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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384 3470 www.garfieid-county.com AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 00 ZS ttJatP.k., pAtws79iz•r "_-1 CAsz$clw). FF = GCS E9J.�2- . Legal Description: 1-c>T 15Z5� CI *_ F( 1,/. 2- , ➢ Subdivision Name: QcN C 5,- ➢ Description of Proposal: k_Zt1-3e_- 'S Z p. -YD k, l -1-0 M(\1, __Cx, t7oG 140r. `t e Lt M 1 N a T 1 tJ F z- -lb--)E 57aI_ e at --1 it -4 E Tim LQ --C, A b C6v t 1--D (tv4a e n1� C: wPC . IQ k---1 151. �- Zt" w..„ e v. WAN ➢ Name of Property Owner (Applicant): •,o.J ip�i ►c.tc.. ��� ➢ Address: 28 11.3.o ii:}!-- a i t+.1 iZL s14 Telephone: Ci -lo -764 - t 133 ➢ City: pt e- State: Co Zip Code: 9iI?FAX: 00 -?o -, J4 ➢ Name of Owner's Re resentative, if any (Planner, Attorney, etc): Address: Telephone: D City: State: Zip Code: _ FAX: __,_-__ STAFF USE ONLY Doc. No.: Date Submitted: TC Date: _ D. Planner: Hearing Date: » Zone District: Last Revised: 2/2006 PROCEDURAL REQUIREMENTS A. One of the following 3 procedures shall apply to a request for an Amended or Corrected Plat. 1 . Application for an amendment to a recorded plat may be made, if the amendment a) does not increase the number of subdivision lots or dwelling units, b) results in the major relocation of a road or add new roads, or c) does not result in the relocation of property lines between more than two adjacent properties. An application for an amended plat shall be considered by the Board at a regularly scheduled public meeting. If approved, the amended piat shall comply with plat requirements outlined below (subsection B). 2. An application for an amendment to a plat of an existing subdivision, established prior to County subdivision regulations, that does not have an approved Preliminary Plan to verify the consistency with the proposed amended plat, or that results in the relocation of property lines between more than two (2) adjacent properties, shall be subject to the criteria and public meeting requirements as follows: A. The Board shall not approve an application for an amended plat as mentioned above unless tne applicant has satisfied the following criteria: 1) AH Garfield County zoning requirements will be met; 2) All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; 3) Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; 4) Ail applicable state and local environmental health and safety requirements have been met or are in the process of being met; 5) Provision has been made for any required road or storm drainage improvements; 6) Fire protection has been approved by the appropriate fire district; 7) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and 8) School fees, taxes and special assessments have been paid. B. The Board shall consider the amended plat request at a public hearing. The applicant shall be solely responsible for the publication, posting and mailing of ali notices and shall present proof of publication and mailing at or before the meeting. If proper notice has not occurred, the public hearing will not occur. Notice for the meeting shall be given as follows: (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. (3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). 3. A correction may be made to an approved plat, if the sole purpose is to correct technical errors such as minor surveying errors and drafting errors, and the correction is consistent with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical compliance, the corrected plat shall be brought before the Board at a regularly scheduled public meeting for review and decision. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). B. Upon approval of an Amended or Corrected Plat by the Board. the following plat requirements shall apply: A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield County within ninety (90) days of Board approval. The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. In addition, shall the request require a public hearing, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or corrected plat. 3 The Applicant is required to appear before the Board at the time and date of the public hearing or public meeting at which time the Board will consider the request. Should the request require a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was provided. 4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will provide the Applicant with a follow-up letter outlining the action taken by the Board. II. APPLICATION SUBMITTAL EQUIREMENTS (The following steps outline how an amended or corrected plat application review process works in Garfield County.) The following application submittal requirements shall only be applicable to Procedure 1 nd 3 listed above in the "Procedural Requirements" section of this application. The application for an amended plat or corrected plat shall be submitted with the following: 1 A narrative explanation of the reason for the application. �2. The consent of all land owners involved. Copyof the deed showingownershipof the J parcel(s), or a letter from the property owner(s), if other than the applicant. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee of $100.00 with the application. Provide 2 copy of the Application. Staff will request additional copies once the application has been deemed technically complete. B. For Procedure 2 listed above in the "Procedural Requirements" section of this application, the following supplemental information shall be submitted with the application: 1. Narrative explaining why the amended plat is being requested. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment. The plat shall delineated the fathering and receiving parcel(s) and/or boundary line(s) prior to adjustment, and the parcel(s) or boundary line(s) transferred/relocated following the adjustment. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal. and letter of approval of fire protection plan from appropriate fire district. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee of $100.00 with the application. 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I have read the statements above and have provided the required attached information which is orreand accurate to the best of my knowledge. 4zelzocs.7 Date ignature of applicant/owner) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in fill] prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees. as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 ▪ Planning Commission and Board review S.: hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate ▪ Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ .Plats Final Plats. _Exemption Plats) Mylar Recording Fee $11 — page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: ?kll applications shall be submitted with a signed Agreement for Pay mem form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having, to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. .All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Paue 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTNIEN. AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: .W�e,��� I. APPLICANT has submitted to COUNTY an application for (&,sz►-,[a Le'1'5 l St Jt) (54 A sire (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee; established for the PROJECT, and to thereafter pennit additional costs to be billed to _APPLICANT. 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT u, Date: e (2_E- Z -6-9c13 -7 joy Print Name CIL) tc. Mailing Address: Db ?A t l.n:\ e t tc 2- 3 10/2004 Page 4 Jon P. Warrick 28 Indian Paintbrush Carbondale, Colorado 81623 (970) 704-1133 Warnick1 @comcast.net July 11, 2007 To: Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Sirs: My primary residence is on Lot IS2, Aspen Glen Filing No. 2. Earlier this year, I purchased the adjacent property, Lot IS1, Aspen Glen Filing No. 2 to ensure my privacy and maintain my views. At this time, I would like to combine the two lots into one lot. To do this, I propose eliminating the property boundary between IS 1 and IS2 as well as eliminating the building envelope on IS1. To facilitate this change, I have enclosed two (2) copies of the following: 1. Garfield County Amended and Corrected Plats Application 2. Letter of Approval from the Aspen Glen Design Review Committee 3. Copies of the Warranty Deeds for Lots IS2 and IS1, Aspen Glen Filing 2 4. Drawing by Schmueser Gordon Meyer Engineers and Surveyors depicting IS2 and IS 1 as they are today and how they will be after the combination. Also included is a check for $100 made out to the Garfield County Treasurer as the Base Fee for the Amended Plat. Sincerely, Aspen Glen Homeowner's Association Design Review Committee July 11, 2007 Mr. Jon Warnick 28 Indian Paintbrush Carbondale, CO 81623 Re: Lot Tie Lots IS -01 & IS -02 Dear Jon, This letter is to confirm that the Aspen Glen Design Review Committee has reviewed the proposed plat amendment to tie Lots IS -01/0008 Indian Paintbrush and IS -02/0028 Indian Paintbrush together into one parcel. In addition, the DRC noticed property owners within the vicinity of the project site and no objections have been noted to the proposed adjustment. The Aspen Glen DRC recommends to the Garfield County BOCC approval of the proposed plat amendment as proposed on the Boundary Line Adjustment Plat dated July 2007, job number 96059A-87 and reviewed July 11, 2007. It was represented to the DRC that the building envelope of Lot IS -01 will be eliminated as well as the property boundary between Lots IS -01 and IS -02 with the amended plat. Landscaping for Lot IS -01 will be reviewed by the DRC when the applicant submits a proposed landscape plan. cerely, gSi , Leslie Lamont, Administrator Aspen Glen Design Review Committee PO Box 400 Carbondale, CO 81623 Tel: (970) 963-3362 1 Emall:Ilamont@sopris.net JO o7 /4'3 illi P1 WIAN NI001 I&ritrilt'llif' lnlit OI 111 Reception#: 721644 04/23/2007 01:15:22 PM B:1917 P:0509 Jean Plberico 1 of 2 Rec Fee:$11.00 Doc Fee:22.50 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 19th day of April, 2007, between Hayden Kellam, LLC of the said County of and State of Wyoming, Grantor, and Connie Shivers Wamick Revocable Trust Dated May 25, 1993 and Amended February 16, 2000 and Jon Paul Warrick Revocable Trust Dated May 25, 1992 and Amended February 16, 2000* DF 22.50 RF 11.00 whose legal address is:, 28 Indian Paint Brush Road, Carbondale, CO 81623 of the said County of Garfield and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $225,000.00 ) Two Hundred Twenty 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, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado desotibed.as follows: Lot IS1 l SPE EN, FILING NO. 2, According to the Plat thereof recorded July 15, 1997 as Reception No. 510975. County of Garfield State of Colorado also known by street and number as: 0008 Indian Paintbrush, 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 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 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 See Attached Exhibit 1 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 WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Hayden Kellam, LLC By? % '/ L*/-=- D. Michael Kell , Manager By: MeodyW.Hayd STATE OF COUNTY OF anager ) ss. By 11 Scott A. Haden, Manager SEE ATTACHED NOT AGE The foregoing instrument was acknowledged before me this , day of , , by Hayden Kellam. LLC My commission expires: Witness my hand and official seal. Stewart Title of Colorado -Glenwood Springs Division File Numb n. 20070443 No. 921A - Warranty Dad — To Joint Tenants Page 1 of 2 1i >1. , 6INN 1/u4fN��L },' fl t -t u, ,II d' 61 r i) G, 04:4,1e !'c- 1111 ��1�� 1Y, i«4'1 M«I16RMu Iil hili' ■'■I11T,11 ul 11111 Reception#: 721644 04/23/2007 01:15:22 PM B:1917 P:0510 Jean Rlberico 2 of 2 Rec Fee:$11.00 Doc Fee:22.50 GPRFIELD COUNTY CO STATE OF WYOMING ) )SS. COUNTY OF 1t►d.�►;� ) The foregoing instrument was by CoD. tt MPic ae Kellam, hI riHagear . Hayden, My Commission Expires: 1t0 Ndaey Pu acknowledged before me this ii day of April, 2007 of Hayden Kellam, L and o y W. Hayden and ers of Hayden Ke�(1am, L B STATE OF COLORADO COUNTY OF } SS. OD.J.14 Notary Public The foregoing instrument was acknowledged before me this day of April, 2007 by Scott A. Hadan and Melody W. Hayden, Managers of Hayden Kellan, LLC My Commission Expires: Notary Public Stewart Title of Colorado - Glenwood Springs Division File Number: 2007(443 No. 921 A - Warranty Deed — To Joint Tenants Page 2 of 2 111114,1,E 11)Ait Y.11P,I ci024+C iifi:itRI 11111 Reception#: 721643 04/23/2007 01:15:22 PM B:1917 P:0506 Jean Plberico 1 of 1 Rec Fee:$6.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY (38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Jon Paul Warnick Revocable Trust dated May 25, 1993 and amended February 16, 2000 And is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2. The type of entity is a: Trust 3. The mailing address for the entity is: 28 Indian Paint Brush Road, Carbondale, CO 81623 4. The entity is formed under the laws of: Colorado 5. The name of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Jon P. Warrick 6. The authority of the foregoing person(s) to bind the entity is none Not limited OR Limited as follows: 7. Other matters concerning the manner in which the entity deals with interest in real property: Dated this l q day of-lP471. Col Jon P. Warnick STATE OF • LORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me April 1.9, 2007 by Jon P. Warnick, Trustee WITNESS MY HAND ANP OFFICIAL SEAL. Notary Public My commissi n expires: 503-/e)? MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO , My Commission Expires May 22, 2009 L v-713. Loarvitk 2 Cs a— cAk61( • Cioi, g/(02:3 File Number: 20070443 Stewart Title of Colorado - Glenwood Springs Division Statement of Authority (a 11111:1''.1 i'' i104' M!+, «iiiR rilitIO «I!:I01i:70. 1kul 11111 Reception#: 721642 04/23/2007 01:15:22 PM 8:1917 P:0507 Jean Alberico 1 of 1 Rec Fee:$6.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY (38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Connie Shivers Warnick Revocable Trust Dated May 25, 1993 and Amended February 29, 2000 And is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2. The type of entity is a: Trust 3. The mailing address for the entity is: 28 Indian Paint Brush Road, Carbondale, CO 81623 4. The entity is formed under the laws of: Colorado 5. The name of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Connie S. Warnick 6. The authority of the foregoing person(s) to bind the entity is Not limited OR Limited as follows: None 7. Other matters concerning the manner in which the entity deals with interest in real property: Dated this day of Arri i , . Connie S. Warnick STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me April 19, 2007 by Connie S. Warnick, Trustee. WITNESS MY HAND AND OFFICIAL SEAL. tt. Syt44L)—(Notary Public My commission expires: slaylcs MARY L. SCHEURICFI NOTARY PUBLIC STATE OF COLORADO My Commission Expires May 22, 2009 ecT i aJ\ LCk2 ettqc)cticia4 File Number: 20070443 Stewart Title of Colorado - Glenwood Springs Division Statement of Authority TIMOTHY E. WHITSITT ERIC J. GROSS* CARBONDALE, COLORADO 81623 WHITSITT ( GRASS, P.C. LAWYERS 580 MAIN STREET, SUITE 210 MARTHA C. PICKETT *Also admitted in Massachusetts Jon and Connie Warnick 218 East Valley Road Carbondale, CO 81623 Re: Trust Documents Dear Jon and Connie: May 4, 2000 OF COUNSEL Enclosed please find the original Special Warranty Deeds and Affidavits for Property held in Trust which were recorded in the office of the Clerk and Recorder of Garfield County for your Aspen Glen property. Please keep these in a safe place with all your other important documents. As always, if you have any questions, please feel free to call me. Yours Truly, WHITSITT & GROSS, P.C. By: �--- Eric Gross Enclosures EJG/jh TELEPHONE: (970) 963-6666 FACSIMILE: (970) 963-6667 whitsitt@cdalelaw.com gross@cdalelaw.com mpickett@rmi.org 1 111111 11111 111111 1111 111111 1111 1111111 111 11111 1111 1111 561731 04/07/2000 03:18P 81181 P294 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made thiso('day of March, 2000, between the Connie Shivers Warnick Revocable Trust, Connie Shivers Warnick, Trustee as to an undivided one half interest whose address is 28 Indian Paint Brush Road, Carbondale, CO 81623 ("Grantor") and the Connie S. Warnick Qualified Personal Residence Trust UTA dated March 14, 2000 whose address is 28 Indian Paint Brush Road, Carbondale, CO 81623 ("Grantee"): WITNESSETH, that the said Grantor, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the Grantee, its successors and assigns forever, all of Grantor's interest in the following described real property, situate, lying and being in Garfield County, Colorado, to wit: LOT IS2,' ASPEN GLEN FILING NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1997 AS RECEPTION NO. 510975, GARFIELD COUNTY, STATE OF COLORADO TOGETHER with all its appurtenances, and warrants the title against all persons claiming under Grantor; SUBJECT TO and excepting all real property taxes for 2000, due and payable in 2001, inclusion of the subject property in any special taxing district, building and zoning regulations and those exceptions of public record. IN WITNESS WHEREOF, the Grantor has hereunto caused this Deed to be executed the day and year first above written. STATE OF COLORADO ) ss. COUNTY OF GARFIELD Connie Shivers Warnick Revocable Trust By: Connie Shivers Wamick, Trustee The foregoing was subscribed and sworn to before me this ori day of March, 2000, by Connie Shivers Warnick as trustee of the Connie Shivers Wamick Revocable Trust. Witness my hand and official seal. My commission expires: Warnick/deed2.swd Notary Public "'mission Expires May 13, 2003 i uiiii nisi uiiii ilii iuui ilii iiiiiii iii uiii iui ini 561732 04/07/2000 03:22P B1181 P295 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT FOR PROPERTY HELD IN TRUST STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) THE UNDERSIGNED AFFIANT, being of lawful age, being first duly sworn., depose and state as follows: 1. The Affiant is the sole trustee of the trust named below and has the authority to execute and record this Affidavit. 2. The name of the trust which may acquire, convey, encumber, lease or otherwise deal with any interest in real property is: 3. Connie Shivers Warnick Revocable Trust, Connie Shivers Warnick, Trustee 4. The name and address of the trustee of the trust is as follows: Connie Shivers Warnick - 28 Indian Paint Brush Road, Carbondale, CO 81623 This Affidavit has been executed and recorded pursuant to the provisions of Section 38-30-166, C.R.S. as amended. Connie Shivers Warnick, Trustee The foregoing AFFIDAVIT was subscribed and sworn to before me this a°, day of M412000, by Connie Shivers Warnick, Trustee. Witness my hand and official seal. My commission expires: g 0 WarnickCS\trustaffidav Notary Public i :sion Expires May 13, 2003 1 11111111111111111111111111111111111111 111 1111111111111 561733 04/07/2000 03:29P B1181 P296 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made thisociday of March, 2000, between the Jon Paul Warnick Revocable Trust, Jon Paul Warnick, Trustee as to an undivided one half interest whose address is 28 Indian Paint Brush Road, Carbondale, CO 81623 ("Grantor") and the Jon P. Warnick Qualified Personal Residence Trust UTA dated March 14, 2000, whose address is, 28 Indian Paint Brush Road, Carbondale, CO 81623 ("Grantee"): WITNESSETH, that the said Grantor, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the Grantee, its successors and assigns forever, all of Grantor's interest in the following described real property, situate, lying and being in Garfield County, Colorado, to wit: LOT IS2, ASPEN GLEN FILING NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1997 AS RECEPTION NO. 510975, GARFIELD COUNTY, STATE OF COLORADO TOGETHER with all its appurtenances, and warrants the title against all persons claiming under Grantor; SUBJECT TO and excepting all real property taxes for 2000, due and payable in 2001, inclusion of the subject property in any special taxing district, building and zoning regulations and those exceptions of public record. IN WITNESS WHEREOF, the Grantor has hereunto caused this Deed to be executed the day and year first above written. Jon Paul Warnick Revoc By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) le Trust on Paul arnick, Trustee The foregoing was subscribed and sworn to before me this c day of -March, 20 Paul Warrick as trustee of the Jon Paul Warrick Revocable Trust. Witness my hand and official seal. My commission expires: Warrick /deed.swd DS Notary Public Expires May 13, 2003 YG 51 1111111 11111111111 1111111111111111111111111111111111111 561734 04/07/2000.03:31P B1181 P297 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT FOR PROPERTY HELD IN TRUST STATE OF COLORADO )ss. COUNTY OF GARFIELD ) THE UNDERSIGNED AFFIANT, being of lawful age, being first duly sworn, depose and state as follows: 1. The Affiant is the sole trustee of the trust named below and has the authority to execute and record this Affidavit. 2. The name of the trust which may acquire, convey, encumber, lease or otherwise deal with any interest in real property is: 3. Jon Paul Warnick Revocable Trust, Jon Paul Warnick, Trustee 4. The name and address of the trustee of the trust is as follows: Jon Paul Warnick - 28 Indian Paint Brush Road, Carbondale, CO 81623 This Affidavit has been executed and recorded pursuant to the provisions of Section 38-30-166, C.R.S. as amended. on Pa 1" - 1 Warnick, Trustee The foregoing AFFIDAVIT was subscribed and sworn to before me this ,-,1dj day of c 2000, by Jon Paul Warnick, Trustee. Witness my hand and official seal. My commission expires:03 W amickJP\trust. affidav L 7 Notary Public • • '.r mission Expires May 13, 2003