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1.2 Supplemental Application Materials
Loyal E. Leavenworth Leavenworth Consulting, LLC PO Box 1530 Carbondale, CO 81623 970-948-2261 May 13,2014 David Pesnichak Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Proposed Amended Plats for Lots 6A and 12A of the Baby Bean Subdivision and Up Cattle Creek Subdivision, Respectively Dear David: I am representing Christine Ann McGovern (a/k/a Chris McGovern). We are resubmitting the Amended Plats for lots 6A and 12A of the Baby Bean Subdivision and Up Cattle Creek Subdivision, respectively. This submittal is provided in response to your completeness review dated May 21, 2014. Attached to this letter are the following: 1. Letter of Authorization allowing me to speak on behalf of the Applicant, Chris McGovern, Attachment A. 2. Application for an Amended Plat for Lot 6A of the Baby Bean Subdivision, Attachment B. 3. Application for an Amended Plat for Lot 12A of the Up Cattle Creek Subdivision, Attachment C. 4. Proposed Amended Plat for each of the Applications, Attachments D and E. 5. Payment Agreement form executed by Chris McGovern, Attachment F. 1 6. A check for $200.00 ($100.00 per Amended Plat Application). You have already received the application fee. 7. A copy of the two Boundary Line Adjustments, utilizing the new form you provided, that are necessary as part of the Amended Plat proposals, are attached. An Existing and Proposed Conditions Survey that visually depicts the proposal for the Boundary Line Adjustments and two Amended Plats, Attachments G, H and I. 8. A Title Commitment for the three affected properties, Attachment J. 9. A copy of the recorded Walking and Parking Easement that was inadvertently omitted from the Title Commitment, Attachment K. 10. A property owner list of property owners within 200 feet of each of the two subdivision lots and the metes and bounds lot, Attachment L. 11. A Mineral Rights Ownership Report prepared by Eric McCafferty indicating that Ms. McGovern owns 3/4 interest in the subject lands and that a Mr. Charles W. Carnal owns the other 1/4 interest. Upon information and belief, Mr. Carneal died on September 28, 2011; however, there is no record that his estate has conveyed his interest in the mineral rights to anyone. The Clerk and Recorders' and Assessors' records do not indicate that there are any recorded leases that are being assessed nor are the mineral right owners' being assessed property taxes, Attachment M. The last known address for Mr. Carneal is: Charles W. Carneal, 2640 Desoto Rd., Sarasota, FL 34234. 12. As indicated on the Title Commitment, there are no lien holders on any of the three properties. 13. A copy of the Pre -Application Summary for each of the three Amended Plats, Attachments N and O. 14. The Existing and Proposed Conditions Survey demonstrates that there will be no new non -confirming conditions that will result from the proposed Amended Plats. There 2 is a structure located on Lot 6A that does not meet the rear setback at the present time or as a result of the Amended Plat; however, this structure is a pre-existing non - confirming use. 15. A Vicinity map in included on the proposed Amended Final Plats. We are submitting three copies of these two Applications. In accordance with Section 4-203, we are requesting a waiver of the Improvements Agreement for both applications. There are no public improvements necessary for either application. We are also requesting a waiver in accordance with Section 4-202 regarding Codes, Covenants, and Restrictions (CCRs). We are not proposing to adopt any new CCR's. The Protective Covenants and Road and Water Covenants for the Baby Bean Subdivision recorded at Book 544 at page 419 and Book 544 at page 426 apply to some lots in the Baby Bean Subdivision but do not apply to Lot 6A. The Protective Covenants for the Up Cattle Creek Subdivision recorded in Book 431 at page 355 (Reception 253973) do apply to Lot 12A and will be added to the plat. Finally, there is a recorded Agreement to Vacate Walking and Parking Easements for the Baby Bean Subdivision and Up Cattle Creek Subdivision that affects both Amended Plats ( Book 1494 at Page 903). The new Amendment Plats will reflect both applicable Covenants as set forth in this paragraph. If you have any questions, feel free to contact me. cc: Chris McGovern Don Scarrow 3 Sincerely, al E. L - ave worth Exhibit Chris McGovern 930 Bennett Avenue Glenwood Springs, CO 81601 May 13, 2014 Tamera Allen Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Letter of Authorization Dear Ms. Allen: Please be advised that I have authorized Loyal E. Leavenworth to represent me and speak on my behalf in connection with the two boundary line adjustments I am proposing and the two Amended Plats for Lots 6A and 12A of the Baby Bean Subdivision, as amended, and the Up Cattle Creek Subdivision, as amended, respectively. Feel free to contact me if you have any questions. 1 Sincerely, )37c, Chris McGovern Exhibit Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com 2 �.' fes" h J R` i _Yh ' r�yx43 TwYPE OF SUBDIVISION/EXEM;PTION'� t.Ytd F • Minor Subdivision City: Glenwood Springs State:CO Zip Code: 81601 E-mail: cmcg81601@yahoo.com • Preliminary Plan Amendment Major Subdivision City: Carbondale State: CO zip code: 81623 E-mail: lel@lellaw.net o Final Plat Amendment Project Name: Lot 6A, Baby Bean Subdivision • Sketch • Preliminary • Final Physical/Street Address: N/A Legal Description: Lot 6A, Baby Bean Subdivision, according to the Plat recorded • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield • Sketch • Preliminary • Final • Rural Land Development Exemption • Time Extension TIES,12a.? INVOLUEDNPAR� Owner/Applicant Name: Chris McGovern Phone: ( 970 ) 945-7599 Mailing Address: 930 Bennett Avenue City: Glenwood Springs State:CO Zip Code: 81601 E-mail: cmcg81601@yahoo.com Representative (Authorization Required) Name: Loyal E. Leavenworth Phone: ( 970 ) 948-2261 Mailing Address: PO Box 1530 City: Carbondale State: CO zip code: 81623 E-mail: lel@lellaw.net �� u:�aW�:Ys�'TrsRYY3.xr'��'.irxGm.+`sc � „� �.ia�� �r :� � i+ ,PROJECTuNAME AND LOCATION �$ � y, ✓ g v TNAt cet1�*�varda.F'�Saxev'+ ,E+ At :S 'd15,a_ ��XUF �;I}.aS �.�.�: .r��h Project Name: Lot 6A, Baby Bean Subdivision Assessor's Parcel Number: - - - Physical/Street Address: N/A Legal Description: Lot 6A, Baby Bean Subdivision, according to the Plat recorded July 8, 2003 as Reception No. 631262. Zone District: Property Size (acres): rcfjectDescriptron Existing Use: Single family residential lot Proposed Use (From Use Description of Project: Table 3-403):Single family residential lot Amended Plat approval for Lot 6A, Baby Bean Subdivision, according to the Plat recorded July 8, 2003 as Reception No. 631262. Pro osed DeYelo merit Areas �R p. ���;--�sa�,z � $ ���k r, } ;; � Land Use Type # of Lots # of Units Acreage Parking Single Family 1 N/A Reduced to 2+ Per Code Duplex Multi -Family Commercial Industrial Open Space Other Total 1 N/A Reduced to 2+ Per Code U.E IVEF Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ 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. Signature of Property Owner Date USExO,NL, File Number: ___ - Fee Paid: $ Exhibit Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com 6XA Ensu ay— 'J 4s !-3 STYPE OFtSUBOVISION/;EXEMPTION Owner/Applicant Name: Chris McGovern Phone: ( 970 ) 945-7599 Mailing Address: 930 Bennett Avenue City: Glenwood Springs State: CO Zip Code: 81601 E-mail: cmcg81601@yahoo.com • Minor Subdivision Representative (Authorization Required) Name: Loyal E. Leavenworth Phone: ( 970 ) 948-2261 Mailing Address: PO Box 1530 • Preliminary Plan Amendment Major Subdivision Egg. LOONf� -$ r« CTI �; ����. x.r�% wt ?" ��s f��r;��Y �� �...;�� .� ,rein Project Name: Lot 12A, Up Cattle Creek Subdivision, Second Filing o Final Plat Amendment • Sketch ■ Preliminary ■ Final March 26, 1973 as Reception No. 257526. Zone District: Property Size (acres): • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield ■ Sketch ■ Preliminary • Final • Rural Land Development Exemption • Time Extension INVOL�VEDPART.IESr Owner/Applicant Name: Chris McGovern Phone: ( 970 ) 945-7599 Mailing Address: 930 Bennett Avenue City: Glenwood Springs State: CO Zip Code: 81601 E-mail: cmcg81601@yahoo.com Representative (Authorization Required) Name: Loyal E. Leavenworth Phone: ( 970 ) 948-2261 Mailing Address: PO Box 1530 City: Carbondale State: CO zip Code: 81623 E-mail: lel@lellaw.net Egg. LOONf� -$ r« CTI �; ����. x.r�% wt ?" ��s f��r;��Y �� �...;�� .� ,rein Project Name: Lot 12A, Up Cattle Creek Subdivision, Second Filing Assessor's Parcel Number: - - - Physical/Street Address: N/A Legal Description: Lot 12A, Up Cattle Creek Subdivision, according to the Plat recorded March 26, 1973 as Reception No. 257526. Zone District: Property Size (acres): Project Descripton4. ', s Existing Use: Single family residential lot Proposed Use (From Use Description of Project: Table 3-403): Single family residential lot Amended Plat approval for Lot 12A, Up Cattle Creek Subdivision, according to the Plat recorded March 26, 1973 as Reception No. 257526. du „.oy rt.,�u?'I +fr�T %.ec^.i 'x'1 ry '� �Iifi Proposed Devel9 ment Area t £�^i 431= �. rr5'+x'SAT"4`pM t aJdY `J.,5 Land Use Type # of Lots # of Units Acreage Parking Single Family 1 N/A Reduced to 2.02 Per Code Duplex Multi -Family Commercial Industrial Open Space Other Total 1 N/A Reduced to 2.02 Per Code IVE Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards In 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. Signature of Property Owner 3-- /5 Date QFFICIALUS• I File Number: - Fee Paid: $ Exhibit 13/ki6y DEAN s ?L& -r Exhibit UP c9- r Lc: c R.ce/< r, AT Exhibit PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Chris McGovern agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Boundary line adjustments and two Amended Plats for individual Tots 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Chris McGovern Phone: ( 970 ) 945-7599 Billing Contact Address: 930 Bennett Avenue City: Glenwood Springs Billing Contact Email: cmcg81601@yahoo.com State: CO Zip Code: 81601 Printed Name of Person Authorized to Sign: Chris McGovern eit-e-e,Yui l 3 - Zo /51 (Signat = (Date) Exhibit Loyal E. Leavenworth Leavenworth Consulting, LLC PO Box 1530 Carbondale, CO 81623 970-948-2261 May 13,2014 Tamera Allen Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Boundary Line Adjustments for Chris McGovern Dear Tamera: As you know, I am working for Chris McGovern on two Amended Plats for Lot 6A of the Baby Bean Subdivision and Lot 12A of the Up Cattle Creek Subdivision. We will be filing Amended Plat Applications for those two lots to amend each lot in a manner that will confirm with the proposed Boundary Line Adjustments described in this submittal. Enclosed are the following: 1. Affidavit for Boundary Line Adjustment for a portion of land currently located within Lot 6A, Baby Bean Subdivision with attached Exhibit A; 2. Affidavit for Boundary Line Adjustment for a portion of land currently located within Lot 12A, Up Cattle Creek Subdivision with attached Exhibit A; 3. Letter of Explanation signed by Chris McGovern describing both of the boundary line adjustments; 4. Letter of Authorization from Chris McGovern authorizing me, as her consultant, to represent her in these matters. 1 Please note the following: A. The Letter of Explanation, the Affidavit, and the executed Quitclaim Deeds, attached as Exhibit A to each affidavit will be recorded immediately prior to the recordation of the Amended Final Plats for the two subdivision lots affected by the boundary line adjustments. B. Exhibit A to each Affidavit is actually the proposed Quitclaim Deed from Ms. McGovern to herself (since she owns all three properties in her individual name). Please note that we have added a statement in the Deed that the property conveyed "shall merge will the Grantee's real property described on Exhibit B" (which is her metes and bounds lot); I am also having Ms. McGovern agree to the boundary line adjustment and merger by signing her name as Grantee on the deeds. Finally, I am enclosing an Existing and Proposed Conditions Survey that visually depicts what Ms. McGovern is proposing to do. Feel free to contact me if you have any questions. cc: Chris McGovern Don Scarrow 2 Sincerely, re Garfield County BOUNDARY UNE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1) We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit A (also known as a Quit Claim Deed) which is attached hereto and incorporated herein by reference. 2) We are desirous of adjusting the boundary lines of our parcels and/or Tots and sign this Affidavit in accordance with the Garfield County Land Use and Development Code. 3) We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels or lots. 4) We hereby represent that none of the parcels or lots involved in this boundary line adjustment are part of a previously platted subdivision of record. If one of the lots to be amended is a lot in a previously recorded subdivision, then a Final Plat Amendment is required which is more fully defined in article 5 of the Garfield County Land Use and Development Code. 5) We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel or lot involved. 6) We hereby represent that the boundary line adjustment being made will not result in any of the parcels or lots involved being Tess than the minimum lot size In their applicable zone district allowed as a result of the boundary line adjustment or create any non -conforming setbacks for any existing structures. 7) We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this 2 ' day of Property Owner #1 Property Owner #2 20 f �i . / /1 c y„-) Signature C ARIST/NE 4N7.) Gov&A-N Print Name n r.v.„) 29/ y&-t,LeA,,, Signature C/ Ier3T(AL - /MTA) A(L Print Name STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoinVocument was subscribed and sworn to before me in the County of Garfield, State of Colorado this 11 dayof.T' , 20 IL( by Ct,r; S+�r� Yfr.r• lm( 404 e and My Commission Expires: SHARON ANDERSON Notary Public State of Colorado My Commission Expires September 08, 2015 STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) Notary Public O3Z 6 Hwy, 133 C.�, b ov.,�w. /?, (6 1/ I,3 Address 54- c /06 The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this >1 l‘Nday of J w I y , 20 1 y by Cti,;34 ; r -e Are, and YInc4.✓e!r My Commission Expires: '7 / r)/-5 SHARON ANDERSON Notary Public State of Colorado My Commission Expires September 08, 2015 Notary Public 032-i PlAy / 33 5 1ov Address QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS THAT: THIS QUITCLAIM DEED, made and entered into on 1--t/A.y Z 9 , 2014, between Christine Ann McGovern a/k/a Chris McGovern ("Grantor") whose address is 930 Bennett Avenue, Glenwood Springs, CO 81601 and Christine Ann McGovern a/k/a Chris McGovern ("Grantee") whose address is 930 Bennett Avenue, Glenwood Springs, CO 81601. FOR A VALUABLE CONSIDERATION, in the amount of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEASES, AND FOREVER QUITCLAIMS to Grantee, all right, title, interest and claim to the plot, piece or parcel of land, with all the buildings, appurtenances and improvements thereon, if any, County of Garfield, State of Colorado described as follows: SEE EXHIBIT A, attached hereto and incorporated by reference. Said parcel described on Exhibit A shall merge with the Grantee's real property described on Exhibit B, attached hereto and incorporated by reference, pursuant to the Garfield County Boundary Line Adjustment procedure, contained in the Garfield County Land Use Code, as amended. SUBJECT TO all, if any, valid easements, rights of way, covenants, conditions, reservations, and restrictions of record. Reserving unto Grantor any and all water rights appurtenant to the Property described on Exhibit A. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto Grantee, Grantee's heirs, successors and/or assigns forever; so that neither Grantor nor Grantor's heirs, successors and/or assigns shall have claim or demand any right or title to the property described above, or any of the buildings, appurtenances and improvements thereon. 1 IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed on foil' 11 / za it , 2014. )zif 2014. Chri. e Ann McGovern a/k/a Chris McGovern Grantor Boundary Line Adjustment and Merger described above agreed to on yal..7 . q G 29/ / 6 G-rJYA,r- Christine Ann McGovern a/k/a Chris McGovern Grantee State of Colorado } ss. County of Garfield The foregoing instrument was acknowledged before me this qday of w i7 2014, by Christine Ann McGovern a/k/a Chris McGovern as Grantor and Grantee. Witness my hand and official seal. SHARON ANDERSON Notary Public State of Colorado Mylt8ffiliiNVIPapiresmaer 08, 2015 2 Notary Public EXHEBIT A A TRACT OF LAND SITUATED IN SECTION 11, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., LYING SOUTHERLY OF THE COUNTY ROAD AS DESCRIBED IN DOCUMENT NO. 181979 OF THE GARFIELD COUNTY RECORDS. SAID TRACT OF LAND BEING A PORTION OF LOT 6A, ACCORDING TO THE AMENDED PLAT OF BABY BEAN SUBDIVISION LOTS 5A AND 6A RECORDED JULY 8, 2003 AS RECEPTION NO. 631262, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6A, WHERE THE EAST 1/4 CORNER OF SECTION 11, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS N.62°01'10"E. 1790.50 FEET; THENCE 5.08°57'10"W. ALONG THE EASTERLY LINE OF SAID LOT 6A 177.92 FEET; THENCE S.3 8°09' 14"E. ALONG SAID EASTERLY LINE 63.11 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 6A; THENCE 5.76°41'49"W. ALONG THE SOUTHERLY LINE OF SAID LOT 6A 68.56 FEET; THENCE 5.57°25'47"W. ALONG SAID SOUTHERLY LINE 36.30 FEET; THENCE N.60°03'20"W. ALONG SAID SOUTHERLY LINE 78.26 FEET; THENCE LEAVING SAID SOUTHERLY LINE N.29°47'34"W. 387.32 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 6A ALSO BEING THE SOUTHERLY LINE OF SAID COUNTY ROAD; THENCE 65.30 FEET ALONG SAID NORTHERLY AND SOUTHERLY LINE AND THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 792.45 FEET, A CENTRAL ANGLE OF 04°43' 17" (CHORD BEARS 5.74°19'30"E. 65.28 FEET); THENCE 5.71°57'59"E. ALONG SAID NORTHERLY AND SOUTHERLY LINE 150.00 FEET; THENCE 5.70° 17'47"E. ALONG SAID NORTHERLY AND SOUTHERLY LINE 149.54 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 1.496 ACRES, MORE OR LESS. SAID TRACT IS TO BE MERGED WITH A TRACT OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 554775, BOOK 1158 AT PAGE 624 IN THE RECORDS OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO. A tract of land situated in the NW1/4SE1/4 and the NE1/4SE1/4 of Section 11, Township 7 South, Range 88 West of the 6th P.M., lying Southerly of the County Road as described In Document No. 181979 of the Garfield County Records and Northerly of the center of Cattle Creek, said tract of land being described as follows: Beginning at a point on the Southerly right of way line of said road, where the EI/4 comer of Section 11 bears North 56° 37'35" East 1,648.16 feet; thence South 68° 14'20" East 72.74 feet along the Southerly right of way line of said road; thence South 02° 00'40" West 65.17 feet to a point on the center of said creek; thence South 45° 47'07" West 117.17 feet along the center of said creek; • thence South 72° 11'10" West 32.91 feet along the center of said creek; thence North 74° 56'29" West 140.99 feet along the center of said creek; thence North 38° 09'14" West 73.85 feet along the center of said creek; thence North 08° 57'10" East 177.92 feet to a point on the Southerly right of way line of said County Road; thence South 71° 59'20" East 215.37 feet along the Southerly right of way line of said road to the POINT OF BEGINNING. ALL IN COUNTY OF GARFIELD, STATE OF COLORADO Exhibit H re Garfield County BOUNDARY UNE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1) We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit A (also known as a Quit Claim Deed) which is attached hereto and incorporated herein by reference. 2) We are desirous of adjusting the boundary lines of our parcels and/or lots and sign this Affidavit in accordance with the Garfield County Land Use and Development Code. 3) We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels or lots. 4) We hereby represent that none of the parcels or lots involved in this boundary line adjustment are part of a previously platted subdivision of record. If one of the lots to be amended is a lot in a previously recorded subdivision, then a Final Plat Amendment is required which is more fully defined in article 5 of the Garfield County Land Use and Development Code. 5) We hereby represent that the boundary line adjustment made reference to herein will not cause the Toss of access by road or to utilities, to any parcel or lot Involved. 6) We hereby represent that the boundary line adjustment being made will not result in any of the parcels or lots involved being less than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non -conforming setbacks for any existing structures. 7) We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this 2q day of ,20 Iy Property Owner #1 Property Owner #2 Signature C %f2l S-7ANr►' M GD•JEk Print Name Signature CRr_ks-rfAiE t}a J M(GovEkk) Print Name SHARON ANDERSON Notary Public State of Colorado ..1 STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The fore oing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this 'i P- day ofI .0. K 17 , 20 1/4 by CirsS4;re /fin„ VY1cGov e'" and My Commission Expires: My Commission Expires September 08, 2015 STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) Notary Public 03)-6 13 3, S,)� )elo Address Curb 't4-/{� Co b/L�3 The foregoing document was subscribed and sworn before me in the County of Garfield, State of Colorado this ‘,/I " day of 3,-1 y .20 Pt by 4 /;)+A,-‘ '1n and N'1 c G eV car% My Commission Expires: 7 rbs SHARON ANDERSON Notary Public State of Colorado My Commission Expires September 08, 2015 Notary Public 6 3 2 y 13 3/ 5k 2-616 Address Carb.d�/�� (� rI 3 EXHIBIT A A TRACT OF LAND SITUATED IN SECTION 11, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., LYING SOUTHERLY OF THE COUNTY ROAD AS DESCRIBED IN DOCUMENT NO. 181979 OF THE GARFIELD COUNTY RECORDS. SAID TRACT OF LAND BEING A PORTION OF LOT 6A, ACCORDING TO THE AMENDED PLAT OF BABY BEAN SUBDIVISION LOTS 5A AND 6A RECORDED JULY 8, 2003 AS RECEPTION NO. 631262, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6A; WHENCE THE EAST 1/4 CORNER OF SECTION 11, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS N.62°01'10"E. 1790.50 FEET; THENCE S.08°57'10"W. ALONG THE EASTERLY LINE OF SAID LOT 6A 177.92 FEET; THENCE S.38°09'14"E. ALONG SAID EASTERLY LINE 63.11 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 6A; THENCE S.76°41'49"W. ALONG THE SOUTHERLY LINE OF SAID LOT 6A 68.56 FEET; THENCE S.57°25'47"W. ALONG SAID SOUTHERLY LINE 36.30 FEET; THENCE N.60°03'20"W. ALONG SAID SOUTHERLY LINE 78.26 FEET; THENCE LEAVING SAID SOUTHERLY LINE N.29°47'34"W. 387.32 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 6A ALSO BEING THE SOUTHERLY LINE OF SAID COUNTY ROAD; THENCE 65.30 FEET ALONG SAID NORTHERLY AND SOUTHERLY LINE AND THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 792.45 FEET, A CENTRAL ANGLE OF 04°43' 17" (CHORD BEARS S.74°19'30"E. 65.28 FEET); THENCE S.71°57'59"E. ALONG SAID NORTHERLY AND SOUTHERLY LINE 150.00 FEET; THENCE S.70°17'47"E. ALONG SMD NORTHERLY AND SOUTHERLY LINE 149.54 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 1.496 ACRES, MORE OR LESS. SAID TRACT IS TO BE MERGED WITH A TRACT OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 560919, BOOK 1171 AT PAGE 890 IN THE RECORDS OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO. A tract of land situated in the NW1/4SE1/4 and the NE1/4SE1/4 of Section 11, Township 7 South, Range 88 West of the 6th P.M., Tying Southerly of the County Road as described In Document No. 181979 of the Garfield County Records and Northerly of the center of Cattle Creek, said tract of land being described as follows: Beginning at a point on the Southerly right of way line of said road, where the EI/4 comer of Section 11 bears North 56° 37'35" East 1,648.16 feet; thence South 68° 14'20" East 72.74 feet along the Southerly right of way line of said road; thence South 02° 00'40" West 65.17 feet to a point on the center of said creek; thence South 45° 47'07" West 117.17 feet along the center of said creek thence South 72° 1110" West 32.91 feet along the center of said creek; thence North 74° 5629" West 140.99 feet along the center of said creek; thence North 38° 09'14" West 73.85 feet along the center of said creek; thence North 08° 57'10" East 177.92 feet to a point on the Southerly right of way line of said County Road; thence South 71° 59'20" East 215.37 feet along the Southerly right of way line of said road to the POINT OF BEGINNING. ALL IN COUNTY OF GARFIELD, STATE OF COLORADO Chris McGovern 930 Bennett Avenue Glenwood Springs, CO 81601 May 13 , 2014 Tamera Allen Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Letter of Explanation for Boundary Line Adjustments Dear Ms. Allen: I am the owner of three parcels of land, two of which are lots in approved subdivisions which are contiguous to a metes and bounds lot that I also own. I am proposing to adjust the boundaries of the two subdivision lots to take a portion of each lot and convey it to and have it merge with my metes and bounds lot, as shown on the attached Existing and Proposed Conditions Survey. The boundary line adjustments will be recorded prior to but simultaneously with the Amended Plats for the two subdivision lots, once approved by the County. The purpose of the boundary line adjustments and Amended Plats is to increase the size of the metes and bounds lot while keeping the two subdivision lots, as amended, over the minimum lot size required in this Zone District. No new lots are being created by this proposal. The change will also not modify or deny any access that is currently of record. Feel free to contact my consultant, Loyal E. Leavenworth, 970-948-2261, if you have any questions. 1 Sincerely, //)(P?)A--- Chris McGovern Chris McGovern 930 Bennett Avenue Glenwood Springs, CO 81601 May 13, 2014 Tamera Allen Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Letter of Authorization Dear Ms. Allen: Please be advised that I have authorized Loyal E. Leavenworth to represent me and speak on my behalf in connection with the two boundary line adjustments I am proposing and the two Amended Plats for Lots 6A and 12A of the Baby Bean Subdivision, as amended, and the Up Cattle Creek Subdivision, as amended, respectively. Feel free to contact me if you have any questions. Sincerely, eitA--; cy-thA4--- Chris McGovern 1 Exhibit Exhibit J Stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: August 08, 2013 File Number: 01330-29368 Borrower: Christine Ann McGovern and Chris McGovern Property: 4468 County Road 113, Carbondale, CO 81623 4464 County Road 113, Carbondale, CO 81623 TBD TBD, Glenwood Springs, CO 81601 Please direct all Title inquiries to: Susan Sarver Phone: (970) 945-5434 Email Address: susan.sarver@stewart.com SELLER: BUYER: Christine Ann McGovern Christine Ann McGovern and Chris McGovern Delivery Method: Emailed Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart Authorized Countersignature Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 title guaranty company Matt Morris President and CEO Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 004 -UN ALTA Commitment (6/17/06) AMERICAN LAND TITLE ASSOCIATION CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htto://www.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 004 -UN ALTA Commitment (6/17/06) AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-29368 1. Effective Date: July 16, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: (b) A.L.T.A. Loan Policy Proposed Insured: Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Christine Ann McGovern, as to Parcel 1 and 3 Chris McGovern, as to Parcel 2 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 4468 County Road 113 Carbondale, CO 81623 4464 County Road 113 Carbondale, CO 81623 TBD TBD Glenwood Springs, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Title Search Rate Search fee: $600.00 T.B.D. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION Parcel 1: Lot 12A Up Cattle Creek Subdivision Second Filing According to the plat recorded March 26, 1973 as Reception No. 257526 Parcel 2: Lot 6A According to the Amended Plat of Baby Beans Subdivision Lots 5A and 6A recorded July 8, 2003 as Reception No. 631262. Parcel 3: A tract of land situated in the NW1/4SE1/4 and the NE1/4SE1/4 of Section 11, Township 7 South, Range 88 West of the 6th P.M., Tying Southerly of the County Road as described in Document No. 181979 of the Garfield County Records and Northerly of the center of Cattle Creek, said tract of land being described as follows: Beginning at a point on the Southerly right of way line of said road, where the EI/4 corner of Section 11 bears North 56° 37'35" East 1,648.16 feet; thence South 68° 1420" East 72.74 feet along the Southerly right of way line of said road; thence South 02° 00'40" West 65.17 feet to a point on the center of said creek; thence South 45° 47;07" West 117.17 feet along the center of said creek; thence South 72° 11'10" West 32.91 feet along the center of said creek; thence North 74° 5629" West 140.99 feet along the center of said creek; thence North 38° 09'14" West 73.85 feet along the center of said creek; thence North 08° 57'10" East 177.92 feet to a point on the Southerly right of way line of said County Road; thence South 71° 59'20" East 215.37 feet along the Southerly right of way line of said road to the POINT OF BEGINNING. ALL IN COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY IMMENNM atICAN enx�nrms .xrocx.Na°a COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-29368 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. NOTE: THIS IS A SEARCH REPORT. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Fomi is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-29368 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 6, 1911 in Book 71 at Page 483 as Reception No. 42198. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 22, 1957 in Book 302 at Page 139 as Reception No. 198506. 11. Matters described in'Quit Claim Deed recorded March 12, 1953 in Book 268 at Page 197 as Reception No. 181979. 12. Matters related to the mineral estate as disclosed by Warranty Deed recorded September 17, 1963 in Book 353 at Page 41 as Reception No. 222792, and any and all assignments of record, or otherwise, thereof, or interests therein. 13. Right of Way Easement recorded June 18, 1971 in Book 420 at Page 80 as Reception No. 250087. 14. Easement and Right of Way recorded February 16, 1972 in Book 427 at Page 249 as Reception No. 252603. 15. Protective Covenants for The Up Cattle Creek Subdivision recorded June 1, 1972 in Book 431 at Page 355 as Reception No. 253973. Matters disclosed on the Plat of Up Cattle Creek Subdivision recorded May 15, 1972 as Reception No. 253974 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 CO STG ALTA Commitment Sch B 11 STO Page 1 of 3 STEWART TITLE GUARANTY COMPANY ONOMMI alanICAtt tAXl rrn; Aslocular COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II and on the Up Cattle Creek Subdivision Second Filing recorded March 26, 1973 as Reception No. 257526. 16. Right of Way Easement recorded July 20, 1972 in Book 433 at Page 290 as Reception No. 254600. 17. Easement Agreement recorded April 17, 1973 in Book 443 at Page 151 as Reception No. 257819. 18. Right of Way Easement recorded September 17, 1979 in Book 535 at Page 241 as Reception No. 297562. 19. Matters disclosed on the Exemption Plat of the Baby Beans Subdivision recorded February 29, 1980 as Reception No. 302003, and on the Amended Plat Baby Beans Subdivision, Lots 5A and 6A recorded July 8, 2003 as Reception No. 631262. 20. Protective Covenants for Certain Property of John Marshall Stirling recorded February 29, 1980 in Book 544 at Page 419 as Reception No. 302004. 21. Baby Beans Road and Water Covenants recorded February 29, 1980 in Book 544 at Page 426 as Reception No. 302005. 22. Grant of Easement recorded July 1, 1981 in Book 575 at Page 875 as Reception No. 316503. 23. Grant of Easement recorded July 1, 1981 in Book 575 at Page 876 as Reception No. 316504. 24. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded November 16, 1982 in Book 612 at Page 341 as Reception No. 334428. 25. Amended and Restated Declaration of Covenants for Baby Beans Lots 1, 2, 3, 4 and 7 recorded February 26, 2002 in Book 1332 at Page 386 as Reception No. 598006. 26. Agreement to Vacate Walking and Parking Easements recorded July 18, 2003 in Book 1494 at Page 903 as Reception No. 632161. 27. Matters disclosed on the Amended Final Plat of Lot 11, Up Cattle Creek Subdivision recorded March 31, 2006 as Reception No. 695196. 28. Declaration of Shared Well, Shared Pump, shared Septic / Leech Field Systems recorded July 14, 2006 in Book 1820 at Page 510 as Reception No. 702085. 29. Memorandum of Lease recorded November 12, 2003 in Book 1537 at Page 641 as Reception No. 640625, Assignment of Water Lease and Agreement recorded January 19, 2006 in Book 1765 at Page 364 as Reception No. 690789 and Re-recorded February 2, 2011 as Reception No. 798284. 30. Right of Way for the un -interrupted flow of Cattle Creek 31. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or bank of a navigable river or lake, or lies below the mean high water mark thereof; (b) the boundary of the land has been affected by a change in the course or water level of a navigable river or lake; (c) the land is subject to water rights, claims or title to water and to any law or governmental regulation pertaining to wetlands; (d) the public's rights to use the waters. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 CO STG ALTA Commitment Sch B II STO Page 2 of 3 STEWART TITLE GUARANTY COMPANY 01.11111.111 AMEILICAt SANp TITh COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-29368 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY Exhibit _Staarvti:laY and (Wargest; RegisteredLima Surveyors 818 Colorado brains Glesawoodtataga, Cokcado 81601 (97,p) 045.8684 PARKING AND WALKING EASEMENT A Parking and Walking Ea.sement situated in lot 6A as depicted on the Amended Plat of the Baby Beans Subdivision, Lots 5A and 6A, County of GarfiegStute of Colorado. Said plat being recorded July 8,2003, as Reception No. 631262 in the mord elle Garfield County Clerk and Recorders Office. See Exhibit A attached. 1;269O r 111111111111111111111111111111111111111 1E111E11E 632161 07/16/2003 03:16P 61494 P903 N ALSDORF 1 of 16 R 61.00 D 0.00 GARFIELD COUNTY CO AGREEMENT TO VACATE WALKING AND PARICINNG EASEMENTS This Agreement is made effective this / () day of jilt/ , 2003, by and between the owners of all of the lots within the Up Cattle Creek Subdivision, First and Second Filings, Garfield County, Colorado, as further described below, and the owner of two adjacent lots (lots 5 & 6) within the Baby Beans Subdivision Exemption, Garfield County, Colorado: RECITALS a. The Up Cattle Creek Subdivision was originally established by John. Marshall Stirling pursuant to a Map that was recorded in the Office of the Garfield County Clerk & Recorder on June 1, 1972, Document No. 253974. Said Map created 12 residential lots known as Lots 1-12, Up Cattle Creek Subdivision. The Map also shows a ten foot (10') wide "Walkway Easement" extending from conunon area between lots 7 and S, thence northeasterly along the shared lots line between Lots 7 and 10, thence across Monahan Drive, thence northerly along the eastern edge of the Up Cattle Creek Subdivision, thence across Lot 12 to the northern edge of the Up Cattle Creek Subdivision. A statement entitled "Certification of Final Plat" provides that John M. Stirling "hereby dedicates, as private easements, to the private use of the owners of the lots of said subdivision, their heirs and assigns, drainage easements, walkway easements, and easements for the use of roads shown hereon .... ' b. John Marshall Stirling subsequently recorded a Second Filing Map for the Up Cattle Creek Subdivision in the Office of the Garfield County Clerk and Recorder on March 26, 1973, Document No. 257526. This Second Filing established Lot 12A (an expansion of old Lot 12) and Lot 13. The Second Filing Map shows "Walk. Easements" along the eastern boundary of Lot 12A, through the middle of Lot 12A (from east to west), and along the shared boundary of Lots 12A and 13. A "Parking Easement" and another "Walk Easement" are also shown on the Second Filing Map north of Lot 13 on property that is now within Lots 5 and 6, Baby Beans Subdivision (which is further described below). Another statement entitled "Certificate of Dedication" on the Second Filing Map provides that John Marshall Stirling "dedicates, as private easements, for the private use of the owners of the lots of said Upper Cattle Creek Subdivision, Second Filing, their heirs and assigns those drainage easements, walkway easements, road easements, and parking easements shown hereon and including the right to use the roadways and walkways as now constructed and in use connecting said subdivision with the adjacent county roads." c. John Marshall Stirling subsequently recorded a Map of the Baby Beans Subdivision Exemption with the Garfield County Clerk & Recorder on February 29, 1980, Reception No. 302003. Said Map created Baby Beans Lots 5 and 6 upon the property where the parking and walking easements shown on the Second Filing Map of the Up Cattle Creek Subdivision referred to above. STMUNG-Up co 5 AGREEMENT TO VACATE EASEMENTS 1111111111111111111111111111111i 1111011111I 11111111 832161 07/18/2003 133 :16P 61494 P904 17 ALSDORF OF CATTLE CREEK SUBDIVISION 2 of 18 R 81.00 D 0.00 GARFIELD COUNTY CO PAGE 2 d. Lot 6 of the Up Cattle Creek Subdivision was subsequently subdivided into two parcels, by virtue of Garfield County Board of County Commissioners Resolution No. SB -35, recorded May 11, 1983 at Book 627, Page 133. Said parcels, each consisting of approximately two acres, were thereafter referred to as the "easterly portion" and the "westerly portion," respectively. e. The walking and parking easements referred to in the preceding paragraphs have not been used for many years. Some of the routes are dead ends. Others are not necessary for the use and enjoyment of surrounding properties. For these reasons, and in order to avoid costs and potential liabilities associated with future upkeep and use of these easements, the collective owners of Lots 1-5, Lot 6 (easterly and westerly portions) and Lots 7-11, Up Cattle Creek Subdivision; Lots 12A and 13, Up Cattle Creek Subdivision Second Filing; and Lots 5 & 6, Baby Beans Subdivision Exemption, all mutually desire to permanently vacate these easements. In so doing, however, none of these lot ownersdesire to vacate any other easements, such as road, utility or drainage easements, which are in fact necessary to the use and enjoyment of their various properties. WHEREFORE, in consideration of the mutual promises set forth in this Agreement, and other good and sufficient consideration, the sufficiency of which is acknowledged, the parties further agree as follows: 1. All of the above-described walkway and parking easements shown on the Maps of the Up Cattle Creek Subdivision, Up Cattle Creek Subdivision Second Filing, or the Baby Beans Subdivision Exemption (Lots 5 & 6 only) are hereby vacated and permanently abandoned. 2. This document shall not be construed as an abandonment of any other easements shown on the various Maps of the Up Cattle Creek Subdivision and/or the Baby Beans Subdivision Exemption, including specifically easements for roadways, driveways, utilities, or drainage, which easements are necessary to the use and enjoyment of the various properties within these subdivisions. 3. This Agreement shall be recorded in the records of the Garfield County Clerk & Recorder at the expense of the owner of Lots 5 & 6, Baby Beans Subdivision Exemption. Otherwise, all parties agree to be responsible for their own costs and attorneys' fees incurred in negotiation or preparation of this document. SO AGREED this 10 day of c1u , 2003. STIRLING -Up Coale creek -Easement Vocative A i Exhibit Chris McGovern Information as of 5/13/2014 from Garfield County Assessor Website Cattle Creek House (4468 County Road #113, Carbondale 81623) purchased 1970 1 + acre (metes & bounds description) 293-114-00-019 Section 11, Township 7, Range 88 Lot 0 Neighbors/Parcels touching or within 200 Feet 2393-114-00-013 (TreeHouse 4466 County Road #113, Carbondale) touches SW corner/ Owner: Bill Nestman 544 Riverview Dr Unit #601, New Castle, CO 81647 2393-114-00-020 to the East/ Owners: Wewer and John Stephen Keohane 4618 Rd #113, Carbondale 2393-114-00-031 to the West (Owner: Chris McGovern) 2393-114-00-012 (Vacant Lot) to the south Owner: Chris McGovern Across Cattle Creek Road to the North: 2393-114-00-027...SIMON, MARK & SIMON KOTLARCHYK, KAREN M., 4333 County Road #113... (PO BOX 2600, GLENWOOD SPRINGS, CO 81602) Ua Cattle Creek Lot 12A Vacant Lot purchased 1972 3.56 acres Subdivision: UP CATTLE CREEK SUBDIVISION 2393-114-00-012 Section 11, Township 7, Range 88 Neighbors/Parcels touching or within 200 feet 2393-114-00-020 to the East/ Owners: Wewer and John Stephen Keohane 4618 Rd #113, Carbondale 2393-114-00-013 (Treehouse) to the West (north portion)/ Owner: Bill Nestman 544 Riverview Dr #601, New Castle, CO 81647 2393-114-00-011 To West/South Owner: Carla Ostberg 0033 Four Wheel Dr Rd, C'dale 2393-114-00-019 to the North/ Owner: Chris McGovern One point touches Parcel 2393-141-00-380 MINETREE, THOMAS A, 2957 103 COUNTY RD/2957 CRYSTAL SPRINGS RD (PO BOX 2408, MUSCLE SHOALS, AL 35662) Within 200 feet to the south: 2393-114-00-014- UP CATTLE CREEK HOMEOWNERS ASSOCIATION COMMON AREA, c/o 125 CACTUS FLAT, CARBONDALE, CO 81623-9601 Baby Beans Lot 6A (4464 County Road #113, Carbondale, CO 81623) purchased 2003 3.55 acres BABY BEANS SUBDIVISION 2393-114-00-031 Section 11, Township 7, Range: 88 Subdivision: Baby Beans Subdivision Lot 6A (Amended Plat lots 5A and 6A) Neighbors/Parcels touching or within 200 Feet 2393-114-00-030 to the west Owners: Gary & Eileen Jones, 4396 Rd #113, Carbondale CO 2393-114-00-013 (Treehouse 4466 County Road #113, Carbondale) to the South/Owner Bill Nestman- 544 Riverview Dr #601, New Castle, CO 81647 2393-114-00-019 (Cattle Creek Hse 4468 Rd #113) to the East Owner: Chris McGovern Across Cattle Creek Road to the North: 1) 2393-114-00-018 across the Cty Road: 4435 Rd.#113, WALE, JUNE D., (Mail: 176 NIGHTHAWK WOOD, CARBONDALE, CO, 81623) 2) 2393-114-00-027...Across Cattle Creek Road to the North: SIMON, MARK & SIMON KOTLARCHYK, KAREN M., 4333 County Road #113...(PO BOX 2600, GLENWOOD SPRINGS, CO 81602) Exhibit Lee Leavenwort From: Sent: To: Cc: Subject: Attachments c McCafferty[ene@cornpassmountain.net] 0. OS November 06, 2013 10:53 AM risMcGove e Leavenwo McGovern Plat Amendments (Mineral Rights Search) 1 mcgovemG,pdf k.=� Hello Chris and Lee Attached is the research. By way of executive summary, it appears that Chris McGovern owns 3/4 mineral interest to t subject lands and Carneal reserved 1/4 interest. I found no records that indicate Carneal later conveyed their mineral interests. A good mailing address for Carneal could not be found utilizing records available to me. Please contact me with any questions. It has been a pleasure working with et me know if I can answer any questions or assist with anything else. ank you, McCafferty 0.618.0837 6 November 2013 Christine McGovern 930 Bennett Avenue Glenwood Springs, CO 81601 Sent via email RE: McGovern Research / Garfield County Chris, Eric D. McCafferty Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 eric@compassmountain.net Thank you for the above -referenced research request. I appreciate the opportunity to work with you and look forward to assisting you with your title research and information needs on the Western Slope of Colorado. Invoice for Services Rendered: Title Research: CMLU Job number: 2013-101 Order # Research Time: 5 hours @ $80.00/hour: $400.00 Total for this Invoice: $400.00 Due and payable upon receipt. Please remit your payment to: Eric McCafferty Post Office Box 86 Glenwood Springs, CO 81602 Research Methodology Portions of the SE '/4 Section 11, Township 7 South, Ranch 88 West 11/06/2013 I was requested to research the mineral rights ownership of three parcels of land, currently owned by Chris McGovern. The parcels are being identified by Garfield County Assessor Account Numbers and are: R009972, Lot 6A, Amended Plat of Lots 5A & 6A, Baby Beans Subdivision; R050076, Lot 12A of Up Cattle Creek Subdivision; and R050078 a metes and bounds described tract. There were two patents to the land issued by the United States. Neither patent reserved the mineral rights to the United States, so both the surface and mineral estates were conveyed by the government. The majority of the lands are described in the patent issued to Joseph F. Pitts, recorded at Reception #198506, recorded 7/22/1957. A very small portion of the subject lands is located in the SE'/ SE 'A with patent issued to Merrill H. McLachlin, recorded at Reception #42198, recorded 7/06/1911. Chain of title for the Pitts patent is relatively easy to follow. Specific to mineral rights, the Warranty Deed recorded at Reception #222792 between Carneal, grantors, and Zorko, grantees, reserves a one-fourth (1/4) mineral interest to the grantors (Carneal). I found no recorded conveyances of the mineral rights reserved by Carneal. Nor did I find any records in the Garfield County Assessor's Office that would indicate that Carneal has leased the mineral rights. It appears the chain of title for the mineral rights reserved by Carneal ends here. For notification purposes, the last known partial address for Carneal is shown on the Warranty Deed recorded at Reception #222792. A review of the additional deeds in the chain of title to the current owner, McGovern, results in my opinion that the remainder of the mineral rights ownership has been conveyed to McGovern. Regarding the patent issued to McLachlin. It appears these lands passed to Ima Renftle via the Decree of Final Settlement and Determination of Heirship recorded at Reception #69680. It appears a small portion of these lands was later conveyed to Joe Pitts (same as Joseph F. Pitts) through the Warranty Deed recorded at Reception #202765. Thus, it appears that McGovern owns 3/4 of the mineral interests of these lands (Carneal ''A owner), as I find no other records that indicate conveyance to some other owner. PRF Y.eaPTI N AND CA88 ENTRY PATENT.-*+R..a.aa•.•.ow•••••• 483 WHBREA8, Thep United States of America. Td all to Whom these Presents Shall Came. Greeting: ha.¢feposited in the General Land Oaco • • rl 1 Certificate of the Regioter of the Lend Office ategKea....cerwaseZie�ea hereby it appeals that full paymentbas been made by the egld _c:�'' J /•tt do /��-__ accordingto the provisions of tbeAct of Coe pad the acts supplemental thereto, for -46 than, of Apr110820, entildel"An admitting fpllberprovision for the sale of the Public hands." y�y.- y/���ra�.t��" P._ lye/.�!/�I.t.��P.,-d--P�.�+�dc•?p���_._. 0�7'7e- .i r/ —c7:' 7�!LYr� O� !/. t.i�q/ 'W-c•riLa[�'a. �t/ ftJGllJl� ...�'r'�`i/ Aerk-G!/.c,-7'-y,de t4- r 4S's.e-e7 / .e -e, according to the Official Plat of the Survey of the said Lands. retorned to the General Land Office by the Surveyor General, which-naid-Tract.... _ . NOW KNOW Y. That the United Stales of erica, in consideration of the premises, au in conformity with the severed aiim in such cane made and provided, btulg von and granted, end by these prosaate give and grant unto the odd pp am/ to a tfieVt7 aearD• 0 said Tmet.-nboye described; TO PIAVE AND TO OLD Tho same together with ell the rights, privileges, immunities and appurtenances, of whateover ooture, thomoato belonging, as the said - +a..tJ and to helm and ad omver; subject to any vestal and accrued water liable for mining, ogriculloml, maoufactering or other purposes, and rights to ditches and resormim need in connection with such water rights as may bo recognised and acknowledged by the local =toms, laws and decisions of Coasts. and there is mowed from the lands hereby granted a right of way thereon far ditches or mask eoaetra A:4�wmath rity of the Uoi Sta Ili TESTIMONY WHEREOF I____. ._ President of the United Staten of America, have caused these letters to be made patent, and the Heal of the General Land Oifi to be hereunto ai6e GIVEN or n9r hand, at the City of Washington. th day of _ , in the year of our Lord one thousand mina hundred and • and of the Independence of the United States the ono hundred A�. BY THE PR, F. A. Williams SEAL A. A. Williams SEAT, STATE OF COLORADO ) - es County of Garfield ) This mortgage was acknowledged before me this 12th day of January A.D. 1920 by F.A. Williams & A.A. Williams mortgagors. My commission expires January 2, A.D. 1922. M. Irene Lehow Notary Public. Filed for record Jan. 15, 1920. at 3:22 P.M. Walter J. Frost, Recorder. 69654 STATE OF e050RAD0 ) )as Mesa County ) • BEFORE ME. Tbs subscriber „personally- appeared P. R. Chmeron, who, being dulyeworn, eaith that at least One hunare& Dollars' worth of work Or improvements were performed or ma'e • upon placer claim known as-Claribel No. 1.. the same being the south half of the north half of Section 23, Township 6 South, -Range 99, went 6th P.M. - situated in Mt. Logan Mining District, County of Garfield, State of Colorado, ae recorded -in book 111 at page 143 of the Records of said Garfield '%ounty; such expenditure was made by or at the expense of The Rooky Mountain Shale 011 Products Company, owner of said claim for the year ending December Slat, 1919, and for the purpose or holding said claim. Said work woe performed between the 18th day of September and the let day of Novemoer A.D. 1919. AFFIDAVIT OF VALu3 uP LABOR AND ImPR0VEMEif2S P.N. Cameron .Subserlbed ani. sworn to before me this 17th day of October A. D. 1919. My commission w111 expire January 20. A. D. 1920. Lee W. Burgess Notary Public. Filed for record Jan. 16, 1920 at 8:14 A.M. Walter J. Frost, Recorder. 1.69655 AFFIDAVIT OF VALUE OE LABOR AND1MPR0FEMENTs STATE OF COLORADO ) se Mesa County ) xiad.P,rcS Before Me, The subscriber, personally appeared P.3 CdMeron,40ne hundred Dollars' worth of work or improvements were performed or made upon plaoer claim known as Olarlbel No. 2, the same being the north half of the north half of Section 23, Township 6 south; Range 99 west, 6th P.M. situated in Mt. Logan Mining District, County of Garfield, State of Colorado, as recorded in book 111 at page 220 of the Records of said Garfield County; suoh expenditure was made by or at the expense of The Rooky Mountain Shale Oil Products Company, owner of said claim for the year ending December 31st, 1919, and for the purpose of holding 'laid claim. Said—work was performed between the 18th day of September and the let day of November A.D. 19 P.N. Cameron Subscribed and eworn to before me this 17th day of October A.D. 1919. My commission will expire January 20, A.D. 1920 9b Lee W. Burgess. Notary Public. Filed for record an. 16, 1920 at 8:16 A.M. ' Walter J. Frost, Reoorder. 69680 STATE OF COLORADO ) )as. County of Garfield) DECREE OF FINAL SETTLEMENT AILD DETERMINATION OF HEIRSHIP 09,41 Yta a)3,1 IN THE MAPTER.OF THE ESTATE OF Merrill H. McLachlin Deceased ) DECREE OF FINAL SETTLEMENT AND.DETERUINATION OF HEIRSHIP And now on this day comes David S. Jamee, Administrator of the Estate of Merrill.R. RoSaohlin, deceased, and presents to the Court a final report of his acts and ffioinge ae euoh,.a aka that the same be approved and that he be diehharged and said latate decreed to be fully administered according to law. And it appearing to the -Court, from the records and files herein, and the Court doth find thatMerrill H. Mc3sahlin departed this life on or about the 17th day of July A.D. 1916; and thereafter David S. James was duly appointed Administrator of said Estate. And it further appearing to the Court and the Court doth find that a notice to creditors to file claims against said Estate was published. in the manner and as required by lac. and that all claims allowed by the Court against said Estate, and ell coat of administration have been paid And the Court doth further find that more than one year has elapsed since letters were issued herein and that there hes been published, In the manner and as required by law, and in accordance with an order of this Court, a Notice that said finairreport would. be presented for approval on Monday, the 27th day of Auguat A. D. 1917. and that, earing was regularly ooatinued to this date. And it appearing from said report. and the Court doth find that said Administrator has received, for and on behalf of said Estate, the sum of $8572.82; and has expended the sum of '8572.82, leaving In his hands nothing to be destrlbuted. And the Court doth further find that said David 5. James •hae administered the estate of aaid deceased which has come to his hands and performed the duties as euoh and as provided by law. . And it appearing to the Court that said deceased died leaving intestate lands, tenements, or hereditaments and that a petition was heretofore filed herein for Ime Renftle olalming to be as heir at law of tho said deceased and making application for the determination of heirship and that the order for notice of final settlement and the notice of final settlement published as aforesaid noluded a notice of said application and notice of such final settlement and determination wag waived In writing by said Ime Renftle; being all the persona named'as heirs in aucb petition who . "an be served In this State and the Court hailing received and heard the testimony and proofs introduced herein, and having considered the same, doth d'ind ascertain and determine that the sole sad only heir at lar, of said deceased and her interest in said estate is as follows, to -wit: NAME ma Renftle, RELATIDSHIP daughter •• FRACTIONAL INTERrIST • the whole estate. 1T IS THEREFORE ORDERED': ADJUDGED AND DECREED by the Court that the said heir at law le the ole and only heir at lac of said deoeaoed and upon the death of said deceased became seised and ftosseased or all the right, title and Interest which the said deceased enjoyed during his lifetime 'in and to any and all land£ tenements, hereditaments or other property of which the said deceased liked seized and possessed. I AND 1T 1S FURTHER ORDERED, ADJUDGED AND DECREED that distribution of all property La the ands of said Admialatrator be made to the following named person or to her legal representative o -wit: To Ima Renftle, the only child of said deceased AND IT 18.$URTHER ORDERED, ADJUDGED AND DECREED that the said flnnLgoport and all nota and oings of the said Administrator in and about the administration of the, a ate be, and the na8�g�Q�.�/ re hereby In all this fully ratified, confirmed and approved by the Court and that having,,a21 letribution and having filed propor reoelpta therefor in this Court he be discharged and hie ondemen released from further liability in she premises. Done in open Court thla 13th day 6f February, A.D. 1918. By the Court R. J. Smith Judge. (TATE OF COLORADO i ae. arfield Caunty ) I. R.J. smith, Judge and'Acting Clerk of the County Court of Gar3ield County, State of olorado. do hereby certify the above and foregoing to be a true, full•and complete copy of the riginal Decree made and entered in aaid Matter and in said boort properly remaining. Witness my and the Beal of said Court hereto, at Glenwood 3 inga, thla 17th day of Jamuary, 1920 O AN -r45R. J. Smith S /qe Judge and Acting'Clerk -74 :Filed for record Jan. 17th, 1920 at 3:30 P.M. Walter J. Profit, liecorder. 69688 CHATTEL 1i0RTGAGE kIl0VI ALL MEN HY THESE PRE3E7TS. That Albert M. Powell, Rifle of the County of In the State of Colorado, party of the first part, for and in oonaideration of the indebtedness here- inafter mentioned, and 1n the further oonaideration of five dollars, in hand paid to the said party of the first part by The Cole .Motor Sales Company a Colorado corporation, of the City and County of Denver and State of Colorado aforasald, potty of the second part, receipt whereof Is hereby acknowledged, said party of the first part does hereby transfer assign and sell.unto the said party of the second pert and its successors and assigns, the following property, goods and chattels to -wit: One International Truck Yodel G. #914 and all eoceeseriee and appurtenances now a part thereof. " " " " " which may hereafter be added thereto all of the above personal property goods and chattels to be kept upon the premises known as Street. Denver, Colorado. - . . . . • • . . • t • •. • . . . . . . • • • • .• •C • •:!. .• '::.-`1..." \ 7....ii). 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'';',.... .•OOtuititlit" ' Ouittcl.d...otitti Etate.ci-Coloreact,.• : -.• :•'.' • '•-t :. “....:--V. •.ilii;fauti'w Jig polie45 5! : . • • : : • - . • t • ••• • ' -.; • • : ; tra of• a' ?",! acre 1. ;!1"-si:r! -C'Ye *:(171"1• 60.: f•;:ifie 4iftittt e97„tksi.. YO.:1641)01:1 iiiscs1itii):•'d doii43$14- Ptira:iir... `0:1,660e,..*:29.2;.:.4.e.....cjiit,h.,' 140;ev.•,•:ttieii,C.'6••,140fih'•;29..k :h61;0:;15.ki4:••$ir'sitfii F4noe 'Lia "4.31:4';1/.411 • - • • •• ••. • • ; ":••;.• . !.7 ?arginkt.1" tlitc soNec.t. to O et.qopticaui • - • ' ".;„• • • ` :•• " ' " : • ••• . : • • retelit' ':.':•••••••• - • • • .. . .3 Ott • WM ..-trICS1k •••it itOiaitPA:•t.••••••• • .:?••:: *Zei5411- .••• •, • • • •• r.-:•-70:•••• -^; • ••••••• D. :1'.. • :1, •. . .. : .• •••;,... ••• ... „ : . , '.•;"..'t.- . • . • t ...4-4.;. •',;.' • • t't•''• , .' '.' .. -•,. 'C.' ' ''" ' . ,.:. `:...•:.• .... ••.' ;;; .'": . ''''':..;•'..;-:*:;.•:.: :,:. , ....:.:••i:.*::•,...,• 41.tartl,ttr•;,;!!.. belprstinc1hja-...,: . , ta• Itatigt=ctru=buittitteircuttoF br IriKo act.taa•km reiirteintai nada atOtrete411.:•. • tasstrworr otiGF,FMI?artro.ta br• Whir, . . . . . OT 13111;r1r it•••••41:rere"Z;;"' • • • . . ."; ::-. • rtecorued July 22, 1957 iteC ra r.t 1 w1 :;o . 198506 Denver 035727 at 4:27 'r.. Chats. S. K. a n,itecoruer d-1003. itittittb ttthti u1 Anteritat Ina ult fu Wpm timer preaessta Wyatt conte, Grouting: Book 302 P•at,e 139 • WHEREAS, a Certificate of tho Register of the Lead Office of Denver, Colorado, hu been deposited la the General Land Office, whereby It appears that, pursuant to the Act of Congress of May 201 1862, "To Secure Homesteads to Actual . Settlers en the Public Domain," and the acts supplemental thereto, the claim of Joseph F. Pitts bas bees estebfshed and daly consummated, in conformity to law, for the southwest quarter of the northeast quarter, the north half of the southeast quarter and the southwest quarter of the southeast quarter of Section eleven in Township seven south of Range eighty-eight west of the Sixth Principal Meridian, Colorado, containing one hundred sixty acres, according to the (Vidal Plat of the Survey of the said Land, on file In the GENERAL LAND OffICEt NOW KNOW YE, That there Is, therefore, granted by tho UNITED STATES onto the sold claimant the tract of land above described; TO NAVE MW TO HOLD the Bald tract at Land, with the appurtenances thereof, unto the said claimant and to the heirs and assigns of the sold claimant forever' sabiect to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used In connection with such water rights, as may be recognized and acl uowledged by the local customs, ;ata, and dalliers cf courts; and there le reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the: authority of the United States. ItEiOBOED, Patent Hanker 1Q5042. tN TESTIMONY WHEREOF, t, Herbert Hoover, President of the United States of America, bare caused these letters to be made Potent, and the eft of the General Land Office to be hereunto affixed. GIVEN trader my band, at the City of Washington, the Ilk et -Fit: day of nine hundred and OC1U3tk In the year of our Lord one tbasaud THIRTY-ONE and of the Independence of the United States the ono b and By the PreeldeaAV By Fir l ru 4.4010,0 Air a 1 • �' , Secretary s,-eno .,.nouoes colon Ramicral c«wrtaaa ,. Recorded May 7th, 1959 at 2:39 P.r. 'Reception No. 205297 Chas. S. Keegan, Recorder IN THE COUNTY COURT No. 9-2683 STATE OF COLORADO, . ss. COUNTY OF GARFIELD. ) IN THE MATTER OF THE ESTATE OF JOE F. PITTS, ALSO KNOWN AS JOSEPH F. PITTS, ALSO KNOWN AS JOE FRANKLIN PITTS, ALSO KNOWN AS JOSEPH FRANKLIN PIT TS, DECEASED. Book 317 Page 1$3 CERTIFICATE OF PROBATE 7, Marie -S. Holloway, Judge of the County Court of Garfield County, in the State of Colorado, do hereby certify: That on the 19th day o£ May 1958, the Last Will and Testament of Joe F. Pitts was duly admitted to probate in the County Court of Garfield County, Colorado; that a copy of said Last Will and Testament is hereto attached. I further certify that the testimony taken on the probate of said will was reduced to writing , signed by the witnesses and filed in this Court; and from said testimony and also from other evidence submitted, the said Court has and • does hereby find as follows: That the said Joe F. Pitts died on the 24th day of April, 1958, in the County of Garfield, State of Colorado; that at the time of his death, he was a resident of said County of Garfield, State of Colorado; that the said Last Will and Testament attached hereto is a true copy of the Last Will and Testament which was duly executed by the said decedent in his lifetime and duly signed by 'the testator in the presence of the subscribing witnesses thereto; that said testator acknowledged the execution of his said Last Will and Testament; that the said witnesses attested the same at the request and in the presence of the testator and in the presence of each other; and that the decedent at the time of the execution of said Last Will and Testament was of legal age, of sound mind and memory, and not acting under duress, menace, fraud, or undue influence Book 317 - . Page 184 and was not in any respect incompetent to devise and bequeath his estate. I further certify that Alma E. Pitts, the Executrix permed in said Last Will and Testament was appointed and duly qualified as such Executrix on the 19th day of May, 1958 and that Letters Testamentary issued to said Alma E. Pitts on said date. I further certify that said estate has been fully administered; that all debts, expenses and inheritance taxes have been paid in full; that, after due and sufficient notice of hearing in connection therewith, a Decree of Final Settlement was issued herein; that said Executrix made distributien of personal property in accordance with said Decree of Final Settlement, and filed herein receipts properly evidencing such distribution; and that on the date of this certificate said Executrix was discharged, her•bondsmen released, and the said' Estate was closed. IN WITNESS WHEREOF, I have signed this Certificate and caused the same to be attested by the Clerk of said Court, under the seal thereof, this seventh. day of May , A. D. 1959. ATTEST: az, udge and Acting Clerk of'the Cou Of 'Garfield' County, Colorado. Zeofthe County Court. Court Book 317 Page 1$5 LAST WILL AND TESTAMENT OF JOE F. PITTS I, JOE F. PITTS, of the County of Garfield and State of Colorado, being more than twenty-one years of age, and of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, renouncing any other or former Will that may have been heretofore executed by Bite. 1. It is my desire that all just debts owing by me and remaining unpaid at the time of my death and all expenses of last illness and all funeral ex- penses shall be paid as soon as it may be convenient to do so. 2. After the payment of any indebtedness, as.provided for herein, I will and bequeath to my beloved wife, ALMA E. PITTS, all property of every kind and character, both real and personal, of which.I avail die seized, to be hers ab- solutely and without reservation. • 3. I hereby expressly authorize my executrix hereinafter named, to permit my said beneficiary to enjoy the specie use or benefit of any household goods or personal effects chattels %.vhich my executrix may receive in kind, and my executrix shall not be liable for any consumption, damage, injury or loss of any tangible property so used. The beneficiary hereunder, or her executors or ad- ministrators shall not be liable for any non -negligent consumption, damage, in- jury to orloss of any tangible personal property so used. 4. I hereby authorize my executrix as follows: (1) To sell any property, real or personal, publicly or privately, for cash or on time, without an order of court, upon such terms and conditions as to her shall seem best, without liability on the part of the purchaser to see to the application of the purchase money. (2) To retain any of the original investments or other property con- stituting my estate at the time of my death, regardless of the character of said investments or other property or whether they be such as are authorized by law for investment by fiduciaries, for such time as to her shall seem best and to dispose of any such property by sale or exchange or otherwise as and when she shall deem advisable; and to invest and reinvest funds in such stocks, bonds, notes, mortgages or other property as she shall deem advisable, even though they are not of the character expressly approved by law for investment by fiduciaries. 5. 1 hereby constitute and appoint my said wife, ALMA E. PITTS, to be the Executrix of this, my Last Will and Testament and request that she be not re- quired to give bond for the performance of her duties as such. IN WITNESS WHEREOF, I have hereunto set my hand this the 31st day of March A. D. 1954. Joe F. Pitts TESTATOR Book 317 P2ge yi$6 ( Page Two- Last will and Testament of Joe F. Pitts.) We, the undersigned witnesses, do hereby state that. the above and foregoing Will was subscribed by the said Joe F. Pitts, Testator, in the presence of each of us; that at the time of the subscribing of said Will, the said Testator did declare the said Will to be his Last Will and Testament, and each of us, at the request of said Testator, and in his presence and in the presence of each other, do sign the said Will as witnesses thereto. Nettie Dodge G. W. Dodge Jeanne Taylor of of of Glenwood Springs 'Colo Glenwood Springs Colo Glenwood Springs Colo •Book .321 •RecordedatjQyp v<tocic !' lt, • Oct;. 221 .I959e • Page 146 Ampui, N0207117 Chas. ''. Keegan : r Recorder • -TIAs" Drinj- Wide tkir---28th asx�L_ .3,ily -__ is the year of osr Lord one thonuad ,iiae heedad and fifty-nine tetwern ALMAAE. PITTS • • of the Conoty of GarfieId and State of Cotorsdo. of the Cosi put; and CHARLES W. CARNEAL and LUCILLE BAYOL CARNEAL; • RECORDER'S STAMP • Virginia . of the' • County of Fauquier _ and SI i oI eta acisifi of the second past: - WITNESSETH. that that the said part y of the fust part, for and in consideration of the soot •ci ' Ten and.no/100- DOLLARS, and other good and valuable considerations • too.- .aid pact y of the J zit,pnrs fa band paid by the nil pastae* of tie second part, •the recrpt whereof is L'Iv. . r••:Jessed and actecowaedt ed. ba g granted. bargained, sold and conveyed. and by these presents do es t t;.: •. 4a s ifX.'selk-teaveriuus_eoarur, «+in the ,old awes o] the second put, their bets sad assigns forever. sot u: tensmy in ce oa I inlaid tenancyal thrfoltoringdesertled fa 'tante, fyisaaad _. -...._ _..z...bang in �:_- Caenty of Garfield as use of Colorado. to-arit• s . Parc•i No. 1. Thr Swat hra9t Quarta-45E4): the Southeast Quarter of the Southwest • • • Quarter (S4SW,); the Nur'htasl Quarter of the Southwest Quarter (13ETSW17; the . Southeast Quarter of the Northwest Quarter (SE*N1W1); Lot Four (4) and the East ' Half of Lot Two (2). Section Fourteen (14), Township Seven (7) South. Range Eighty-. Eight. (88) West of the Sixth (6th) Principal Meridian. containing 357.87 acres, - more or less, together with water and ditch rights represented by Sixteen and Two thirds (16 & 2'3) shares of the capitol stock.of the•Park Ditch and Reservoir Company. Pare.el No. Z. A tract of land ap• proximately one acre lying in t e or we orner---- • of the Southeast Quarter of the Southeast Quarter(SE4SE;) of Section Eleven (ilj, Townahtp Seven (7) South, Range Eighty-eight (88) West of the Sixth (6th) Principal Meridian, described as commencing at the Northwest Corner of the Southeast Quarter of the Southeast Quarter (SE;SF;). thence South along the West line of said Subdivision 388 feet to a point, thence Northeasterly 166 feet to **point 192 feet South of the . u North line of said subdivision, thence North 192 feet.to the North line of said d subdivision, thence West along said, subdivision line 117 feet to the point of beginning. Parcel No.-3,•—A-teaci.oi lanj1 eltuate in the Southeafat Quarter of. the Northeast • Qua rte r (SEINE*), Section Fourteen (14),. Township Seven (7 au E RstigeEigbty-a- ;' ' s tight (88) West of the Sixth (6th) Principal Meridian.. -described by metes and bounds ` . as follows: Commencing at a poutroirthe-Sbuthwe_st_Cornex .o Jbe SE,NE4,.thence ,_.`•_ t:... East 1168 feet along•the South line of said subdiviai9n to a point 136 feet west of . the Quarter Corner on the East side of Section 14, thence Northwesterly. 1414 feet . _ to a point on the West•boundary.line. of said subdivision; thence South' 798 feet along . the West boundary line of said subdivision, to•the point of beginning. • containing •10.7 acres more or less,. , . • Parct: i No: 4. ..Lot Sixteen. (16); •Rection Ten (10), Lot Seven_(7),:SectionElevens 11), _W.est Half Northeast Quarter (WJ+ NE*. Northeast Quarter Northwest Quarter (NEW*), • Lot One (1), less 18.596 acres heretofore conveyetrby-deed-recorded:in-Book.268 at page 75 of the records of Garfield County, Colorado, Lot Three (3). all in Section • Fourteen (14),_ Township Seven (7) South, Range,Eigbty-eight (88) {Nest of tate Sixth (nth) Principal• Meridian, and containing 292.06 acres; •afore or less;:together with: __ all ditch and water rights. used upon ort in connection with said, lands. .. -- Parcel'No: 5:`Tlie Southeast -Quarter of-the-Satithwest.Quarter, (SEISS *) of Section, Eleven (1)), Towndhip 7 South. Range 88 West of the 6th Principal Meridian, containing 40 acres more or less. . . . . • •t Parcel Nu. 6. Lot Nine 1300k 321 Parcel Weggl (9) in Section' Tcit (l0), Lot Six (b}, NE;SW;• , �yzN�'Page 147 e. All in Section 11, To:ua:bip 7 South !'rluLtp:,1 Meridian; less ten acres here;tof'ore conveyed as-tieecribed in deed rt 'elided :es :locums -Id ?:u. !.i! 7 .8, West of the Etjt_ I a 9 9 recorded ip,Book Z68 at Page 197 of the_zrcords of Garin•ltideously. Colorado, and less 6:35 Beres heretofore conveyed = re:terrded as"tyoesiment 1•:o.-Zb14j5 in!3ovk 308 at Page 354 of the sec• yds of Garfield - t County, / I!y deed i - - . Culoradu. :.Bel 1••ss :7.7 of an acre, inure err Ica", tJ !Iced r. currttit..ta Document No. 9r hrrutufure cwiveycd by deed Garfield. Cu:sr,t• , • • 204 0 in Book 3i(, at Page 381 'of the records of Csdor.etlu, and Tess 11:2 acres of, land, more or Icos,. heretofore . ..`un eyed ?,y reed rue urded-ns Moorhens Nu, 2026.73, • recorded in Book 310 at page • 599 4jf ih.: ret cods of •Gnrfieltl:Gpunty. Colorado, and Jess 2. 13 acres, :dove or q•- he•retufors.•couveycd of the 1IE4SE1..au-mtirh Con and Violet Cox, more fully.. • described as follows: l3egietning at a point on the Southerly line -of the County goad at its intersection.with the East line of said NE;SE:1, whence the East Quarter Corne• r . of Section 11. Township 7 South, Range 88 WestJ,th Principal Meridian. bears North •472.61 feet; thence: South 70. 48t West !V. CO feet along the Southerly bouadartf. inn=- --- of aaid.Cotnty_ptogilLsltt:nec South•59°-38t:. • w Y Ro? hence South 777.34 feet; thence Northy75° 03taE a 27 Southerly line of said a point un the East line of said N1 SE;; thence or Eaat long t feet s _ _.-.. _.. of. said N SE.+-=o-thc paint-ciCiicgiitni ar F.lr th 333..9babof.e lands he along the £ast-llne- •• by tieed•reeordcd'a§-iocument No. 202339, in Book 10 at Page e2l7 of the 'records • • of Garfield County.:, Color ado; and less those lands heretofore conveys recorded as Document aIrt � 20497 in -33' k d by Beed �6-a�g�380•of-thr-recilydd of -Garfield Calli7 yr: Colura or and together with all improvements situate thereon and alldTch.-..--.— . _ ... and37fge-rrivlala-used•000n-or•in-ccntg N its said Fenn}", L •.▪ .:•i •• TOG1'sTIIER with all id singular the beudita:ncnts zed Cowen thereent yssiu� artens:nu ;. an revers:en and ••• • remainder and roe ieders,erents. issues aad profits thereof; and w tie estate; eight; title, Lenten. claim asset demand atatsoeree of the add part • y of ebe fust part. either fn law or cgij. cf. in and to the abuse bugaised•psenbe,. with the hue?itaneets and opponensaea. TO HAVE AHD TO HOLD theaald psemfie, above bargained and deseraed, with the appeetcaaeca. sotto the said pants of the amend pas; their hdri !lid!!Biros folevcr.'Aad the said pit y • -of the fust •pirelar hersel hetes, (seances. and administrators do es covenant, grant. bargain and ayrce to^aad witbtst the said pubes of ihtseccnd pan, thefr,btisLand.•aisigns, that at the tine et the caseating aid delivery of these presents she-£" well mired of the premises above conveyed. as of good. snit petal. obsolete sad indefeasible estate of inheritance, e law, is fee lump! Viand ha 9 good right. fall power and lavtfal embodty to great. bargain. sell sad convey the Bison is r. • - r free and clew from at1 tomer and cher graou bargains, salts. Yeas. taxes. assessments and !cumbrances of•w1•itt er kind or Detest Bonier., except reilervauells in •- • tlnited-States •patents-azed-ea'seines!tsatsd-rightsofzway-of-a-public •nr-private nature. V • ••• .the.abase-barsained premises in the gaict and peaceable possession of amnia parties eirlialt — aed assigns. against all sad every person tr petscas la etetly claiming or to Hast the wbolc or 157 part thereof, the said put y of thea first past shall and will WARRANT Al3D FOREVER DEFEND — IN WITNESS WHEREOF the said an y of the fust pan ba s baeaato see .her hand an• d' • sal-_ .the day and year rust above written. - . Sim& Seated sad Delivered la the Presence of G o- CPQ l . - ISEALI - - [BEAU ISEALr • STATE OF COLORADO. L pl iqy=�.: �aty.Garficld a • •. y •••~; . . ' strvmcoi �•-•�^^3iItdttd t,tfor me this 28th day of July C 11251/.11,ll f l• ) E. PITTS , • - • - at �1 14 r.li n , .. !spires ct-a . � !n 6nutt•�+'• ▪ — 19‘ Whiles mr hind and official tat. ; y Mee.I21. t A:i3.—Tor•hero a�taLltoYasaaPsiCa.Yelatoltualealertitat.a1>Ltatitast..e nwu. 't•:C-akes& t>7 aettea wetness bee's ,,, s Bainter to or scan a esti adds tt� ev Ca err au atisearym-l�yesen airs o tr•trsaoes su"iitentet uerell.1a.htx �r an aadtr or dtseltsagoa t otL`laRTr of CO,. '• cyan M at tanto!•)[para lt—Statatory • Ads It OW'S. Seo. 11144 caer acro tses statism 1a i —'--- • luocumiNmmrd Pwr T16 :I - Recorded Sep. 17, 1963 at 2:56 P.M. . Reception No. 222792 Chas. 3. Keegan,Recorder Book 353 Page 4.7. WARRANTY DEED THIS DEED, made thisA/day of August, in the year of our Lord one thousand nine u dyed and sixty-three, between CHARLES W. CARNEAL and LUCILLE BAYOL CARNEAL, of the County of part, and JOSEPH of the County of ROBERT of the County of part: Fauquier and State of Virginia, of the first ZORKO and MARGARET ZORKO, White. Pine and State of Nevada, and J. ZORKO and LESLIE ZORKO, Garfield and State of Colorado, of the second WITNESSETH, that the said parties of the first part, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto Joseph Zorko and Margaret Zorko and undivided one-half interest in and to all of the following described property, not as tenants in common but in joint tenancy with the right of survivorship, and further grant, bargain, sell, convey and confirm unto Robert J. Zorko and Leslie Zorko an undivided one-half interest in and to all of the following described property, not as tenants in common but in joint tenancy with the right of survivorship, their respective heirs and assigns forever, the following described land situate and being in the County of Garfield and State of Colorado, to -wit: - TRACT I All of Section 14, Township 7 South, Range 88 West of the 6th P. M., excepting Parcels (A), (8) and (C) as follows: -j (A) A tract of land situate in the E1/2 NE1/4 of said Section 14 described as beginning at the North- east corner of said Section 14; thence South 2°101 West 2,646.98 feet to the East quarter corner of said Section 14; thence South 89°19' West 136 feet along the South line of said E1/2 NE1/4; thence North 55°04' West 1,369.22 feet to a Voint on the West line of said 81/2 NE1/4 (from which point the Southwest corner of said E1/2 NE1/4 bears South 1°04' West 798.0 feet); thence North 1°04' East 1,870.98 feet along the West line of said 81/2 NE1/4 to the Northwest corner of said E1/2 NE1/4; thence South 89°361 East 1,323.33 feet along the North line of said 81/2 NEI/4 to the Northeast corner of said Section 14, the point of beginning; (B) The W1/2 of Lot 2 and that part of Lot 1 described as beginning at a point on the South line of the County Road as described in Document No. 95884 in the records of Garfield County, whence the Northwest corner of Section 14 bears North 0°03'30" West 387.94 feet; thence South 43°47' Book 353 Page 42 East 158.47 feet along the South right -of --way of said County road; thence South 60032' East 196.01 feet along the South right-of-way of the County road; thence South 81°19' East 202.07 feet along the South right-of-way line of said County road; thence South 61°02' East 135.09 feet along the South right-of-way line of said County road; thence South 36°48' East 188.23 feet along the South right-of-way line of said County road; thence South 57°02' East 179.13 feet along the South right-of-way line of said County road to a point on the center line of said Lot 1; thence South 000'30" East 354.02 feet along the center line of said Lot 1 to a point on the South line of said Lot 1; thence South 88°44' West 860.51 feet along the South line of said Lot 1 to the Southwest cor- ner of said Lot 1; thence North 0°03'30" West 928.08 feet along the West line of said Lot 1 to a point on the South line of said road, the point of be- ginning. (C) The deed to The Board of County Commissioners of Garfield County recorded in the Garfield County records as Document No. 109222, and subject to the County roads as shown on m#ps recorded in the Gar- field County records as Documents No. 70241 and 95884. All of the property described in Tract 1 contains 572.18 acres, more or less. TRACT 11 Lots 6 and 7, NEX/4 SW1/4, NW1/4 SE1/4, NE1/4 SE1/4, SE1/4 SW1/4, SW1/4 SE1/4, and the SW1/4 NE1/4 in Sec- tion 11, Township 7 South, Range 88 West of the 6th P. M. Also, a tract of land in the SE1/4 SE1/4 of said Sec- tion 11 described as beginning at the Northeast cor- ner of said SE1/4 SE1/4; thence East 127.0 feet along the North line of said SE1/4 SE1/4; thence South 2°33' East 292.0 feet; thence South 51°59' West 155.76 feet to a point on the West line of said SE1/4 SE1/4; thence North 2°33' West 388 feet along the West line of said SE1/4 SE1/4 to the Northwest corner of said SE1/4 SE1/4, the point of beginning, containing one acre, more or less. Excepting, however, the tracts of land heretofore conveyed out of the above described property to par- ties3 in the acreage and by document numbers in the Garfield County records, as follows: Parties Acreage Doc. No. (a) Gene A. Oox 6.35 201415 (b) Gene A. Cox 0.77 204980 (c) Meredith Cox 2.89 204979 (d) Thomas R. Gould and Wilma R. Gould 3.91 202339 (e) Meredith Cox and Violet Cox 2.13 206878 (f) Charles Renftle 11.2 202673 (g) The Board of County Commissioners of Garfield County, Colorado 10 181979 -2- 1 Book 353 Page 43 • All of the property described in Tract II containing 283.6 acres, more or less. TRACT III Lots 9 and 16 in Section 10, Township 7 South, Range 88 West of the 6th P. M., except a deed to Garfield County recorded in the Garfield County records as Document No. 181979, and subject to the County road as shown on map recorded as Document No. 95884. Also, subject to an easement or right-of-way to the Public Service Company of Colorado, described in Doc- uments No. 215571 and 215572 in Garfield County records. All of the property described in Tract III containing 71.38 acres, more or less. Together with any and all ditch and water rights be- longing to, used upon or in connection with the above described property, including but not exclusively the water and ditch rights represented by 16 2/3 shares of capital stock in the Park Ditch and Reservoir Company. Excepting an undivided one-lbmth interest in and to all oil, gas and other mineral rights situate in, on or under Tracts X, II and III as heretofore described, together with the right to prospect for, mine and re- move the same. Together with all and singular the hereditaments and appur- tenances thereunto 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 said parties of the first part, 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 said parties of the second part, their respective heirs and assigns forever. And the said parties of the first part, for themselves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their respective heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incum- brances of whatever kind or nature, socver, except a deed of trust given to secure the parties' of the first part promissory note payable to Alma E. Pitts, dated October 13, 1959, in the principal sum of $18,000.00, together with interest at 5d, pay- able as therein provided, which deed of trust is recorded in the office of the Clerk and Recorder of Garfield County, Colo- rado, as Document No. 207118 in Book 321 at Page 148 thereof, which the parties of the first part warrant has a principal bal- ance due in the sum of $8400.00, together with interest from date hereof until paid, which obligation the parties of the seoond part herein assume and agree to pay; and except reser- vations in United States patents and easements and rights-of- way of a public or private nature, and the above bargained premises in the quiet and peaceable possession of the said par- ties of the second part, their respective heirs and assigns, -3- / Book 353 Page 44 •r •_. L '- - • • against all and, every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. • STATE OF VIRGINIA ) as. COUNTY OF FAUQUIER ) The foregoing instrument was acknowledged before me this . ______ day of August, A. D. 1963, by CHARLES W. CARNEAL and LUCILLE BAYOL CARNEAL. Witness my hand and official seal. / ,! My commission expires: ///jam/C / Nata3ey Pu Recorded at...313 oclocx.�.....et...._F.eUxuaxy_1br 3s?.6 _ Reception No.22.B.7.46........ Book 364. Page 35 THIS DEED► Made this 15th day of February in the year of our Lord ono thousand nine hundred and sixty-five botweenRODERT ]. ZORKO, LESLIE ZORKO, JOSEPH ZORKO and MARGARET ZORKO of the County of Larimer and State of Colorado, of the first part, and JOHN' G. 01 BR/EN FILING STAMP of the County of Pitkin and State of Colorado, of the second part: WITNESSETH, That the said party of tho first part, for and in consideration of the sum of Ten Ddilars and other good and valuable considerations r - - - - - - - - - linfebAllej to the said party of the first part in hand paid by the aald party of tbo second part, the reeeipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convoy and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot Or parcel of land, situate, lying and being in the County of Garfield and State of Colorado,to•wit: • SEE DESCRIPTION ATTACHED HERETO. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and tho reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first pert, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the onsealiag and delivery of those 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 has good right, full power and lawful authority to grant, bargain, sell and convey the Dame 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 and encumbrances of whatever hind or nature Beaver, except reservations in United State stents; easements and rights of way appearing of record or visible and in use; eservations of minerals in previous conveyances; the 1955 taxes, payable in 1966; ar he lien of the Deed of Trust recorded in Book 353 at Page 47 of the Garfield County olorado records which second party assumes and agrees to pay, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and ovary person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, tbo plural the singular, and the use of any gender shell bo appl le to all genders. IN WITNESS WHEREOF, the said party of the first part bas h nd a seal the day and year first above written. {/` _ C1.4.1 STATE OF COLORADO } ss. County of GARFIEiD fr.._ ��,3 Z�s _........(SEAL] �� ..i'i ttL:.?t _.„.(SEALS 4,...:2;7.0.4.3411:7-,4,4/1.141"1 ...1.......:� r(rt� ' t ...(SEAL] The. foregoing instrument was acknowledged before mo this `p,sntm rn q: 1 s.. 9t i $ 4,),,ROBERT 3. ZORKO, LESLIE ZORKO, JOSEPH ZORKO and AfARGARET ZORKO. , 19 G .r. Witness my hand and official seal. 715th • day of February -k `ki iyaievyoxpires Q, . off• Lif Notary Pattie. No. 932A. WARRANTY DEED. --Foe Photographic n.cord.—Dradlo,d•Roblason Ptr. Co.. ION -16 Stoat St., Dower. Colorado Book 364 Page 36 . ' . TRACT I A11 of See. 14, Tp. 7 S., R. SS d. o' the 4th P.K., ex- tapting Parcels (A) and (8), as follows: (A) A tract of land situate in the E 1/2 NE 1/4 of said Soo. 14 described as beginning at the Northeast corner of saidSko. 14; thence South 2°10' West 2,646.98 fest to the East quarter corner of said Sec. 14; thence South 39.19' West 136 fest along the South line of olid E 1/2 NE 1/4; thence North.55.04' Wast 1,369.22 feat to a point on the West line of said E 1/2 NE 1/4 (from which point the Southwest corner of said E 1/2 NE 1/4 bears South 1°04' West 798.0 feet; thence North 1°04' East 1,870.98 feet along the West line of said E 1/2 NE 1/4 to they Northwest corner of said E 1/2 HE 1/4; thence South 89°36' East 1,323.33 feet along the North line of said E 1/2 NE 1/4 to the Northeast corner of said Section 14, the point of beginning; . (B) The W 1/2 of Lot 2 and that part of Lot 1 descrih•A • as beginning at a.point on the South tins vi the County Road as described in Document No. 95884 in the records of Garfield County, chance the Northwest corner of Sec- tion 14 bears North 0°03'30" West 387.94 feet; thence South 43°47' East 158.47 feet along'ths South right-of- way of said County road; thence South 60°32' East 196.01 feet along the South right-of-way of the County road; thence South 81°19' East 202.07 fest along the South right-of-way line of'said County road; thence South 61°02' East 135.09 feet along the south right-of-way line of said County road; thence South 36°48' East 188.23 feet along the South right-of-way line of said County road; thence South 57°02' East 179.13 feat along the South right-of-way line of said County road to a point on tho center line of said Lot 1; thence South 0°0'30" East 354.02 foot along the canter line of said Lot 1 to a point on tho South line of said Lot 1; thenpe_South 88°44' West 86'0.51 feet along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence North 0°03'30" West.026.08 fest along the West line of said Lot 1 to a point on the South line of said road, the point of beginning. Book 364. Page 37• TRACT IX Lots 6 and 7, NE 1/4 SW 1/4, NW 1/4 SE 1/4, NE 1/4 SE 1/4, SE 1/4 SW 1/4, SW 1/4 SE 1/4, and the SW 1/4 NE 1/4 in Sec. 11, Tp. 7 S., R. 68 W. of the 6th P. N. Also, a tract of land in the SE 1/4 SE 1/4 of said Sec. 11 described as beginning at the Northeast corner of said SE 1/4 SE 1/4; thence East 127.0 feet along the North line of said SE 1/4 SE 1/4; thence South 2°33' East 292.0 feet; thon,:e South 51°69' West 155.76 feet to a point on the West line of said SE 1/4 SE 1/4; thanes North 2°33' Wast 388 fent along :he West line of said SE 1/4 SE 1/4 to the Northwest corner of said SE 1/4 SE 1/4, the point of beginning. ..cccatinp, however, the tracts of land heretofore conveyed out o(' the above described property to parties, in the ucrenre and by document numbers in the Garfield County records, as follows: Parties (a) (.cncA. Cox (b) Gene A. Cox (c) Meredith Cox (d) Thomas R. Gould and Wilma R. Gould (c) Meredith Cox and Violet Cox (f) Charles Renftlo (g) The Board of County Com- missioners of Garfield County, Colorado Acreage b.3S 0.77 2.89 3.91 2.3.3 11.2 10 Doc. No. 201415 204980 204979 202339 206878 202673 181979. TRACT III Lots 9 and 16 in Section 10, Tp, 7 S. R. 88 West of the Together with any and all ditch and water rights belonging to, used upon or in connection with the abovo described property, including but not exclusively the water and ditch rights represented by 16-2/3 shares of capital stock in the Park Ditch and Rosorvoir Company. ook 378 age 226 Recorded at.._9 .3.i ..,.._..o'clocic.....k....M., Reception No.3.5.5.62y ChaS.S.Keega7l� Reeorden Tam DEED, Natio this 21st • day of July, , 19 65 between JOHN G. O'BRIEN of the • County of Pitkin and State of Colorado, of the first part, and CARBONDALE LAND DEVELOPMENT CORPORATION bfltlfa xsef+iit`y76& XYaIaZX a corporation existing under the laws of .the 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 ($10.00) DOLLARS; to the said part y of the first part in hand paid by said part y of the second part, the receipt whereof b hereby confessed and acknowledged, ha 5 granted, bargained, sold and conveyed, and by these p gla0 rs grunt, bargain, Gell, convoy and confirm, unto the said part y of the second part, itS• hbiiWCaa aeslgns or - ever, all the following described lot or parcel of land, situate, lying and being in the Comity of • Garfield and State of Colorado,"to-wit; Described In Hxhihit A attached hereto and made a part hereof. (Correction Deed. No Revenue Stamps required) TOGETHER with all and singular the hereditaments and appurtenances thereto beionging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, ttttc, interest, claim and demand whatsoever of the said part y of the first part, either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the snid premises S ovo bn inosand described, with the appurtenances, unto the said part y of the second part,.CS 119IfiCanl ass:gnsiorover. And the said part y of the first part, for idrn soli: HIS heirs, executors, nud admiotstrataj� do venant, grant, bargain, and agree to and with the said part y of the•sccond part,.lts liilr3Canaaasss�ggns,Ot1iat at the time of the cascading and delivery of Most. presents, 1.1c iS well seized of the promises above convoyed, as of geed, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and iln S good right, full power and lawful authority to grant, bargain, sell and convey tho same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales; lions, taxes, assessments and encumbrances of whatever kind or natuvesoever• cl:ccilt taxes Cur 1965 due in 1966. and the above bargained promises in the quiet and peaceable possession of the Bald part y of the second party SticCeS gnd 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 DEPEND. IN WITNESS WIfl:Rb70F, the said part Y of the first Dart haS hereunto sothi.S hand and seal the day and year first above written. \`l:tn STATE OF COLORADO `'IRnooref slip;instrument was acknowledged before rt - . 7 as k - John G. O' •;ries o y kenth39sdrs; expires) C, s c4 6. 1-,j ) b/ `t.; ,,..,on 1 1' ,2 lea. me this ....(`trAr,) (SEAL) 21st day of Jay, • ,19 . Witness my hand and official seaL Kerney Palls. No. 932; WARRANTY DM:D.—Por Photon ,tittle nm,d,—Dredfotd Pulatehin: C0.1834.45 Moot atre t, Denver, Colorado EXHIBIT "A" TRACT I Book 378 Page 227 All of Section 14, Township 7 South, Range 88 West of the 6th P.M., excepting Parcels (A) and (B), as followst. (A) A tract of land situate in the ElINE'k of said Section 14 described as beginning at the Northeast corner of said Section 14; thence South 2°10' West 2,646.98 feet to the Eaet quarter corner of said Section 14; thence South 89°19' West 136 feet along.the South line of said EkNEk; thence North 55°04' West 1,369.22 feet to a point on the West line of said EkNEk (from which point the Southwest corner of said EkNE4 bears.South 1°04' West 798.0 feet); thence North 1°04' East 1,870.98 feet along the West line of said E?NEk to the Northwest corner of said EkNE'k; thence South 89°36' East 1,323.33 feet along the North line of said Elgin to the Northeast corner of said Section 14, the point of beginning; (B) The Wk of Lot 2 and that part of Lot 1 described as beginning at a point on the South line of the County Roaci.as described in Document No. 95884 in the•records of Garfield County, whence the Northwest corner of Section 14 --bear$ North 0°03130" West 387.94 feet;.thence South 43°47' East 158.47 feet along.the South right-of-way of said County road; thence South 60°32' East 196.01 feet along the South right -of. -way of the County road; thence South 81°19' East 202.07 feet:along the South right-of-way line of said County road; thence South. 61°02' East 135.09 feet alohg the south right-of-way.lLn'e of said County road; thence South 36°48' East 188.23 feeq'a]ong the South right-of-way line of said County road; thend;e South. 57°02' East 179.13 feet along the South right-of-way line of ' said County road to a point on the center line of said.Lot 1; thence South 0°0'30" East 354.02 feet along the ceAtear line of said Lot 1 to a point on the South line of said Lot -1; thence South 88°44' West 860.51 feet along the South line of.iaid Lot 1 to the Southwest corner of said. Lot 1; thence North :0°03'(30'.' West 928.08 feet along'the West line. of said Lot 1 to.a point on the South line of said road, the point of beginning. TRACT II Lots 6 and 7, NE'SW3/4, NW.•'kSE'k, NE'kSE'k, • $EkSW', swig , and. the SW'WNE' in Section 11, Township.7 South, Range 88'West of. the 6th P.M. Also, a tract of land in the SE'kSE'k of said Section 'l1 described as beginning at the Northeast corner of said SE'SE'k;' thence East 127.0 feet along the North 'line of said SEkSa; • thence South 2°33' East 292.0 feet; thence South.51°59'.West 155.76 feet to a point .on the West line of said SEkSE'k; 'thence North 2°33' West 388 feet along the West line of said -SEkSEk to the Northwest corner of said SEkSEk, the point of beginning._ Excepting, however, the tracts of land heretofore conveyed out of the above described property to parties, in the acreage and Book 378 Page 22$ by•document numbers in. -the Garfield County records, as follows: Parties Acreage Document No. (a) Gene A. Cox 6.35 201415 (b) Gene A. Cox 0.77 204980 (c) Meredith Cox 2.89 204979 (d) Thomas•R. Gould and Wilma R. Gould 3.91 202339 (e) Meredith Cox and Violet Cox 2.13 206878 (f) Charles Renftle 11.2 202673 (g) The Board of County Commissioners of Garfield County, Colorado . 10 181979 TRACT III • Lots 9 and 16 in Section 10, Township 7 South, Range 88 West o`.' the 6th £ .M. To ether wit:h any and all ditch and water rights belonginct to, usod upon or in connection with the above described property, i.ncluding bu4 not exclusively the water and ditch rights repre- sented by 16-2/3 shares of capital• stock in the Patk Ditch end Reservoir Company. • iteeordedat 2.. ao'cloek �a , M NOVelllhwr 17, 1967 BOOk 390 d cceptionblo 3.5.Q2 _Chas. egay , ordea Page 165 This DEED, blade this 15th •day of August in the year of our Lord one thousand AIM bnndred Cad Sixty -Seven between CARBONDALE LAND DEVELOPMENT CORPORATION,'' a corporation duly organized and existing under and by virtue of the laws of the State - of Colorado, of the of the first part, and . JOHN MARSHALL STIRLING of the• County of Pitkin State of Colorado, of the second part: S$SII , i n 1 41 ♦ { h 11 l• ser,e ire, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of -Ten Dollars and other valuable consideration to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and -acknowledged, ba S granted, bargained, Gold and conveyed, and by these presents do e S grant, bargain, sell, convey and confirm, unto the said part y of the second part, . heirs and assigns forever, all -the following described, lot or parcel of Iand, situate, lying and being in the - county of Garfield and State of Colorado, to -wits All of the SW'WNE1 , W'%SE' and' the NE1kSE� of Sec. 11, T7S., R88W of the 6th P.M. subject to a county road as constructed.and in place, said road being described in Document No. 181979 in the office -of -the Clerk and Recorder of Garfield County, Colorado.less those certain tracts of land described in the, Garfield County Records as Document No. 202339, Document No. 206878, Docuslient'No. 204979 and Document No. 202673 together with that part of the SE SES of said Sec: 11, described in Document No. 202765 of the Garfield County Records. Together with the right of ingress and egress, not less than 25 ft., in width to the south boundary of subject property from County Road, being Document -Nos. 95884 and 70241. +,roGETHER wlte hU and singular the hereditaments and appurtennaces thereto belonging, pr 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 tbo Bald part y. of the first part, either in law pr 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, mato the Said part y pf the second part, his heirs and assigns forever. And the said party of the first part, for • it self its heirs, executors, and adminiitratora, does covenant, grant, bargain, and agree to and with the said party of the 9econd,part, his heirs and assigns, that' at the time of the enseal- ing and delivery of these presents, it is well seized of the premises above conveyed, as as good, sere, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, fall power and (awful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same aro free and clear from all former and other grants, bargains, gales, liens, taxes, assessments and encumbrances of avhateverldndprnaturosoeveri except taxes for 1967 payable in 1968; except reservations contained in patents from the United States; except any easements, rights of way, restrictions or reservations of records and the above b"" his ; Dr any par£. re . ' t.andsealG'.- • the quiet and peaceable possession of the said party of the second part, f► kinst all and every person or persons lawfully claiming or to claim the whole of the first part shall and will WARRANT AND FOREVER DEFEND. Sr of the first part ha S hereunto set its hand gtSir above written. (ralsr.) (SEAL) /5v- day of , 19 . Witness my hand and official seal. L Netav rabna No. 932. WARRANTY DEED.—Pa Photographic accord. —nretweteaobintee Pte. Co. Mtte. atobla.oab Legal Dlauke,153545 Meet Et. D®aert Co10. Account Page 1 of 2 Account: R009972 Location Parcel Number 2393-114-00-031 Situs Address 004464 113 COUNTY RD 4464 COTTONWOOD PASS RD City Carbondale Carbondale ZipCode 81623 81623 Tax Area 011 - IR -MF -01l Legal Summary Section: 11 Township: 7 Range: 88 Subdivision: BABY BEANS SUB. Lot: 6A AMENDED PLAT LOTS 5A & 6A Transfers Sale Price $180.000 Tax History Tax Year Taxes *2013 2012 * Estimated Owner Information Owner Name MCGOVERN, CHRIS Owner Address 930 BENNETT AVENUE GLENWOOD SPRINGS, CO 81601-3622 Sale Date Doc Type 07/10/2003 OCD 07/10/2003 WD 10/01/2001 RSD 10/01/2001 BSD Images Assessment History Actual (2013) Primary Taxable Tax Area: 011 Type Actual Improvement $78,480 Land $160,000 $1,277.84 . $1,331.00 Focusing On: 004464 113 COUNTY RD CARBONDALE 81623 $238,480 $18,990 Mill Levy: 67.2910 Assessed Acres SQFT Units $6,250 0.000 0.000 1.000 $12,740 3.550 0.000 0.000 Book Page 5`$vz.13 B: 1494 P: 968 £ 5 /l a B: 1494 P: 919 /o51/231 13: 1300 P: 475 4L-5/ C�cal B: 1300 P: 474 oo 11sr http://act.garfield-county.comlassessor/taxweb/account jsp?accountNum=R009972 11/6/2013 • gmaded at 3:32 ,daocx2 ti, Novemhar 17, 1967 dtaBook 390 aoptionleo 23g902 ' Ohaa_S-R- = _ • Becordon Page 18§ fns DEED, hfadet la 15th •dayot August mew year -of our Lord one thousand ninelttmdoed and Sixty.•Seven hotwean CARBONDALE LAND DEVELOPMENT CORPORATION, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, tdMio xftmEXiut xpdxstmxiMhbodkottimzutwmkmid . JOHN MARSHALL STIRLING Of the Cod Pitkin State cd Colorado, of the second part: i...t : •il 1 1111 lk• wiTN SETH, That the said part y od the first part, for and in consideration of the sant at Ten Dollars and other valuable consideration to the said party of the first part in hand paid by the said party of the stand part, the receipt whereof is hereby confound and •aclatowledged, ha s granted, bargained, mold and convoyed, sad by these praaoe do e s grant, bargain, sell, convoy and confirm, unto the said part 7 of the ascend part, . heirs and assigns forever, all the Mowing described, lot or parcel of land, situate, lying and being in the • County of Garfield and State of Colorado, to -wits All of the SANTA, ASA and'the NE'ESEk of Sec. 11, T7S., R88W of the 6th P.M. $object to a county road as constructed.and in place, said road being described in Document No. 181979 in the office of .the Clerk and Recorder of Garfield County, Colorado.less those certain tracts of land described in the. Garfield County Records as Document No. 202339, Document No. 206878, Document'No. 204979 and Document No. 202673 together with that part of the SE E3/4 of said Sec. 11, described in Document No. 202765 of the Garfield County Records. Together with the right of ingress and egress, not less than 25 ft., in width to the south boundary of subject property from County Road, being Document -Nos. 95884 and 70241. ftOammag with mit and singular the hereditaments and appnttenances thereto belonging. or in anywise Dppestaintng, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right, title, latm c t, claim and demend whatsoever of the said put y . of the dhst part, either ha law Dr equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RANH AND TO HOMO the said premises above bargained and deserlbed. with the appn:teasaees, mato the Odd part y pf the word part, his hairs and assigns forever. And the said party of the Swat part, for • it self its heirs, executors, and administrators, does covenant, grant, bargain, and agree 'Ward with tho said party of tiro treconci part, his beim and essigas, that' at the time of the unseal- ing and delivery of these presents, it is well seised of the promises above conveyed, as es good, tomo, perfect, absolute and indefeasible estate of iahcaitaace, in law, is fee almplo, and be S good right, full Pow and lawful authority to grant, bargain, sell and convey the same in nam=e sad form as aforesaid, and that the same aro free and clear from al] former and other grants► bargains, sales, lions, taxes, useeanaemts and onsmnbmnces of Ghat neMadpruatnresoover except taxes for 1967 payable in 1968; except , reservations contained in patents from the United States; except any easements, rights of way, restrictions or reservations of record sad As above bis ;• Prgirt P •,' .r + r , I, 'FY1.`i'; . ./:y:.1.?:'+!.: Q. • • 114b-42"...0"•► I'M: k iiAfiY HE SNAi+i .' ' � z :: SUV�y .�'l 19b! (s>;AIW tl L....ai�i.� tSEALT e• , "• � STATE OF'COLORADO 0� (j� p� �• Comky of i 1 '' y ' ' 9` Yf 'r C fns<rament was ache adg¢d botorn mo this /5e/cc.x. day of ' adtt' A; ;5441:1U �%John•A. Dlundee'f t• ... ,,oaaxpisaa,19 . Witness my hand and official ecd.•% �£ommissian expifes fune'17, 19"x9 i. anginal 11.1 fin the quiet and peaceable possession of the said party of the second part, hiatinstall and ovary person or parsons lawfully claiming or to chin the whole of the first part shall and will WARRANT AND FOREVER. DEPEND. • y of the first part ha s hereunto set its band written. uot■,s P.btra. Na 932. waattsnrr msec -mor rbot.a..ame base. --8ndtarddtobtn a Pts. do.. Mut.. febfdan'a Legal DLab.18U 40 Mont 8tr Dmws, Co!A 1111111111111111111111111111111111111111111111111111111 358110 01/19/2080 02r87P 01188 P258 h AI.SD0 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by REBECCA R. STIRLING, as PERSONAL REPRESENTATIVE ofthe ESTATE OF JOHN MARSHALL STIRLING, also renown as JOHN M. STIRLING, DECEASED, Grantor, to STIRLING FAMILY (1), LLC, a Colorado limited liability company. Grantee, whose mailing address is 0704 Stripper Drive, Carbondale, Colorado 81623. WHEREAS, the above-named decadent in his Mune made and executed his Will dated March 13, 1995, which Will was duly admitted to informal probate on May 16, 1997, by the District Court in and for the County of Garfield, Colorado, Probate Casc No. 97PR36; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate in informal proceedings on May 16,1997, and is now qualified and acting in said capacity; and NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer, and set over unto the Grantcc, for good and valuable consideration, the following -described real property situate in the County of GARFIELD. State of COLORADO: Lots 2, 5 and 6, Baby Beans Subdivision, according to the exemption plat of The Baby Beans Subdivision recorded February 29. 1980 as Reception No. 302003 COUNTY OF GARFIELD, STATE OF COLORADO With all appurtenances, subject to restrictions, reservations, easements, covenants, and rights-of-way of record and/or apparent, and further subject to general property taxes and assessments for the year 1999 and prior and subsequent years. lanai yaoo . S EXECUTED this 131' day of tber4 9, ESTATE OF JOHN MARSHALL STIRLING, also known as JOHN M. STIRLING, DECEASED By: !flit, /(—' REB CCA R. STIRLING PERSONAL REPRESENTATIVE OF THE ESTATE STATE OF COLORADO ) !� ) ss.: COUNTY OF MN) ) Tho foregoing instrument was acknowledged before me th•is �� 6 day oforAdditti, .7610 December, -1999, by REBECCA R. STIRLING as PERSONAL REPRESENTATIVE of the ESTATE OF JOHN MARSHALL STIRLING. also known as JOHN M. STIRLING, DECEASED. WITNESS my hand and official seal. . ‘.FOR 7717.E PURPOSES e114.r- NO CONSIDERATION REQUIRIN#5 REVENUE Nlit'ARUB C 8727", ARF@:Ae2Z443A1 1518112g3111111/111011111111V113191111 111111111111111 1 of 2 R 10.00 D 8.08 GRRFIELD COUNTY CO QUIT CLAIM DEED (Garfield County, CO) THE RITTENHOUSE TRUST COMPANY, grantor, for ten dollars and other good and valuable consideration, does hereby release, remise and quitclaim to STIRLING PROPERTIES, LLC, a Colorado limited liability company, whose address is 0704 Skipper Lane, Carbondale, Colorado 81623, or to the present record owner thereof, grantee, the real property located in the County of Garfield, State of Colorado, described as follows: SEE EDIT A ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN TO HAVE AND TO HOLD THE SAME, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining; this Deed being intended to release the "Memorandum ofNegative Pledge" recorded 2/17/98 at Reception No. 520440, Book 1053, page 784, records of Garfield County, Colorado. SIGNED this /4.71 -day of , 2001. THE RITTENHOUSE TRUST COMPANY By: Q,liesit . ��testa- Title: 6.A. a reQe-,...toc— STATE OF- ) COUNTY OF �,t,, ) The foregoing instrument was acknowledged before me glis /aL day of , 2001, by QI/l+irrgrfde h ti....:as //• P, . S. of The Ritt ouse Trust Company. Witness my hand and official seal. My commission expires: DENVER: 2803978 1.DOC NOTARIAL SEAL i BETTY J. DIPIETRO. Notay 1'ubac _ 4 Radnor Twp.. Delaware County ' ;a7'4';i.. Y ' My Coram;sswn Expires June 24.2002 : ;s. ' �' L -5 �. : r / v Lit (.1 A�cd —. -t e'oa ;t. Notary Pfli 1 111111 11111 111111 111111 11111 111 111111 111 11111 1111 1111 562273 08/07/2801 02:16P 81259 P349 11 ALSDORF 2 of 2 R 10.00 0 0.08 GARFIELD COUNTY CO PARCEL t EXHIBIT A Legal Descriution of Property (Garfield County) Lots 2, 5, and 6 of Baby Beans Subdivision according to Plat thereof recorded as Reception No. 302003 of_ the records of Garfield County. Colorado. PARCEL 2 The W 3/4 SE 114 NE 1/4 of Sect 32, Tp. 7 S., R. 89 W. of the 6th P.M. PARCEL 3 The NE 1/4 NW 1/4 ofS oit633, Tp. 7 S` It. 89 WJ of the 6th P.M. PARCEL 4 The SE 1/4 SE 1/4 of Section 28; the E 1/2 NE 1/4 of Section 33, except any portion thereof lying south of Garfield County Road Nu. 117: the NW 1/4 NW 1/4 and the S 1/2 NW 1/4 of Section 34. except that part thereof lying south of Garfield County Road No. 117. all in Tp. 7 S.. R. 89 W. oldie 6th P.M. 4/71 1111111111111111111111111111111111111111111111111111111 3si1327 11/05/2081 03:47P 81300 P474 11 RLSDORF 1 of 1 R 5.00 D 0.00 ORRFIELD COUNTY CO BARGAIN AND SALE DEED STIRLING PROPERTIES. LLC, a Colorado limited liability company. formerly known as Stirling Family (1), LLC, whose mailing address is 0704 Skipper Drive, Carbondale, County of Garfield, Colorado 81623, for good and valuable consideration, hereby sells and conveys to REBECCA R. STIRLING, as to an undivided one-half (1/2) interest, and ARIANA M. STIRLING, as to an undivided one-half (1/2) interest, both of whose address is 0704 Skipper Drive, Carbondale, Colorado 81623, the following real property in the County of Garfield and State of Colorado: Lots 5 and 6, Baby Beans Subdivision, According to the exemption plat of The Baby Beans Subdivision recorded February 29, 1980 as Reception No. 302003, County of Garfield. State of Colorado. With all appurtenances, subject to restrictions, reservations, easements, covenants, and rights-of-way of record and/or apparent and/or in existence, and further subject to general property taxes and assessments. EXECUTED this /4". day of DC.? , 2001. STIRLING PROPERTIES. LLC. A Colorad6 limited liabilit By: Rebecrca R. Stirling, M STATE OF COLORADO ) COUNTY OF a i f. The foregoing instrument was acknowledged before me this 1 day of 0 C chef , 2001, by Rebecca R Stirling as Manager of STIRLING PROPERTIES. LLC. WITNESS my hand and official seal. My Commission Expires: CZ -a1 -O (Seal) MARY I. ANDERSON NOTARY PUBLIC srPTE 0' CrILORADO IJY f'•• •.• .. - .RE' 07/27 NOTARY PUBLIC FOR TITLE PURPOSES QNLY— NO CONSIDERATION REQUIRING REVENUE 2133471_l.DOC 11111111111111111111111111111111111111IN 1111!11111111 891328 11/00/2001 03:4$P 61300 P470 tl RtSDORF 1 of 1 R 0.00 0 0.00 GARFID.D COUNTY CO BARGAIN AND SALE DEED REBECCA R. STIRLING, whose address is 0704 Skipper Drive, Carbondale, Colorado 81623, and ARIANA M. STIRLING, whose address is 0704 Skipper Drive, Carbondale, Colorado 81623, whose mailing address is 0704 Skipper Drive, Carbondale, Colorado 81623. for good and valuable consideration, hereby sell and convey to SAGE PROPERTIES INVESTMENT COMPANY, LLC, a Colorado limited liability company, whose address is 0704 Skipper Drive, Carbondale, County of Garfield, Colorado 81623. the following real property in the County of Garfield and State of Colorado: Lots 5 and 6, Baby Beans Subdivision, According to the exemption plat of The Baby Beans Subdivision recorded February 29, 1980 as Reception No. 302003, County of Garfield, State of Colorado, With all appurtenances, subject to restrictions, reservations, easements, covenants, and rights-of-way of record and/or apparent and/or in existence, and further subject to general property taxes and assessments. EXECUTED this Pr. day of o(15 ogo,!% , 2001. Ariane M. tirling STATE OF COLORADO ) ss.: COUNTY OF Fag k.. ) The foregoing instrument was acknowledged before me this 1 day of 6c !ober , 2001, by Rebecca R. Stirling. WITNESS my hand and official seal. My Commission Expires: o .27-0.A MARY 1. vNPURLICN NOT cA.R 3LlC D. s. ,.T (Sea`,."STA.�,,.,rrr<,r�. `rr: STATE OFaallut to l) ss.: COUNTY OF gS44.1 fit O'sx__, ,Ilea . J DUricc4iL},Gfl NOTARYIPUBLIC The foregoing instrument was acknowledged before me this z 3Y:51- day of Ot, To11;6rn,_ 2001, by Ariana M. Stirling. WITNESS my hand and official seal. My Commission Expires: jJoti •try i-z.00Z (Sea miCwAe. YOUNG Cwrunlfston• 1201121 Notary Pubttc . CcFrcrnTo �Francisco r rr►y c cTTTn.ecritesMortS. are FOR TITLE PURPOSES ONLY — NO CONSIPERATION REQUIRING REVENUE 2533109_1.DOC 7� 111111111111111111 in MNIII 11111111111 Iii 1111111111111 832162 07/18/2003 03:28P B1494 P919 M RLSDORF 1 of 1 R 6.00 D 18,00 GARFIELD COUNTY CO ,^... �...... , ... . , .rW ... , filed for record the day of ,A.D. , at o'clock M. Reception No. By DEPUTY. RECORDER WARRANTY DEED THISDBED. Made on this day of lul 10 2003 between SAGE PROPERTIES iNVESTMENT COMPANY. LLC, A COLORADO LIMITED LIABILITY COMPANY of the CHRiS MCGOVFRN County of & 1i Q id and State of l a /D y1t(JO, the Crantorta), and whose legal address is : 930 BENNETT AVE.. GLENWOOD SPRINGS, CO 81601 of the County of GARFIELD and State of Colorado , the GranteeCs): WITNESS, That the Grantor(s), for and In consideration of the sus of ( S180,000.00 1 ••• One Hundred Eighty Thousand and 001100 +•• DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Granteels), his hairs and assigns forever, all the real property, together with improvcconts, if any, situate, lying and being in the County of GARFiELD and State of Colorado, described as follows: IAT 6A ACCORDING TO THE AMENDED PLAT OF BABY BEANS SUBDIVISION LOTS SA AND 6A RECORDED JULY 8.2003 UNDER RECEPTION NO. 631262 COUNTY OF GARFIELD STATE OF COLORADO U �p� also known as street rather • COUNTY ROAD 113,CARBONDALE.CO81623 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, reminder and remainders, rents, Issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantar(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE ANDTO HOLD the *aid premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s). for himself, his heirs and pa?sonol representatives, does Covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the tins of the enseoling and delivery of these presents, ha 1s well :mixed of the premises above convoyed, has good, sure, perfect. absolute and indefeasible estate of inheritance, In Iew, in fee simple, and hos good right. full power and lawful authority to grant. bargain. sell mrd convey the same in manner and fora as aforesaid, and that the same are fres and clear from all farmer and other SUBJECT TO GENERAL TAXES FOR THE YEARs2003: AND EASEMENTS. RESERencurbrances and VATIONS ictions �ftahatover kind or RESTRICTIONS. COVENANTe Soever, AND RIGHTS OF WAY OF RECORD. IP ANY: AND DISTRIBUTION UTiLLITY EASEMENTS: AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHiCH GRANTEE HAS ACTUAL KNOWLEDGE: AND INCLUSION OP THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT. AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS. IF ANY. The Grant:r(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possesslcn of the Oranteets), his heirs and assigns, against alt and every parson or persona lawfully claiming the whole or any part thereof. The aingular number shall include the plural, and the plural the oinguler, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Brantor(a) has executed this deed an the date set forth above. STATE OF Colorado )ao. County of GARFIELD ) SAG B,ER0PERTIEStiVENT COMPANY. LLC• A COLD DO UM e ' BILUT 1'• ANY BY:kt@BECCA ST The foregoing instrument was acknowledged before an on this day of JuIy 10 2003 by SAGE PROPERTIES INVESTMENT COMPANY. U.C. A COLORADO LiMCTEfD UABIUITY-COMPANY BY REBECCA STIRLING My ccmmission expires witness ny hard and official seat. SHIRLEY HELMER Notary Pub 1 Noma and Address of Person Creating Newly created Legal Oeacripti• ( 38.35.106.5, C.R.S. STATE OF COLORADO Escrows Sw240 46 When Recorded Return to: CHRIS meGOVERN Titles 5/240546 930 BENNETT AVE. Form No. 932 Rev 4-94. WARRANTY DEED tPhet r • (c Record 1.01) GLENWOOD SPRINGS CO 81601 tMiDITIL Account Page 1 of 1 Account: R050076 Location Owner Information Assessment History Parcel Number 2393-114-00-012 Situs Address City Glenwood Springs ZipCode 81601 Tax Area 011 -1R-MF-011 Legal Summary Section: 11 Township: 7 Range: 88 Subdivision: UP CATTLE CREEK SUB. Lot: 0 TRS 12-A Transfers Sale Price Owner Name MCGOVERN, CHRISTINE ANN Owner Address 930 BENNETT AVE GLENWOOD SPGS, CO 81601-3622 Sale Date 09/21/1984, 08/29/1984 01/01/1900 Images Tax History Tax Year Taxes *2013 $428.64 2012 $428.64 * Estimated Doc Type OCD Deeds Deeds Actual (2013) $80,000 Primary Taxable $6,370 Tax Area: 011 Mill Levy: 67.2910 Type Actual Assessed Acres SQFT Units Land $80,000 $6,370 3.560 0.000 0.000 Book Page B: 0657 P: 0149 B: 0655 P: 0987 B: 0442 P: 0352 http://act.garfield-county.comlassessor/taxweb/account jsp?accountNum=R050076 11/6/2013 Book 442 lieeorded at 2::30 *look,P: April ,2, ].973 . •:Page. 352 : Recepttoa No._ 257612 '.Ella Steplierisl• ord THIS DEED, Endo this 31st . . -div of • March , , •i.9 73,betweoa ' JOHN MARSHALL STIRLING • of the' Comoty of Garfield ' ani Stato.d_ Colorado, at the hint part, and . ' . • • PETER A. SALG and CHRISTINE A. SALG • RECORDER'S STAMP • STh1 ,tOtUtiENTARI RE • APR' . 21973 • • A' 3.vy of the County of. Garfield and State of Colorado, of•tba second part: WITNESSETH, that the said part y , of the first part, for and in consideration of tho sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS--------_----DOI.LAdis, 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 aclmowledged, ba s,. granted, bargained, sold sad conveyed, and by these presents do es grant, bargain, soli, convoy and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenaney, all the following described Iot s or parcel g of land, situate, lying and being in the County of Garfield and State of Colorado. to wit: Lot- 12-A Revised and Lot 13 in the Up Cattle Creek Subdivision Second Filing as shown on the plat of said subdivision filed for record in the office of the County Clerk and Recorder of Garfield County on the 26th day of March, 1973, as Document No. 257526, together with all improvements thereon, together with four gallons per minute of water out of the GymLot 13 well, together with the right to the use of those easements shown on the recorded plat of the Up Cattle Creek Subdivision Second Filing. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim end demand whatsoever of the paid part of the first part, either in law or equity, of, in and to the above bargained premises, with the hareditnmonte and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for him sol f , his heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at tho time of the ensealtag and delivery of these pres- eats he is welt seized of the premises above convoyed. as of good, sure, perfect, absolute and indefeaalble eatato of inheritance, in law, in fee simple, and ba s good right, full power and lawful authority to grant, bar- gain, 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 encumbrances of whatever kind or nature leaver. except those items set forth in Exhibit °A° annexed hereto and by this . reference made a part hereof. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF the said part y of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of •��, ':QF COLORADO, ;.••• ••.; 01 • dilloTARVW- x �. igy ping im °nt was day before ma tb1a .3.1..1.t day of sYi%a4Lc% 3fol:ha11 Stirling. ,� Sa pfres (Vd4d , d 0 - ,19 .7‘. Witness my hand and official seal. ©FrCON' Natoq pubis, } ohn Marshall Stirling [SEAL] [MEAL] No. 921. wARaaNrr Haan—tu sem/ ?taeaus.—t aoedtord nbf,hieo co., letbte Stout Sheat, Dmver, Colorado—an br natural per or persons hero bawl nano or autrites y dot tlinohowas4 1 o eer oAoiWlies gtatne thy' tsetter in ntattro or *Ma ootottotte, or an attorney4n thea mew mato perm= earoutor, rlba0r tt�otltcers other teach coreZ �tstioa l g st•-Btroor atuhhors EXHIBIT "A" Book 442 Page 353 A. Right-of-way for ditches and canals constructed by authority of the United States, as reserved in United States Patent recorded July 22, 1957, in Book 303 at Page 139. B. Right-of-way for ditches and canals constructed by authority of the United States as reserved in United States Patent recorded July 6, 1911, in Book 71 at Page 483. C. An un --divided one-quarter interest in and to all oil, gas and other minerals situate in, on or under the property, together with the right to prospect for, mine and remove the same, as reserved by Charles W. Carnal and Lucille Bayol Carnal in the deed to Joseph Zorko, Margaret Zorko, Robert 3. Zorko and Wesley Zorko, recorded September 17, 1963 in Book 353 at Page 41. D. Any tax, assessment, fees, or charges by reason of the inclusion of the property in Carbondale and Rural Fire Protection District, Mount Sopris Soil Conservation District, and the Basalt Water Conservancy District. E. Right-of-way for the uninterrupted flow of Cattle Creek. F. Restrictions, which do not contain a forfeiture or re- verter clause, but omitting restrictions, if any, based on race, color, religion, or national origin as contained in an instrument recorded July 1, 1972 in Book 431 at Page 355 as Reception No. 253973. G. Restrictions, covenants, conditions and ordinances contained in the recorded Declaration of Protective Covenants for the Up Cattle Creek Subdivision. H. Any and all easements and rights-of-way, whether public or private, and: whether or not of record. L General property taxes for 1973 payable in 1974. • Recorded at 4.0 O o'clock Reception No 355998 QUIT CLAIM DEED THIS DEED, Made this ,Z f day of .SzpjemeoEirt_ .. 1941't:. benuecn..? e& AR130E•D 5.4LG ; 1P31 Cov1IJ'fR.y ewe £1D, • FT t.014.44VS of the "County of Rl Al a{g. and State of Colorado. grantnr(sl. and GNRIS 7It/E AarJN tnciaVElLia whose legal address is 4337 RD sir ! 3 I. CAR.80ND4t•E of the . County of 6/4gRE-Lb. SEP 2.11984... Recorder. RECORDER'S STAMP MX 657 PAGE149 and State of Colorado. gmntecis). WITNESSETH. That the grantor(s). for and in consideration of the sum of T4 D>'L.lheS AW) •pweg - 6soo A+JD 1/44..viteLe coysivEie,lT7oiv the receipt and sufficiency of which is hereby acknowledged.• has remised. released. sold. comeyed and QUIT CLAIMED, and by these presents dog *remise. release, sell. convey and QUIT CLAIM unto the gran.ec(a). heirs. success+urs and assigns. forever: all the right. titre. interest. claim and demand which the grantorfs) has in and to rho real pn+perty together with improvements.ifany,situate. lying and being inthe County of GgitriELD and State ol Colorado, described as follows: .l 2,•A a t oeiam /3 as , -rw-w Atumtemt- j�-�,Gl.t,e��t•, , 4f2.. /13 0-- ei.4-c .4 •e-7+". 41x- eovenit:1 • c2s16l z. wz 'flu- .d44,4 t,c.c o.r cte ) • • • • • also known by street and number ua: TO HAVF. AND TO HOLD the same. together with ail and singular the appurtenances and privileges *hereunto hc1 i ing nr in anywise thercamo appertaining. and all the estate. right. title. int n a and claim whateoever. of the grantorfs), tither in law or equity, to the only pmper use. benefit and behoof of Ilse grtntca•fs . heirs and assigns forron. IN WITNESS WHEREOF. The grunior(s) ha executed )his.,,- h T)hhtlai +ct forth abuse. R_V f''V L —A L e. STATE OF COLORADO. t • County of %•rip &'4 o.. J �� The forgoing instrument W %ac'r:runvicdged hello: me in then }l! County .t ••••"t•,•.,,,/....e.:'. :% `�. State of 4l`T(.L.r'i.h.d'• , lhie ` J day of ,.le/[w'Q: rr .VC.c. • 14 �t • by r l LaC. eC2.-Aries' —e --G My contntissioa espires 19 . Witnra� my hand and id'Iia al seal. • try Cutniiiiisial.kipira: Aug. 26, 198. h... _ ; 1 'If in Denver. inser"City b ftl:' . r �V ;sky ! n.xuI?. •• . . • Mtn. -`• '1/ .N4.933.Rev.I-141. tpJtrL'wetDEm armidMUad,.r.SM«svv;(thn...44rnvr.Conr24—t.mLzl)Aatn taa Account Page 1 of 1 Account: R050078 Location Parcel Number 2393-114-00-019 Situs Address 004468 113 COUNTY RD 4468 COTTONWOOD PASS RD City Carbondale Carbondale ZipCode 81623 81623 Tax Area 011 - 1R -MF - 011 Legal Summary Section: 11 Township: 7 Range: 88 TR IN NWSE Transfers Sale Price Tax History Tax Year * Estimated Taxes *2013 2012 Owner Information Owner Name MCGOVERN, CHRISTINE ANN Owner Address 930 BENNETT AVENUE GLENWOOD SPRINGS, CO 81601-3622 Sale Date Doc Type 12/24/2003 QCD 09/21/1984 QCD 08/29/1984 Deed 01/0I/I900 Deeds Images $1,222.68 $1,400.32 • Photo • acsigh • GIS Assessment History Actual (2013) Primary Taxable Tax Area: 011 Type Actual Improvement $108,270 Land $120,000 http l/act.garfield-county.comlassessor/taxweb/account jsp?accountNum=R050078 $228,270 $18,170 Mill Levy: 67.2910 Assessed Acres SQFT Units $8,620 0.000 0.000 1.000 $9,550 1.000 0.000 0.000 Book Page 13: 1550 P: 249 13: 0657 P: 0150 B: 0655 P: 0987 13: 0414 P: 0143 11/6/2013 Recorded at.-12.22........_..o•cicck..._P'..DS., ..._October 19, ..970 Book 424 Reception. No..2.4722.9._._ _ Pale 243 THIS DEED, Mode this Firs t 1070 , between JOHN MARSHAL STIRLING day of October of tho . County of Garfield and State of Colorado, of the first part, and PETER A. SAIG and CHRISTINE A. SAID RECORDER'S STAMP SiMI 09t'liittl}Al Ai i 1 ;1 1916 n Ce of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the acid party of the first part, for and in consideration of the sum of TEN AND N0%100 DOLLARS, to the said part y of the fust part in hand paid by the said parties of tho second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convoy and confirm unto the acid parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in tho County of Garfie Id and State of Colorado, to wit: A tract of land situated in the NWIt.SE1/4 and the NE. SEh of Section 11, Tp.7 S., R. 88 W., of the 6th P.N., lying Southerly of the County Road as described in Document No. 181979 of the Garfield County records and Northerly of the center Cattle Creek, said tract of land being described as follows: Beginning at a pc: on the Southerly right of way line of said road, where the EI corner of Section bears N. 56°37'35" E. 1,648.16 feet; thence S. 68°14'20" E. 72.74 feet along the Southerly right of way line of said road; thence S. 02°00'40" 11. 85.17 feet to a point in the center of said creek; thence S. 15047'07" W. 117.17 feet to a point in the center of said creek; thence S. 72°11'10" 72 °11'10" W.32.91feet along the center of said creek; (C wTIuFD svailniMn49singlipoberfmet1taid apmrcanels flf nfbaokoAAnj appertaining, 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 said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO }LAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said patties of the second part, their heirs and assigns forever. And the said part y of the first part, for him- sel f , his heirs, executors, and administrntora does covenant. grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the tasselling and delivery of these pres- ants i s well nixed of the premises above convoyed, ss of good, sure, perfect, absolute and indefeasible estate of Inheritance. in taw, in fee simple, and be s good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, end that the same aro free and clear from all former , and other grants, bargains, sales, !leas, taxes, assessments and encumbrances of whatever kind or nature sewer. taxes for 1770 payable in L'71. reservations es contained in patents from the United States. mineral reservations of record. and easements for utilities. if any and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against alt 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. IN WITNESS WHEREOF the said part y of the first part has hereunto sot his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield 3 .. The totaling lifatrgmept was acknowledged before mo this ',3 day of OCTOBER 19 70,by�' S 1R 1 ARS.HAL STIRLING My eommiss(oi expires , u� ,2J ,1072. Witness my band and official seal. • _... » .......__.. %.a :» .. .._. _._. »[SEAL] r. .tratia PAM. No. gat. menu NTr DECD—To Joint Tmaatw—aradfmd Potltehtot Co. lift Stout Slm4 Dmeer. Colorado. -44e 'ruby antatal aeraon or amoral, hero Insert name or tames : if by Poraoa aeane In rcpreaentattve or ot�felat capacity o� attornoyi•" tamt, ea rt name o porton as ox0cutor attorney-tn•laot or oolttt,r capacity or doaoripUcn i 1 by °siker tetnca odplmci t, Sc 115.OtttColorado attar tntutti'0 ldcnt or older ern or such corporation. naming it.•—statutory t 1 IBIT 11410) Book 414 Page 144 thence N. 38°09'14" thence N. 08°57'10" way line of said thence S. 71°59'20" of said road to the W. 73.85 feet along the center of said creek; E. 177.92 feet to a point on the Southerly right of County Road; E. 215.37 feet along the Southerly right of way line point of beginning. (1 N1 /(John Marshal Stirling / 7 . Exhibit "A" attached to Warranty Deed dated October 1, 1970 between John Marshal Stirling and Peter A. Salg and Christine A. Salg. SEP2 Recorded at' °� ` :: n' ock M Rei7eptio.a No. /......' `/1•r• •• • ecorder. QUIT CLAIM DEED RECORDER'S STAIN) TII IS DEED; Made this l day of . S C: t2s 4f- 19 tctscteri'�¢ v F •r.�olGti SA1�S ' 1453l tot vr-S-smalu kaaY2& Ca -r 1..m l l t'v1 S of the 'Cautery of Live t tM2xi aml Stare al Colorado. Iramor(s). and CM is r,,Je 'GA/A) P/c6vve. j) aoJx 657 v.c150 whose legal address is 037 RD. 113 d4.1030A) DALE , of the County of 4rfigFiELb and State of Colorado. g unk:cis). WITNESSETH. That the granturlsk for and in consideration of the sum of -rev DCL.L4, 5 � 071£_. 6BD0 4W0 y4WA6LE eo.ds,vee iod -eeL ,rtes the receipt and sufficiency of which is hereby acknuwledg d. ha remised. released. sold. conveyed and QUIT CLAIMED. and by these presents do remise. rebase. sell. enemy and QUIT CLAIM unto the ans f I. heirs. successors rad r..,.:ens. • furcvct. all the right. title. interest. claim and demand which the grantorrs) ha in and to tin and prupeny. together with impromanetus. if any. situate. lying and being in the Coutny of and State of Coiorado..dcscrib.xl as follows: • • A. _ J , ,,.1 , -1d�- (-•ca5 `t"�AGTc� �No S .5-1 t .» It ?5 reg o%cLec9 • , (1470 , tie.) `:eco. ns/srft 0-411-7q 3 V\C, I - O v O , (aeV Ftao ccu.v)- j altaF o. also known by street and number as: 44(J RD - 11. 1 dA9t'3o A) Dg LE 1 e..0 S/ 6 7-3 ro HAVE AND TO HOLD the sante. together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estate. right. tide. interest and ctaint whatsoever. of the gauuor(3). either in law or equity. to 1. the only proper use. benefit and behoof of the grantee's); heirs and assigns forever. tt IN WITNESS WHEREOF. The granlrutsr ha executed this on the da San foul, above. i' 'r. ' ii -,t STATE OF COLORADO. e.l! >R et -3 t • ►'r"`•Sat - i 'Coumy of c t.u�t�j� } s:. Theforcgui�n'instrurnrtu'tixsa/cknowledge before me in the County of vCf -1 State of 1q' '1.0..01.(? . this ci1� day ut :i�rt - t by' -s': iMy commission expirttiy Commission F7tplros Aug. 20; 1;8A • Wiincss my hand and official seal. • :t �S , ••••.; •.• t.• i •M s• �'• C'J S� ;� ; 'If in Deriver, 'wen "City ana.." %f% •' 4/,y�y' „i{r/jt_��i � / %sq NM< CC/fagiglC 1r. t�'tt!c'.lSl,..,:Y fir f kg, ( ' 'o t^/ Ass... 933.:Re+,.1-84. .QI!1TCLAWIDEED arun4I b14Airs.5■:sw,64o.....o.d..xraa .._1o01t:33•69txt 241 • • 1 111111 1111111111 11111 11111 111 11111111 111 1111 111 111 643719 12/24/2003 11:40A 131530 P249 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO QUITCLAIM DEED THIS DEED, made this day of December 24, 2003, between CHRISTINE ANN McGOVERN aka CHRISTINE A. SALG of the County of Garfield and State of Colorado. grantor(s), and Christine Ann McGovern whose legal address is 930 Bennett, Glenwood Springs, CO 81601 of the County of Garfield and State of Colorado, grantee(s): WITNESS, that the grantor(s). for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, remised, released, sold and QUITCLAIMED, and by these presents remise, release. sell and QUITCLAIM unto the grantee(s), heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) in and to the real property, together with improvements, if any, situate, lying and being In the County of Garfield and State of Colorado, described as follows: A tract of land situated in the NW1/4SE1/4 and the NE1/4SE1/4 of Section 11, Township 7 South, Range 88 West of the 6th P.M., lying Southerly of the County Road as described in Document No. 181979 of the Garfield County Records and Northerly of the center of Cattle Creek, said tract of land being described as follows: Beginning at a point on the Southerly right of way line of said road, where the E1/4 corner of Section 11 bears North 56°37'35" East 1,848.16 feet; thence South 68°1420" East 72.74 feet along the Southerly right of way line of said road; thence South 02°00'40" West 85.17 feet to a point on the center of said creek; thence South 45°47'07" West 117.17 feet along the center of said creek; thence South 72°11'10" West 32.91 feet along the center of said creek; thence North 74°56'29° West 140.99 feet along the center of said creek; thence North 38°09'14" West 73.85 feet along the center of said creek; thence North 08°57'10° East 177.92 feet to a point on the Southerly right of way line of said County Road; thence South 71°5920" East 215.37 feet along the Southerly right of way line of said road to the POINT OF BEGINNING. also known by street and number as: 4488 Road 113. Carbondale, CO 81623 assessors schedule or parcel number. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor(s), either In law or equity, to the only proper use, benefit and behoof of the grantee(s) heirs and assigns forever. IN WITNESS WHEREOF, the grantor(s) executed this deed on the date set forth above. a 1/%'c 449 c' Christine Ann McGovern aka / Christine A. Salg STATE OF COLORADO COUNTY OF GARFIELD } ) SS. ) /• The forgoing instrument was acknowledged before me this day of December 24, 2003, by: Christine Ann McGovern aka Christine A. Salg. LINDA J. GABOSSI NOTARY PUBLIC STATE OF COLORADO MY Com "^.+'^s ;may 23.2005 0311045 Rattan to Ctabltne Ann McGovern 030 Glenwood Springs. CO 81001 No. 933. Rev. 4-94 OVrTCIAIM DEED Witness my hand and official seal. My commission expires: \ Cf LCJtOOSL--- N tic Exhibit GARFIELD COUNTY Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.darfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY DATE: August 5, 2013 TAX PARCEL NUMBERS: 2393-114-00-031 (Lot 6A Baby Bean Subdivision) 2393-114-00-019 Section 11, Township 7, Range 88 PROJECT: Amended Plat of Lot 6A Baby Bean Subdivision OWNERS: Christine Ann McGovern SURVEYOR: Scarrow and Walker Inc. PRACTICAL LOCATION: Up Cattle Creek Subdivisions off of CR 113, Carbondale, CO TYPE OF APPLICATION: Amended. Final Plat ZONING: Rural I. GENERAL PROJECT DESCRIPTION The Applicant will be requesting the approval an Amended Final Plat of the Lot 6A of Baby Bean Subdivision. The Applicant would like to modify the lot line between Lot 6A of Baby Bean Subdivision and the unplatted Lot -019. The Applicant would also like to modify the lot line between Lot 12A of the Up Cattle Creek Subdivision and the unplatted Lot -019, which will be processed as a separate Final Plat Amendment. Modification of this lot line will also require a Boundary Line Adjustment to be filed on Lot -019 prior to the filing of the amended final plat. It is unclear from the initial information submitted if the modified lot line will comply with the dimensional standards for the Rural zone district. The Applicant should be aware that any plat amendment in this zone district shall meet a minimum 2 acres lot size and shall not create any non -conformities with the existing structures. Required setbacks in the Rural zone district are Front Setback: 25 feet, Rear Setback: 25 feet, Side Setback: 10 feet. No changes to access, utilities, and/or related easements are proposed. No new lots are being created. Lot 6A Up Baby Bean Subdivision REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Land Use and Development Code apply: • Section 5-305 — Amended Final Plat Review • Tables 5-103 Common Review Procedures and Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2 and 3, as applicable As a convenience, outlined below is a list of information typically required for this type of application: • A narrative describing the request and related information. • Proof of Ownership (title work or copy of a deed) and information on any lien holders. • Names and mailing addresses of properties within 200 feet of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. • If owner intends to have a representative (Planner or Attorney) complete the Application and processing then a letter of authorization is needed. • Copy of the Preapplication Summary needs to be submitted with the Application. • Copy of the Application Form, payment of Fees and signed Payment Agreement Form. • The Proposed Plat showing the existing and proposed lot lines and any easements and rights-of-way and including all required certificates. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed plat amendment. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • A Vicinity Map for use in the required public notice. • The Application should include a waiver request from submittal of an Improvements Agreement and any Codes, Covenants, and Restrictions (if applicable). • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access issues, will not affect utility services, and any other applicable Subdivision and Article 7 topics. II. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat (processed as an Administrative Review) including: • Pre -application meeting, ■ Submittal of Application (3 copies plus one on CD), • Completeness Review, • Submittal of additional materials (if needed) and copies for Referral reviews, ■ Setting a date for the Director's Decision, ■ Public Notice 30 days prior to the Director's Decision to property owners within 200 feet and mineral rights owners on the subject property, • Director's Decision including any conditions, • A 10 day Call-up Period after Director's Decision is made, • Finalizing the Plat and satisfaction of any conditions, and • Circulation for Applicant/Owner and other signatures. • Board of County Commissioners execution of the plat as a consent agenda item, • Recording the Plat and Boundary Line Adjustment information with County Clerk and Recorder. Public Hearing(s): Referral Agencies: X None X Directors Decision (with adjacent property and mineral owner's notice per code) Planning Commission Board of County Commissioners Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Homeowners Association (if applicable). III. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: August 5, 2013 Tamra Allen, Planning Director Date Exhibit GARFIELD COUNTY Community Development Department 108 8t' Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfieid-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: August 5, 2013 TAX PARCEL NUMBERS: 2393-114-00-012 (Lot 12A Up Cattle Creek Sub) 2393-114-00-019 Section 11, Township 7, Range 88 PROJECT: Amended Plat of Lot 12A Up Cattle Creek Subdivision OWNERS: Christine Ann McGovern SURVEYOR: Scarrow and Walker Inc. PRACTICAL LOCATION: Up Cattle Creek Subdivisions off of CR 113, Carbondale, CO TYPE OF APPLICATION: Amended Final Plat ZONING: Rural I. GENERAL PROJECT DESCRIPTION The Applicant will be requesting the approval an Amended Final Plat of the Lot 12A of Up Cattle Creek Subdivision. The Applicant would like to modify the lot line between Lot 12A of Up Cattle Creek subdivision and the unplatted Lot -019. The Applicant would also like to modify the lot line between Lot 6A of the Baby Bean Subdivision and the unplatted Lot - 019, which will be processed as a separate Final Plat Amendment. Modification of this lot line will also require a Boundary Line Adjustment to be filed on Lot -019 prior to the filing of the amended final plat. It is unclear from the initial information submitted if the modified lot line will comply with the dimensional standards for the Rural zone district. The Applicant should be aware that any plat amendment in this zone district shall meet a minimum 2 acres lot size and shall not create any non -conformities with the existing structures. Required setbacks in the Rural zone district are Front Setback: 25 feet, Rear Setback: 25 feet, Side Setback: 10 feet. No changes to access, utilities, and/or related easements are proposed. No new Tots are being created. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Creek Subdivision The following Sections of the Garfield County Land Use and Development Code apply: • Section 5-305 — Amended Final Plat Review • Tables 5-103 Common Review Procedures and Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2 and 3, as applicable As a convenience, outlined below is a list of information typically required for this type of application: • A narrative describing the request and related information. • Proof of Ownership (title work or copy of a deed) and information on any lien holders. • Names and mailing addresses of properties within 200 feet of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. • If owner intends to have a representative (Planner or Attorney) complete the Application and processing then a letter of authorization is needed. • Copy of the Preapplication Summary needs to be submitted with the Application. • Copy of the Application Form, payment of Fees and signed Payment Agreement Form. • The Proposed Plat showing the existing and proposed lot lines and any easements and rights-of-way and including all required certificates. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed plat amendment. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • A Vicinity Map for use in the required public notice. • The Application should include a waiver request from submittal of an Improvements Agreement and any Codes, Covenants, and Restrictions (if applicable). • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access issues, will not affect utility services, and any other applicable Subdivision and Article 7 topics. II. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat (processed as an Administrative Review) including: • Pre -application meeting, • Submittal of Application (3 copies plus one on CD), • Completeness Review, ■ Submittal of additional materials (if needed) and copies for Referral reviews, • Setting a date for the Director's Decision, • Public Notice 30 days prior to the Director's Decision to property owners within 200 feet and mineral rights owners on the subject property, ■ Director's Decision including any conditions, ■ A 10 day Call-up Period after Director's Decision is made, ■ Finalizing the Plat and satisfaction of any conditions, and • Circulation for Applicant/Owner and other signatures. ■ Board of County Commissioners execution of the plat as a consent agenda item, • Recording the Plat and Boundary Line Adjustment information with County Clerk and Recorder. Public Hearing(s): Referral Agencies: X None X Directors Decision (with adjacent property and mineral owner's notice per code) Planning Commission Board of County Commissioners Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Homeowners Association (if applicable). III. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: August 5, 2013 Tamra Allen, Planning Director Date