedicated and shown hereon. That such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked on upon the ground in compliance with the state regulations governing the subdivision of land, and that it complies with C.R.S. 38-33.3-209. In witness whereof I have set my hand on this seal on this day of A.D. 2015 Stanley K. Werner, P.L.S. No. 27279 0 30 60 120 SCALE: 1"=60' LEGEND 0 FOUND MONUMENT, AS NOTED SET ALUMINUM CAP ON No. 5 REBAR, PLS 27279 IN CONCRETE • SET ALUMINUM CAP ON No. 5 REBAR, Prepared for: Plus Five rc ia ca STANLEY K. WERNER COLORADO PROFESSIONAL LAND SURVEYOR P.L.S. NO. 27279 AMENDED FINAL PLAT OF LOTS 6 THROUGH 19, BLOCK 10, TRAVELERS HIGHLANDS SUBDIVISION, SECTION 28, T 7 S, R 96 W, 6TH P.M. TOWN OF PARACHUTE, GARFIELD COUNTY, COLORADO High Desert Surveying, LLC 1673 Highway 50 Unit C Grand Junction, Colorado 81503 Telephone: 970-254-8649 Fax 970-241-0451 PROJ. DATE: NO. 15-08 Feb., 2015 SURVEYED DRAWN CHK'D JBE/TJ JBE SKW SHEET OF 1 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2409-284-03-001 PROJECT: Combine Lots in Travelers Highlands OWNER: Plus Five, LLC REPRESENTATIVE: Amanda Decker— Ford Construction 970-245-9343 adecker© fordconstruction.ora PRACTICAL LOCATION: Southwest of Parachute on Highway 6 TYPE OF APPLICATION: Amended Final plat DATE: February 2, 2015 I. GENERAL PROJECT DESCRIPTION Applicants own Lots 3 through 24 of Block 10, Travelers Highland Subdivision. The Travelers Highland Subdivision map was recorded in 1962 describing the lots which the Applicant now desires to combine into one parcel for development. The original platting of the subdivision resulted in 5,000 square foot lots to be served by well and septic systems. There have been numerous requests to combine lots in order to build on the site. The combined area of the Applicants Tots will result in a 2.52 -acre developable site. The Amended Plat process is an administrative review in which the Director of Community Development is the decision maker. This decision is subject to a call-up to public hearing. The Applicant is required to provide a draft plat indicating the existing lots lines and proposed lot lines once combined. Certificates are necessary for signature of owners, mortgagees, surveyors (the preparing surveyor and county surveyor), treasurer, title company or attorney, and Board of County Commissioners. The end result of the process is a signed mylar that will be recorded in the Clerk and Recorder's Office. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Land Use and Development Code of 2013, as amended • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate these requests shall require a Division of Land Application for an Amended Final plat through an Administrative review process pursuant to the LUDC. A. Pre -application Conference; B. Application Submittal. (3 paper copies and 1 CD); C. Determination of technical completeness; D. Schedule Decision Date; E. Provide Applicant documentation regarding notice requirements; F. Additional Copies requested and sent to referral agencies; G. Evaluation by Director/Staff resulting in a Staff Report to the Director of Community Development; H. Director decision issued and forwarded to Board of County Commissioners for call-up review (10 days); I. If no call-up is requested the decision is final; J. Mylar of plat may be submitted for Board signature; K. Recording of mylar. IV. PUBLIC HEARINGS AND NOTICE No public hearing is required for an Administrative Review, unless the application is called - up. Public Notice of the review is required to mailed, certified, to all properties within 200' of the subject site and to all mineral owners of the subject site, pursuant to Section 4-101.E. Referral will be sent to the following agencies: County Surveyor HOA, if any V. SUBMITTAL REQUIREMENTS 1. General Application Materials: a. Cover letter explaining the request; b. Deed and Title Commitment to demonstrate ownership and encumbrances; c. Application form and fee; d. Agreement to Pay Form; e. Statement of Authority for any trust, LLC or Inc.; f. Letter of authorization i. If Ford Construction will represent owners then a letter of authorization signed by authorized individual (see Statement of Authority) will be required. g. Names and mailing addresses of properties within 200' (Assessor's Office); h. Assessor map indicating properties within 200'; are severed mineral owners. This information may be found in a deed, title commitment or in the Clerk's Office; 2. Vicinity Map 4-203 C.; 3. Copy of existing plat of the properties; 4. Draft Amended Final Plat — see description in 5-402 F.; 5. Copy of pre -application conference form; 6. Subdivision Improvements Agreement — may request waiver; 7. Development Agreement — may request waiver; 8. CCR's — may request waiver if none exist or none are proposed. Applicant may request waiver of submittal requirements upon demonstration of criteria in Section 4-202 of the LUDC. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 100.00 Plus additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ (N/A) County Surveyor: $ hourly rate to review plat Recordation: $ plat recordation based upon C&R fees Total Deposit: $ 100.00 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. Pre -application Summary Prepared bv: February 2, 2015 Kathy Eastley, AICP Date FORD CONSTRUCTION CO., INC. 560 25 Road, Grand Junction, CO. 81505 Phone: (970) 245-9343 Fax: (970) 245-5090 ADDENDUM #1 April 7, 2015 RESPONSE TO COMPLETENESS REVIEW COMMENTS DATED MARCH 25, 2015 Comments received are as follows: 1.) The Application form needs to clarify the different property descriptions (i.e. Lots 3-24 versus Lots 6-19). Applicant Response: Plus Five LLC., Owns Tax Parcel Number: 2409-284-03-001, and included within this single parcel number are lots 3-24. Plus Five LLC., would like to combine lots 6-19 into one lot, lots 3-5 and 20-24 are to remain as is. 2.) The vicinity map needs to be expanded to include an area within approximately 3 miles of your property. Applicant Response: Please see the new vicinity map. 3.) As the Plus Five, LLC., authorization letter designates Ford Construction as their representative, we will need a Statement of Authority from Ford Construction indicating that Amanda Decker is their agent/authorized representative. There may be other ways to address this issue and we can facilitate a conversation with the County Attorney's Office on this topic. Applicant Response: Please see enclosed letter of authorization from Dan Kirk, President of Ford Construction Company, Inc. 4.) The County Attorney's Office has requested that you provide a statement or narrative to go with your mineral rights determination to describe how you researched the mineral rights. Applicant Response: Please see enclosed letter from Wendy Edwards, Managing Partner of Plus Five, LLC., in regards to their research to conclude their mineral rights findings. Page 1 of 2 5.) The County Attorney's Office has requested that you provide a linked title commitment to facilitate research on any lien holders, easements, and related issues. Applicant Response: As per my conversation with Glenn Hartmann, we have enclosed an electronic copy of what the Title company has provided Plus Five in effort to fulfill this request. Please note the individual who completes these for the Title company is out of the office until next week, and due to the age of some the documents they are not available for linking. Please review the documents burned to the attached disk and if you have any questions please don't hesitate to contact me. 6.) In regards to the waiver requests for an Improvements Agreement and provision of Covenants the application needs to include justification for the requests. By way of example the application may include an explanation that no public improvements are proposed and that all infrastructure improvements will be provided with the construction of the proposed building. If there are no covenants on the property the Application can make that representation. Provision of the title work noted above in item #5 would support such a representation. Applicant Response: There are no public improvements associated with this project. There are no covenants on the property. Page 2 of 2 4/7/2015 Parachute, CO 81635 - Google Maps +You Search Images Maps Play YouTube News Gmail Drive Calendar Translate Mobile Books Offers New Traffic Circle Exit West of Parachute Project Site Ima.er ©2015 Di.italGlobe, Landsat, USDA Farm Service A.enc , Ma. data ©2015 Goo. le 2000 ftn ry REVISED VICINTY MAP https:l/www.google.comlmaps/pl ace/Parachute,+CO+81635/@39.4150047,-108.0926961,6415m/data=!3m 111 e3!4m2!3m 1!1 s0x8746cb564ab4c92d:Ox4e1e3273a7afec3e 111 4/7/2015 Parachute, CO 81635- Google M aps +You Search Images Maps Play YouTube News Gmail Drive Calendar Translate Mobile Books Offers Photo b - Search nearby Please see Enclosed Draft Amended Plat for Lots 6-19 of Tax Parcel Number: 2409-284-03-001 to be combined. • -4' • • r ' ' -46 ; • • • • ..kr4 ,tr - . • +.: „ • ' .0 pi Ima e ©2015 Di italGlobe, USDA Farm Service A enc , Ma. data 02015 Goo le 200 ft',1 REVISED VICINTY MAP ENLARGED https://www.g cog I e.com/m a ps/place/Par achute,+C 0+ 81635/@39.4020814,-108.1085426,802m/clata !3m1!1e314m2!3m1!1s0x8746cb564ab4c92d.0x4e1e3273a7afec3e 111 April 7, 2015 FORD CONSTRUCTION COMPANY, INC. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Letter of Authorization To Whom It May Concern, Ford Construction Company, Inc., (FCCI), has given authorization to Amanda S. Decker, to act on behalf of FCCI's as representative to obtain all required permits and clearances to build the office/shop on Scarrow Avenue, Tax Parcel Number 2409-284-03-001. If you have any questions or comments please contact me at (970) 245-9343. Respectfully, (:::e)- --e Danny L Kirk President 560 25 Road, Grand Junction, CO 81505-1302, (970) 245-9343 • FAX: (970) 245-5090 www.fordconstruction.org Plus Five LLC 2278 11/4 Road Grand Junction, CO 81505 March 30, 2015 Garfield County Attorney RE: Travelers Highlands Subdivision Amended Plat Lots 6-19 File no. FPAA- 8251. researched the mineral rights ownership of this property at the office of the Clerk and Recorder of Garfield County in Glenwood Springs. The land and minerals were owed by Mr. Charles Casteel. In 1967 Mr. Casteel transferred part of those mineral rights to himself and Myrtle Casteel. Mr. Casteel died in 1990 and Mrs. Casteel (Myrtle) was named personal representative. As such, she executed a personal representative's deed granting the land and minerals to herself. In November of 1990 she deeded a portion of the mineral rights to her children: Janet Smallwood, Joan Wright and Joseph Casteel. In 1995, she transferred more of the mineral rights to her and her children in joint tenancy. In 2005 Garfield Oil, Land and Development, Inc. was formed with Myrtle Casteel president and Joan Wright Secretary. In 2006 the minerals were leased to Williams Energy; in 2007 ownership of the minerals was changed among the siblings from joint tenancy to tenants in common. My husband has been in personal contact with Joseph Casteel who has been able to give us some great information on the history of the land, ie, the planned community now known as Battlement Mesa was originally planned for this area. We are very confident through our research and through our conversations with Joseph Casteel that he and his sisters are the mineral right owners on our land. Respectfully, dwards ging partner Plus Five LLC 970/216-4844 Plus Five, LLC 2278 I % Road Grand Junction, CO 81505 4/10/15 To Whom It May Concern: Enclosed please find a copy of our title policy for: Lots 3 thru 24 Block 10, Travelers Highlands Subdivision Garfield County, Colorado You will note this policy does not list a deed of trust on Schedule B, and I hereby certify there are no liens on this property. Respectfully, Wendy Edwards, Managing Member 970/216-4844 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 (970) 625-3300 Phone (970) 625-3305 Fax Date: July 1, 2013 To: Pius Five, LLC 2278 I 1/4 Road GRAND JUNCTION, CO 81505 Thank you for your order. Enclosed please find the following in connection with our File No. 1303043: ❑ Commitment El Title Policy ❑ Endorsement ❑ Tax Certificate ❑ Other POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $105,600.00 Policy No. 81306-89180526 Premium $643.00 File No. 1303043 Date of Policy: June 5, 2013 at 7:59 AM 1. Name of Insured Plus Five, LLC 2. The Estate or interest in the land described herein and which is covered by this policy is Fee Simple and is at the date of Policy vested in: Plus Five, LLC 3. The land referred to in this policy is described in the said instrument, is situated in the County of Garfield, State of CO, and is identified as follows: Lots 3 through 24 Block 10 Travelers Highlands Subdivision According to the plat thereof recorded August 15, 1962 as Reception No. 218477 Countersigned: Authorized Officer or Agent sb NM 1 PA 10 ALTA Owners Policy (6/17/06) Form 1190-2 Schedule A Policy No. 81306-89180526 File No. 1303043 SCHEDULE B This Policy does not insure against loss or damage by reason of 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 and inspection of the premises would disclose, and which are 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. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 6. Taxes and assessments for the year 2013, not yet due or payable. 7. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 8. 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 and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 26, 1902 in Book 56 at Page 444. 9. Reservation of an undivided five -sixths (5/6ths) of all minerals and mineral rights, upon, under or appurtenant to the subject property and oil, gas and other mineral leases as described m deed recorded May 15, 1959 in Book 317 at Page 276 and any and all interests therein or assignments thereof. 10. Reservation of all oil, gas and other minerals and mineral rights upon or under the subject property as described in deed recorded August 28, 1961 in Book 336 at Page 239, and any and all interests therein or assignments thereof. 11. Reservation of all oil, gas and other minerals in, on or under the subject property and the right of ingress and egress to explore for, mine, drill for and remove any or all of such oil, gas and other minerals as described in deed recorded August 15, 1962 in Book 343 at Page 426 and in deed recorded August 28, 1962 in Book 343 at Page 569, and any and all interests therein or assignments thereof. 12. Terms, conditions, restrictions and all matters set forth in Protective Covenants recorded August 15, 1962 in Book 343 at Page 428. 13. All matters shown on the plat of Travelers Highlands Subdivision recorded August 15, 1962 as Reception No. 218477. 14. Right of way for access, ingress, egress and utilities over, across and through streets shown on the TraveIer's Highlands Subdivision Plat and covenants and restrictions set forth in Warranty Deed recorded September 7, 2005 in Book 1724 at Page 305. 15. Terms and conditions of Garfield County, Colorado Resolution No. 103 Series of 2008 recorded September 5, 2008 as Reception No. 755185. 16. Terms, conditions, obligations and all matters set forth in Travelers Highlands Subdivision Public Improvement District Rules and Regulations for the District and Bylaws for the Board of Directors of the District recorded December 14, 2010 as Reception No. 795718. Exceptions Number 1, 2, 3 and 4 are hereby omitted. American Land Title Association Owner's Policy Schedule B Form 2005-47 44 41 -s -s z1.0 3 q q 17ONI AND OMNI SMUT T.riR._tlV 00 Ina Mmliar W.d...a , Oi......dant. Oa& •� 1 TtlE UNITED STATES OF AMERICA. Certificate 110.-•- 1-1 J------ ..---- TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: i /, r (.1l Pf.. t .Rif I I Wbe.eas, J- ,,.�.�i.�l .!'4 / 5!11 I,-_�,k R_r._4�=!!a l j:Lar _W`rYu� v. ±i LL: ... �0 ^-} V 1/ I ' IN 3 ha._l deposited in the General Land Office of the United Stales a Certillaate of the Register of the Land Office at (_1�,C.f�:vvvU1T�G'�_�.�vii� :�st�S..ttLfJ-✓±o .+laereby it appears that felt payment has been made by the said according to the provisions of the .icl of Congress of the 2.4th of April, 1820, entitled "An set making further pro- vision for the sale of the Public Lands," and the acts supplemental thereto, for } t. i-� ( ' ,_ ,, .t_ v ,.i..i ( ? I L ✓,.& Ill-'. r l-�w ? l ,: a t (1 .L IL, i t__71,' c._ -z_ t k__,0_ r Lti r_ct_. -lit „,,iir j r<1.1 _ St.c,^ L.J 1. t- i ., .1.11 Lt, fu_R , L-Cn.a 1, v,,d,, �, . � �c--i��•�� r-'1 + x � V VI? Y � �� � 4 �.�� L.Lcr 1.f e,-� a� 1 . c ,,,,f.7 „rc-�,r d Ct t..�` O. �. � v 1 t?.,t✓.;J L � ��L, 1.,•L'c-:,- ; � ._ 4,q..,''._ �3�1. � � .�.e� v vr� ��" , �1.e. [.t ,.a lA,� . p g r� CS o'0t-t-i -:i',-L4-L4 .I t.i. _ . 4 r,a_{At_. C.Ck�N-[, CI LA({& /ii Li.., ..--1.4 _ � �L..,2i.4 Ls, -iii . CJ�T'_,a.t, chf✓4?'�jt.t„ { a `JL p r j ,k, r 9 a_ ‘j l r 4 r h Lt. {- is . v. t. i' , t r L- :iJ_{, C r..1.(x.-t A fel- ^-7 Rd_•:. ('.•<_itirr v k- 1.._•L` -E---, t p_l:.-t 0 t ---.[ .r 1i✓ ---' J CTW ✓.... -G• . �..,. l_ t� C c'- I. ' 1. (.' k ti(/N."��U -',, �..f- { r�.�;L ��-e-,.�L- O-6 t/wR_ 2L1/)C4 d'J ?•,. ,� �, f'...'1..:.k, .. f - `e Com-- t i.0 fi1,..te i r-,,-,., to � _ � ,. A. ^. _......:_J__...-4, '1 ,Tien 1_.C— "�-v.�.v�- rl. �'., J 1 according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said Tract_ .iur•: t -__been purchased by the , r'7wX v. -i il---64r-. .J it now Know Ye, Thal the, United States of America, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, have given and granted, and by these presents do give and grant unto the •_�='p_{A and to__ A10 heirs, the said Tract._above described: Co bare and to gold the same, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said n r! and to=:in heirs and assigns forever; subject to any vested and accrued water rights for mining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in eonnecti.vm with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law, and there is reserved from the lands hereby granted a right of way thereon. for ditches or canalsconstructedby the authority of the United States. 7a testimony W4e+ro1, I,_ fn P�-L�L'�:Ll-S YU tL-zLr> f. 1 President of the United States of Amertea, have caused these letters .`o be made patent, and the Seal of the General Land Office to be hereunto affixed. eivtn under my hand, a -t the City of Washi.n. etnn, the .f.Qr envt txf j$t�L nT� say of._r_r tt,LMr_... -. in the year of our Lord one thousand nine (44,hundred and , �k and of the Independence of the United SEAL- W States the one hundred andlpivlrt_l1 arCeY �..___ a1'4' B! toe Prtsidentsj . Azt P RSL Lem By ;_...........`'KA.A-� ........ ---__A.._Secretary. nn ,,,{{n�/ �, � �'o C c races l ! ._t[.t vJ/t vL� l Recorder of the General Land Office. Reooededn o&.7 Page.3 u -) that for Record thei! zie.tt>^ ._.}Q ,z day of}r'ut na .- .4. D. 1809, se; By t 1 Dir til o'oloek 1 Book 317 Recorded at_ 1;.20.._.- o'clock -..P_._..»., Nay -151--1959 Pags 276 ........Cha_5.:_:.Keega11 ... - _. Rrcorder. Reeeptlon xo.�.393----- Tms DEED, )lade this 14th day of May in the year of our ford one thousand nine hundred and fifty-nine between ANNIE H. ESHE of the of Coiondo, of the first part, and CHARLES P. CASTEEL, ERVEN T. LARSON and NEIL S. MINCER of the County of Garfield County of Garfield and State nocuMF'.I Rr and State of Colorado, of the second part: WTTNIIS8ETU. That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, c 61-•. a. to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha * graai,ed. Laxgelaz.l a :d =�' _nye,'ed. e•rld t 9 *1 ,. peeamconfirm, ta do e8 grant. bargain, sell. convey and conrm, unto the said part ie8 of the second part, their Lein and assigns forever, an the following described lot 8 or parcel 8 of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SE}NW}, the NE}SWI, the-NV4}SW} and Lot 2 of Section 27, Township 7 South, Range 96 West of the 6th P.M. The SW}SW} of Section 27, Township 7 South, Range 96 West of the fith P. M. except thst pert of said SWISWI southerly of the southerly boundary of U. S. High way No. 6 and 24. That part of Lot 1 and of the W}NEI of Section 27, Township 7 South, Range 98 West of the 6th P. M. , described as: Beginning at a point on the westerly boun diiry line of said WINE} 285 feet southerly of the North quarter corner of said Section 27i thence S. 59.351 E. 248 feet; thence S. 22.58; E. 285 feet; thence S. ''.":61TAiri E.. 178 feet; thence S. 23.351 E. 290 feet; thence S. 63°541 E. 289 feet; - `tbsi ca L' 51'44' E. 545 feet; thence S. 47°471 E. 378 feet; thence S. 29°09' E. c'fst•if tii thine', S. 74'13' E. 121 feet; thence S. 49'37' E. 170 feet to the North- :te ."Wesrly bunk of the Colorado River; thence southwesterly along said bank of said River_ta its intersection with the south boundary Line of said Lot 1;: thence wes- terly along said South boundary line to the Southwest corner of said WINE}, and thence northerly along the westerly boundary Line of said WINE} to the point of bei That part of the SEISE} northerly of the southerly boundary of the right of wa of the Denver and Rio Grande Western Railroad in Section 28, Township 7 South, Range 96 West of the 6th P. M. The SW}SEI tatRection 28, Township 7 South, Range 96 West of the 6th P. M. except that part described as; beginning at the South Quarter Corner of said Sec- tion 28, thence northerly along the center line of said Section 28 a distance of 378.2 feet, thence S. 34° 28' E. a distance of 459 feet to a point on the southerly line of said Section 28, and thence S. 89. 26; W. a distance of 253.49 feet along the southerly line of said Section 28 to the said South Quarter Corner of said Sec- tion 28, the point of beginning and said excepted portion containing 1.08 acres, more or less. All that part of the NINE} of Section 33, Township 7 South, Range 96 West of the 6th P. M. described as: beginning at a point on the north line of said Section 33'whesc! the North -Quarter Cour of said -Section 33"benrn S. 69` 26' vr'. s .4, . distance of 253.49 feet,- thence S. 34. 281 E. a distance of 864.1. feet to a point on the northerly line of U. S. Highway No. 6 and 24, thence N. 55° 321 E. a distance 0.1287.99 feet along the northerly line of said highway to a point on the northerly F..': line of said Section 33, and thence S. 89° 26' W. a distance of 1557. 1 feet along 6 : lie nsstaerly line of said Section 33 to the point of beginning, and containing 12.31 7g�lMt Og' less. ver whir all wain', ditches and water and ditch rights beloe;ing to, or VOMMOStlanidetMirstItost ale IOW. i8*siwr:A6 sad right' et *ray for highways, railroad and trans- - ,. /61•1. t. �. howevir, an undivided five -sixth (5/6ths) of all minerals ifs and aaiMtril ruts upon, ruder or appurtenant to any and all of said lands above C'41 denorfi6ed, it king the intention of the parties hereto that an undivided one- , ""`F.17 - •' 10104 [i%gthj ed all al rri 1a are conveyed hereby and a like interest in all oil d's or °titer m naris Vase. now effecting any of said landa and all rights to radsls sad malty or otl r benefits thereunder. •ll)GE•I.11};1; y.i:1: a!! and s:r.gu!ar tF,.• trertd:laments and appurtenances thereto belonging, or in anywise rrt :r.inr. and tS r. ve r<io:r aril re.er: ion:. remainder and rernlinders, rents. issues and profit; thereof; and all of the first part. either in 1.:' ri_;.,• littr•• torr rc>t, ci::im and dcriard e.hat.rxcer of the said part jr with the h.ercditantents and : !'.rtcnances. . •,.i�.•, i.f, it ::.t to tS:r• above!, �rgaOrcd 1•rt:ni<c=, .. .. - --_--- ---_ — -- - —` 11•.. 1: b r Ti•e• L -.al I. t� trUt V's U}. t.f.—F..r i i.••:..., .;.`-� •- TO 11:11'E .1\11 TO 11111.11 tl:• said pii t.i-. _, aJo i•.iinaimd ; n•. t• -cur,. . n:th ti.•. appurterar., <, unto ,r,<• .,s the sccnt..l partliWir i:. tr. and :.r_ , r.... ever. .lr.1 the =Aid p::t y of the first part. r 111• t' -c1f ,!e t' he r.. tae_t:,r r.•. r.. - ..:oi-..1..CS . dice to and with tfc raid partICS oI the srcond i iia, their "•:Cii; an:: a i;n_, that at the titr.e of t`. -e I f r:. Sa• lti : . •. •: f , t..r` and ir•!.-:c:: i ,i ut..:c ui ::a!:• ri:.: • e, r 1....:r: ic.• -itr...• .:.... :.. i 1a -. ff.1 .roti "ri t; to grant, i.argai:. se!i ar.d ecr.ve the Fane in ni::r.r.e ..::i '••:''i :. •..`o:e ::i :.:. . 71 .:t :.._ -.rr :1c frr-e and c!ca hold :ril f.•ru'•-r an.,1 n: r t.r: r.t i-:urr:t:' .sale.:, !a: ;a :e n'- a- r. ..:•',rar.cr- • f . r kind r: :shirr r..cvrr except the taxes for 1959 due in 1060, all oI witch the grantees herein assume and sul.;ject to any oil and gas lyases of r:cord. and the above barg:aned prc::tises in the quirt and peaceable possession of the said part iCS of th•_ second parr. their heirs and assigns against all and deny person or per,or.s lawfully claiming or to ciai:n the nhr'e er any part thereof, the said part y of the first part shall and will 1ti'ARP..1NT .1NI) FOF.EVER DEFEND_ IN WITNESS \vHE1;F:C1•', the said part y of the first part ha S hereunto set her band and scat the day and year first above :mitten. �. zzizr.t.d. Se:.] d and 1r.0.:,..•red in Vie Pre -e: -.e . f J. STATE OF t'OLO1 AU'}. 1 fount_ of Garfield 1 The inatrunient was acknowledged befe.re me this A. D.0-59 ,ty ANNE U. E3IIE, iy Commission expires August 2 r - .• y. i : • . _ _ . S t_,•v 1-h day of ?—ay , 1960 . Witness may hard ar.d official seal. :Votary- ob:ie. i-• 1 1?k Page 277 I 1 It.}1. ..or. cf th.• sunt of IYQI>I).141% Y .,; ti:••second part.. his S :1 -in, ani 1•eing a iii L.1:1'.): (...,./1••1,_,:0. t•)' ;;.:,._,•! • :zoundar•: of the right u ,{ in Section :i,n�e i1�fCJ VL LCSZ 63th — • . South '.ivarter Co: -:ter o: • _i;,-, of said Section 2e a dis- ". of 459 feet to a point on the =`1'261 W. a distance of 253.49 the _�:.id South Quarter Corner •_>.c•_}}ted portion containing Yn={ii❑ I South, Rand Sri :joule on the n3:•th lilte of said i or 3< baa,. S• •+g ?6' �t vi 'L _. -- : ..::c'. of 86;.1 fee' to a point c 53'32' E. a -lis- ;id ili_h•,cav to a point on the 110int of b.e`- i11r.in_, and con- . :. F. d aitch rights belor.cing to,- , — _ o::.,nit1ti..�.��, •,:iL•oad and and m t::: al gilt:= in, •.. {;on and .• _ : .:_ _tot. -p ince ,1 4FII-1' •uf:.:,':r't' "'= appj}terarre= th,reto i,tlonging, or in anywise ..:1 .•i,..:• r �.c.;ev.. 1�.^is, i=� yes ar.d pr. -fit= thereof: anl all •• t of the firet part. eit!:er In l+R --.,••••_•- -• _ •_,,,,•: ,.•.1-..-e rich :... . rr d..tan-ent' and appirttnance \ it 1,, .., 1n.., .:-1 . •1. bB:.ak,. Drover. Book 336 Pa;e 2 4,.0 TO HAVE AND TO HOLD the said prcmis,s above boo gairtd and doer,. :i •.•,i, n.... 11:, ap;ur:, nar, said part y of the second part, his heirs and asa;;ns forever. And. the -.. i p.,:: le^< }'.c for therrbeives, their heirs, executors, and administi otos-. do nt. ce.e• and agree to and with the said part y of the second part, his heirs ar.,l a<.:w:::. thst a: lb,. ensealing and delivery of these presents they arewell seized of the premises above ,, n., ycd. a.= of e••.• i •.a.. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. and ha ve c. -•d r••,ne. i and lawful authority to grant., bargain, sell and convey the Fame in manner anti form as .: , c :.i +. a•.•'.: hat e =, are free and clear from all former and other grants. bargains. sales• liens, taxc a- . - •..,t- ...•i 'i., .•• ,..•., whatever kind or nature soever, except taxes for the year 1 961. • and the above.bargained premises in the quiet and peaceable possession of the said part y of the -second pall. his heirs and assigns against all and every person or persons lawfully claiming or to claim the wh •:.. or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREN'ER DI•:FE\It- IN WITNESS WHEREOF, the said part ieS of the first part ha ve hereunto set their hard - Signed Sealed and Delivered in the Presence of 1. . _ l 1✓-� I=.II j and seal s the day and year first above written. STATE OF COLORADO, • county of Garfield lL] - -„711sAceegoinglastrornent was aelmowledged before me this 15th -day at — ..1=4 Augus t -,-_-A.'11.i9 `rt; '; *:_ RYgN-T.:.LARSON and NEIL S. MINCER_- � rp L -' . „; y January 21, yy 62 , Witness may band and official seal. t:;c �..pU L1C =; e. Y= �f doe-s�e._•e- �.���i�xr•�C 1'. - i t'- .- —. _ - / Notary Pubne. !_L_ - 1 0 0 • -w ¢ a 5 PC E 1. t. . .74 3 $ook- - 343 - - - Aub 15, ±9 2 Page 26 Recorded at. 10: 25-- -,•dck- -. - - Reception No 24476 Cttas. 5. Kee�an THIS DEED, Made this _-2O 34- Pa e 420 10th `r'f - - August rear of our Lord one thousand nine hundred and sixty-two CHARLES P. CASTEEL of the County of anI GAE7 ELD 0II,, LAND AND DEVELOPMENT, INC., a Colorado corporatio between Garfield and State of Colorado. of the first part, of -the - • County of-Garf ield —and State of Colorado, of the second part; WITNESSETH, That the -said -party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUJABLE CONSIDERATION Behbr4AE, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged ha s granted, bargained, sold and con- ;eyed, and by these presents do es • grant, bargain, sell, convey ana coafiiin unto the- said -part -y of the second part itlbei� and a n gna1orever, all the following described lot or parcel of aitaate, lying _and being iathe • County of Garfield - and State of Colorado, to -wit: A tract of land located in Section 27, 24, arid 3,'p;jS.,.t._96_-west_of_the_6th•P.14.,. described as beginning at a point which is•located N. 1°55' K. 572.57 feet from the section corner common to•9ections . 27, 28, 33 and 34, aforesaid township and rangerthence-N. 55°32' E. 510..44 feet; thence N. 34°28' K., 561.04 feet; thence N. 88°22' S., 128.47•feet to a point on the section -line Common to sections 27 and 28, aforesaid township and range; thence N. 88°22' E., 173 93 feet: thence S. 55032' W., 2361.54 feet to a- pcint on the section line common to Sections 28 -and -33,-_ aforesaid_ --- townihip-and ranges:thence 8. 55°32' K., 204.37 feet; thence S. 34°28' x.;.735:01 feet; thence.N. 55°32' B., 1289.28 feet to a. point ections 28 --and- 33;--aforesaid-tvwnahip— and range, •n'i a point _S..89°26' N., 865.22 feet from the coon section.corner heretofore refereed to; thence N. 55°32' E., 1026.28 feet .to the point of beginning. • Resery .g, --however,_ un o_,gran or - • to prior -Owners; as their interests_mayappear,-all oil, gas, and other minerals in, on or nn3er--said--lands-}tad -t3 e_right of egress and egress to explore for, dull for, and -remove any or all_of such.o11, gas,_and other .i.ier-- And,-subject to all patent reservations and restrictions, to easements: of-record-or-ia-use.-and to the 1962 taxes payable in 1 3, Which grantee assumes..and agrees to pay. No. 832.-.- wiL>reax•r1 mis. =e►. Er,d: aa6tnMn Ptz: va. fug, s e-. . t.qd E'.ant.. 13 I stove 6s., D.,.,r. Cr io. • V•I; J.; - •i ;• • •i •i- appurte- GARFIELD OIL, LAND AND DEVELOP;I.EN.T, INC. ; .1:- • 1 t S CHARLES P. CASTEEL par, Y 5 SOL ;,t n.t• rt part. - him...Lf, • h S-- 4 - f.-nt-pn•-mt 1-1-41-p•air; successors its and asiens, that at the ••:' •• • .1 1 :L1;;, he is well seized of the premises cou.i-eyR:d. a-. absolute anti indefeasible estate of inheritance in law, in fee 3.,‘,..r.• and lawful authority to rant, bargain, sell and convey the Sar,. ioario•-i- 311.1 ti.t.• same are free and clear from all former and other r'1.11•11›. 1.1: t;;. lases. and itienaihr.i.;;ces of whatever kind or nature soever. and the above bargained premises in _ SILICCQ S sors and p,a...a1;;;;.p-..;s.,,,sivooi tLe .;:tit.1 part y _of the second part its —hews and ii.i.--‘,-ry p----r,,rt pr persons firm -fatty daimin± or.to claim the whole or any part 11.er. of, th.• said part y of thc first part shall and will WARRANT AND FOREVER DEFEND. iN \\TINE:4s' Will'.1:1-:1:)F. The said party of the first part ha s hereunto set his 1 and --al tli;• ; ay and y;-ar tirst above written. Signed. Sealed and Delivered in Presence of • _ ?1 t- - , • STATI Win Al kSOWI.Vb•GME 1927 [SF A7 [SEAL] 7.1 si'ATE Garfield. :vas i1 l.icd before tf/' day of August 1.., 62 .1.y• Cnarles P. Casteel. \N" It!- ti riy haul :11:;1 0'71, zr al !it)h11.T -;.;r.s y:•••.!s s.'zy •.• rs• •• •: -...;,......rete-hre Or offic'.a/ caczerS cr •N att.,7107-421-11,1. ;.d.ert •E•r.-• ••• Att...red-y-,;•!le. 0; rt•er r .1 y oftwer *1 ecrprraliortthem itts..rt Name a math eff,e,.., ad the rrev..!;,! :;!f•. -..t • .rh n, r.•,:eg it 4 hook 343 Recorded Aug 15, 1962 at 10:45 A. M. Page 428. Reception No. 218478 Chas. S. Keegan—Recorder PROTECTIVE COVENANTS TO RUN WITH THE LAND COMMONLY KNOWN AND PLATTED AS TRAVELERS HIGHLANDS SUB -DIVISION (Section No. 1) IN THE COUNTY OF GARFIELD AND STATE OF COLORADO FiHEREAS, it may be some years before county zoning in Garfield County, Colorado, may be recognized and accepted; and WHEREAS, the lands hereinafter described are in need of zoning protection; - NOW, THEREFORE, the undersigned corporation, being the owner of a tract of land known and platted as Travelers Highlands 0,-Div_i:ion. (Section_tlo. 1) in the County -of_ Garfield and State of Colorado, does hereby covenant and agree- that -the-nse-of-that tract of land, as hereinafter de- scribed,-ehall be restricted by.the terms and conditions as hereinafter set out in this declaration of protective covenants, subject to which all conveyances of lots in said Sub -division will be Hereafter made, the covenants herein set out being common to all the_lots in said sub -division, except as herein expressly provided. Said corporation further covenants and_agrees_herein that the hereinafter set out restrictions shall be binding upon this corporation, its successors and assigns. The sub -division and 'area affected hereby is the .following described land,"to-wit: —TICE-1 through Block 12,' both • inclusive,.Travelers Highlands Sub -Division ' (Section No. 1) in Garfield County, Colorado.- _ 1- 3oo3h3 Pae 429 the land :f_by is hereby 10.,ed to be constructed trailer eburts, ^-)tor vehicle filling stations, cafes or restaurants, and mars or lounges, and -no property in— .i �<::.—moi lei rsr7lt used for any -other -purpose other f 1 7,4 and necessary facilities to any one or more of the dove described uses, including, but not limited to all retail stores and service establishments, and parking for all siich uses; provif:ed, however, that only in that part of the whole area heretofore described as being within Blocks ---- 4, 5 and the South 1/2 of Block 12 shall it be permissible nd a in -that rArt t�F toirave _rur, stopsor �-rue3-pr��g� a Iriy the .hole area heretofore described as being within Blocks_ 1, 8, and 9 are trailer parks to be permissible. 2. These covenants are to run with the land and - shall be Uinding on -ail parties-and-all---f+r,rSons-claiminq under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants 1.P extended for successive periods of ten years, unless an instrument signed by a majority of the then owners of'the lots has been recorded agreeing to a change in said covenants, in whole or in part. Should state, county, municipal, or a combinatioti,thereof, zoning_. • Hook 343 Page 430 be adopted, and the area above is zoned by said authority, these covenants shall be deemed no longer of any force or effect, and such zoning by such authority shall be deemed to supersede these presents in their entirety. 3.- Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 4. Invalidation judgment or court order other provisions, which of any one of shall in nowise shall remain these covenants by affect any in full force of the and -effect. EXECUTED at Glenwood Springs, County of Garfield, Sta ---_ ,--th-i4/ ' - day_of_Auguet, 1962. - ATTFST: GARFIELD OIL, LAND AND DEVELOPMEi.NT, INC. ByP/-stit<1-jr, 1%x/:(fl/ 1 ' President Secretary STATE OF COLORADO, ) ) Ss. • COUNTY OF_ GARFIELD. ) The above d foregoing instrument was acknowledged - . .before -thiW 7'3oday of August, 1962, by Charles P. Castell, -as president, -aridJ. Castsel„ Setretary of:Garfield Oi1, Land -and -Development, Inc., a Colorado corporation. My -'commission expires: My mm ;iss?on expires may 2q 1463 _ _ . WITNESS my hand and notarial seal. -3- • • • Notary Public • I - I) 1 �.- ',AL',1.- ..S P. . _.STFr:-. August in Ike year -of Garfielu ;e•i gra Or Colorado.. of the first part, GARFIELD OIL, LF,ND \ND DEVELOPMENT, INC. , • a Colorado corporatio A Garfield ars i S at.• of Colorado, of the second part; Y r a::•1 in erc.ideratiou of the sunt of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION BB�htAR, !,. '1..• • : i i ;r y th.. firs: part n: i:and paid by ti:e said part y of the second .part, -the -- r ,l.t v. her. r, In r, Lr e.ntf, ...• 1 o.•1 a. ktiot-l..1.•••(I ha s 1 • - :ranted. bargained, sold and con - by 11,. ,f' es i....•nts do es —. -:u— - -_ - - t:', bargain, tic'.l. convey and confirm unto the said part -- $UCC SSors of Ow •;,-,-..11 1 1:.trr it9:•••trc and a.:.,Lreis for-vpr. all the fnllowina described lot or parcel f land. . t l.,t.•, l Lit r ,..;•i 1,• in in Cie County of Garfield and `1:,1,• nr 1' t -mio• ti. grit. A tract of land located in Sec€ion- 27, 28, and 33, Tp. 7 S., R. 96 West bf the 6th P.M., describe as -beginning at a point which is located N. 1°55' W: 572.57 feet from the section corner common to Sections 27, 28, 33 and 34, aforesaid township and (range; thence N. 55°32' E. 510.44 feet; thence N. 34°28' W., 561.04 ,feet; thence S. 88022' W., 128.47 feet to a point on the section line common to sections 27 and 28, aforesaid township and range;,thence S. 880221v;., 173.93 feet; thence S. 55032' W., 2361.54 feet to a point on the section line common to Sections 28 and 33, aforesaid township and range; thence S. 55°32' W., 204.37 feet; thence S. 34°28' E., 725.0 feet; thence N. 55°32' E., 1288.28 feet to a point on the section line common to sections 28 and 33, aforesaid township and range, and a point S. 89°26' W., 865.32 feet from the common - section corner heretofore referred to; thence N. 55°32' E., 1026.26 feet to the point of beginning. Reserving, however, unto grantor and to prior owners, as their interests may appear, all oil, gas, and other mir-erals in, on or !un.er sa a ands and the right of ingress and egress to explore for, mine, drill for, and remove any or all of such oil, gas, and other minerals. And, subject to all patent reservations and restrictions, to easements- of -record or in- user, and to the 1962 taxes—payable in 11)63, which grantee assumes and agrees to pay. oeK 31. Page The re-recording by or=.nteeee'.aC change in description. TOGETHER with all and singular th.. anywise appertainu .: n l the rec-er;imu an•t tt..-of awl ail tl. estate. 1-1,21:..- , pru;its part Y of the fiat part either !.t. the hereditaments and appurtenances. _ _ - TO HAVE AND TO HOLD the said premises above bargaincd and ,b,s,rib,.1. naneca unto GARFIELD OIL, LAND AND DEVELOPMENT, INC. , heeecscan i a5sr ns forrc.r the said part y of the second part its Aad'tbe said CHARLES P. CASTEEL--_---__--- l 1 :•. apptirtr part Y of the Srst part, for him sel f, his heirs, executors and administrators, do es covenant. =rant. bargain _ successars- and agree to and with the said part y of the second part, i .s Jie.irr; and 5 i lis, that at tkur time of the ensealing and delivery of these presents . he •is well seized th•• i�=.:a.s•.s above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in tee simple, and ha 8 good right, full power and lawful authority to grant, bargain, sell and convey the same in manner -and form`aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. and the above bargained premises in successcls the quiet and peaceable possession of the said part y of the second part its assigns, against all and every person or persons lawfully claiming or to claim the whole or any part _th td-isrt-y oIThe first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part ha s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in Presence of 1 STkTtiTOaT-►CINORLtDGYZNT. SUWON 11177 2 [SEAL] [SEAL] ..[SEAL] ,[SE41,} -STATE-OF COLORADO, la - The foregoing instrument was acknowledged before me this / 5-6 day of August -pa 6_1_0)�;_ G1�arlas l?. G38tee-- 'i i hand and official seal .epmmisaoQ ezpira ores 11q 20, 1963 . s by asasnl Peso et Daso.s Lee tssert same or amass: tf by Paraos aettt >a r rs.statr. o. ofncial eapaeitr er .. ■rarnn-ru-tact • Om Wert Sins Fe versos u sssatar. stforseYtsfuC s attar capacity m dscriytloa : tf br offs.' of mryoratba. dr. 1,..rt alms of . eh ... - or .1; as bbs presides! or weber efrkrrs of Fitt mrpotsOoi. namtaS te. :« tt'nblte_ 111111 11111 1111111 MENA 111E1E11 HIII 1111 681758 09/07/2005 02:07P 61724 P305 M ALSDORF 1 of 3 R 16.00 D 85.00 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made on this 2nd day of September, 2005, between GARFIELD OIL, LAND AND DEVELOPMENT, INC., a Colorado Corporation of the County of Mesa and the State of Colorado, Grantor, and DAVID HICKS AND CONNIE HICKS whose legal address is: 2520 S. Grand Ave., Suite 210, Glenwood Springs, CO 81 601 of the County of Garfield, State of Colorado, the Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of EIGHT HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($850,000.00) the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as: 169 Lots in Travelers Highlands, Parachute, CO 81635 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the grantees, their heirs and assigns forever. And the grantors, for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, hens, taxes assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO general taxes for the year 2005; those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee in accordance with Section 8a (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee in accordance with Section 8b (Matters Not Shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any, and SUBJECT TO the following restrictive covenant: Grantee acknowledges that streets shown on the Traveler's Highlands Subdivision Plat have been declared public by the County Commissioners of Garfield County, Colorado in Resolution No. 05-05 recorded in Book 1655 at Page 217 in the records of the Garfield County Clerk and Recorder and that Grantor claims a right of way for access, ingress, egress and utilities over, across and through said streets to and from adjacent lands owned by Grantor. Grantee hereby covenants and agrees that it will not ,Z Ltb'4,466:( 420 S'. c1 t 2i et Curr x<= --i eros r 111111111111111111111111111111111111111111111111111 II11 681758 09/07/2005 02:07P B1724 P306 M ALSDORF 2 of 3 R 16.00 D 85.00 GARFIELD COUNTY CO abandon, relocate, or interfere with the use of such streets, or apply to vacate or relocate the platted streets, without (i) providing advance notice to Grantor and (ii) providing Grantor equivalent or better alternate access and utility rights of way. This covenant shall run with the land and be binding on the successors and assigns of the parties. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. above. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth GARFIELD OIL, LAND AND DEVELOPMENT, INC., a Colorado corporation By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) le J. Cas�eel, President The foregoing instrument was acknowledged before me this 2nd day of September, 2005, by Myrtle J. Casteel as President of Garfield Oil, Land and Development, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: Escrow # GW246005 Title #GW246005 Notary Public ELLEN M. LIPSCOMB NOTARY PUBLIC STATE OF COLORADO My Commission Expires Sept. 21, 2006 When recorded, return to: c/o David Hicks 2250 S. Grand Ave., Suite 210 Glenwood Springs, CO 81601 1111111111111111111111111111111 11111111111 I111I 11111111 581758 09/07/2005 02:07P B1724 P307 M f1L5DORF 3 of 3 R 16.00 D 85.00 GARFIELD COUNTY CO EXHIBIT A LOTS 1 THROUGH 12 BLOCK 1 LOTS 1 THROUGH 12 BLOCK 2 LOTS 5 THROUGH 10 AND LOT 12 BLOCK 3 LOTS 1 THROUGH 12 BLOCK 4 LOTS 4 THROUGH 21 BLOCK 5 LOTS 3 THROUGH 8 AND 17 THROUGH 24 BLOCK 6 LOT 1, 5 THROUGH 9, 11, 12, 16 THROUGH 18, 20 AND 21 BLOCK 7 LOTS 1 THROUGH 10, 11, 12, 13, 15 THROUGH 24 BLOCK 8 LOTS 1 THROUGH 24 BLOCK 9 LOTS 3 THROUGH 24 BLOCK 10 LOTS 5 THROUGH 16 BLOCK 12 TRAVELERS HIGHLANDS SUBDIVISION, IN THE COUNTY OF GARFIELD AND STATE OF COLORADO ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO AS RECEPTION NO. 218477. COUNTY OF GARFIELD STATE OF COLORADO Form EXHIB[TA 01/17/03 GW246005 srA/1/ 01/1/75 R.4/4J tflA57, OF0,RF/Et Roberto ,9,,e11-1999, Ss, - 5 ass' sess 1 a 1 I I 'lk✓ <., L. 11 59 'a..7 -..Ll. 5. -i tGSa4`'Z'," -1 Rio. rs 4 2_4 -off vfdsd arm., as 91,1c191 pF 74040/'490 A'TY CFC4,4474 O : -- rais sibs, e 48 M o,mb., ?... _.-t(/FNE55 TI -?AVE .9919.99, 10 11 MAG .4 i34 F,50,X5 NO =GHLANDS SUB—DIVISION THE H07E,. --HOTEL COMPLEX OF 4 E CITY, COLORADO LOCA ''r c '1./' SECT/ONS, 27,284'33 7 .; s, to .6; w Or ,>H£ 5 TH. ' M. GA F£'.GG COUNTY, COLORADO o )0 '•.3 /7 1 1k - to (b 5 i t( 22 $A } t , 7 I l9 ee 11 �11 tS f tY .v �. 19 1 T 3 Lk 1i o ,,7490 .44:'+ Of N£LOPr+?L--"NT, 4 U! r/ noir fhs ,e/d t y -Cite; • San/ enspbir-.Fos L Taw' ,a has roasrai'- ,of PNi0 C 75d .,flhAr c� cd and avhditahed as ,5¢ eon shfl.#lN;, does ded° ca."e fo 'ate fw'. s/Ace, he%4DlY .adrhrQ a,thatad iSe-MI6 ccscofian tieing »ndc r'aw, fir pihA+c +4Yr Pf�ir 4 4/ S s Gt e744 a. s'2/6' /ts' / w609 09941 -r r/40 , ai' deer; x5071, ssasss sae/ be ma a s ,arve-sets ` /4a O'//4 saws Phe; 444, 840,4,4 Sai,444/ rhm a//eve Phc sahie were /vca/ada/h4; rose IN F /TN555 484/ 8EOI' 4/44`,5p+c' ' , ns3gal: f rs7`ateaara4 ,' he aheaar8d b++ -5 5' d �':! O:� COLOR400 aa ae Aha.laa_aiar .77a4,, .,asseahae, and/1/74/ 6AY00/EW0 0/L, LN. i41/ SS my Awed rr sd / 8!' 70M/50,nn .3'3,4,4e4 r _fr7 ■1111111. Qit.1W1 X141,141, fie ' ,l 'r`,1N 11111 Reception#: 755185 09/0512008 09:53:51 AM Jean Alberico 1 of 6 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO COUNTY OF GARFIELD, COLORADO RESOLUTION NO. 103 SERIES OF 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, COLORADO, ESTABLISHING JURISDICTION; ORDERING QUESTIONS OF THE ORGANIZATION,MILLLEVY, AND DEBT AUTHORIZATION SUBMITTED FOR VOTER APPROVAL; DESIGNATING THE COUNTY CLERK OF GARFIELD COUNTY AS THE COORDINATED ELECTION OFFICIAL; AND APPROVING THE PROPOSED BALLOT TITLES FOR THE ELECTION FOR THE ORGANIZATION, MILL LEVY, AND DEBT AUTHORIZATION OF THE TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT WITHIN THE COUNTY OF GARFIELD WHEREAS, on August 6, 2008, in compliance with the "County Public Improvement District Act of 1968", C.R.S. § 30-20-501, et seq., as amended (hereinafter the "Act"), an Amended Petition to Organize a Public Improvement District (hereinafter the "Petition") was presented to the Board of Commissioners of the County of Garfield, Colorado ("Board") for organization of a Public Improvement District to serve certain property located in the County of Garfield, State of Colorado, known as the Travelers Highlands Subdivision and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Proposed District"); and WHEREAS, on September 2, 2008, the Board held a hearing (hereinafter the "Hearing") to determine compliance with the Act; and WHEREAS, at the Hearing, the Board found that the Petition has been signed by at least thirty percent (30 %) of the electors of the Proposed District and that the allegations of the Petition are true and presented in conformity with the Act; and WHEREAS, at the Hearing, the Board determined that the proposed improvements will confer a general benefit on the Proposed District; and WHEREAS, at the Hearing, the Board determined that the cost of the proposed improvements will not be excessive as compared with the value of the property in the Proposed District; and WHEREAS, the Board has determined that the entirety of the Proposed District is located within the County of Garfield, State of Colorado, and falls within the jurisdiction of the Board; and WHEREAS, to cover the costs of its proposed improvements, the Proposed District plans to issue debt for which voter approval is required, in compliance with the "Taxpayer's Bill of Rights" ("TABOR"), Colo. Const., art. X, § 20; and WHEREAS, pursuant to C.R.S. § 30-20-508, the petitioners of the Proposed District wish to hold its election (hereinafter the "Election") for the organization of the Proposed District and for the issuance of debt for which voter approval is required under TABOR in conjunction with the 1111111.1411,11,11.1411,141rikiiiirrihNIVVIIrliki RN 11111 Reception#: 755185 09I05I200B 09.53:51 AM Jean Alberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO general election to be held on November 4, 2008; and WHEREAS, on September 2, 2008 the Proposed District and the Garfield County Clerk and Recorder (hereinafter the "Clerk") entered into an Intergovernmental Agreement (hereinafter the "IGA") to set forth the tasks to be completed by each of the parties for the Election; and WHEREAS, in compliance with the terms of the IGA, the Proposed District must designate a natural person to act as its "designated election official" for purposes of the Election; and WHEREAS, in further compliance with the terms of the IGA, the Proposed District must prepare the ballot titles for the Amendment 1 notice; and WHEREAS, pursuant to C.R.S § 30-20-508, the Board desires to act on behalf of the Proposed District to order that the questions of the organization of the Proposed District, mill levy, and debt authorization be submitted to the electors at the Election; to designate the Clerk as the designated election official; and to set forth and approve the ballot titles for the Amendment 1 notice for the Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, COLORADO, THAT: 1. The Board incorporates the foregoing recitals as findings by the Board. 2. The Board hereby orders that the questions of the organization of the Proposed District, mill levy, and debt authorization be submitted to the electors in the Election, to be held in conjunction with the general election to be held on November 4, 2008. 3. The Board hereby designates the Garfield County Clerk and Recorder to serve as the designated election official for the Election of the Proposed District. 4. The Board hereby approves the following questions for the Election ballot titles: A. TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT BALLOT QUESTION NO. IA SHALL THE TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT BE ORGANIZED, HAVING THE FOLLOWING DISTRICT BOUNDARIES: ALL OF THE TRAVELERS HIGHLANDS SUBDIVISION, TRAVELERS HIGHLANDS SUBDIVISION PLAT, RECORDED AUGUST 14, 1962, AS RECEPTION NO. 218477. B. TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT BALLOT ISSUE NO. IB SHALL TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT TAXES BE INCREASED BY 50 MILLS ($42,849) IN FISCAL YEAR 2009, AND THAT AMOUNT PLUS INFLATION AND LOCAL GROWTH IN EACH YEAR THEREAFTER OR SUCH LESSER AMOUNT AS THE DISTRICT'S BOARD OF DIRECTORS DEEMS NECESSARY TO PAY THE DISTRICT'S ADMINISTRATION, OPERATIONS, AND MAINTENANCE EXPENSES; AND AS MAY BE NECESSARY FOR THE PAYMENT OF AUTHORIZED DEBT INCURRED BY THE DISTRICT AND 1111 IA PIF. J4,HIl,U+G!,141,111Milri ii'IAI ' IN 11111 Reception#: 755185 09/05/2008 09:53:51 AM Jean Rlberico of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, BY THE IMPOSITION OF AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION TO PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF SUCH TAXES AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2009AND IN EACH FISCAL YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? C. TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT BALLOT ISSUE NO. IC SHALL TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE FULL AMOUNT OF ALL TAXES, TAX INCREMENT REVENUES, TAP FEES, PARK FEES, FACILITY FEES, SERVICE CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY OTHER FEE, RATE, TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW OR CONTRACT TO BE IMPOSED, COLLECTED OR RECEIVED BY THE DISTRICT DURING 2009 AND EACH FISCAL YEAR THEREAFTER, SUCH AMOUNTS TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE AND BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY SUBSEQUENT YEAR, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? D. TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT BALLOT QUESTION NO. ID SHALL TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT DEBT BE INCREASED $1,000,000 WITH A REPAYMENT COST OF $2,040,000 OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, STREET IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO CURBS, GUTTERS, CULVERTS AND OTHER DRAINAGE FACILITIES, UNDERGROUND CONDUITS, SHALLOW UTILITIES, SIDEWALKS, TRAILS, PUBLIC PARKING LOTS, STRUCTURES AND FACILITIES, PAVING, LIGHTING, GRADING, LANDSCAPING, BIKE PATHS AND PEDESTRIAN WAYS, PEDESTRIAN OVERPASSES, RETAINING WALLS, FENCING, ENTRY MONUMENTATION, STREETSCAPING, BRIDGES, OVERPASSES, UNDERPASSES, INTERCHANGES, MEDIAN ISLANDS, IRRIGATION, AND A SAFETY PROTECTION SYSTEM THROUGH TRAFFIC AND SAFETY CONTROLS AND DEVICES ON STREETS AND HIGHWAYS AND AT RAILROAD CROSSINGS, SIGNALIZATION, SIGNING AND STRIPING, AREA IDENTIFICATION, DRIVER INFORMATION AND DIRECTIONAL ASSISTANCE SIGNS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND APPURTENANT FACILITIES, EQUIPMENT, LAND AND EASEMENTS AND EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED EIGHT (8) % PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO 1111 I Q4! t 14 I , .1% JriIY H , 0111111 Reception#: 755185 09105/2008 09,53:51 AM Jean Alberico 4 of 6 Rec Fee$0.00 Doc Fee,0.00 GARFIELD COUNTY CO BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM PROPERTY TAXES? THIS RESOLUTION was read, passed, and adopted by the Board of County Commissioners of Garfield County at a regular meeting held the 82P -day of 2008. ATTEST: GARFI LD CO ' TY, COLORADO • 1111 MQETLAM11.10,1 11.1,4111WIcI+ ,IW 11 III Reception*: 755185 09/05/2008 09:53:51 RM Jean Aiberico 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO n \\\ . ..• ,T E .ea,. c 1"! JN �. C SEG TION NO. • ) 2 ■e )t' 25 -1o.11' r x' U • 21 a• 21 21 21 10 19,, 1i 17 Is is 14 11 }7 2 s 4. S e. 1 \ 5 9 •.w to 11 14g r \V A L 41 22 27 4l 10 19 11. 11 Is Is 11 le ;17 e S 4 s 6 '1 a 2 to a 120 41S. I; -i R4 25 42 21 to 19 1e 17 12 15 /1 13 se e >� s ��. 4 '1 5 9 10 11 .J S l 2 1 4. s :..r 4 1 d 9 10 11 14 e 1.` ,o P-. P^, Ca \\ '7.4 $ 12 22 21 7o 1.9 15 11 14 12 Y. 11 I2 so oma 9 1 e >� s ��. 4 '1 5 9 10 11 14' is 4 2 Y 6 9 10 11 ; .d 0-10 2 a l 5 10 41 lee. Li, U. 5. ' 2-4 l a -t itx"( 1.30. c, 4 24 MAP OF SECT/ON NO.1 TRAVELERS HIGHL A NDS srwre- .'coa4'4» t=: [own' at- Gal'F/QD "bee/ a Scarfp/; Lei•J9 firs! duly SJRupon hs o,/k deposer wfv'aer.r: Thal Ar is 0 ergl4•2 d /and surveyor, Ai -eased' under hfsr tart o,' Mw .Sfwfa - Cakrredaf /hof he has .surveeyyeed ,4 2- rm'w/er41r h fAbwd Sub-dvisros ere.? 64,114.1? Cavnfy Ca/aroob 7771x/ STC. - .rorreiry ..0S 0bm4.3 The/ h!e F/of ati .sir Mraws CorrrcAS. s'ko 2+ Are*, 4*. 4r .!Precis, and Lee/dye such .rubs,/✓ Ord ono. w /xafad br eve,* s rvey. • S211T ar mI6aRAD codaVr' ar6.IMFlgO J `. ---r 11ls, 'above sows, Ka'c96%?9 hrs,4'Lri/c.07' 4,41-T orA'aae•.teytd De.fnrt /he ro41/eJ3— ,7a./k, ace, of pbtQScerSo•. .. CSidateir. e>3.eiirf • 4k:_ a401‘0,4;9(y. **Idd4010, ;9 rfr [e2 7 THE MOTEL — HOTEL CC OF OIL SHALE CITY , COL LOCATED IN SECT/ONS J . T7 S.,R96I4 OF THE 6T. G,4RF/ELD COUNTY, COC SCALE / MNCH - /00 Fehr EXHIBIT • 1111 P1M411wl 1hi 1 l 1 iMlieL Ifii Nl1i 11111 Reception#: 755185 09/0512008 09:53:51 AM Jean Alberico 6 of 6 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO T tr V e 1.) U b- . tl 45 ®161141 1' INNI 16 1a INIIIHE A V 1± 1.1 ytl fl 1i 41 10 17 1• 11 W is 14 1L. =1 2 i 4 401 L.1 to s i 11 as 661.1 a 1- 4,1 D 4' 1- r illi n . illikt6:.11;11�L11. i '424 as: 25 2l 21 20 t9 is 1 16 14 14 I% i J/-11 =� e s 4 a 0/ 5 9 .o LL It A v t4 U Y Fre: 1 4 t u 7 e .4 ss• e.' 10 11 1 1111111 1111 N T yl o A z \ •, SUB-DIV/S/QN MPL EX .ORADO ?7,284133 Y. RM. ORADO ,0 2a 3 2 3 /7 / • STAT£MENY a, [MOWER ' KNOW AUL MEN dY TNESE PRESENTS f,20t GARF/ETD oic LAND ANO DS'YFLOPMENT, /NC., o Cd:meat coroceer~o be's9 Atte re/i and o>4- waver of hoe /ond :r al*dsr o doer 90 .tohiiwcCr- +Sic orro SAM.*eOff ,into Iota, M rrcfam"+Sam" oryr, o,d der y- nofe lAe a tate L1t 7Y1wr/ r N yh/ands .S - PO -.&oo s, rrl Gorr 'a/d Coon1r, Co%rode. o— h corpepofron air14tf oecforer TOW /# hos roofed 04...:0 plop' As he e+ads and fled. 777o0. fp' het Goosed p'hia 4v6214 icon Yo be .621 a pfarrad and ew6.1Y,-Wed os .+,prow skewrr. 3. 77,a, 7' doer ded .o a to ,44 yrhie ere Pyre a hone and .'/for}r ar Arlepr fpy/kd ,may ,o oe SVC . dedimfion fwn9 Apydr YAr 1Ar oraelpqm ate Worry, a YsadS a✓/efd and ftp otlilr.ae. 4. rho,' f+ 'r eePh, .i,- road's avid fr%d 141 show ow + /end sueid4V:PA n, cqd Ye• heeeede carpi r;.fy air—seript"ma it op .* canoeye era ao an ...Get ef_owrelr of Awed rlsNrb eo.• 40110 - sndoGw4ed. S. +7rof Y 4 ,o/pp' sivir14 mmrc/f! Mt kf"r, ebHne',T, ofrarre3 and eurya er ss,e ,tone herr botfed goon fisc frostrd YN WITNESS /YN5. SQF Oho sold ccs porvfxrr /Art copood' 44/4• feofemenf ho he eerrvfed or rYj a eenprlop'i.. o cone. eV:s-+Qday os r/y, rxr. ATTEST: a,- I ,. ca/NTYG.GARF/IID, . - . rho fa.rqq wl�0v1y wd i*Srior-. of hefepr app .Z , e ty of T ,, .05,g, or Se eiire3 of eF,rel. AF 4- • 1111 Agi I�14d '�G � VALIC11.6:14019i WAN 11111 Reception#: 795718 12/14/2010 01:15:25 PM Jean Alberico 1 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO TRAVELERS HIGHLANDS SUBDIVISION PUBLIC IMPROVEMENT DISTRICT RULES AND REGULATIONS FOR THE DISTRICT AND BYLAWS FOR THE BOARD OF DIRECTORS OF THE DISTRICT ARTICLE I GENERAL 1.1 Authority. The Travelers Highlands Subdivision Public Improvement District ("District") is a "public or quasi -municipal" subdivision of the State of Colorado, in accordance with § 30-20-508(4)(d) of the Act, and holds the powers specifically granted, or necessary or incidental to those powers specifically granted for carrying out the objectives and purposes of the District, pursuant to C.R.S. §30-20-501, et seq. (the "Act"). 1.2 Purpose. The purpose of this consolidated body of rules and regulations is to ensure the orderly and uniform administration of District activities, mainly the construction and maintenance of streets, drainage, utilities, and other public improvements needed to serve the Travelers Highlands Subdivision ("Development"), a pre -subdivision law development, zoned for commercial use ("Commercial -Limited Zone District" per the zone district map, Unified Land Use Resolution of 2008, recorded as Reception No. 758309, as amended) in unincorporated Garfield County, Colorado, ("County"). The Development was created by plat recorded as Reception No. 218477 and as such plat has been changed by amended plats recorded in the real estate records of the County Clerk and Recorder. Internal roadways in the Development were accepted as public road rights-of-way in 2005, without the County' s acceptance of maintenance responsibility, by means of Resolution No. 05-05, recorded as Reception No. 666852. The Development is generally located on State Highway 6 and 24 ("6&24") between Debeque and Parachute, Colorado, north of County Road 300 ("CR 300") crossing of the Union Pacific Railroad. 1.3 • Policy. The District Board of Directors ("Board") hereby declares that these rules and regulations ("Rules") will serve a public use and are necessary to promote the health, safety, prosperity, security, and general welfare of property owners in the District. The Rules correspond with and supplement the Development and Service Plan ("Plan") for the District, as such may be adopted and amended from time to time by the Board. The Board further states, as a matter of policy, the intention to coordinate and cooperate with the State, the County, Union Pacific Railroad, and other private entities to finance and construct improvements to CR 300 and 6&24, improvements located outside of the boundaries of the Development needed to serve the Development. Such improvements will be specifically identified in the Plan as such Plan is adopted by the Board. 1.4 Scope. Together with the Plan, these Rules, as the same may be modified from time to time, shall be considered as comprehensive regulations governing the operations and functions of the District and the functioning of the Board. 1.5. Intent of Construction. These Rules shall be liberally construed to carry out the general purposes of the District. No omission or inclusion of material in these Rules shall be 1 13 1111 I~" I'Il4irVilWI FIE Ptl 1,11 11 11 1 Reception#: 795718 12!1412010 01:15:25 PM Jean Alberico 2 of 7 Rec Fee:$0.00 Doc Fee10.00 GARFIELD COUNTY CO interpreted as an alteration, deviation, or waiver from any grant of power, duty, or responsibility imposed or conferred upon the Board by virtue of statutes now existing or as subsequently amended, or under any contract or agreement existing between the District and any other entity. Nothing contained in these Rules shall be so interpreted as to prejudice or affect the right of the District to secure the full benefit and protection of law pertaining to the affairs of the District. 1.6 Amendment. The Board shall retain the power to arnend these Rules to reflect those changes determined to be necessary or desirable by the Board, in accordance with C.R.S. § 30-20- 512(1)(e). Prior notice of consideration by the Board of such amendment shall be provided by the District in accordance with the Act, specifically C.R.S. §§ 30-20-511 and 30-20-528, and the Colorado Open Meetings Act. 1.7 Officers and Employees. In accordance with § 30-20-510 of the Act, the Board of County Commissioners ("BOCC") shall sit, ex officio as the Board and the Chair of the BOCC shall be the Chair of the Board. The Clerk to the BOCC shall be the Secretary to the Board. The County Treasurer shall be the Treasurer for the Board and for the District. The Board may hire employees for general administrative purposes or contract with the BOCC for shared staff time. 1.8 Meetings. Regular and Special Meetings of the Board shall be in accordance with the Act and the Colorado Open Meetings and Open Records Acts. Generally, meetings of the Board shall follow regular meetings of the BOCC, as scheduled by annual Resolution of the BOCC. Meetings of the Board, however, shall have a separate agenda from that of the BOCC. Special Meeting shall be scheduled as called by the Chair. Meetings of the Board shall generally be held in the BOCC meeting room at the County Administration Building in Glenwood Springs, but may be held elsewhere in the County by direction of the Board given to the Board Secretary. Notice of time and place of all meetings shall be accordance with C.R.S. § 30-20-511. The presence of two members shall constitute a quorum of the Board at any meeting. 1.9 Corporate Name and Seal. The District, as a subdivision of the State of Colorado and a body corporate with limited proprietary powers set forth in § 30-20-512 of the Act and these Rules, shall be officially known as the Travelers Highlands Subdivision Public Improvement District, as stated in Section 1.1, above, and shall have the management, control, and supervision of all the business and affairs of the District and of the acquisition, construction, installation, operation and maintenance of District improvements or the provision of services, all of which shall be done under the District's corporate seal, not the seal of the County. 1.10 Management and Delegation. The management and control of the District is by majority vote of the Board. The Board, by majority vote, may delegate any or all of its powers and duties which by law may be delegated and which powers and duties are set forth in these Rules or the Plan, by statute, or by common law; and when such delegation is made, any reference in these Rules to the Board shall be to such individual or agency who holds the delegated powers. 1111 VI1111MIlllii.11411 11 11 1 Reception#: 795718 12114/2040 01:15:25 PM Jean Olberico 3 of 7 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO ARTICLE II POWERS OF DISTRICT 2.1 General Powers of District. The District will have all powers and authorities granted by statute to provide the services and construct and maintain the facilities described in the Plan both within and without District boundaries, unless such authority is limited to improvements internal to the Development, as described below and subject to the limitations set forth in the Plan. More specifically, in accordance with §§ 30-20-514 and 515 of the Act and the Ballot Issues approved by the District in the 2008 General Election, the District will have the power to finance public improvements, impose property .taxes, and collect revenue or take other actions that may be necessary to provide the services and construct and maintain the facilities needed by the District. The District shall determine annually, in accordance with § 30-20-515 of the Act, the amount of money necessary to be raised by levy taking into consideration other sources of revenue of the District. In general, the District shall have authority to provide, finance, pay for, and construct and maintain the following services and facilities: 2.1.1 Streets. The design, acquisition, installation, construction, operation, and maintenance of arterial, collector and local streets and other roadway improvements, including without limitation curbs, gutters, culverts, storm sewers and other drainage facilities, detention ponds, retaining walls and appurtenances, as well as sidewalks, bridges, parking, paving, lighting, grading, landscaping, entrance facilities, undergrounding of public utilities, and other street improvements, together with all necessary, incidental, and appurtenant facilities,• land and easements, and all necessary extensions of and improvements to such facilities. Specifically, the District is authorized to provide, finance, pay for and construct access points from the Development onto 6&24 and improvements to the state owned right-of-way for 6&24 as permitted by Colorado Department of Transportation ("CDOT"), the Union Pacific Railroad, and any other governmental or private entity with jurisdiction over said access points and improvements. 2.1.2 Traffic and Safety Controls. The design, acquisition, installation, construction, operation, and maintenance of traffic and safety protection facilities and services through traffic and safety controls and devices on all streets and roadways, as well as other facilities and improvements, including without limitation signalization at intersections, traffic, area identification, directional assistance, and driver information signs, and security systems and services, together with all necessary, incidental, and appurtenant facilities, land and easements, and all necessary extensions of and improvements to such facilities, including without limitation those controls and devices related to access points from the Development onto 6&24 and improvements to the state owned right-of-way for 6&24. 2.1.3 Drainage. The design, acquisition, installation, construction, operation and maintenance of drainage and storm sewer systems, including without limitation lines, channels, detention ponds, flood and surface drainage disposal works and facilities, -3- ■III F. 61'1140,1+011 h411.1 11i • IVB *A 11111 Reception#: 795718 12/14/2010 01:15:25 PM Jean Alberico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO debris flow structures, and . other drainage systems, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to such facilities and systems, including such related to access point on to 6&24 from the Development and improvements to the state owned right-of-way for 6&24. 2.1.4 Sanitation. The design, acquisition, installation, construction, operation and maintenance of storm and sanitary sewer systems, within the Development, including without limitation collection lines, lift stations, wastewater treatment facilities, flood and surface drainage, related disposal works and facilities, and all necessary equipment and improvements, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to such facilities or systems. 2.1.5 Water. The design, acquisition, installation, construction, operation and maintenance of water systems, within the Development, including without limitation water distribution and transmission lines, hydrants, water rights, storage reservoirs, water treatment, transmission and distribution facilities, wells, irrigation systems and pumping facilities, and all necessary equipment and improvements, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to such facilities or systems. 2.1.6 Other Services. The District may fmance and pay for other services and facilities authorized under the Act or by law, subject to approval under County land use, zoning, building code, or general police power and pertinent state or federal law and regulation, if needed to serve the Development and not otherwise provided to the Development by the County or other governmental agencies. 2.1.7 Legal Powers. The powers of the District will be exercised by the Board to provide the services and construct and maintain facilities contemplated in the Plan. The authorized facilities and services, along with other activities permitted by law, will be undertaken in accordance with, and pursuant to, the procedures and conditions set forth in the Act, other applicable statutes, the Plan, and the Rules, if applicable. 2.1.8 Other Authorities. In addition to the powers enumerated herein, the Board shall also have the following authorities: (a) To amend the Plan as necessary, subject to compliance with all statutory procedures set forth in the Act, with any action or activity that the District believes is permitted by the Plan but which may be unclear; (b) To revise, resize, reschedule, and restructure the financing, construction and operation of the various public improvements and facilities in order to -4- ail poil.wcieileum 11111 Reception#: 795718 12!1412010 01:15:25 PM Jean Rlherico 5 of 7 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO accommodate the rate of development within the Development, the costs of public improvements, and inclusions of property into the District, or the provision of any public improvement, facility or service by the District, the County or another entity; (c) Subject to the approval of the County, if and as required, to provide all additional services and facilities that the District is required to provide or exercise or, in its discretion, chooses to provide or exercise; and (d) To exercise all express and implied powers under the Act or granted by state law, including without limitation contracting with CDOT, the County, and construction contractors and holding or accepting by, assignment or otherwise, permits issued by governmental and private entities. Any authority to own, operate and maintain improvements held by the District may be limited by such contracts and permits. The authority of the District to enter into construction contracts shall be exercised in accordance with § 30- 20-512(1)(d) of the Act, requiring published bids for work involving an expense of One Thousand Dollars ($1,000.00) or more, and other applicable statutes. (e) Certify to the BOCC the rate of levy determined annually, in accordance with § 30-20-515 of the Act. ARTICLE III OWNERSHIP AND OPERATION OF FACILITIES 3.1 Facility Development and Ownership. The Development, including all land use and development plans, plats and related documents approved by the County presently or in the future (collectively, "Plats"), contains a general internal street alignment. The public infrastructure improvements, both internal and external to the Development, will be phased to coincide with the expected commercial development, beginning with access to 6&24, internal streets and drainage in the first few years of construction. Any other improvements will be completed in the remaining years until full build out of the Development is complete. The public improvements will be financed and constructed in accordance with the limitations set forth herein. The Plan describes the manner in which the District will provide the tax base necessary to pay for the public improvements and services needed for the Development. The Plan demonstrates how the District will finance and complete the public improvements and services needed by property owners within the Development. It is the District's basic policy that all internal improvements described herein and in the Plan shall be publically dedicated and operated, maintained, repaired, and replaced by the District. Any improvements constructed outside the Development will be subject to the ownership, maintenance, and replacement requirements of the contracts and permits among CDOT, the County and the Union Pacific Railroad. -5- 1111 17.6 PairYriilirlAillid 141 IN 11 11 l Reception#: 795718 12/14!2010 01:15:25 PM Jean Aiberico 6 of 7 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 3.2 Liability. No claim for damage shall be made against the District by reason of failure of the public infrastructure described herein, unless otherwise warranted or guaranteed by contract or permit. The District hereby reserves the right to discontinue services at any time, for any reason deemed appropriate and necessary to the ongoing health and maintenance of the facilities. This paragraph shall not relieve the District from liability for negligence, if such liability would have otherwise existed, subject however to the Colorado Governmental Immunity Act and the terms of any contract of employment or agency entered into by the District. 3.3 Powers and Authority of Agents. Duly authorized employees, contractors or agents of the District, bearing proper credentials and identification, shall be permitted to enter upon all properties within the Development for the purpose of inspection, observations, measurement, and testing, or any other reasonable purpose in accordance with the provisions of these Rules. Except in the case of an emergency affecting District property or the health, safety, and welfare of property owners within the Development, entry upon the property of property owners within the Development shall only be made after reasonable notice and during reasonable business hours. All owners and tenants of property served by District public infrastructure shall be deemed to have agreed to entry onto such property for the purposes set forth. ARTICLE IV CONSTRUCTION STANDARDS AND SPECIFICATIONS All construction in the Development shall be in accordance with the Plats, County land use, building and other applicable regulations, County standards and specifications and the Plan. Construction outside the Development shall be in accordance with County or state standards as applicable and the terms of related contracts and permits. ARTICLE V DISTRICT BOUNDARIES - 5.1 Boundaries. The boundaries of the District are shown on Exhibit A to the Plan. The Development is zoned "Commercial Limited," as stated in Section 1.2 above; and the District may be enlarged to contain land zoned for commercial and industrial uses, not residential use. A legal description of the property within the boundaries of the District is attached as Exhibit B to the Plan. The boundaries of the District cover all land within the Development, all of which is within the County. The District will not provide services or facilities outside of its boundaries, except as authorized in the Plan and as noted in Article II, above 5.2 Inclusions and Exclusions. Additional property may be included in the District in accordance with statute, subject to the approval of the Board and compliance with § 30-20-520 of the Act. The fee owner or owners of any property proposed for inclusion may petition the Board for the inclusion of property into the District. Property may also be excluded from the. District pursuant to a similar process. The Board will amend or modify the Plan as necessary to accommodate inclusions or exclusions of property. gill I '�!'�4�1 ',P�� 41 NIAIII411:L1,1'I14+1ilith ®I III Reception#: 796718 12/14/2010 01:15:25 PM lean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO A formal request for inclusion within or exclusion from the District shall be made by the requesting property owner to the Board, accompanied by a non-refundable payment of $ 400.00 for processing the Petition, plus the cost of publication of notice for the statutorily required hearing before the Board, in conformance with § 30-20-520 of the Act. Any additional costs which may be incurred shall be assessed to the applicant and paid prior to fmalization of the inclusion or exclusion by recording of the Board Resolution with the County Clerk and Recorder. ARTICLE VI DISSOLUTION After all public improvements internal to the Development have been constructed and accepted by the District and all public improvements outside of the Development have been constructed and accepted by the owner thereof, and all bonds and other multiple -fiscal year financial obligations have been paid and discharged, the District may be dissolved, unless the Board directs otherwise. t:1MyFiles\BUILDING & PLANNINGISPECIAL - PUBLIC IMPROVEMENT DISTRICTSITRAVELERS HIGIILANDS\Rules and Regs apprvd Juiy6 2010.doc