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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (9701 945-8212 w w w.git ileid-county. Loin DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION -- 0 Minor Subdivision 0 Preliminary Plan Amendment Major Subdivision Cif Final Plat Amendment ■ Sketch 0 Preliminary 0 Final • Common Interest Community Subdivision Conservation Subdivision 0 Public/County Road Split Fxemption • Yield Cl Sketch I7 Preliminary 10 Final 0 Rural Land Development Exemption 0 Time Extension Project Name: INVOLVED PARTIES Owner/Applicant Name: STE\ HOt-T E. Phone: (3 ) `92i &c.,_,. Mailing Address: 33O .4iiLPrid raj T FF T City: PE NL1IE - State: CO Zip Code: e*D L I S E-mail: S HC L—T L.L. +t+. MikOktI iA k1 err F. i S ei& Representative (Authorization Required) Name: g5/4 MINEif41sl 4 I `.aSCC-i Ai> Phone: (n30) 9V • Zi94 Mailing Address: F. 0. o� 1,541 City: t,A+SP r State: CO Zip Code: Bt, +(c► Z. f E-mail: ACP\P 1Z.bI) ( f "E(04 6ZI, J . co k PROJECT NAME AND LOCATION Project Name: H of TcE-_ I\MEt3b - t) FINS PL \1 'z. 'j 3 -i -t_ cs r O i 4 Assessor's Parcel Number: - 2_ - 6 a.- .__o Physical/Street Address: ► . i oT Apv ' C + _ trout C4. ' r% Lam, # Legal Description Pt C7f-Eh1 ' OBJ'.i3j13ISicii FILI1 /, L0- A 1 t.c `r A17 cot)OTti OF A? frr j S Ai rl~ /lc ccs. -OVA[ ir , Zone District: (r-eal CSE NI T[ AL-) Property Size (acres):AUt - 2 . Li3ic Acs -E APE b i pM All = . cr 13 Acize DALe— Project Description Existing Use: R E l DE'is.3 ti AL Proposed Use (From Use Description of Project: Table 3-403): 12.4a51 pcai T1 !r t 'i t. LaCrAL.L1 C DtukP5f ? E_ LOT SAft: 4f lb ( PT d l7 ) —r) A c J E'1 L'LA12_... Ir CI - Proposed Development Area Land Use Type # of Lots # of Units _ Acreage Parking Single Family 1 2, { + ,(43= ' - etodl f 4f _Duplex— 3.Ctc;I outs t 2(it Multi -Family.. 0a,D Commercial Industrial Open Space Other Total 2 1 -3 05 1 4 ca5 4 REQUEST FOR WAIVERS Submission Requirements Q 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. roperty o Signature Owner late 8 ff� y OFFICIAL USE ONLY File Number: _ Fee Paid: $ (CV Garrield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") STEVE - > [ T 7 E_ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: A moNI DED rIN%L 0. -Ar 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 shah 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: 1'--E-ei 14 t 71 AN:i. Phone: (/4L)) (Z 3 219 Billing Contact Ad ress: ZC' Vi- "i.1 pc.A0 0 VL_ k City:PLT- State: CC) Zip Code: fc 2j Billing Contact Email: AC .Av i _t f\1 '( C112 -Li--, t L. 1 . C tNt,‘ Printed Name of Person Authorized to Sign: )81 c Mb•ZIAvJ (Signature) (Date) Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER:2393-292-01-o16 & 2393-292-01-017 DATE: February 26, 2014 OWNER: Lot A-16 - Elizabeth and H Stevens Holtze 111 Lot A-17 - Steve Holtze REPRESENTATIVE: Amy 927-2194 AGAP, Q C?►e5 �-r--) PRACTICAL LOCATION: 0035 and 0040 Whispering Water - Aspen Glen PUD, Filing 1, Lots A-16 and A-17 TYPE OF APPLICATION: Amended Final Plat 1. GENERAL PROJECT DESCRIPTION Applicants own two adjacent lots in the Aspen Glen Subdivision and seek to create one lot from the combined area of A-16 and A-17 and the Building Envelope on Lot A-16 is proposed to be vacated. Applicant should provide necessary information regarding easements that may be affected by the proposed amendment. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Unified Land Use Resolution Sections: Article 1V - Administrative Process 4-103 and Common Requirements 4-101 Article V - Subdivision 5-305 and Submittal Requirements Division 4 Submittal Requirements include: Application Form; Agreement to Pay Form; Proof of Ownership (Deeds); Letter of authorization if applicant is to be represented by a professional; Names and Mailing addresses of properties within 200'; Copy of Pre -application summary Amended Plat. 111. REVIEW PROCESS The process to accommodate these requests shall require submittal of an Amended Final Plat to be reviewed by the Administrative Process pursuant to the 2013 Land Use and Development Code (LUDO), as Amended. A. Pre -application Conference. B. Application Submittal (three paper copies and one CD of submittal documentation). C. Determination of Completeness. D. Schedule Director decision date, provide documentation regarding notice requirements. E. Additional Copies requested and sent to referral agencies. F. Evaluation by Director/Staff resulting in a Staff Report. G. Director issues decision regarding approval, approval with conditions or denial. H. to -day call-up period to Board of County Commissioners. I. If no call-up then plat can be signed by Board and recorded. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None Referral will be sent to the following agencies: ➢ Aspen Glen DRC ➢ County Surveyor VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ ioo.00 Pius any additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ (County surveyor review, per hour rate) Total Deposit: $ 1oo.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Sum ar Prepared by: athy East Date 4est, ■ GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning March 14, 2014 Garfield County Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Holtze Residence Final Plat Amendment 40 (and 35) Whispering Water Circle Carbondale, Colorado 81623 To Whom It May Concern:; The following is a list of property owners that are within 200' of the Holtze Residences, lots A16 and lot A17, in Aspen Glen. John B. and Sally H Young 3855 Olympia Drive Houston, TX 77019 Rocky Holdings 540 LLC 5 Cambria Road East Palm Beach Gardens, FL 33418 E. Chester Stokes Jr. & Lynda F Stokes 25655 Marsh Landing Parkway Ponte Vedra Beach, FL 32082 Deborah A Lawrence Living Trust 36 Whispering Water Circle Carbondale, CO 81623 Charles J & Sheila K Hofer (across river) 13340 N 94th Drive Peoria, AZ 85381-4824 John Phillips & Connie P Thorsen & Dee Trujillo 5787B NW 151' Street Miami Lakes, FL 33014 George M Kurajian Jr. Trust 187 South Glenhurst Birmingham, MI 48009 Jill Uris 1415 Sierra Vista Aspen, CO 81611 Radigan Company 1111 Bayside Dr #214 Corona Del Mar, CA 92625 Whispering Water LLC PO Box 7941 Aspen, CO 81612 Maria & Jozef 2102 Grand Ave Glenwood Springs, CO 81601 Crystal River Ranch Co 555 17th Street, Suite 2400 Denver, CO 80202 848978 05/08/2014 02:59:26 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED THIS DEED is dated the g9 day of April, 2014, and is made between (whether one, or more than one), Steve Holtze the "Grantor" of the County of Denver and State of Colorado and Elizabeth A. Holtze and H. Stevens Holtze, III, as Joint Tenants (whether one�, or more than one), the "Grantee", whose legal address is 330 Gilpin Street, Denver, CO 80218 of the County of IC) eN 1),_r and State of �D aFa�ia WITNESS, that the Grantor, for and in consideration of the sum of ( ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: Lot A17 Aspen Glen, Filing No.1 According to the Plat thereof recorded April 6, 1995 as Reception No. 476330 County of Garfield State of Colorado also known by street address as: 35 Whispering Water, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not 'any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: All exceptions of record IN WITNESS WHE ' EOF, the Grantor has executed this deed on the date set forth above. Steve Holtze State of Colorado County of The foregoing instrument was acknowledged before me this g day of April, 2014 by Steve Holtze. MARY L. SCHEURICH _. NOTARY PU13L,IC NSTATE OF COLORADO -, .......__ _) 22, 2017 Witness my hand and official seat. Notary Public My commission expires: MATY L. SCHEURiCf J -..._..- ._ _. NOTARY PUBLICSTATE OP NOTARY ID 199 O 007954 C.0Minlgklinn Fx fires May2 .._ . 2017 Stewart Title File Number: 01330-38196 Special Warranty Deed STCO Page 1 of 1 40'1%4 • GREG MQZIAN AND ASSOCIATES, INC. ■ Landscape Architecture . Environmental Planning March 24, 2014 Re: Holtze Residence / Aspen Glen lot A16 & A17 40 & 35 Whispering Water Carbondale, Colorado 81623 To Whom 1t May Concern: Let it be known, that we, Steve and Elizabeth Holtze authorize Greg Mozian and Associates to be our representatives in the amended final plat application to Garfield County for our lots A-16 and A-17 in Aspen Glen, also known as parcel numbers 2393-292-01-016 and 2393-292-01-01.7. Thank you. H Steven Holtze 11[ / Steve /'r - oltte Elizabe Holtze 4" ■ GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning June 17, 2014 Garfield County Planning Department Attn: Dave Pesnichak 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Holtze Residence Final Plat Amendment 40 (and 35) Whispering Water Circle Carbondale, Colorado 81623 Dave, The following is a list of 5 mineral rights owners per the Aspen Glen Plat Filing Number 1, dated 12/01/94, which includes the Holtze residence. A portion of that plan is included as exhibit A. 1. Leonis P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, Colorado 81623 1/4 interest reserved in Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Deed recorded 6/28/89 in Book 757 at Page 540. Effects: all of the NE1/4 NW1/4, Lots 4,5,6,7, 10, 11, 19 and 20; that of Lots 8,9 and 13 lying easterly of the Roaring Fork River; and Lots 1 and 12, all in Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. *NOTE: In searching with the Garfield Clerk and Recorder's office of information, we found that Leonis P. Chuc is deceased, and on September 11, 2008, Neva Chuc rescinded her mineral rights in a "qualified disclaimer of interest" - see attached exhibit B. 2. The Estate of Ceasar J. Chuc (deceased) 1/4 interest reserved in Warranty Deed recorded 9/26/61 in Book 336 at Page 570. Effects: Lots 12 and 16, Section 20: Lots 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except that parcel of land described in deed recorded in Book 255 at Page 272. 3. Ella J. Chase 1/50 interest in deed recorded 6/12/51 in Book 258 at Page 594. Effects: That portion of Lots 6 and 7, Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River. *NOTE: In searching with the Garfield Clerk and Recorder's office of information, we found that Ella Chase is deceased, and left 'all of the rest, residue and remainder of my property' to Gladys Zook Smith. No additional information was found on Gladys Zook Smith. In addition, a 'Release of Inheritance Tax Lien' was also found. See attached exhibits C and D. 4. William Walter Gentry AKA William Gentry All reserved in deed recorded 5/8/50 in Book 250 at Page 271. Effects: Lots 2 and 5, Section 13, Township 7 South, Range 88 West of the 6th Principal Meridian. *NOTE: In searching with the Garfield Clerk and Recorder's office of information, we found a request for notification regarding this mineral right - see attached exhibit E. The following is the address for notification: Estate of William W Gentry, P.O. Box 98, Meeker, Colorado 81641 5. United States of America All uranium, thorium or other material essential to the production of fissionable materials served in Patent recorded in Book 285 at Page 161. Effects: NE1/4NW1/41, and Lots 19 and 20, Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. Please review and feel free to call with any questions. Thank you. Amy Capron Associate / Greg Mozian and Associates EXHIBIT A Coif Course Parcel 8 Aspen Glen Minerals Leonis P. Chuc and Nevo M. Chuc 9663 Highway 82 Carbondale, Co. 81623 1/4 interest reserved in Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Deed recorded 6/28/89 in Book 757 at Page 540. Effects: all of the NE1/4 NW1/4, Lots 4,5,6,7,10,11,19 and 20; that of Lots 8,9 and 13 lying easterly of the Roaring Fork River, and Lots 1 and 12, all in section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. The Estate of Ceasar J. Chuc (Deceased) 1/4 interest reserved in Warron f Deed recorded 9/26/61 in Book 336 at Page 570_ Effects: Lats 12 and 16, Section 20; Lots 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except that parcel of /and described in deed recorded in Book 255 at Page 272 Elia J. Chase 1/50 interest in deed recorded 6/12/51 in Book 258 at Page 594. Effects: That portion of Lots 6 and Z Section 18, Township 7 south, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River. William Walter Gentry AICA Wiliam Gentry All reserved in deed recorded 5/8/50 in Book 250 at Page 271. Effects: Lots 2 and .5, Section 13, township 7 South, Range 88 West of the 6th Principal Meridian. United States of Americo NI uranium, thorium or other material essential to the production of fissionable materials reserved in Patent recorded in Book 285 at Page 161. Effects: NE1/4NW1/4, and Lots 19 and 20, Section 20, township 7 South, Range 88 West of the 6th Principal Meridian. ............ • • • 1111 In Knithir Iiormirwrioni I Nisi 11 II Reception#: 755502 09/11/2008 03:00:11 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO ® District Court ❑ Denver Probate Court Garfield County, Colorado Court Address: 109 Stn Street Glenwood Springs, Colorado 81601 1 COURT USE ONLY I IN THE MATTER OF THE ESTATE OF: LEONIS CHUC, Deceased Attorney or Party Without Attorney (Name and Address): Dan Kerst 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 Phone Number: (970) 945-2447 E-mail: FAX Number: (970) 945-2440 dandankerstpc.com Case Number: 08PR34 Division A Courtroom Atty. Reg. #: 6387 QUALIFIED DISCLAIMER OF INTEREST 1, Neva Chuc, declare that I am the surviving spouse of Leonis P. Chuc, who died on the March 21, 2008, domiciled in the County of Garfield, State of Colorado; that I may hold certain assets in joint tenancy with the decedent to which I am entitled to an undivided one-half interest thereto and I am also entitled to receive certain assets under the Last Will and Testament of the decedent. I hereby disclaim, renounce and refuse to accept any joint tenancy interest or any interest I am entitled to receive by virtue of the Last Will and Testament of Leonis P. Chuc, in and to the following described real property: All oil, gas and mineral interests owned by the Decedent at the time of his death in, on or under the following described property located in the County of Garfield and State of Colorado: Township 7 South, Range 100 West of the 6th P.M. Section 16: NW'/4NE`/4 Section 20: NE1/4NW'/4, NW'/4NE`/Q After recording return to: Dan Kens!, F.C. 823 Slake Ave., #202, Glenwood Springs. CO S IGO1 • 1111 P flI 1IN!I II4 "G la@a:1+ 1.1VAI'i 11111 Reception#: 755502 09/11/2008 03:00:11 PM Jean Alberich 2 of 2 Ree Fee:$11.00 Doc Fee:0 00 GARFIELD COUNTY CO Estate of Leonis Chuc Garfield County District Court Case No. 08PR34 Township 7 South, Range 98 West of the 61'' P.M. Section 21: SE1/4SW1/4, SW'/4SE' Township 5 South, Range 91 West of the 6th P.M. Section 35: SE'/4SW'/4 Township 7 South, Range 88 West of the 6th P.M. Lots 4, 5, 6, 7, 10, 11 and parts of Lots 8, 9 and 13 or in any proceeds from the sale thereof to which I would otherwise be entitled. I hereby affirm that I have not accepted any interest in or benefit from the property interests hereby disclaimed and that I have not received and will not receive any consideration in money or money's worth for making this disclaimer. As a result of the irrevocable and unconditional disclaimer herein, all of the property herein disclaimed and the proceeds from or income attributable to such assets, will pass pursuant to the Last Will and Testament of Leonis P. Chuc. This Qualified Disclaimer is made pursuant to C.R.S. §15-11-801 and IRC§§2046 and 2518 and is irrevocable and unconditional. Executed this 2J day of -UJf. tL5+ , 2008. STATE OF COLORADO COUNTY OF GARFIELD CHUC. Neva Chuc } ss The foregoing instrument was acknowledged before me this Witness my hand and official(77/7 ea My commission expires: 7 T ,2008 by NEVA may•. ,;�� �. 1.1 4/11k R y; • 4100,* Notary blic Alter recording return 10: Dan Kerssl. P.C. Blake Ave., 4262, Glenwood Springs, CO 01(101 Recorded at 2:17 P.M. February 24, 1965 tt,ecoption No. 22g828 Chas.S.lfeegan,RccordGx' STATE or COLORADO ) ) crr. COUNTY Olr GAxtpli; ) 1N ';Ilii. MATTER or Tun ESTATE Op ELT$ .I. CHASE, DECEASED* ) ) Book 364 Pato 143 IN Tnu DXSTAXOT COURT 00. 10.32 17 C1;R"11,ICJTU Xn DEThXOND D. DUIlTHOU*, Clerk of thea District Court of Oarfidld County, Colorado, do hereby certify that ULLA J. CHASE, a .died April 10, 1964, and et the time of her death vas nota rocident of tho Statct of Colorado; but VW R readout of the County of Doeatur, State of Ioval that the Loot Pill and Tootrmaint of ULLA J. Cl 18J , vas dated Junta 00 1959, 'cyan admitted to probate in aha County of Decatur, Strata of Iowa on April 24, 1964, and was admitted Co probate a a £or+eign trill, in tho County of Oarfiold, Stats of Colorado, on F�blit„ �a r 4 t•ci , 1965. 1 do hereby fu:?thor certify that the following is a true and correct copy of tho Lost %i111 end Tentc`mont of LLLA J. CHASE, tis admitted to probate in D a_atx tet Court; of O€trf lol.d County, Colorado, to -wit: 1, nlln J. Chace, .0 rooidcnt of Leon,, Decctur County, /ores 1#c:itti4 of round and dicpocinj mind and memory and iu ell respects Compctetxt to aui1te swill, do horcby make, dccloxe and publish thio intr ot:Mont to bo mfr leant will and tot�tertont ltoroby revokint nll outer wilts and codicils by stn itorotoferc mcdc. )'ir* t 1 Cavo and bequottth nor 500 nheres of stock in the Uncle Sam Gold Mining and Milling Company to Cary, Smith cud Austin Stith, sons of r ntoco Gladys Zook Stith. Second X Oivo and bequeath the, fallotzin0 amounts to tho following n4mod porsons, to,owit: Ott my brat hor Harry Zook. t hcs Dunt of One Hundred end no/100 (0100.00) Dollars. '10 ix>y actor A1ioe Bcntitett the aura of Ono Itundred and no/100 (0100.00) Dollars. TO my nephew Mrtrry L. fctrnotti the sunt of Two sand no/100 ($2.00) Dollars. To my nephew Gerald Bennett the cum of Ti o end no/100 02.00) Dollars. To my nophcra Kenneth .,,...,,..t tho aunt of Ono Thousand and no/100 ($1000.00) Do1lart. To my niece Helen Zook Peterson tho Guts of Ono Thouoand and no/100 ($1000.00) Dollars. To py niece Lois Zook Strom; tho num of One Thoueond and no/100 ($1000.00) Dol.lors. To my nieces MarOaret Zook Kimberlin thea sum of Oito Thousand and no/100 ($1000.00) Dollars. • To my sicca Harriet Zook Sv:nln tho sure of Ono Thou:rad and no/100 (01000.00) Dollars. To my friend Dolly Virgil tho cum of Vivo Hundred and no/100 ($500.00) Dollars. ai•d Book 364 Page 144 Ta_ grand -nephew John Pinkney Bennett the sum of Five Modred end no/100 ($500.00) Dollars. To icy friend Margaret McCann the sum of One Hundred and no/104 ($100.00) Dollars. Third I givo, dA ri.sa and bequeath to my niece Gladys Zook Smith all of the rent, residue and remainder of ay property, whether real personal or mixed, of which 1 may die seized, be the owner of,or be entitled to, wherever the soma NO be situated. Fourth I appoint wr niece Gladys Zook Smith es Exeeutr1x of this my last will and testament and direct that she serve without bond. Signedset Leon, :Ova, this 8th day of dune., 1959. J. CHASE The foregoing instrument ways on the dote thereof, to -wit: this 8th day of June, 1959, in our presence signed by the said Silt J. Chase, mho is known to us to be of sound and disposing mind and memory, said by her declared to be her last will rant testament, and we, at her request and in her presence and in the presence of each other, do sign our names its witnesses theroto, 21Ap1TW HOFFMAN HIMENIA FROST ALLEN J. KUCERA IN GAYNESS ME EO , I have hereunto set ixy hand, and affixed the official e0e1-02,-,scid Court, at Glenwood Spa'ixtgs, Golarado,oxo this, the day 1965. brs'mbNb: a uERTHO U C14rk ai the District Court of Garfield C¢us ty, o 14 auo. ` SI: 'ten erg e f;/66.,>2 ' Rook 359 Recorded at $:50 A. M. July 21, 1964 Page 1.26 Reception No, 226372 Chas. S. Keegan, FORM 17 STATE OF COLORADO DEPARTMENT OF LAW INHERITANCE TAX DIVISION RELEASE OF INHERITANCE TAX LIEN Estate of Ella J. Chase Date of Death 10, 1961E Gross Estate $ It appearing to the attorney general that it is not necessary to preserve the lien granted by the Colorado inheritance tax law against the hereinafter described real estate, in which the above named decedent had an interest, by virtue of the authority vested in me under the provisions of Sec. 138-4-61, CRS., 1953, I do hereby forever release and discharge the inheritance tax lien against the following described real estate, to -wit: 1/50 interest in mineral rights inland in Sections 7 & 18, Twp 7 S, R 88 W, & Sec. 12, T 7 S, R 29 W, Garfield County, Colorado, Lot 3 (35.01 ac), 4 (26.58 ac) Sec. 7; Lots 2 (3.37 ac) 3(12.42 ac), 6 (15.85 ac) 7 (79.52 ac), Sec 13; and also, a parcel of land containing 1-1/2 acres, m/1, l;eing the real property conveyed by Joseph McLarning to James H. Chase & Charles C. Chase by warranty deed dated 1/23/04, appearing of record in the office of the Clerk and Recorde- of Garfield County, Colorado, as Document No. 23929, in Book 61 at p 389 thereof, less those portions of said land heretofore conveyed out; all in 17S, R 38 W of the 6th PM. Lots 11(19.95 ac), 17 (10.07 ac) & 18 (26.36 ac) of Sec. 12; also that part of IL 3--- of Sec 12, 17J, R.09 d of the 6th P:•1, according to a novernment survey known as the Cut:>haw aur;ey of said T a not included within the boundar; linea o2 the N ,1,7. } of Sec 12 in said Twp according to a aur:ey thereof suspended Ly the Commissioner of the Genera: Land 0. :'ice 7-y his letter t 3't of 8/17/85, to the then loca" land off ceps of Glenwood Springs, Colorado, containing 34 acre -J, the lame being desc. a3 f o11owo : Beg. at the �' , co: of N , ,N-._ of C 12, 89 .• -, M; { col,. • Vy.VJ4 Sac L., 175, R ii CL the-th 111, l/h a o/� s ts, N �, t t. 1400 ft ,; C:iJ f4 the line- C.i. said quarter .,ectJ .l.On to %i• co:.; th. J tl;; along the W line o2 said local su::ci. 320 ft t : t :- ' ^t1 of ,t t �,? ,N, i said � 1„ 475 _ v to NE co.�.::nav was N -4 -NE C.. SQ^.. 11 ,md ew a former ge : ernaers „ r,: ei which wac .:,I.a� ;ne.ef Wit. n-,� .�.- +--ate ",?i latter ;, It:,,tt dated n 1 t .,., . . �-�. �_.a: 0",?5 - ce t,t�_ � �:/�7/85� th. .� l;, 740 :.i- .r..+✓, 1 y t, -, 3 i n said - �,T'�+ ;"'3 ' 1 �t e .; ..:,; �... y,; �:lon� �n� line o. �u_cs _.��.� . _ _ � �o 2- hn line nnof o 1 2 n N' y a i' _i t,:�� _w. �, •�:_._c Sec lam, 4, th. s: ly long �a�.c __:e 11--z •1t t• , o n .og . T Pc j7 02 the j ; _ u v0 the place O+_ :,:,�., allin 7 3, '� vh:. vh - Dated at Denver, Colorado, DUKE W. DUNBAR, Attorney General of Colorado. , Juno C 196 4 By - NEI. TesHER, Assistant Attorney General. Note—This release must be recorded in the office of the clerk and recorder of the county in which the property is situate. Pecorder 41114441144411441111111101111111111111111111111111 111 6F 11of11 R66.002D02 : 27P 0.00GARFIELDO000NTYMCOLSDOR NOTICE The oil, gas, and minerals (the mineral estate) has been severed from the surface estate in the following land: County of Garfield and State of Colorado, to wit: Lots Nineteen (19), Twenty (20), Twenty -One (21) and Twenty -Four (24) in Section Twelve (12), and Lots Two (2) and Five (5) in Section Thirteen (13), Township Seven (7) South, Range Eighty -Nine (89) West of the Sixth (6th) Principal Meridian, containing 165.78 acres, more or less. by a reservation made by William Walter Gentry in a Warranty Deed dated May 5, 1950, and recorded in Book 250 at Page 271 of the public records of Garfield County. Such mineral estate may include the right to enter and use the property without the surface owner's permission. C.R.S. §10-11-123 (2) (a) and (b). The mineral estate is now owned by the Estate of William W. Gentry, Deceased, Post Office Box 98, Meeker, Colorado 81641. The rights and duties of mineral owners and the consequences of divided ownership as well as the duties of the title insurance agent or title insurance company are covered, in part, by House Bill 1-1088, effective July 1, 2001; being C.R.S. §10-11-123 et sec. REQUEST FOR NOTIFICATION The Estate of William W. Gentry as Mineral Estate Owner requests notification, pursuant to C.R.S. § 24-65.5-101 et seq., concerning impending surface development of the described lands, but not including building permit applications. This request is pursuant to C.R.S. § 24-65.5-101, 102 and 103 and to C.R.S. § 31-23-215. Dated thisZ 4S day of Se _ -- • -r, 2002. 4►r♦.7 i Fran "' oole , 1377 P.O. Box 98 Meeker, CO 81641 Attorney for the Personal Representative of the Estate of William W. Gentry, Deceased 14 4 5�i 1111In111910t1411.14ft1014111 I41,U1i &'A 11 111 Reception#: 730997 08116/2007 12:57:27 PM Jean Alberioo 1 of 4 Rec Fee:$21.00 Doc Fee 119.50 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 10th day of August, 2007, between Thomas H. Wilson of the said County of Marin and State of California, Grantor, and Elizabeth A. Holtze �F \"\ . 50 fF a\ . o 0 whose legal address is: 818 17th St., Denver CO 80202 of the said County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $1,195,000.00) One Million One Hundred Ninety Five Thousand dollars and Zero cents, 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 grantees, their heirs and assigns forever, all the real property, together with improvements, if any, situate, Tying and being in the County of Garfield and State of Colorado described as follows: LOT A-16 ASPEN GLEN, FILING NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330 COUNTY OF GARFIELD STATE OF COLORADO also (mown by street and number as: 40 Whispering Water, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has trood, sure, perfect, ahsnhkte 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 same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except all taxes for 2006 have been paid in 2007 by seller and those exceptions as shown on attached Exhibit "A" The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN W_ NESS WHEREOF, the grantor has e. uted this deed on t� date set forth above. �f �— h . 1 iibe- -y--in —Far Douglas R. Scott, as Attorney In Fact for urns H. Wilson STATE OF California ) ) ss. COUNTY OF Marin ) The foregoing instrument was acknowledged before me this I, day of August, 2007, by Douglas R. Scott, as Attorney In Fact for Thomas H. Wilson My conunission expires: se 1 'i 120/a. Witness myhand d official seal. Marr Public .,ila41 I. IiODRIGUIZ alhdl COMM. 01692391 m Notary Public -California rN A&AA®A COUNTY 1arr...m c.,. e . a •1,.,,, r Stewart Title of Colundo - Glenwood Springs Division File Number: 20070987 No. 932A - Warranty Deed (For Pbotogmpltie Record) Page 1 of t x rrmmorn Ifr—... ,...... _.... 7 .-....iTr-em..Rz-� 111111 IPiltlVailirlihllri h IOEIMLMN 11111 Reception#: 730997 08/16/2007 /2:57:27 PM Jean Alberioo 2 of 4 Rec Fee:$21 00 Doe Fee:119.50 GARFIELD COUNTY CO EXHIBIT 1 EXCEPTIONS 1. Water right, claims or title to water. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522. 3. Matters related to the mineral estate as disclosed by Deeds recorded December 26, 1958 in Book 314 at Page 160 as Reception No. 203858; recorded September 26, 1961 in Book 336 at Page 570 as Reception No. 215212; recorded January 5, 1965 in Book 363 at Page 33 as Reception No. 228221; recorded May 8, 1950 in Book 250 at Page 271 as Reception No. 172106; recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326; recorded October 13, 1964 in Book 361 at Page 275 as Reception No. 227254; recorded December 17, 1964 in Book 362 at Page 445 as Reception No. 228037; and for all of these Deeds recited, and any and all assignments of record, or otherwise, thereof, or interests therein. 4. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356; in Book 931 at Page 374 as Reception No. 474357; in Book 931 at Page 393 as Reception No. 474358; in Book 931 at Page 412 as Reception No. 474359; and in Book 933 at Page 432 as Reception No. 474360. 5. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows: A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262. B. Resolution No, 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154. C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796. D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955. E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No, 472058. F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462. G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765. H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797. File Number: 20070987 Stewart Title of Colorado -Glenwood Springs Division Warranty Deed — Exhibit 1 (Exceptions) Page 1 of 7 .,......rr7mis....._. ......................tnnAmnrr - t IN I 'iP iltire,M1i10,1,4111NRITIMEL II1i 1I III Reception#: 730997 00116/2007 12:57,27 PM Jean Flberico 3 of 4 Rec Fee:$21.00 Doc Fee:119.50 GARFIELD COUNTY CO 1. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798. 6. Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Book 835 at Page 364 as Reception No. 436263. 7. Agreement recorded July 5, 1994 in Book 907 at Page 801 as Reception No. 465436. 8. Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August 19, 1994 in Book 912 at Page 973 as Reception No. 467451. 9. Any adverse matters disclosed on the Plat of Aspen Glen Planned Unit Development, recorded April 6, 1995 as Reception No. 476330. 10. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328, First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005, Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597 and Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668; Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379; Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952; Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No. 665692; and, Amended Declaration recorded March 23, 2007 in Book 1905 at Page 531 as Reception No. 719512. 11. Subdivider's Agreement as contained in Instrument recorded April 6, 1995 in Book 936 at Page 444 as Reception No. 476329. 12. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331. 13. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327. Fllc Noinber: 20070987 Stewart Tide of Colorado . Glenwood Springs Division Warranty Deed — Exhibit 1 (Exceptions) Page 2 of 3 ■Ill i p414110,1400.10.14M111Mi 1hi.l114 11111 Reception#: 730997 08/16/2007 12:57,27 PM Jean Alberico 4 of 4 Rec Fee:$21.00 Doc Fee:119.60 GARFIELD COUNTY CO 14, Rights and reservations in Warranty Dead recorded December 26, 1958 in Book 314 at Page 160 as Reception No, 203858, and any and all assignments of record, or otherwise, thereof, or interests therein. 15. Rights and reservations in Warranty Deed recorded September 26, 1961 in Book 336 at Page 570 as Reception No. 215212, and any and all assignments of record, or otherwise, thereof, or interests therein. 16. Special Warranty Deed and Grant of Easement recorded December 31, 1996 in Book 1005 at Page 228 as Reception No. 503024. 17. Trench, Conduit and Vault Agreement recorded December 1, 1995 in Book 959 at Page 968 as Reception No. 485953. 18, Bargain and Sale Deed between Aspen Glen Golf Company, a Colorado limited partnership and The Homeowners Association at Aspen Glen, a Colorado non-profit corporation recorded May 25, 2006 in Book 1803 at Page 782 as Reception No. 698615. 19. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Reception No. 719513. File Number: 20070987 Stewart Title of Colorado -Glenwood Springs Division Warranty Deed— Exhibit 1 (Exceptions) Page 3 of 3 Trt1111•IUt T .m penny 1 842368 10/23/2013 12:30:17 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $20.00 eRecorded WARRANTY DEED THIS DEED is dated the 944 day of October, 2013, and is made between Thomas H. Wilson (whether one, or more than one), the "Grantor" of the County of Marin and State of California and Steve Holtze State Doc Fee: $20.00 (whether one, or more than one), the "Grantee", whose legal address is 330 Gilpin Street, Denver, CO 80218 of the County of Denver and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Two Hundred Thousand Dollars and No Cents ( $200,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: Lot A17 ASPEN GLEN, FILING NO, 1 According to the Plat thereof recorded April 6, 1995 as Reception No. 476330. County of Garfield, State of Colorado also known by street address as: 35 Whispering Water, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, ciaim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that et the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2013 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Off Record Title Matters) and Section 9 (Current Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration and party wall agreements, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. t�t;.y -z c) ren --tOc.�ir Thomas H Wilson by Douglas R. Scott as his attorney in fact Stewart Title File Number: 01330-32299 Page 1 932A WARRANTY DEED STCO 842368 10/23/2013 12:30:17 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $20.00 eRecorded State of California County of The foregoing instrument was acknowledged before me thisday of October, 2013 by Douglas R. Scott for Thomas H. Wilson as his attorney in fact. JEREMY DANK NOTARY PUBLIC -CALIFORNIA. , COMMISSION * 2025847 ? ALAMEDA COUNTY FF My Comm. Exp. June 20, 2017 Witness my hand a'Pdhoffycial seal. Notary Public My commission expires: to ok 17 Stewart Title File Number: 01330-32299 Page 2 932A WARRANTY DEED STCO ■ GREG MOZIAN AND ASSOCIATES, INC. Landscape Architecture • Environmental Planning June 19, 2014 Garfield County Community Development Attn: David Pesnichak / Senior Planner 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Holtze Residence / Aspen Glen Lot Al6 &A17 40 & 35 Whispering Water Carbondale, Colorado 81623 Dear Dave, ■ Thank you for your assistance in finalizing our response to your completeness review of the Holtze Aspen Glen Amended Plat application. The following letter and attachments address each of the items to complete: 1. Ownership of the land - see attached special warranty deed. 2. Authorization letter - see attached signed letter. 3. We are requesting a waiver from submittal requirements in accordance with Section 4-202, as there are no codes, covenants or restrictions per Section 5-402(1) that pertain to these properties. 4. Mineral estate owners - see attached memo and exhibits. 5. We are requesting a waiver from submittal requirements in accordance with Section 4-202, as there are no Improvements Agreements per Section 4-203(K) that pertain to these properties. We appreciate your review of our application. Sincerely, Greg Mozian President / Greg Mozian & Associates Mailing Address: P.O. Box 1549, Basalt, Colorado 81621 Office Locations: 117 South Spring Street, 2' Floor, Aspen, Colorado 81611 and208 Midland Avenue, 2"d Floor, Basalt, Colorado 81621 Telephone (970) 927-2194 / Fax (970) 927-2197 PUBLIC NOTICE TAKE NOTICE that the Steve Holtze has applied to the Garfield County Director of Community Development, to request an Amended Final Plat to two parcels located in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Description of Request: Aspen Glen Subdivision, Filing 1, Lots A16 and A17, County of Garfield, State of Colorado 35 and 40 Whispering Water Circle, Carbondale, CO 81623 Administrative Review to eliminate the boundary line between Lot A17 (0.613 acres), Parcel Number 239329201017 (owner is Steve Holtze) and Lot A16 (1.825 acres), Parcel Number 239329201016 (Owner is Steve Holtze) of the Aspen Glen Filing 1 subdivision, creating one (1) singular 2.438 acre lot. In addition, the building envelope within Lot A l 7 would be vacated. Vicinity Map All persons affected by the proposed Amended Final Plat are invited to comment regarding the application. You may state your views by letter, or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will issue a decision on this application on Friday July 25, 2014 therefore any comments to be considered must be received prior to that date. Planning Division, Community Development Garfield County ess.# ■ GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning June 19, 2014 Garfield County Community Development Attn: David Pesnichak / Senior Planner 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Holtze Residence / Aspen Glen Lot Al 6 &A17 40 & 35 Whispering Water Carbondale, Colorado 81623 Dear Dave, Thank you for your assistance in finalizing our response to your completeness review of the Holtze Aspen Glen Amended Plat application. The following letter and attachments address each of the items to complete: 1. Ownership of the land - see attached special warranty deed. 2. Authorization letter - see attached signed letter. 3. We are requesting a waiver from submittal requirements in accordance with Section 4202, as there are no codes, covenants or restrictions per Section 5-4020) that pertain to these properties. 4. Mineral estate owners - see attached memo and exhibits. 5. We are requesting a waiver from submittal requirements in accordance with Section 4-202, as there are no Improvements Agreements per Section 4-203(K) that pertain to these properties. We appreciate your review of our application. Sincerely, Greg Mozian President / Greg Mozian & Associates Mailing Address: P.O. Box 1549, Basalt, Colorado 81621 Office Locations: 117 South Spring Street, 2"d Floor, Aspen, Colorado 81611 and208 Midland Avenue, 2"d Floor, Basalt, Colorado 81621 Telephone (970) 927-2194 / Fax (970) 927-2197 848978 05/08/2014 02:59:26 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED THIS DEED Is dated the v / day p1 April, 2014, end Is made between (whether one, or more than one), Steve Holtze the 'Grantor of the County of Denver and Stale of Colorado and Elizabeth A. Holtze and H. Stevens Holtze, III, as Joint Tenants • (whether oneYhsr more than one), the "Grantee", whose Iggal address Is 330 Gilpin Street, Denver, CO 80218 of the County of Id e.0 ve.r- and State of (-Dl araNn WITNESS, that the Grantor, for and In consideration of the sum of ( ), the receipt and suffidency of which Is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real properly, together with any Improvements thereon, located N the County of Garfield and State of Colorado described as follows: Lot A17 Aspen Glen, Filing No.1 According to the Plat thereof recorded AprII 6, 1995 as Reception No. 476330 County of Garfield Slate of Colorado also known by street address as: 35 Whispering Water, Carbondale, CO 81823 • TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either In law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not -any adjoining vacated street or alley, if any, In the qulet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: All exceptions of record IN WITNESS WHE EOF, the Grahtor has executed this deed on the date sot forth above. Steve Holtze State of Colorado County of The foregoing Instrument was acknowledged before me this )-9 day of April, 2014 by Steve Holtze. MARY No AR PUBLIC NSTATE OFCOLORAPO `P:•eo (.lay 22, 2017 Witn'e,'sn1's my hand and official sea. Notary Pualic My commission expires: MARY L.SCHEU STATEOKCOL� IRICH NOTARY ID ogaca0o?DEg M r-emfimum Fx bee Ma 22,2017 Stewart Tale F9e Humber. 01330-39196 Special Warranty Deed STCO Page 1 of 1 .ess4 • GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning March 24, 2014 Re: Holtze Residence / Aspen Glen lot A16 & A17 40 & 35 Whispering Water Carbondale, Colorado 81623 To Whom It May Concern: Let it be known, that we, Steve and Elizabeth Holtze authorize Greg Mozian and Associates to be our representatives in the amended final plat application to Garfield County for our lots A-16 and A-17 in Aspen Glen, also known as parcel numbers 2393-292-01-016 and 2393-292-01-017. Thank you. 1-1 Steven Holtze 1I1 / Stevej of e ElizabethK Holtze • GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning June 17, 2014 Garfield County Planning Department Attn: Dave Pesnichak 108 8'h Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Holtze Residence Final Plat Amendment 40 (and 35) Whispering Water Circle Carbondale, Colorado 81623 Dave, The following is a list of 5 mineral rights owners per the Aspen Glen Plat Filing Number 1, dated 12/01/94, which includes the Holtze residence. A portion of that plan is included as exhibit A. 1. Leonis P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, Colorado 81623 1/4 interest reserved in Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Deed recorded 6/28/89 in Book 757 at Page 540. Effects: all of the NE1/4 NW1/4, Lots 4,5,6,7, 10, 11, 19 and 20; that of Lots 8,9 and 13 lying easterly of the Roaring Fork River; and Lots 1 and 12, all in Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. *NOTE: In searching with the Garfield Clerk and Recorder's office of information, we found that Leonis P. Chuc is deceased, and on September 11, 2008, Neva Chuc rescinded her mineral rights in a "qualified disclaimer of interest" - see attached exhibit B. 2. The Estate of Caesar J. Chuc (deceased) 1/4 interest reserved in Warranty Deed recorded 9/26/61 in Book 336 at Page 570. Effects: Lots 12 and 16, Section 20: Lots 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except that parcel of land described in deed recorded in Book 255 at Page 272. 3. Ella J. Chase 1/50 interest in deed recorded 6/12/51 in Book 258 at Page 594. Effects: That portion of Lots 6 and 7, Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River. *NOTE: In searching with the Garfield Clerk and Recorder's office of information, we found that Ella Chase is deceased, and left 'all of the rest, residue and remainder of my property' to Gladys Zook Smith. No additional information was found on Gladys Zook Smith. In addition, a 'Release of Inheritance Tax Lien' was also found. See attached exhibits C and D. 4. William Walter Gentry AKA William Gentry All reserved in deed recorded 5/8/50 in Book 250 at Page 271. Effects: Lots 2 and 5, Section 13, Township 7 South, Range 88 West of the 6th Principal Meridian. *NOTE: In searching with the Garfield Clerk and Recorder's office of information, we found a request for notification regarding this mineral right - see attached exhibit E. The following is the address for notification: Estate of William W Gentry, P.O. Box 98, Meeker, Colorado 81641 5. United States of America All uranium, thorium or other material essential to the production of fissionable materials served in Patent recorded in Book 285 at Page 161. Effects: NE1/4NW1/41, and Lots 19 and 20, Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. Please review and feel free to call with any questions. Thank you. Amy Capron Associate / Greg Mozian and Associates Aspen C/en Minerals EXHIBIT A Col/ Course Parcel 8 Leon/s P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, Co. 81623 1/4 interest reserved In Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Deed recorded 6/28/89 in Book 757 at Page 540. Effects: all of the NE7/4 NW1/4, Lots 4,5,6,7,10,11,19 and 20; that of Lots 8,9 and 13 yang easterly of the Roaring Fon* River, and Lots 1 and 12, all in section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. The Estate of Ceasar J. Chuc (Deceased) 1/4 interest reserved in Warmnty Deed recorded 9/26/61 in Book 336 at Poge 570. Effects: Lots 12 and 16, Section 20; Lots 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except that parcel of /and described in deed recorded in Book 255 at Poge 272 Ella J. Chose 1/50 interest in deed recorded 6/12/51 in Book 258 at Page 594. Effects: Mat portion of Lots 6 and 7, Section 18, Township 7 south, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River. lYi///arn Wolter Gentry AKA Wiliam Gentry All reserved in deed recorded 5/8/50 in Book 250 at Page 271. Effects: Lots 2 and 5, Section 13, township 7 South, Range 88 West of the 6th Principal Meridian. Unrted States of Artistica All uranium, thorium or other material essential to the production of fissionable materials reserved in Patent recorded in Book 285 at Page 161. Effects: NE1/4NW1/4, and Lots 19 and 20, Section 20, township 7 South, Range 88 Wast of the 6th Principal Meridian. 1111IAPLIWl411,14M41W ■EYrilliTtilll'■ 11111 Receptlont: 755502 09/11/2008 03:00:11 PM Jean Rlberlco 1 of 2 Rec Fee:$11.00 Doc Fee:0-00 GARFIELD COUNTY CO EXHIBIT B El District Court U Denver Probate Court Garfield County, Colorado Court Address: 109 8th Street Glenwood Springs, Colorado 81601 A COURT USE ONLY A IN THE MATTER OF THE ESTATE OF: LEONIS CHUC, Deceased Attorney or Party Without Attorney (Name and Address): Dan Kerst 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 Phone Number: (970) 945-2447 E-mail: FAX Number: (970) 945-2440 danftdankerstpc.com Case Number: 08PR34 Division A Courtroom Atty. Reg. #: 6387 QUALIFIED DISCLAIMER OF INTEREST I, Neva Chuc, declare that I am the surviving spouse of Leonis P. Chuc, who died on the March 21, 2008, domiciled in the County of Garfield, State of Colorado; that I may hold certain assets in joint tenancy with the decedent to which I am entitled to an undivided one-half interest thereto and 1 am also entitled to receive certain assets under the Last Will and Testament of the decedent. I hereby disclaim, renounce and refuse to accept any joint tenancy interest or any interest I am entitled to receive by virtue of the Last Will and Testament of Leonis P. Chuc, in and to the following described real property: All oil, gas and mineral interests owned by the Decedent at the time of his death in, on or under the following described property located in the County of Garfield and State of Colorado: Township 7 South, Range 100 West of the 6ih P.M. Section 16: NW'/%NE'/ Section 20: NE'/<NW%, NW''hNE% Ana recording Muni lo: Oon Keno. P.C. 823 Brake Ave., 8202. Glenwood Sony, CO 81601 1110I111:17/lwifa1/41rla1/41r111W*1141.14KIN 11111 Rsceptlon$t: 755502 09/11/2008 03:00:11 PM Jean 0lberioo 2 of 2 Roo Fee:$11.00 Doc Fee:0 00 GARFIELD COUNTY CO Estate of Leonis Chuc Garfield County District Court Case No. 08PR34 Township 7 South, Range 98 West of the 6" P.M. Section 21: SE'/JSW%, SW/4SE1/4 Township 5 South Range 91 West of the 6''I P.M. Section 35: SE'/4SW'/ Township 7 South, Range 88 West of the 6"I P.M. Lots 4, 5, 6, 7, 10, 11 and parts of Lots 8, 9 and 13 or in any proceeds from the sale thereof to which I would othenvise be entitled. I hereby affirm that I have not accepted any interest in or benefit from the property interests hereby disclaimed and that 1 have not received and will not receive any consideration in money or money's worth for making this disclaimer. As a result of the irrevocable and unconditional disclaimer herein, all of the property herein disclaimed and the proceeds from or income attributable to such assets, will pass pursuant to the Last Will and Testament of Leonis P. Chuc. This Qualified Disclaimer is made pursuant to C.R.S. §15-11-801 and IRC§§2046 and 2518 and is irrevocable t and unconditional. Executed this .1 day of ytc.tyUS�- , 2008. STATE OF COLORADO COUNTY OF GARFIELD CHUC. Neva Chuc ss 4 - The foregoing instrument was acknowledged before methis day of Witness my hand and official eal. My commission expires: 7 �-1/ Aller r vo'Jing minrn to: On Kcrsl. Y.C. E231.31:14c Ava, )202, Glenwood Spring% CO F INil Recorded at 2:47 P.N. February 24, 1965 Reception No. 228828 Chas.S.Koogan,Recorder STATE OF COWAADO ) on. COMM OF OAAWIBLD ) IN Tttt DIATSIil Op 71111 I8TATB OF ELLA J. CHASE, DBOBASDD. EXHIBIT C Book 364 Page 143 IN TIM DISTRICT COURT N0. 10-3217 CERTIFICATE I, DESMON D. BMW, Clerk o8 the District Court of Garfield County, Coloreds, do hereby certify that ULLA J, CHASE, died April 10, 1904, and et tho time of hot doeth woo :At a tooidont of tho Moto of Colorado, but scan a roatdont of the County of Dooatur, Otato of Iowal that tho Loot Hill snd Tnatamont of DLLA J. EVADE, woo doted Juno 8, 1959, won admitted to probate in the County of Decatur, Witt of Iowa on April 24, 1964, and vac admitted Co probate a n foreign Will in the County of Oarfiold, State of Colorado, on getn•unyv 2;rd 1005. I do boroby furthot certify thot tho following is a truo and correct copy of the LestWill and Tenement of BLLA J, CUASA, oil admitted to probato in ^aid Dtotrict Court of Garfield County, Colorado, to -vita 1, Lille J. claim, a readout of Loon, Decatur County, Imo, being of round and dirpoeing mind and memory and in o11 resonate competent to make a will, do hereby make, declare and publish thin inetrur4ont to bo my loot will and toatertent heroby rovaking nil other villa mid oodictic by me herotoforc mcdc. Mut I give and bequoath sty 500 nharoo of etoch in the Uncle Som Gold Mining and Milling Company to Oary Cmith and Austin Smith, sono of my niece Gladys Zook Smith. Second I givo and boquooth the following amounts to Lha following named mem, to«vitt To ay brother Barry Zook the sum of Ono Hundred end no/W0 (4100.00) Dollars. To tor rioter Alice Bennett Otto cum of Ono Hundred and no/100 (4100.00) DoLlaro. To my nephew Uoray L. ttonott the cum of Two and no/l00 (42.00) Dolton, To my nephew Gerald Bennett the cum of Tvo end no/100 ,(02.00) Dollar°. Tu ay nopbov Kcnnoth .:. .t the sum of Ono Thousand and no/100 (41000.00) Doliorn. To ay niece Malan Zook Octoroon tho °um of Ono Thousand end no/100 (41000.00) Dollaru. To my aicoo Lois Zook Strong the num of Ono Thousand and no/100 (41000,00) Dolloro, To ay nioco Morgarot Zook Elmberlin Oho cum of One Thoucond and no/100 (41000.00) Donors. To cry niece Harriet Zook Swain the num of Ono Thour°nd mut no/100 (01000.00) polloro. To my friend Dolly Virgil the num of Five Hundred and no/100 (4500.00) Dollar°. get a sen 1 gµ o - El. a ay c 2 *+ p n o H, m m o a 4. KO 5 Di 46 ai C6 rt ft er at la Pt tits Oct A pp•C p: W 3{pgfi▪ n )pD A.2ypo. at is K M 0m n C b ? A S ILL; 1' 0 A TI O p vW 1. H R w y■ pt C} !� fmt OSA OP ti'siT *II kir; Crt a-rtal n $1 yyii ;It er 4 b p LNHkfi a' 44 IC�+[tK• [pp]vM O. P ;;ipnfftt4 minne GMCFR Si !•41 N O' lRcnb Co• CMC �ettNna' !� DI: K MI+FRO x0/ICC .Pi P.M t0 14 W WMM Qi 0 • 0e' R ra m {{�■ D n n V K •• �J i W H `C m �Y R C D 6 es P• 9 • O 8t pm y ORs0.• �O• •„R 0 0 R aft k! R It 40 a 'f If . al• ai( w� "f& it f it O rtH s �t��.laa w.. .N. Ci ,SDit uC c C YMy bR if Of• •3.TKs pp t m G0 p µOycu 0.A C+• �Vf�I qn wb 4 N • n•S O Pt R • in ! K OO m n O b s n0 •is so W 0.KC C $qgn m ft n • ▪ OO Kt" n Ketn O 0 q R. . z R. 4 ol r Ir a °y k gr Y m a m K• M Lag int paapunp ro to mo 04 0 1-'w FON Book 159 Recorded at S:50 A. M. July 21, 1964 Page 426 Reception No, 226372 Chas. S. Keegan, Recorder EXHIBIT D IORH 17 STATE OF COLORADO DEPARTMENT OF LAW INHERITANCE TAX DIVISION RELEASE OF INHERITANCE TAX LIEN Walser Ella J. Chase Date of Deatb.April 10 1.964 Grose Estate $ It appearing to the attorney general that it is not necessary to preserve the lien granted by the Colorado inheritance tax law against the hereinafter desoribed real estate, in which the above named deeedent had an interest, by virtue of the authority vested in me under the provisions of Sea 138-4-61, CRS., 1953, I do bereby forever release and diaeharge the inheritance tax lien against the following described real estate, to -wit: 1/50 interest in mineral rights inland in Sections 7 & 18, Twp 7 3, R 88 W, & Sec. 12, T 7 8, R 29 W, Garfield County, Colorado, Lot 3 (35.01 at , 4 (26.58 ac) Sec. 7• Lots 2 (8.37 ac) 3(12.42 ac), 6 (15.85 ac) 7 (79.52 ac), See 18; and alae, a parcel of land containing 1-1/2 acres, m/1, being the real property conveyed by Joseph McLarning to James H. Chase & Charles C. Chase by warranty deed dated 1/23/04, appearing of record in the office of the Clerk and Recorder of Garfield County, Colorado, as Document No. 28929, in Book 61 at p 389 thereof, leas those portiere of said land heretofore conveyed out; all in 17S, R 38 W of the 6th PId. Lots 11(19.95 ac), 17 (13.07 ac) & 18 (26.36 act). of Sec. 12; also that part of NEWEE7 of Sec 12, T7J, Rog ?I of the Gth P.9, according to a government survey known as the Ct tahaw Survey of said Twp not included within tho bounder? line* o: the NW1NVT of Sec 12 in said Twp according to a survey thereof suspended )y the Commiaaloner of the Genera Land 027ice IT bis letter `S" o: 8/17/85, to the then loca. land officefa of Glenwood Springa, Colorado, containing 34 acres, the Jame being ileac. as follows: Beg. at the N7.col. of N2 N3 of Sec 12, 173, R 89 W of the .ith PLY; th. alon* the N 1100- of said quarter vection 1400 ft to NU coy.; th. itly along the W line o: Said legal sui:d. 620 ft th. 3'1y 475 -t to Mg oov. of what was 1E},Is'33 of sold Sec. 11 under t former goiernmert survey which was rut;::need ly GcnsrF1 Lam' Office letter "3" dated 8/17/85; th. 3'1y 743 ft; th. 17.11y elon3 the 3 line of said 113,?3- 91U _t to the line of .laid Sec 12, & th. :Ply alongse:.d 'line 133 "t to the place of tog.; all in T 7 d, R 8V U of the .th Dated at Denver, Colorado, Juno g 196 4 By Duns W. Dusan, Attorney General of Colorado. Nsu. TAMER, Assistant Attorney General. Note—This release must be recorded in the office of the clerk and recorder of the county in which the property is situate. 11E11 11111111111111� 1111111111111111111111111111 1 of 1 R 8.00 D 0.00 GARFIELD COUNTY CO NOTICE EXHIBIT E The oil, gas, and minerals (the mineral estate) has been severed from the surface estate in the following land: County of Garfield and State of Colorado, to wit: Lots Nineteen (19), Twenty (20), Twenty -One (21) and Twenty -Four (24) in Section Twelve (12), and Lots Two (2) and Five (5) in Section Thirteen (13), Township Seven (7) South, Range Eighty -Nine (89) West of the Sixth (6th) Principal Meridian, containing 165.78 acres, more or less. by a reservation made by William Walter Gentry in a Warranty Deed dated May 5, 1950, and recorded in Book 250 at Page 271 of the public records of Garfield County. Such mineral estate may include the right to enter and use the property without the surface owner's permission. C.R.S. §10-11-123 (2) (a) and (b). The mineral estate is now owned by the Estate of William W. Gentry, Deceased, Post Office Box 98, Meeker, Colorado 81641. The rights and duties of mineral owners and the consequences of divided ownership as well as the duties of the title insurance agent or title insurance company are covered, in part, by House Bill 1-1088, effective July 1, 2001; being C.R.S. §10-11-123 et sec. REQUEST FOR NOTIFICATION The Estate of William W. Gentry as Mineral Estate Owner requests notification, pursuant to C.R.S. § 24-65.5-101 et seq., concerning impending surface development of the described lands, but not including building permit applications. This request is pursuant to C.R.S. § 24-65.5-101, 102 and 103 and to C.R.S. § 31-23-215. Dated this7-4 A day of Se , 2002. 414k Fran`"' oole , 1377 P.O. Box 98 Meeker, CO 81641 Attorney for the Personal Representative of the Estate of William W. Gentry, Deceased c%/ 511 est • GREG MOZIAN AND ASSOCIATES, INC. Landscape Architecture • Environmental Planning May 19, 2014 Garfield County Community Development Attn: David Pesnichak / Senior Planner 108 8's Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Holtze Residence / Aspen Glen Lot Al6 &A1 7 40 & 35 Whispering Water Carbondale, Colorado 81623 Dear Dave, Thank you for your completeness review of the Holtze Aspen Glen Amended Plat application. The following letter and attachments address your list of items to complete: 1. Ownership of the land - see attached special warranty deed. 2. Authorization letter - see attached signed letter. 3. We are requesting a waiver from submittal requirements in accordance with Section 4-202, as there are no codes, covenants or restrictions per Section 5-402(1) that pertain to these properties. 4. Mineral estate owners. Through review of Base File for Filing 1 Aspen Glen and it's the attached receptions, we have found the following names as mineral owners within the subdivision of Aspen Glen: Leonis P. Chuc, Mary Lu F. Seeburg, Caesar J. Chuc, Lillian!. Coryell, Perry C. Coryell, Perry L Coryell, Neil S. Mincer, Erven T. Larson, William Walter Gentry, Joseph Mclarning, James H. Chase, Charles C. Chase, and TM Sanders. In searching the Internet, it appears that the majority of these owners are deceased. The Garfield County assesor's office shows that the estate of Neil Mincer can be reached at P.O. Box 850, Glenwood Springs, CO 81602. One Perry L. Coryell and Erven T. Larson were found in other states, but were unable to be verified as the same individuals as these documents. 5. We are requesting a waiver from submittal requirements in accordance with Section 4-202, as there are no Improvements Agreements per Section 4-203(K) that pertain to these properties. We appreciate your review of our application. Please let us know if there is any additional information that is needed for finalization. Sincerely, Greg Mozian President / Greg Mozian & Associates Mailing Address: P.O. Box 1549, Basalt, Colorado 81621 Office Locations: 117 South Spring Street, 2nd Floor, Aspen, Colorado 81611 and208 Midland Avenue, 2"d Floor, Basalt, Colorado 81621 Telephone (970) 927-2194 / Fax (970) 927-2197 40\4 ■ GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning March 24, 2014 Re: Holtze Residence / Aspen Glen lot A16 & A17 40 & 35 Whispering Water Carbondale, Colorado 81623 "co Whom It May Concern: Let it be known, that we, Steve and Elizabeth Holtze authorize Greg Mozian and Associates to be our representatives in the amended final plat application to Garfield County for our lots A-16 and A-17 in Aspen Glen, also known as parcel numbers 2393-292-01-016 and 2393-292-01-017. Thank you. ,I I 7 1-I Steven Holtze 111 / Steve, of v e Elizabetl • . Holtze _ i_o/y,.o..y 444, • eLi�wth Azietan4.4 /St O-Q/tf" 45>ri.deA, /f/p- tine "1 GE"..444, 30 ..4, 1— / ../!. / A_/o., l /y/-r-.d.'.y�..oI 47 //4 ,-mac.-',fir` 17)e a.Q a e%I_4a4,.e,fo;4-Xe6,/K, .C.4K rs-t.,,24,/42'Ige, ,70/.0..,Q, 88 44, /✓'K.err .d%- A --714.4.7 Aia/e,,,,zo/y/-4.gnIy4j ,e,.¢t%✓L�,1.'a.wee. 2�°«0,,Ed_ /ir./°.. /e; ALA ,f.'9/0. //, /J-//6 .4 r, /7 %"/ .e��f, 8'r u/.'/ C /✓ efict p..t_ actv_s _ v1,1a...„84-....r.r-ra-, s,J�+'f; , '7X4/>/ X '* TalIo 4_,,,,J,,e1 6. N, 4.14,#c ,:u„0/ y,e' d4.(2,„ /40. u Lar%.° toa.em...;; ry_ ut,P°Ca� , _+- r, /t/ K- ae,1C. YV.r�9x I,/ dae, t �...,'al._ a (..6.em,...�.°: �' .�/�/,A /<.yr(6't 0-- y,...,.Mt�-/ YO ,,aJ/lJ°'— r°rV %'Io 4, ,, J, ,ry-•- /,foo= /7a GYaa &rf*,- /,v oa, .0 r /L(O-/-� `°.�,.�� " L,...� Ltie (/w,..a ,.,•/yy. a.,Cpf%�-a,.... /a..._A. 40-.C./i-/° p--`.. //+.._ Q.ri9 m r -aa 4e. Ca ee-4 a R_ ,4.Oe..s_a. 1 / T 0lf ;c...a / 0 a edK. a.e tot/ a.�v-.,.v_ C'i.,..�.a.�, r: /On,.s 1:.111d'% ea.. ,lo�a,...o 7 li/a.f.sCi(., -..n�r-r•T/a first r q 4-r �'`„i s° Pa.e ,G 2 n . A../ rte/ /�p� Aaa C lra4e ae / %� 14 Warranty Deed 'Joint tenants 1?2106 2'' .. .. D. No. .. , Gran rent}yliam Walter Gentry also known 0; WSiliavi: Grantee AApugust' T. Zar anella -and Tony F_.Zancanella Date Deed'9y, 5' .9SUCon"sideiation$10 .00 ti .Rev. $4.50. .. Acknowledged Nay 5,1950 bet._ Robert EA./bite N.P. Rio Dlanee C®unty,Colo. Description Conveys -here joint tenancy clause - .Lots 1y,20•,z1 and -21'Yn ctLou 12,sud Lots ..j �'2-and--5-i•, A,...r. on 13 Tp 7 5 R 89 W 6th P_.M.= oontaining 165.78 acres ,nor e or less. Except .hove;er that Grantor herein' reserves all oil, gas and- -�. otner minerals -round lex, e—', _. abeve deae-i4bed--land. - - `. Doc .#176326 Ella J. Chase To Elmer eair WARRANTY DEED Dated June 12, 1948. Ack. June 12, 1948 before d Dorothy M. Cowles, N. P., Garfield Co. Colo. Consideration 01.00 I. R. g. 09.60 .-- r- ,-- ConveysLots 2 and 3 of Sec. lqnq Lots 3 and 4 of Sec. 7, Tp. 7, b., R. dd] W., 6th P. M., and(Lots 11; 17 and 8 of Sec. 12, Tp. 7, S., R. 89 W. , 6th P. and a lso a parcel of land containing. 1i acres, more or less, being the real property conveyed by Joseph McLarning to James H. Chase and Charles C. Chase, by warranty deed dated January 23. 1904, appearing of record in the office of the Clerk and Recorder of Garfield County, Colorado; as Document No. 28929, in book 61 at Note 389 thereof, less those portions of said land h eretofore conveyed out, and subject tol'any and all visible easements and rights of way of a- public and private nature, _also any and all i'Mpriovethents- situate upon t he lands -above d scribed. (Also, Lots 6 and 7 'Of' Sec. 1F', Tp. '7, S., R. 886W., 6th P1 M., subject to any and all visible easements and rights of w ay .of a Public Land'pr vats nature. Also, any and -all impoovements situate upon the lands above described. Also that part of NEtNEt'of_Spe. 12, Tp. 7 S., R. 89 W., 6th P. M., according to a government survey known as the Cutshaw Survey of s aid Tp. Da: included within the boundary lines of the NANEt7of Sec. 12_171. said township according to a survey thereof suspended by the 2mtm Commissioner of the General Land Office by his letter "E" of August 17, 1885, to the then -local land officers of Glenwood Springs, Colorado, containing 34 acres, the same being described as follows: Beginning at the NE corner of NEtNEt of Section 12, Tp. 7, S.; R. 89 W., 6th P. M., thence along the North line of said quarter section 1400 feet tk to NW corner, thence Southerly alontai the West line of said 'legal subdivision 620 feet, thence Easterly 471 feet to. 4 corner of what was NEtNEt of said Sec. 12 under a former government survey which was suspended by General Land Offioe- letter "E" dated August 17, 1885, thence .Southerly /40 feet, thence Easterly . along the South line of said NEtNEt 910 feet to the East line of said Sec. 12, and thence Northerly along said East -line-13Z feet to..the place of beginnihg. Also any and all r eversionary interests Eich the v endor might become entitled .by reason of relinquithment or abandonment of any or :all easements and rights of waymakt naming t hrough the lands above described or any part thereof. ''''' .Also,- 150 - shares- of.s..tock. in The. Qlenvaaa0 Irrigation Company, evidenced b y Certificate No. 16, for 100 shares and by Certificate No. 62 for 50 thetas. There is hereby expre-ssly- reserved--u-nto- the said party . of t he firat part, grantor herein, tan undivided 1/50 of all oil and gas lying in and under the „ lands herein described, subject to any and all outstanding leases covering oil 'and gas or either of them in and under said premises. Except the general taxes levied and assessed against saidproperty for the year 1948, due and payable in theyear 1949,. all of which the, party of the second part, grantee herein, assumes and agrees to pay. ' Filed for record June 12T-1931 at .3:45 :._14.,. in bQA1c....258,Pgge 594 0:1111;•-.po.1,, ; • , .• •." 1”;; : cm:AK.? ,) t+- liiailvr record tha.5,,y� �G.f./ uf..V©�: A t, IY J�.._RYCl' % y %I big 1 11� reb,Mede this 5th day of December 3n the year of our Lord one thousand nirw hundred and fifty-eight between LEON -I5 P. CHUG of the County of Garfield and State of Colorado, of the 6r,t part, and of the County of Cook MARY LU F. Sa'EBURG Illinois , and State ofd, of the second part: Wltneeeeth, That the said part y of the first part, for and in consideration of the sum of Tan lo111ars and other good and valuable considerations SIUNgefelg, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do ed grant, bargain, sell, convey and confirm unto the said part y of the second Part. her heirs and assigns forever, all the following described Iota or parcel a of land, situate, lying and being in the County of Garfield e. , and State of Colorado, to -wit: t PARCEL NO. 1t Lots numbered Four (11), Five (5), Six (6), Seven (7), Ten (10) and Eleven (11), in Section Twenty (20) and r11 that portion of Lots numbered Eight (8), Nine (9) and Thirteen (13) in Section Twenty (20), situate on the Easterly aide of the center of the Roaring Fork River, all in Tchenship Seven (7) South, Range Eighty- eight (88) West of the Sixth Principal Meridian, together wi th all the is•,prove- mants thereon; also an undivided one-half (i) interest in and to the Crane and Peeblea Oitcr, and one-half (i) of the water decreed to said ditch, from the Roaring Fork River, by the lei stric t Court of Garfield County, Colorado, alae the Peebles waste water ditch, and any and all other water rights belonging to, need upon or in correction with the above described land. Topetber .ith al/ improvements situa�e thereon. P.teCEL N0. 2: A tract of land situated in Lot Twelve (12), Section Twenty (2U), Towr hip 7 South, Range 83 west of the bth Principal Meridian and mare fully described as follows, to -wit! Beginning at the Northwest Corner of said Lot 12; thence South 1'32' West 119.3 feet along the feet lino of said Lot 12; thence South .89'52' East 299.88 feet; thence North 133'21' East 16.3 feet; thence North 13°31' East 913.1 feet; thence North 89°14i' East 112.0 feet; thence North 11°51.' West 17.75 feat to the North line of said lot 12; thence Went 438.2 feet along the ,North line of said Lot 12 to the point of beginning, containing 0.95 of an acre, more or less. PAN.CEL NO. 31 The N?}NWAI and jots •19 and 20 in Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian,. containing 123.81 acres. PARCEL N0. lit A tract of lance situated in Lot 1, Section 20, Township 7 south, Ranee o8 West of the Sixth Principal Meridian and being more ful.iy descrioed as follc,et beginning at the Southeast Corner of said Lot 1; thence West 206.06 feet along the South line pt said Lt 1; ,thence N. b2°12' E, 170.83 feat to the south- - easteriy line of the BaaTer and Rio Grande eeetern Railroad; thence 8. 35'27' 2� 913071 Vest along the eoutiassterly line of said railroad to it intereectiey with tha Etat Line of 'seated Lot, 1; thence South 2.117 feat along the F,ast liter of said Lot 1 tp the point of beginning, containing 0.19 of an acre, more or less. li ?rem the above conveyance of PARCELS. NO. 1, 2, 3 and 4, there ie hereby excepted avid • reserved to the party of the first part, his hairs devtsses and assigna, the follexingt' A. All that part of Leta 1, !i, 5 aria the NFritisi , Sec. 20, Tp. 1 S., R. 88'W, 6th P.M , described as followat Beginning at. the 'Northwest. Corner of aaid Lot 14; thanes E, 1h1+,9L root along the N. ling of aaio Lot it; thence e, 75'2' 13u^ ,r1., 213,9. Peat; Page 161;. thence, .N. 62'13+ E. -2.80.i.15 feet tc the soutewester'y right -of -w -T line of the lienver & Rio Grande Western Railroad; thence 5 35.27' E. 9h,71 feet along said right -of -waxy line to the E. line of said Lot 1; thence N. 86.21 feet .along the E. line of seed Lot 1 and•said right - of -way line; thence S. 35°27' E. 595.hh •fnet along said right-of-way line; thence S. 61'08' t1 297.I0 feet; thence N. 35'i0' W. 107.50 feet; thence N. 30°37' W. 153.30 feet; thence N. L3405' W. 62.30 feet; thence N. 61.06' W. 53.8u feat; thence N. 68'05' W. 37.10 feet; thence S. 13°23' W. 37.90 feet;. thence S. 62`11' W. 99.500 feat; thecce S. 711"35' W. 30.00 feet; thence S. 89'38' W. 88.90 feet; thence N. R7'1.L' W. 103.70 feet; thence S. 83°36' W. 47.50 feet; thence S. 82°52' W. 84.22 feet to the lf. line of said Lot l,; hence N. 3211.61 feet along the W. line of said Lot h to the point ,of beginning. Containing 7.09 acres, more or less. B. An undivided 1/20th interest in and to the half interest in the. ditch and Mater rights in the Crane and Peebles Ditch hareinabove described. C. An undivided Ane -fourth interest' in and to all oil., gas, hydro -carbon's and minerals of every kind and nature in, on or under said lard s, together with the right to enter upon eaid lands and explore, drill, 'nine and produce, upon payment to the caner of the surface, for all damages occasioned in connection therewith, any of said above described substances. D. All the lanes t'escrioed in that certain fruit Claim Deer? from Leonia P. Chur to Richar,' C.' Martin and Wilra S. Martin, recorded as re.c. 1 o. 202536, in Book 310 ,at Pa,'e 131, in the records in tre office of the C;.erk and hecorder of Garfield C; :nty, Colorado. Together With all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversioris, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, 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 said premises above bargained and described, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the eaid pan y of the first part, for himself and for his heirs, executors and administrators, do es covenant, grant, bargain and agree to and with the said part y of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents he is Kell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, m fee simple, and he s good right, full power and lawfui authority to grant, bcrgain, sell and convey the sante, in manner and form aforesaid, aad that the name are free and clear from all former and other grants, bargains, sales, liens, taxes, asseeaments and incumbrances of whatever kind ar nature soever; except general taxes for /958 payable in 1959, which shall be pro -rated to the date of this instrument, and except reservations in United States Patents and except lands occupied by railroads, highways and ditches, or r_ght y-of-e,ty s.} at'o: f 1 F 'j� ii 3 and the above bargained premises, in the quiet and peaceable possession of the said part y of the second part, her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will Warrant and Forever Defend. In Witness Whereof, The said part y of the first part ha s hereunto set his hand •and seal the day and year first shove written. Signed, Sealed and Delivered in Presence oft I STATE OF COLORADO, County of OARF'TE. ID acknowledged before me this 19 58 ,by LEONIS P. CHUG Witness my hand and official seal. My commission expires as. The foregoing instrument was th day of December July 29, 1%].. Notary Public. •if arias in official or trvrs.sataUra a.p.e,tr. Iowrt Duns and also oakt or e.pd4 sad for lobo.. *etas. fj 1 Il far - 4 ti ook6 3 3 Accorded at .. , 3;.51.. _o'clock _ P m.. •;Pabt,57O e. c , !Reception No.21-5212 _....._.....C.haa...... 5,...1tee; ail - SPEED, r.,.Made dila 25th day or September la the year or our i.ord one thousand nine hundred and flinty -one Ibotwe4nt is • aetiar J. Chuc - - - f\Colorado, of thii first part, and - -Mary Lu F. Seeburg - - - County of Garfield and Stat. rj County of Cook 'Recorder. and State oft•. oal, of the second part .WITNESSETH, That the nail part y of the first part, for and In consideration of the aunt of - - - Ten Dollars and other good and sufficient considerations --uoalsxa5, fi to the said part y nt thv ', r.+t p: r_t to hand paid by the said par! y of th.• tw and part. the help; whereof la hereby confessed and atknowi•_dged. ha S granted. bargained. sold and conveyed, and by those presents does grant, bargain, sell. eonvey and cooflrm, unto the said part y of the ,,n'ond part her heirs and assigns forever, all the following described lot S or parcel S of land. vituate. lying and being In the County of Ga rfie Id and Stats of Colorado, to.wtt Lots Twelve (1Z) and Sixteen (le•) in Section 20, and Lots Two (2) and Three (3) in Section 29, all in Township 7 South, Range 88 West of the Sixth Principal Me ridian, excepting therefrom however 95/200 of an acre more or less heretofore conveyed and fully described in that certain warranty deed recorded in the office of the Clerk and Recorder of Garfield County, Colorado, as Document No. 174213, in Book 255 at Page 272 of said records. Together with all ditch and water rights appertaining to or used in connection with the above described lands and more particularly, but without limitation upon the foregoing, an undivided one-half interest in and to the Crane and Peebles Ditch, the same being Ditch No. BZBA, in the decrees of the District Court of Garfield County, Colorado, in and for Water District No. 38, with an undivided one-half interest in and to Priority No. 133CA for 6.4 cubic feet of water per second of time, and in and to Priority No. Z95 for 5.6 cubic feet of water persecond of time, which Priorities were awarded said ditch under the decrees aforesaid, Also all of J. F. Smithb and Blanche T. Smith's rights to the "Smith Spring". Excepting from the above described lands rights-of-way for road, highway, ditches and except a 100 foot strip heretofore conveyed to the Denver and Rio Grande Railroad Co. Together with all improvements situate upon said lands. Excepting and reserving, however, unto the said grantor, his heirs and assigns,1. an undivided one-fourth interest in and to all oil, gas, hydrocarbons and minerals of every kind and nature in, on or under the lands hereby conveyed. together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface for all damages occasioned ',in connection therewith, any of said at,ode deer rifoed substances. "Dicr:Y-4,s: ti• tilk 6 3, 10 11 1. . • 'kms .....•*' r" WSW `.' TOGETHER with all and singular the heredtlameota and appurtenances thereto belonging, or In anywise 'appertaining, and the reversion and reversions, remainder and remainders, rents. Issues and profits thereof; and all the estate, right, title. interest, chitin 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 heredltamenta and appurtenances. 4 Book 33D Pa:.e 571 TO HAVE AND TO HOLD the sold premises above bargained and described. with the appuslenaw-ea. auto the saki Dart y of the wean' part, he r heirs and &Reigns forever. Aod the Bald part y of ;be forst part. for.hirrpetf, his help, executors. and administrators, do es coven&nt, grant, lava++n and agree to and with the said part y of the second part. he r bels and assigns. that at the time .9. ensealing and delivery or these preaenta he in well seised of the vendee' above conveyed. as of Good. Rare perfect, absolute and indeteaalble estate of Inheritance. In law. In tee simple. and be 8 good rlael. :nit poser and lawful authority to grant• bargain, sell and convoy the same In manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Ilene. taxes, asaerntents and encumbrance* of whatever kind or nature **ever, except taxes for the year 1961, due and payable in the year 196Z, which second party, by accepting and recording this deed, agrees to pay. and the above hasgatned premisesa in the quiet and peaceable poss;nalon of the said part y of the second part. her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thei eoi. the said part y of tits first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha 8 hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered In the Presence of STATE 01, COLORADO, (. Conof Garfield. fle. • • stag . • g instrumenttwas was acknowledged before rots thio �. 6 � e �� It D. .N Caesar J. Chuc. 1 essittisa9aa expires r' 'Jr9l� ( /i(GfCASEA1,) (SEAL) (SEAL) day of September, .19 61 . Witness my hand and Oriels' seal. I ce I 717 i Newel 8 f L Book 361 Bxm•ded at 9:44._...o'etoet....A_. If, .w._Qctober....L4......_-1.g6b_,.Page 275 227254 Chas. S. Keegan Reeordar. Reception No - THIS DEW, Made this 12th day of October in the year of car j ar•4 one th inland Alan hundred and sixty -f our betwew T. M. SANDERS of t1�»��(�� County of Orange and State of f8t14ti Vi,,�tpart, and NEIL S. MINCER and ERVEN T. LARSON of eM GNAW of Garf ie ldand State of Colorado, of the second part: WinaMOSIITH, That Or said party of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, =MX to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof Is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents does treat, bargain, sell, roam and confirm, unto the said part ie Sof the second part, t heir heirs and assigns forever, all the following described lotS or parcel S of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 6, 7, 8 and 9 of Section 7; Tp. 7 S., R. 88 W. of the 6th P.M.; Lot 31 of Section l and Lots 1 and 10 of Section 12, Tp. 7 S., R. 89 West of the 6th P.M. Lots 3 and 4 in Section 7 and Lots 2, 3, 6 and 7 in '.'ctiun lb; Tp. 7 SRange 88 W. of the 6th P.M. and Lots 11, 17 and l.' in Sec- tion 12,. 1Tp. 7 S., R. 89 W. of the 6th P.M., except an undivided 1/50 of all oil and gas lying in and under said lands previously to-) served in Document No. 176326, in Book 258 at Page 594 of the Gar- field Comity Records. All that portion of Lot 5 in Section 7, Lot 1 in Section 18 and Lot 5 in Section 17,Tp. 7 S., R. 88 West of the 6th P.M. situate South and Wtst of a line.beginning at a point on the East line of said Lot 5 in said Section 17, South 61.2t East 927.45 feet from the Witness corner common to Sections 7, 8, 17 and 18 in said Township and Range; thence North 61°21 West 927.45 feet; thence North 47.5t West 631 feet; thence North 63.401 West 138 feet; thence North 8615' West 403 feet, and thence North 130 West to the North line of said Lot 5 in said Section 7. Excepting all those portions of the above-described lands pre- viously conveyed by deeds recorded as Document No. 28929 in Book 61 at Page 389, Document No. 30018 in Book 64 at Page 31, Document No. 37559 in Book 79 at Page 100, Document No. 161436 in Book 221 at Page 374, Document No. 161654 in Book 226 at Page 255, Document No. 161828 in Book 229 at Page 541, and Document No. 225543 in Book 358 at Page 91. Together with all water and water rights, ditches and ditch rights appurtenant to, used upon or in connection with any and all of the above-described lands and particularly, but not limited to, all of the Grantor's right, title and interest in the Staton ditch, its enlargements and extensions and water priorities and water rights Also, the Louis Walker spring and all rights granted in said spring by Document No. 41194 in Book 80 at Page 243 of the Garfield County records, and all water and water rights represented by 228 shares of the capital stock of the Glenwood Irrigation Company. Together with all reversionary rights or interests to which the first party might become entitled by reason of relinquishment or abandonment of any and all easements or rights-of-way runningthrough the lands above described, or any part thereof. Subject to all oil and gas leases now in effect pertaining to any of the lands above described. There is reserved by the grantor an undivided one-half of all minerals, including oil and gas, in, under and upon the lands above described, together with the right to prospect for, mine and remove the same. Together with all grazing rights used upon or in connection with the lands above described, and particularly 99 shares of the capital stock of the North Thompson -Four Mile Mineral and Land Cor- poration and a 76 -head cattle -grazing permit on the White River National Forest. Subject to any and all existing easements of record. 11 Book 361 Page 276 TOGETHER with all and singular the hereditament, and appurtenances thereto bleoging, or In anywise appertaining, and the reversion Lod revenions, remainder and ressindere, rents, issues and and prof is thereof; and all the anM e estate, right, title, tnteteet, elaim and demand whatsoever of the said party or equity, of, in sad to the above bargained premises, with the hereditaments and appurtenances. No. ddd. WARRANTY OIID—rn Motnnpb Resort —nndre dWobls w P+ienea nomnar. tBZAer Bort Mod, Dann Pwn.e TO HAVE AND TO HOLD the asid premises above bargained and described, with the appurtenant:. , onto the said pert *es of the sewed part,theirhelrs and assi8m forever. Aad the said party of tbs first part, for • t NWf his heirs, executors. and administrators, do es covenant, `rant, bargain and agree to and with the said Parties of the woad part, their heirs and assigns, that at the time of Dos enseal1ng aa4 delivery of these precentor?) is wall seised of the premises above convoyed, as of good, sore, perfect, absolute and indefeasible estate of inheritance, in law, in foe simple, end hag good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, solea, lions, taxes, sasesements and encumbrances of whatever kind or nature `ower. and the above bargained premises is the quiet sad psaosabie posstaaios of the said peril es of the second part, t he i r heir' and assigns against all and every person or persons lawfully claiming or to claim the wbola or any part thereof, the said pfrty of the firer part shall and win WARRANT AND FOREVER DEFEND: IN WTTNES8 WHEREOF, tba said party of the firer part has hereunto set his hand and seal the day and year first above writtoon. Signed. Sealed and Delivered In the Presence of [SEAL] T. M. Sanders �_...»... ...» .... [BEAL] • _.. »..... ».» .�.. — _[SEAL] STATE OB COLORADO, j Coma, of Garfield , ee The foigotas ketrnmeat was aakaowiadgad Isadore se this 112t h day of Oc t ob e r 71.11r'Q*'._;Iit_ T. M. SANDERS. r,}nsa February , 068 . W1taeee wry hand sad official seal. rt Y , k `hili cCt + ii1 a t4M...7..P._...._ __.. br e6L 0 9 z Mincer cr,d Larson Recorded at. ... Reception No. . o'clock . M....... e THIS DEED, Made this 16th No. in the year of our Lord one thousand nine hundred and Doc.#22dO37 NEIL S. MINCER and ERVEN T. LARSCN i of the County etGarfield 1 of the first part, and and State el Colorado, i i T. M. SANDERS I County of Orange and State of lifornia WITNESSETH, That the said parties of the first part, for and In consideration of the sum of Ten Dollars and other good and valuable considerations, to the said parties of the first part in hand paid by the Bald part y of the second part, the receipt of h hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT CLAIMF,D, and by . i these presents do remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, his heirs, successors and assigns forever, all the right, title, interest, claim and demand which the said 1 parties of the first part have in and to the following described royalty interest in lands • situate, lying and being in the County of Garfield and State of Colorado, to -wit; A six and one-fourth(6i%) in perpet- uity and to be delivered and paidtograntee, his royaltyheirspor• pet- assigns, free of costs of production, from and out of all the oil, gas and other minerals produced and saved from the following de- scribed lands to -wit: Lots 6 3 8 and y of Section 7, Tp. 7 S., R. 88 W. of the 6th P.M.• Lot 31 of Section 1 and Lots 1 and 10 of Section 12, Tp. 7 S., R. A9 West of the 6th P.M. Lots 3 and 4 in Section 7 and Lots 2, 33 6 and 7 in Section 18,E Tp. 7 S., Range 88 W. of the 6th P.M. and Lots 11, 17 and 18 in Sec - 1 t on 12, Tp. 7 S., R. 89 W. of the 6th P.M., except an undivided 1/50 of all oil and gas lying in and under said lands previously re- )grved in Document No. 176326, in Book 258 at Page 594 of the Gar- tte lI County Records. All that portion of Lot 5 in Section 7 Lot 1 in Section 113 and Lot 5'in Section 17, Tp. 7 S., R. 88 West of the 6th P.M. situate ' South and West of a line beginning at a point on the East line of said Lot 5 in said Section 17 South 61.21 East 927.45 feet from the Witness corner common to Sections 7, 8, 17 and 18 in said Township Wc'sYRn7,oF,'ht:nt,\uttit 1',1 h,•,t 1274., feet; thence North 4715 feet: thence North 63'16t Wrest 136 feet; thence Nort .•,• 1 ;t Wel I'', 'vet. and thence hnrili 1.0 West to the North lint .,t said Int i' .aid '. tit't • Recorder, day of December sixty-four heta•eon of the of the second part, 1'ee1.1 int; ,t 1 I t 1uf5t p t ul t he tbnre-desr-r 1 bed 1.1'1ds pre- iouslc cunv':yed by Heeds re,:orde,t as Document No. 2ti9Ju in Hook rel At Page 3s0, Document No. .11•. 11+ in Book n1 at Pare 31, Document No. 3":i59 in Book 7'f 41 Pa)•t' 10u, Document No. 1n14Ao in Bot.F, 2.:1 at P.tge A-4, Document \o. 161(154 in Hook 22n at Page 255, Document No. 161821; in Book 229 at Page 541, and Document No. 225543 in Book 358 at Page 91. iu 11 a%I. ,1?11 ftl Huth the wile, wig. ink, *.in ..i uiJ amgulai thr 4 IU'tci.a.., .. u.n: Vnnitg -rue:. longing or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whalaoever, of the aid part ies of the first part, either in law or equity, to the only proper use, benefit and bebop( of th sun part y of the second part, his hoirs and assigns forever, IN WITNESS WHEREOF, The said pard es of the flint part have hereunto set t heir hands and seal S the day and year first above written, Signed, Sealed and Delivered In the Presence of 1 STATE OF COLORADO, j County of Garfieldrss, %gad .. -.27. a.—t_,..,ISEALI (//�Y/X _../..G(.)Gii ! 11e1... [SEALI .. .__. __...._.___ _.. (SEAL) 'h.- f..i a ▪ 't'ument WAY acknowledged before me this 16th A t..iirty: ;`w. NEIL S. MINCER and ERVEN T. LARSON We' •' • e' r• February n , lD 68. whims my hand and official seal. Pt !SEAL] day of December l�"`...tf Nrlaq Public, Filed for record December 17, 1964 at 3:27 o'clock and recorded in Book 362 at page 445 thereof. •'by'hLar ionnrpannn bora Insert nam.' or name*: If by Derma amine In renreaentsilve or official Capacity 1 as llpeeofwiecorlui0rlisrtrrfcerCirni,i1tnraoration. then imer[l9eub r sos. aa preenorother officers Corpoaiion, ist. Mlntslory Aeaor'14aua, safes nil. 1 No, 933. QUIT CLAIM DECD--TLe UndforlaRobin000 Pia. Co.. Mfn. Rublawn'r turd sol,. nth Mout 61, Denver, Colo - eMe Rectrded 5.j......1965 Book 3 63 Reception No..228221 Chas �� Deegan Recorder. Page 33 '�E1I8 DEED, Made this 30th day of December in the year of our Lord one thousand nine hundred and Sixty-four between LILLIAN I. CORYELL, PERRY C. CORYELL and PERRY L. CORYELL of the County of Garfield and State of Colorado, of the first part, and NEIL S. MINCER and ERVEN T. LARSON of the County of Garfield and State of Colorado, of the second part: WITNESSETII, That the laid party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, szerxxirmsx to the said party °f the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and cnnyeyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lots or parcel8 of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: FILING STAMP All of Lots numbered 12 and 13 in Section 28, Township 7 South, Range 88 West of the 6th P.M. excepting those portions conveyed out by the following Documents as recorded in the Garfield County records, to -wit: Document No. 35201, recorded in Book 75 at Page 123; Document No. 168799, recorded in Book 243 at Page 391; Document No. 226000, recorded in Book 359 at Page 7. All of Lots numbered 1, 8, 9, 10 and 11 in Section 29, Township 7 South, Range 88 West of the 6th P. M. excepting that portion of said Lot 8 conveyed out by Document No. 27427, recorded in Book 61 at Page 5 of the Garfield County records. All of that portion of Lots 12, 13 and 19 of Section 29, Township 7 South, Range 88 West of the 6th P, M. lying Northerly and Easterly of the following - described line: Beginning at a point whence the Quarter Corner between said sections 28 and 29 bears N. 11°16'45" W. 2401.69 feet; thence 8, 89°44' W. 401.35 feet; thence S. 86°30' W. 156, 73 feet; thence N. 70°03' W. 114,48 feet to a point on the Southerly line of said Lot 19; thence N. 70°03' W. 409.79 feet; thence N. 70°30' W. 354. 28 feet; thence N. 69°10' W. 188.49 feet; thence 5, 28°56' W. 305.48 feet; thence S. 29°10' W, 66.09 feet to a point on the Southerly line of said Lot 19; thence West 291.29 feet along the Southerly line of said Lot 19; thence N. 11°04' E. 308.80 feet; thence N. 14°00' W. 306.64 feet; thence N. 54°10' W. 258, 35 feet; thence N. 66°09' W. 397.79 feet; thence N. 45°18' W. 884.34 feet; thence N. 71035'30" W. 277.32 feet; thence N. 44°21' W. 273.84 feet; thence N. 39°08' W. 214.11 feet to a point on the Westerly line of said Lot 13. Together with all improvements thereon and all ditch and ditch rights. water and water rights used upon or in connection with all of the above-described lands, including all ditch and water rights in the Kaiser and Seivers Ditch and in the Southard and Cavanaugh Ditch. Also, together with all grazing rights used upon or in connection with the lands above described, and particularly 100 shares of the capital stock of The North Thompson -Four Mile Mineral and Land Corporation, and a 38-AUM grazing permit for ten years commencing July 1, 1956 with the Bureau of Land Management in the North Thompson area. This conveyance is subject to all existing easements and rights-of-way for roads, ditches and utility lines across said lands, or any portion thereof'. Also this conveyance is subject to that certain Oil and Gas Lease dated November 15, 1961 and recorded in Book 339 at Page 445 of the Garfield County records. The grantors hereby reserve unto themselves, their heirs and assigns, in perpetuity, a seven per cent (7%) royalty from and out of all of the oil, .gas and other minerals produced and saved from said lands, said royalty to be delivered and paid to the grantors, their heirs or assigns, free of costs of production. The said Lillian 1. Coryell hereby reserves to herself, and to her heirs and assigns, an easement or right-of-way in common with the above-named grantees, their heirs and assigns, over and along the roadway now in use between the county road and across said Lots 12 and 13 in said Section 28 to the land of the said Lillian I. Coryell described as Lot 25 in said Section 28. look 363 gage 34 TOGETHER with all and singular the hereditamen s and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the 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 HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Said party of the second part, bis heirs and assigns forever. And the Bald party of the first part, for himself, his heirs, execatore, 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 ensealing and delivery of these presents, be 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 same in manner and form as aforesaid, and that the same aro free and clear from all former and other grants, bargains, sates, liens, taxes, assessments and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet end peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any pad thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall Include the plural, the plural the singular, and the use of soy gender shall be applicable to all genders. IN WITNESS WHEREOF, the sold party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF' COLORADO County of Garfield )55. �9EAL] /(SEAL] -S/,..[SEAL] The, prgreilpg instrument was acknowledged before me this 30th • A•:� I6r4t.i:kr, jfLLIAN I. CORYELL. PERRY C, CORYELL and PERRY L. CORYELL, r , bEX1A filiSiKrikviles . February 6 4>-••- y t• i; ' •,,,t .0F^!,G OV- • day of December , to 68 a Witness my hand and official see!. trct.rr Fabism No. 932A. WARRANT DEEM—lee Peeteyr.etdt a.eerd.—U,sdford•Rabin.on P4. Co. t624444 stout at, Deaver. Cotor.do 848978 05/08/2014 02:59:26 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED THIS DEED Is dated the 9 day of April, 2014, and Is made between (whether one, or more than one), Steve Holtze the "Grantor" of the County of Denver and State of Colorado and Elizabeth A. Holtz° and H. Stevens Holtz°, III, as Joint Tenants (whether oney‘or more than one), the 17.-rp "Grantee`, whose Iygai address is 330 Gilpin Street, Denver, CO 80218 of the 1/' County of te, .r and State of r_O oradt.o . WITNESS, that the Grantor, for and in consideration of the sum of () the receipt and sufficiency of which Is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real properly, together with any Improvements thereon, located In the County of Garfield and State of Colorado described as follows: Lot A17 Aspen Glen, Filing No.1 According to the Plat thereof recorded April 6, 1995 as Reception No. 476330 County of Garfield State of Colorado also known by street address as: 35 Whispering Water, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, Balm and demand whatsoever of the Grantor, either In law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs end assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not -any ad/olning vacated street or alley, if any, In the quiet end peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: All exceptions of record • IN WITNESS WHE • EOF, the Grantor has executed this deed on (he date set forth above. Steve Holthe State of Colorado County of The foregoing instrument was acknowledged before me this a-9 day of April, 2014 by Steve Holtze. MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO NOTetay � , ' , ..n may 22, 20 t7 Witness my hand and official sea . Notary Pu lic/— - My commission expires: MARYLSCH NOTATB BLIC O�CO ORADO McoatmhaY ID 919974907954 rri PxIme Ma 222917 Stewed Title Fra Number: 01330-30190 Special Warranty Deed STCO Page 1 of 1