HomeMy WebLinkAbout1.0 Wells Amended Plat ApplicationI el (970) 920-4009
JOSEPH A. KOWAR
ATTORNEY AND COUNSELOR AT LAW
323 West Main Street Suite 201
Aspen, CO 81611
joe@kowar.com
October 20, 2017
Patrick Waller, Senior Planner
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO
81601
Fax (970) 927-2408
Re: Amended Final Plat Application For Parcel # 239325100150 and 239325100151
Owners: Peter S. & Sondra T. Welles
Dear Mr. Waller,
Enclosed are three copies of the following with an electronic PDF file via email:
1) Application Form signed by both property owners along with the application fee of
$100.
2) Signed Letter of Authorization granting authority to Joseph Kowar to proceed with
the Application.
3) Both Deeds reflecting ownership to both Parcels in the name of Peter S. Welles and
Sondra T. Welles.
4) Title Policy for both parcels issued by Stewart Title Company on September 26,
2017. There are no lien holders on either parcel and we have included the various
relevant Title exception documents referenced in the policies. None of the exceptions
prohibit or create any issues with the application being submitted.
5) Pre -application Conference Summary dated September 25, 2017
6) A list of the property owners within 200 feet of the subject parcels.
7) We did not find any mineral owners listed nor would the application affect any
reserved rights to extract the minerals referenced in the Patent claims reserved to
the United States of America, both documents are included in the attachments to the
Title Policy.
8) We have included a Vicinity Map at 8 ',4" x 11", as required.
9) As both Parcels are already fully improved with approved certificates of occupancy,
we are respectfully requesting a waiver of any Improvements Agreement
requirement.
10) Amended Final Plat prepared by Lines in Space, Marge Palmer, licensed surveyor.
No new nonconforming conditions will result from the proposal to adjust the lot
lines.
WELLES AMENDED FINAL PLAT APPLICATION
11) We note that there was a Special Use Permit granted to place a mobile home on
Parcel 239325100151 but the mobile home has subsequently been removed and
home built instead. We also note that a Land Use Change Permit was granted in
Resolution 2012-53 for Parcel
239325100150 granting the construction of an ADU which has been fully completed
with a Certificate of Occupancy having been issued.
12) Response to Standards in 5-305(c)- The application in adjusting the boundary lines
between the two parcels owned by the applicant will not increase the number of lots,
and does not result in a major relocation of a road or add any new roads.
13) Article 7, Divisions 1,2, and 3 Standards applicability: The application for the
Amended Final Plat will not result in any changes to the drainage, access, utilities,
or any other applicable Subdivision and Article 7 topics. The effect of the
adjustment in the acreage between the two parcels will not alter or adversely affect
the properties in any manner as the only physical adjustment will be the re-
alignment of the fence dividing the two parcels consistent with the adjusted
boundary lines reflected in the Amended Final Plat. Both parcels after the
Amendment will be conforming rural zoned parcels.
If additional information or clarification is needed please contact me at your earliest
convenience.
Very trul yo
(Yilose h Kowa
cc:
Mr. and Mrs. Welles
Tel (970) 920-4009
JOSEPH A. KOWAR
ATTORNEY AND COUNSELOR AT LAW
323 West Main Street Suite 201
Aspen, CO 8i611
joe@kowar.com
lull !ifillority to process theaPPlictlScn throer2H1 wiliov,1I.
t
Mr. Patrick Waller
Garfield County Community Development
108 81I' Street
Suite 401
Glenwood Springs, CO 81601
Re: Amended Final Plat Welles
Dear Mr. Waller,
Fax (970) 927-2408
This letter is signed by the applicants Peter S. and Sondra T. Welles to grant authorization
to Joseph Kowar, Esq. to act upon their behalf in submitting the Amended Final Plat Application
with full authority to process the application through approval.
Very truly your •,
ioseph owar
The Undersigned, Peter S. and Sondra T. Welles, hereby grant full authority to Joseph Kowar to
submit the Amended Final Plat Application and proceed through approval and to act on our
behalf with Power of Attorney.
Alf ]( lt' V`
eters Welles
e,•
Sondra T. Welles
1;1,0 .4. Inn
Garfield County
r� Community�Devlopmr6nt Depar'fnient Well,
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
❑ Minor Subdivision
•
Preliminary Plan Amendment
Major Subdivision,', 2 ,,,i , •,,.,,,, (._: I,, -,,,I
�,, ,.In ,,,
1
o
Final Plat Amendment
❑ Sketch ■ Preliminary • Final
0
Common Interest Community Subdivision
Conservation Subdivision
0
Public/County Road Split Exemption
❑ Yield ❑ Sketch ■ Preliminary ■
Final
•
Rural Land Development Exemption
0 Time Extension
INVOLVED PARTIES
Owner/Applicant
Name: Peter S Welles and,Sondra T. Welles Pnone:470, ) 963-7480
Mailing Address: 5345 County Road 100
City; Carbondale State: CO Zip Code: 81623
E-mail: p`N@mindspring.com
Representative (Authorization Required)
Name: Joseph Kowar Phone: ( 970 ) 920-4009
Mailing Address: 323 W. Main Street Suite 201 - --
City: Aspen State: CO Zip Code: 81611
E-mail: Joe@kowar.com
PROJECT NAME AND LOCATION
Project Name:
Welles Amended Final Plat
Assessor's Parcel Number: 2393 - 25 100 - 150 + 151
Physical/Street Address: 5345 and 5343 County Road 100 Carbondale, CO 81623
Legal Description: See Schedule A to the Title Commitment Policy
Zone District: Rural Property Size (acres): 26 Acres
3C1 o1711
Project. Description - ,:,,.-- :.r., j qf..:t:.: :;.
Existing Use: Single Family Residential on both 5343 and 5345 County Road 100. Both properties are slightly over 13 acres in size.
Proposed Use (From Use
Description of Project:
Table 3-403): No change in use, lot line adjustment only.
The Welles, who own both parcels, desire to remove approximately 6 acres from the 5343 Lot and
increasing the Lot size on the 5345 Lot to almost 20 acres, This adjustment will give them an added buffer and will prevent any
further development closer to their existing homesite. The only change is in the boundary line between the two lots that they own.
'nnlicant rr.^n. •'ir•p.,fl \'Vnivnr of c,iihmiccrinn fin+ftlirninnnt: nor Sri -Jinn 4-7(17. list'
There is no change in any of the driveways nor is there any new driveway being added. The acreage on the 5343 Lot will reduce to
7 acres and meets the minimum 2 acre lot size for the rural zoning,
Proposed Development Area N,,: • :,t.
Land Use Type
# of Lots
# of Units
Acreage
Parking
Single Family
No change
No change
No change
No change
Duplex
Multi -Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section.: Section:
have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
/0/2,2!)?
Signature of Property Ow er Date
T FFIC!AL USE ONLY
File Number: tl \ -1:60__Y \
Fee Paid: $ D o 00
111111111111 1111111 111 11111 1111 111111 111 1 1111 1111 ilii
702386 C17/19/2005 C9:58R BIE322 P6 M PLSOORF
1 of 3 R 16.00 D 139,50 GARFIELC COUNTY CO
WARRANTY DEED
THIS DEED, made this July 14, 2006
Between EDWARD H. COLLUM and CYNTHIA CHARDONNAY
of the County of Garfield, State of CO, Grantor,
AND SONDRA T. WELLES and PETER S. WELLES, Grantee
whose legal address is : 3013 Caves iaxn3, O.rirgs, ND 21117
• 0.),Cy. ranlc ' nis heirs and assigns, that al the time of the ensealing and delivery 01
iof,tI e Countyof, 43 c„: Stateeof•., ..7D , �. ,, i. _ -
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted,
bargained, sold and conveyed. and by these presents does grant, bargain, sell and convey and confirm
unto the Grantee, his heirs and assigns forever, not in tenancy in common but in joint tenancy, with right of
survivorship, all the real property together with improvements, if any, situate and lying and being in the
County of Garfield, State of COLORADO, described as followsr -- - - •
See Attached Exhibit "A"
e! -'
._1
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
.'T appertaining, and the reversion and 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, his heirs
and assigns forever, And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain,
and agree to and with, the Gran tee, his heirs and.assigns,•that at the time of the enseai'sng and delivery of
the presents. he Is wail Seized of the'preinisos above conveyed, has good, sure, perfect, absolute and
Indefeasfble 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 those matters as set forth on Exhibit "6" attached
hereto and Incorporated herein by reference. 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 gender shall be applicable
to all genders.
IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above.
STATE OF1�°14-dam
COUNTY OF �<<
SS
—)
MIA CHARDONNAY
The foregoing instrument was acknowledged before me this 13 day of 1 -Lr -)\--j 2006,
by: EDWARD H. COLLUM and CYNTHIA CHARDONNAY. 1
WITNESS my hand and official seal
my commission expires:
134663L
(e.1- n f7P
Notary Public
800393 03/22/2011 12:06:08 PM Page 1 of 2
,Jean ,Alberico,;„Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $85.00 eRecorded
• rt +-rn;i ,•t,twi is the plum :nnH thr ISI i•i.i
PERSONAL REPRESENTATIVE'S DEED
(Sale)
TI•IIS DEED is made by Judith Kitchen Mattis, as Personal Representative of
the Estate of Lotois P. Mattis, deceased, Grantor, to Peter S. Welles and Sondra
T. Welles, Grantee, whose legal address is 3013 Caves Road, Owings Mills,
MD 21 1 17.
WLRLAS, the decedent died on the date ofJuly 14, 2010 and Grantor was duly appointed Personal Representative of said Estate
by the Court in and for the County of Garfield, State of Colorado, Probate No. 10PR75, on the date of October 18, 2010, and is now
t ./alined and acting i said capacity.
1 ri. .�.,,I' ,,Lith., I
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and
convey unto Grantee (as tenants in common), for and in consideration of Eight Hundred Fi Ry Thousand Dollars the following described
real property situate in the County of Garfield, Stale of Colorado:
See Exhibit A attached hereto
also known by street and number as: 5345 County Road 100, Carbondale, Colorado 81623
Wiih all appurtenances.
As used herein, the singular includes the plural and the plural the singular,
Executed://.{�f� !� :,tii�
STATE OF COLORADO II
COUNTY OF
)ss;
Kitchen Mattis, Personal Representative oftlte Estate of
L 1•t P. Mattis, Deceased
The foregoing instrument was acknowledged before me this .]r14ay of March, 201 1, by Judith Kitchen Mattis as Personal
Representative of the Estate of Louis P. Mattis, Deceased.
Witness my hand and official seal.
My commission expires:
Howryl Odic L7
f.
My Calssrraion Frcir,ts 86.2212413
•
800393 03/22/2011 12:06:08 PM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $85.00 eRecorded
• 1,..1, . Stale r,I( I,I„r;1(11,
File Number: 9-1191 I
Exhibit A
LEGAL DESCRIPTION
A parcel of lard which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth
Principal Meridian, said parcel of land is more fully described as follows:
Beginning at a brass cap in place and properly marked for the East one quarter corner of said Section 25; thence
N 01'47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a beating
of S 01°47'00" W on the East line of the NE1/4 of said Section 25) 1350.58 feet;
thence N 88°51'50" W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning;
thence S 19'16'40" E 143.00 feet;
thence S 05'07'43" E 272.70 feet;
thence S 31"05'45" E 117.77 feet;
thence S 19"16'40" E 143.93 feet;
thence S 79°10'30" W 924.12 feet to a point on the West line of said SE1/4NE1/4;
thence N 02'03'18" E along the West line of said SE1/4NE1/4 830.86 feet;
thence S 88°51'59" E along the North line of said SE1/4NE1/4 697.16 feet to the true point of beginning
County of Garfield, State of Colorado
Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at
Page 393 as Reception No. 271 130 and in Book 492 at Page 927 as Reception No. 276571
Order Nurnbei; p-1191
Survey Arliilav,l - Seller Page 2 °I-2
•
r�il�':I1c cci t I11,11
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE
SUMMARY
TAX PARCEL NUMBER: 239325100151 and 239325100150
DATE: September 25, 2017
PROJECT:
Amended Final Plat cibouno.ily L ,V.Ti.l ,i �dCLih
i- Ly / 1 {�
OWNERS/APPLICANT: Peter and Sondra Welles
REPRESENTATIVE: Joe Kowar
PRACTICAL LOCATION: 5345 County Road 100 and 5343 County Road 100
ZONING: Rural
nnr`inr, rnrnrri Accnrn-1
TYPE OF APPLICATION: Amended Final Plat
Ir
I. GENERAL PROJECT DESCRIPTION
The applicant is requesting to adjust the property boundary between two adjacent parcels. Both
parcels are under the same ownership and were created as a result of a three lot exemption.
The applicant should review the attached memorandum from the Garfield County Attorney's Office
regarding mineral owners to ensure that all necessary information is submitted with the application.
Names and addresses of all mineral owners under both subject parcels is necessary for public notice
purposes. In addition, the applicant will need to submit the names and addresses of all property
owners within 200' of both subject parcels. The easiest way to find this list is on the Garfield County
website at: htlp://gis.jutrlield-cotinty.com/LantlExnloiiedindex.himi (Set the Buffer tool to 200' in order to
obtain a list of names and addresses as they are on record with the County Assessor).
In order to ensure all encumbrances and lienholders are shown on the plat, a title commitment may
be necessary for both lots.
1
Divinon 1, 2 and :3
The final plat will need to conform to Section 5-402(F), including the incorporation of the enclosed
certificates.
• Submit'aI of additional maten,ds (if needed) and copies for Referral agencies (21 day
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan 2030
• Garfield County Land Use and Development Code, effective July 15, 2013
• Amended Final Plat (5-305), following Administrative Review (Section 4-103)
• Table 4-102, Common Review Procedures and Required Notice;
• Table 5-401, Application Submittal Requirements
• Article 7, Division 1, 2 and 3
• Circulation tor Applicant/Ov.'nnr and other signature's;
III. REVIEW PROCESS
• The review process shall follow the steps as contained in Section 5-305 (see attached flow
chart and below outline).
• Pre -Application meeting;
• Submittal of Application (3 copies plus one electronic);
• Completeness Review;
• rSubmittal of additional maton erials (if nepal eded) alnd copinu es for Referral agencies (21 day
review);
• Setting a date for the Directors Determination;
• Public Notice 15 days prior to the Director's Determination to property owners
within 200 feet and mineral rights owners on the subject property;
• Directors Determination including any conditions;
• A 10 day Call-up Period after Director's Decision is made;
• Finalizing the Plat and satisfaction of any conditions;
• ••,,pgrcullation for,Applicant/Owner,andcothleksignatures;
• Board of County Commissioners execution of the plat as a consent agenda item;
• Recording the Plat with the County Clerk and Recorder.
SUBMITTAL REQUIREMENTS
Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B.
These application materials are generally summarized below:
• Application Form (both property owners need to sign the form.).
▪ Ownership Documentation (deed for both parcels) and title information indicating if there
are any lien holders and/or encumbrances
* Letter of Authorization
* Fee Payment and Payment Agreement Form
■ Pre -Application Conference Summary
• Names and addresses of all property owners within 200 feet of subject parcels all mineral
owners of the subject parcels.
• Vicinity Map •
■ Improvements Agreement (may be waived upon request)
2
• Final Plat (plat should include improvement location information adequate to confirm that
no new nonconforming conditions will result from the proposal)
■ Code, Covenants, Restrictions
• Response to standards in 5-305 (C)
• The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2
and 3. The Applicationrshould include; at alminimum, reprlesentations that the amendment
will not result in any changes to drainage, access, utilities, and any other applicable
Subdivision and Article 7 topics.
Please submit three paper copies and one electronic that include all submittal materials.
Additional copies will be requested upon determination of completeness. Please reference the
Land Use and Development Code for additional information on submittal requirements.
IV. APPLICATION REVIEW
a. Review by:
b. Public Hearing: X None (Director's Decision)
Planning Commission
Board of County Commissioners
Board of Adjustment
c. Referral Agencies:
Staff for completeness
recommendation and referral
agencies for additional technical
review
May include Fire Protection District,
appropriate HOA (if applicable),
Garfield County Designated
Engineer, and County Surveyor.
V. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 100.00
b. Referral Agency Fees:
c. Total Deposit:
iiar:.i
3 Cij;itai Pi)F Copy (on CO pi 1,1.SE3 stick)
&,stir the patsy and the digital
should he spill into ind-Nulual sic(
PEarcis.2 reel tri, the list included in your
pre,al>plicatitrrt conference mammary fm
the submittal requlreint3n1:e that OM
a3;prr.,,p into for your;rpralFcatiora:
MaP
ding arar.l (.lrainai,,p Pilin
and , i1711'i
':• .'r;<ii•-$tueiy
Wirt er iiui)flty/filoribution Pian
• ttiamewaa;:5r Management Ilan
• Article%) Standards
$ TBD — consulting engineer/civil engineer fees
$ 100.00 (additional hours are billed at $40.50 /hour)
General Application Processing
The pre -application meeting summary is only valid for six (6) months from the date of the written
summary.
Disclaimer
3
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.
Prc-application Summary Prepared by:
Patrick Waller, Senior Planner
4
March 22, 2017
Date
Garfield County Land Explorer
Parcel
239130300036
239325100149
239325100150
239325100151
239325400265
Physical Address Owner
Not available CARBONDALE
5344 100 COUNTY RD
CARBONDALE
5345 100 COUNTY RD
CARBONDALE
5343 100 COUNTY RD
CARBONDALE
404 104 COUNTY RD
CARBONDALE
Account
Num
Mailing Address
JAMES, RICHARD NELSON & MARY
F R083398
DAVIDSON, ART R110244
WELLES, PETER S & SONDRA T R011328
WELLES, SONDRA T & PETER S R011269
BLUE, DOLORES (DEE) B R111584
REVOCABLE TRUST
3973 COUNTY ROAD 100 CARBONDALE,
CO 81623
2200 SEWALD HIGHWAY ANCHORAGE,
AK 99523
5343 COUNTY ROAD 100 CARBONDALE,
CO 81623
5343 COUNTY ROAD 100 CARBONDALE,
CO 81623
404 COUNTY ROAD 104 CARBONDALE,
CO 81623
Garfield County Land Explorer
Parcel
Physical Address Owner
Account
Num
239325100148
239325100149
239325100150
239325100151
239325100152
239325400265
5347 100 COUNTY RD
CARBONDALE
5344 100 COUNTY RD
CARBONDALE
5345 100 COUNTY RD
CARBONDALE
5343 100 COUNTY RD
CARBONDALE
5349 100 COUNTY RD
CARBONDALE
404 104 COUNTY RD
CARBONDALE
Mailing Address
MCDOWELL, CHRISTOPHER 8. R011415 5347 COUNTY ROAD 100
MADELEINE CONWAY CARBONDALE, CO 81623
DAVIDSON, ART
WELLES, PETER S & SONDRA T
WELLES, SONDRA T & PETER S
WALTER, WILLIAM C & SUSAN C
BLUE, DOLORES (DEE) B REVOCABLE
TRUST
R110244
R011328
R011269
R011464
R111584
2200 SEWALD HIGHWAY ANCHORAGE,
AK 99523
5343 COUNTY ROAD 100
CARBONDALE, CO 81623
5343 COUNTY ROAD 100
CARBONDALE, CO 81623
2499 PILGRAM HIGHWAY FRANKFORT,
MI 49635
404 COUNTY ROAD 104 CARBONDALE,
CO 81623
stewart title
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy
or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance
with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A by the Company. -
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the
Company.
The Company will provide a sample of the policy form upon request. r,
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart 1 itle Guaranty Company has caused its col poi ate name and seal to be affixed by its duly authorized
officers on the date shown in Schedule A.
Countersigned by:
si:;t�Oriz1 iul!."it!„8I'Lr
Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
(970) 925-3577
Matt Morris
President and CEO
Denise C. rraux
Secretary
For purposes of this form the "Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-104221
004 -UN ALTA Commitment 6-17-06
Page 1 of 2
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2- If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shalt fail'to disclosefsuch. klowledge to the Compariy'in'writirig;'the Company shalt be'relieved front Iiability faf'any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge_ If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall he only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c)
to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subiect to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrabio matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< hfto:Ilwwwalta.orul>.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to
it at P.O. Box 2029, Houston, Texas 77252.
r, In AL and ALLA ;Blob Standing as of. Ilu' da!,-.; of us, .
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-104221
004 -UN ALTA Commitment 6-17-06
Page 2 of 2
AM RI C.
IAS11 :111t
mud Larub.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-104221
1, Effective Date: September 26, 2017, at 8:00 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy
Proposed Insured:
TBD I,
(b) ALTA Loan Policy
Proposed Insured:
Amount of Insurance
2006 (Extended) T.B.D.
STATEMENT OF (:BARGES
3. The estate or interest in the land described or referred to in this Commitment and covered herein is.
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Peter S. Welles and Sondra T. Welles
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
5343 County Road 100
Carbondale, CO 81623
5345 County Road 100
Carbondale, CO 81623
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Search Rate
Search Fee:
$400.00
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association,
File No. 01330-104221
CO STG ALTA Commitment Sch A STO
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
nlonq !hc North line of said SE1Mr-LEI/4. 607.15 fent !o Ho true I`c r t of bteginning,
SCHEDULE A
LEGAL DESCRIPTION
j' X-; f:l�ceptl�:.
Parcel A:
A parcel of lard which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal
Meridian, said parcel of land is more fully described as follows:
Beginning at a brass cap in place and properly marked for the East one quarter corner of said Section 25; thence N 01°
47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing of S 01°47'00" W
on the East line of the NE1/4 of said Section 25) 1350.58 feet;
thence N 88°51_'50" W along the North line of said SE1/4NE1/4, 807.15 feet to the true point of beginning;
thence S 19°16'40" E 143.00 feet;'•est line e` said L.1'4'I 1l � [i...00
thence S 05°0T43" E 272.70 feet;
thence S 31°05'45" E 117/7 feet;
thence S 19°16'40" E 143.93 feet;
thence S 79°10'30" W 924.12 feet to a point on the West line of said SE1/4NE1/4;
thence N 02°03'18" E along the West line of said SE1/4NE1/4 830.86 feet;
thence S 88°51'59" E along the North line of said SE1/4NE1/4 697,16 feet to the true point of beginning
Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at Page
393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571.
Parcel B:
A parcel of land which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal
Meridian, said parcel of land is more fully described as follows:
Beginning at a brass cap in place and properly marked for the East One Quarter corner of said Section 25;
thence N. 89°05'36" W. along the South line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing
of S. 01°47'00" W. on the East line of the NE1/4 of said Section 25) 322.81 feet to the true point of beginning;
thence N 89°05'36" W. along the South line of said SE1/4NE1/4 988.00 feet to the SW Corner of said SE1/4NE1/4;
thence.N._02°03'18° E._along-the.West_line_of said_SEV_4NE1/.4.525 0.0 feet;
therice'NT79°10`30"' E.'924.12'feet; '""°" All "his r. orvr"
thence S. 04°54'50" E. 716.49 feet to the True Point of Beginning.
Together with an access and Utility Easement described in Deed recorded January 27, 1977 in Book 492 at Page 927 as
Reception No. 276571, and in Deed recorded March 23, 1979 in Book 525 at Page 52 as Reception No. 292893.
All in the County of Garfield, State of Colorado
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-104221
CO STG ALTA Commitment Sch A STO
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
11111
Aux altArr
iA>•'11 1441:
COMMITMENT FOR TITLE INSURANCE
f.:.Hi, Hie. cowini;munt_ SCHEDULE B
PART 1
File No.: 01330-104221
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
2. Proper instruments) creating the estate or interest''te be. insured must be executedand duly filed for
'record. IIry t%l r.>rpiirpments rpIa' • thrrr•tn
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils
testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of
receipt of this title commitment.
ess n( the 9r.anlr•e mut appear nn !he (feed as per 1076: amendment to stall::.
5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS
POLICY:
A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION
CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to
Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS
POLICY.
Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or
make further inquiry or requirements' reiatiVd`tliefeto: ` `' guarantee or assurarI .(: incl UOes not warf.11ll,
.•r;.n.,�• . Ir'. IFrn ani+ rnnrtltlnl7.
{not or rir,-ittn7fnrnrn, This prnrhlrt (Inns "r0 ohtir itn th14 Como'"" '-
Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company.
6. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
Please be advised that our search did not disclose any open Deed of Trust of record. If you should have
knowledge of any outstanding obligations, please contact the Title Department immediately for further review prior
to closing.
NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute
on recording of deeds CRS 38-35-109 (2).
7. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan.
NOTE: The vesting deed is shown as follows: Personal Representative's Deed recorded March 22, 2011 as
Reception No. 800393.
NOTE: This product is for informational purposes only. It is not a title insurance product and does not
provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or
otherwise insure any condition, fact or circumstance. This product does not obligate this Company to
issue any policies of title insurance for any subsequent transaction based on the information provided or
involving the described herein. This Company's sole liability for any error(s) relating to this product is
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01 330-1 04 221
CO STG ALTA Commitment Sch B I
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
limited to the amount this was paid for this product.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date o1 use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-104221 -
CO STG ALTA Commitment Sch B I
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
'-o1 I I I .,r,lr-.I n'llnlnry rl-diwlc,' (h) rncnnrl+ir tort (,r nvrnr,linnC in rnOrnlc n• In A.-4 n!llhnri ini the, !SCII?nrn !kr— -
File
kr •-
File No.: 01330-104221
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any'' ericroachniei t,nencu'mbrance; vielafiori,wariatidn'; r'o'r'Wdverse cir`curiistance`'affecfing`the"tltlentfiat would be
disclosed by an accurate and complete land survey of the Land and not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
6. (a),Unpatented mining claims;'(b),reservations or except -in patents or in Acts authorizing the issuance thereof;
(c) minerals of whatsoever kirld,'subsurface arld surface substances, in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area. Right of way for ditches or canals
constructed by the`auttiority of the'United Statesfas'reservedin United States Patent recorded July 12, 1952 in
Book 265 at Page 66 as Reception No_ 179908. (Parcel A & B)
Excepting and reserving, also to the United States, pursuant to the provisions of the Act of August 1, 1946 (60
Stat., 755) all Uranium, Thorium or and other material which is or may be determined to be peculiarly essential to
the production of fissionable materials, whether or not of commercial value, together with the right of the United
States through its authorized agents or representatives at any time to enter upon the land, prospect for, mine and
remove the same. Act of April 24, 1920.
10. Matters disclosed on the Warranty Deeds recorded January 27, 1976 in Book 482 at Page 393 as Reception No.
271130 and in Book 482 at Page 395 as Reception No. 27113 . (Parcel A & B)
11. A non-exclusive easement for ingress and egress recorded January 27, 1977 in Book 492 at Page 927 as
Reception No. 275571. (Parcel B)
12. Resolution No. 79-8 recorded January 24, 1979 in Book 522 at Page 186 as Reception No. 291687.
(Parcel A & B)
13. Matters disclosed on Warranty Deed recorded March 23, 1979 in Book 525 at Page 52 as Reception No. 292893,
and recorded March 23, 1979 in Book 525 at page 56 as Reception No. 292895 and recorded March 23, 1979 in
Book 525 at Page 54 as Reception No. 292894. (Parcel A & B)
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is reslncted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Repnnled under license from the American Land Title Association.
File No. 01330-104221
CO STG ALTA Commitment Sch B II STO
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
14. Well Agreement recorded March 23, 1979 in Book 525 at Page 58 as Reception No. 292896. (Parcel A & B)
15. Resolutions No.' 84 X73 recordetl'Aprfl`2L0984'in Book 648 at page 4T9' as' Receptiori' Nd,'"35165q.e(Wdreel A & 5)
16. Right -of -Way Easement, recorded November 14, 1985 in Book 678 at Page 867 as Reception No. 366564.
(Parcel A)
17. Right -of -Way Easement for Holy Cross Electric Association, Inc. recorded November 27, 1985 in Book 679 at
Page 566 as Reception No. 366912. (Parcel B)
18. Contract for Electric Service, recorded March 31, 1986 in Book 685 at Page 816 as Reception No. 369849.
(Parcel A)
nn..-., ..,
19. Right -of -Way Easement for Hof' Cross Electric Association, Inc. recorded October 10, 1 990 in Book 790 at Page
421 as Reception No. 417783. (Parcel B)
20. Contract for Electric Service Holy Cross Electric Association, Inc. recorded November 5, 1990 in Book 792 at
Page 598 as Reception No. 41$.531. (Parcel B)
21. Agreement for Road Improvements on County Road 103, recorded May 4, 1994 in Book 861 at Page 498 as
Reception No. 447029. (Parcel A)
22. Private Road Maintenance Agreement recorded August 19, 1994 as Reception No. 467425. (Parcel B)
appear the policies. provided the Company. or its authorized .. , rlosinq of the prop'
23. Private Road Maintenance Agreement, recorded August 19, 1994 in Book 912 at Page 901 as Reception No.
467426. (Parcel A)
24. Underground Right -of -Way Easement for Holy Cross Electric Association, Inc., recorded November 14, 1994 in
Book 922 at Page 259 as Reception No. 470855. (Parcel B)
25. Underground Right -of -Way Easement for Holy Cross Electric Association, Inc., recorded November 14, 1994 in
Book 922 at Page 261 as Reception No. 470B56. (Parcel A)
26.-, Land -Use Change„P,ermitTecorded,;March-1,8;72014-as-Reception No -847282: (Parcel B)
27. Resolution No. 2012-53 recorded July 3, 2012 as Reception No. 820944. (Parcel B)
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's
affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection
with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the
Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien
exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from
the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5
will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed
transaction and is responsible for the recordation of the docurnents:
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of This Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use:
All other uses are prohibited, Reprinted under license from the American Land Title Association.
File No. 01330-104221
CO STG ALTA Commitment Sch B II STO
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
-.,.� ,ori.
DISCLOSURES
of r;--,rnnniln-ment from ''n Owner's Policy to be issued) upon compliance with the iouc;,
File No.: 01330-104221
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH'TAXING JURISDICTION SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR - • ''� •nrs u,u.
,.. , rr) Ihn Allo nr tflo (�nnvi�J'llr, ' 4I. rn ('ll l�rf+ll'n,. .- !rl 1 '-,,. ,n r�.,n rn' I Trn (; r1 .=-! Iir'_
•
Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that "Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's
Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner's.Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past G months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unified Mechanic's and
Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six ,months. prior, to, the„Date of,.therCommitment, the ,requirements,to. obtain,,coverage. for,uprecorded liens mill
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3,
Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01 33 0-1 042 21
CO Commitment Disclosure Revised 1/1/17
c .,e r,.,. r.... , , hncinos pnrr,nnr. - In rrnrn�
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state•law regulations also require us to tell you how we collect; share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information.
For our everyday business purposes—ho process,yourr ,aeciai
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
Do we share
r,u
Yes
Can you limit this sharing?
No
For our marketing purposes— to offer our products and services to
you.
For joint marketing with other financial companies
Yes
No
No
We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
non-financial companies, Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information
about your creditworthiness.
For our affiliates to market to you — For your convenience,
Stewart has developed a means for you to opt out from its affiliates
marketing even though such mechanism is not legally required. - -
Yes
mputer, file and hi l
;A fnrlu nrdt
No
For non -affiliates to market to you. Non -affiliates are companies
not related by common ownership or control. They can be financial P,
and -non-financial companies,, Offi-P r, Houston, Tnvns 77nc;
No
Yes
rico, pleNoc cent,,
We don't share
Yes, send your first and last name, the email
address used in your transaction, your
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
We don't share rn., .
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me
about their practices?
How do the Stewart Title Companies protect my
personal information?
How do the Stewart Title Companies collect my
personal information?
What sharing can I limit?
We must notify you about our sharing practices when you request a
transaction.
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
We collect your personal information, for example, when you
• request insurance -related services
• provide such information to us
We also 'collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
Contact us: if you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-104221
Page 1
Revised 11-19-2013
D c..' I7990B
r'd.
0.1
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!a :1P .:�;y::' C:P c:ti:� i1]
'•'•rr- 1_. ;.f71xed)
;7.
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w!:
P.
•
47.
Jl-;?ar'C�E:'"1';18[3^4;
•r.il18�:: -.�.?'.i.���. d 1 orf
Fri: O:''. 'r•-��
51
�: •:1%F'�rt�ti
t
;1• •r i,p :1t 1 to tho f;ureau of Land Mn1,.ngQmcnt, whereby it appear; Lha; hue=i
liv
4-10"AS
(April 1960)
Dewar a mid t, in 1 iatro 1if Aarirrtrnx
mutat to wham flus* presents shall rcmr, Oirreting:
WHEREAS, n Certificate of the Land tit and Survey Office at Dinar, Colorado,
is now deposited in the Bureau of Land Management, whereby it appears that full payment has been
madehythe.9183-111}114 h 1. we 1 1.roy'd • ti. ) .. ll•H • , . ui A .t nC A.hzu.nt 1, 1'J•I6
according to the provisions of the Act of Congress of April 24, 1820, entitled "An Act making further
provision for the sale of the Public Lands," and the acts supplemental thereto, for the following-
described
ollowingdescribed land:
Sim Principal lieridiaa, Colorado .
T■ 7 3., It. es Trio
Nie. 251 Mic:4'•Si1S* r ? r
Th. gra draeribi6 ooettaine B0 acres.
according to the Official Plat of tho Survey of the said Land, on file in the Bureau of Land Management:
Now KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and in
conformity with the several Aets of Congress in such case made and provided, HAS GlvEN AND
GRANTZO, and by these presents DOES GIVE Amp GRANT unto the said claimant and to the heirs of
the said claimant the tract above described; To ILtvE Atte To IloLn the same, together with all the
rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the
said claimant and to the heirs and assigns of the said claimant forever; subject to any vested and
accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches
and reservoirs used in connection with such water rights, as may be recognized and acknowledged by
the Local customs, laws, and decisions of courts; and there is reserved from the lands hereby granted, a
right-of-way thereon for ditches or canals constructed by the authority of the United States. Except-
ing and reserving, also, to the United States, pursuant to the provisions of Uie Act of August 1,1946
(60 Stat„ 755), au uranium, thorium or any other material which is or may be determined to be
peculiarly essential to the production of fissionable materials, whether or not of commercial value,
together with the right of the United Statea through its authorized agents or representatives at any
time to enter upon the land and prospect for, mine, and remove the same.
[SEAL]
Patent Number _ 113-3 2-Ni--
TASTlMoNY WHEREOF, the undersigned authorized officer of
the Bureau of Land Management, in accordance with the
provisions of the Act of June 17, 1948 (6Z Stat., 476), has,
in the name of the United States, caused these letters to be
made Patent, and the•Seal of the Bureau to be hereunto
affixed.
GivE*t under my hand. in the District of Columbia, the
day of 1DYF263ffit in the year of
our Lord one thousand nine hundred and iiTt7..or
and of the Independence of the United States the onebundred
and ,ani '-sari
For the Director, Bureau of Land Management.
By -.
3 Chief, Patent! Seotioa.
1049906-I O. P. H, u44 PT FP MU. Mt
SAN 2, 7 1976 800C,482 PACE -393 aL � • `J � o'clock.... _..... �...... ....•••• •.---
fieceptionr, 1lo. E1Ta StC rcns.' Recorder'
WARRANTY DEED
S[TEcJ;.....:f
JAN 2 7 197S
RIMLEDGE URANIUM AND MINING CORPORATION, a Utah Corporation,
qualified to do business in Colorado, whose street address is 275
East 32nd,Street, Durango, Colorado 81301, Grantor, for the con-
sideration°of--Oine' Hundred•'bollarer ($100:00)' and'other'-good-and-•
valuable considerations, in hand paid, hereby sells and conveys
to SYDNEY LINCICOME, whose address is P. O. Box 823, Carbondale,
Colorado 81623, the following real property in the County of Gar-
field, State of Colorado, to -wit:
An undivided one-half interest in and to
SEaNEa of Section 25, Township 7 South,
Range 88 West of the 6th P.M. containing
40 acres, more or less
with all its appurtenances and warrants the title to the same subject
to reservations and exceptions contained in the applicable United
States Patent and subject to general taxes for the year 1976, payable
in 1977, and subject to the following restrictive covenants, which
covenants shall run with the land:
(1) No temporary buildings or structures of any kind inclu-
ding but not limited to, towed or self-propelled trailers,
mobile homes or campers shall be constructed or permitted
to remain upon any part of the property except for typi-
cal construction shacks and/or tool and material storage
sheds which shall be used in connection with and permit-
ted to remain only during periods of construction of per-
manent improvements.
(2) All construction and alteration work once commenced with-
in the property shall be pursued diligently and shall be
completed as promptly as reasonably possible; the site
of such construction shall be kept clear and free from
unnecessary and unreasonable accumulation of trash and
debris.
(3) All unsightly structures, facilities, equipment and
other items, including but not limited to trailers,
boats, trucks, tractors, snow removal or garden equip-
(r
86u,482 i'Al;E3 4
Ment, and any similar items shall be kept at all times
except when in actual use, in enclosed structures or
otherwise screened from view from any adjoining pro-
perty. No lumber, metals, bulk materials, scrap,
refuse or trash shall be kept, stored or allowed to
accumulate on any property, except building materials
during the course of construction and then only for
Such reasonable period of time as is necessaryprior
to collection or disposal thereof.
(4) No mining, quarrying, tunneling, excavating or dril-
ling for any substance within the earth, including
oil, gas, minerals, gravel, sand, rock and earth, but
excluding,water, shall be permitted on any part of
the property.
(5) No firearms shall be discharged within the boundaries
of the property.
Grantor covenants that a nonexclusive access and egress road
from the County Road to the NE Corner of the SE1NE1/4 of Section 25,
will be completed before August 1, 1976.
Grantor grants to grantee his heirs and assigns a nonexclusive
right af.way of access and egress along such access road.
-...-. .r �:•:.. .!:lfiva": 30, . 9 %T
IN WITNESS WHEREOF, this Warranty Deed is executed this 26th
day of January, 1976.
RIMLEDGE URANIUM AND MINING CORPORATION
STATE OF COLORADO )
)
COUNTY OF GARFIELD )
as.
BY:few J-ta�•
Its President
The foregoing Warranty Deed was acknowledged before me this 26th
day of January, 1976, bv Fern A. McCormick as President of Rimledge
Uranium and Mining Corporation.
WITMES,S my hand and official seal.
4 '
•Q i vI QTA 1Y' y ,.. .
.N,.AuBL�G-o
hlyz e m'rt&R9ton expires:
ALI( ',; .i- x e 64, d
Notary Public
January 30, 1977
`I4 JAIL 2 7 1976
Raaordrl et i]N A.� f) ^.k • 14,i _
Reception. Plo,_._.__-_-._.__._ I":ls Stephens, Recorder
o0U6482 PAGc.39
STALE Nc o ;i
WARRANTY DEED Ji i 2 ,j 1976
RIMLEDGE URANIUM AND MINIIING CORPORATION, a Utah Corporation,
qualified to do business in Colorado,•whose street address is 275
East 32ndIStreet, Durangd, Colorado: 81301, -Grantor, for=the con-
sideration of One Hundred Dollars ($100.00) and other good and
valuable considerations, in hand paid, hereby sells and conveys
to DAVID S. HOTCHKISS and MARY CYNTHIA HOTCHKISS, husband and wife,
in joint tenancy, whose address is P. 0. Box 871, Carbondale,
Colorado 81623, the following real property in the County of Gar-
field, State of Colorado, to -wit:
Ari'Undiided "one=hlf"interest' in' aitd to' ' F,nd
SE1/4NE4 of Section 25, Township 7 South,
Range 88 West of the 6th P.M. containing
40 acres, more or less
with all its appurtenances and warrants the title to the same subject
to reservations and exceptions contained in the applicable United
States PaLent and subject to general taxes for the year 3976, payable
in 1977, and subject to the following restrictive covenants, which
covenants shall run with the land:
(1) No temporary buildings or structures of any kind inclu-
ding but not limited to, towed or self-propelled trailers,
mobile homes or campers shall be constructed or permitted
to remain upon any part of the property except for typi-
cal construction shacks and/or tool and material storage
sheds which shall be used in connection with and permit-
ted to remain only during periods of construction of per-
manent improvements.
(2) All construction and alteration work once commenced with-
in the property shall be pursued diligently and shall be
completed as promptly as reasonably possible; the site
of such construction shall be kept clear and free from
unnecessary and unreasonable accumulation of trash and
debris.
(3) All unsightly structures, facilities, equipment and
other items including but not limited to trailers,
boats, trucks, tractors, snow removal or garden equip-
r
000A:2 FACE 3�,6
:ment, and any similar items shall be kept at all times
-except when in actual use, in enclosed structures or
otherwise screened from view from any adjoining pro-
perty. No lumber, metals, bulk materials, scrap,
refuse or trash shall be kept, stored or allowed to
accumulate on any property,_ except building materials
during the course of construction and then only for
such reasonable period of time as is necessary prior
to collection or disposal thereof.
(4) _No mining, quarrying, tunneling, excavating or dril-
ling for any substance within the earth, including
oil, gas, minerals, gravel, sand, rock and earth, but
excluding water, shall be permitted on any part of
the property.
•(5) No firearms shall be discharged within the boundaries
of the property.
Grantor covenants that a nonexclusive access and egress road
from the County Road to the NE Corner of the SE4NE1 of Section 25,
will be completed before August 1, 1976.
Grantor grants to grantees their heirs and assigns a nonexclu-
sive right of way of access and egress along such access road.
IN WITNESS WHEREOF, this Warranty Deed is executed this 26th
day of January, 1976.
RIMLEDGE URANIUM AND MINING CORPORATION
By: j1 c7• /I) C
Its President
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
The foregoing Warranty Deed was acknowledged before me this 26th
day of..,7Anuary, 1976, by Fern A. McCormick as President of Rimledge
Urani}im )tiena•.! ining Corporation.
='.e.t-'s�STN S3`�',rly hand and official seal.
er , is
P(JriLIG o
My.,p isien.Yexpires: January 30, 1977
• CD4.
O/I ///i'
Notary Pu lac
-2-
•
".2-1
•
-;.
��... • 4 M JAN 2 7 1977
Recorded at;: -2;..o-clock.-
Reception Na Seconder
EASEMENT
6ou-492;; PAQE 9!7
Centennial Associates for the consideration of Ten Dollars.
($10.00) and -other good and valuable consideration, the receipt of
which is hereby acknowledged, hereby grants to DIANE DALE,,
G. DANIEL EN9ERLINE, 'R.,•' AS.AN STOREY, MICHAEL O'LEARY, and:
SYDNEY LINCICOME, DAVID HOTCHKISS AND MARY CYNTHIA HOTCHKISS, a
non-exclusive easement for ingress and egress twenty feet (20') -
wide following an existing road over and across the following
described property:
9, Aiaarcel•,�of, lPdk,situate_,iRoot�sAtandj_4; of_ Sec't,Lori.; 19.;
Township.7. South,. Range 87 West •t7$: the Sixth `Pri:Ocipal _Meridian,
County of Garfield, State of Colorado, .lying Easterly -of the
Westerly line of said Section•19 and Northerly of the Southerly
line of said Section•19,'said parcel of•land is described as
follows: -•
Beginning at -..the Southwest' Corner . o£ said Section 19',
'thence N.01o47'00" E. 1051.15feet.along the Westerly line of said
Section 19; thence S.89°49'08" E. 495.00 feet; thence N.01°47'00"
E.•495.15 feet; thence East. 640.33. feet; thence South 1508.63 feet
more or less to -a point on the Southerly line of said Section 19;
thence S.88017'20" W. along the:'Southerly line of said Section 19,
1183. 97 . feet, more., or .less . to.the Southwest Corner of
Ny Cc ,nM,►kn PY$.1.[ 00. 1'4, ii/,r,
Section '19, the point of. beginning:"
Signed this 11 day of January 1977.
STATE OF COLORADO
s e .
COUNTY OF PITKIN
CENTENNIAL ASSOCIATES
O.N,-EIGLE
The foregoing instrument•was acknowled4ed before me this
llth day of January, 1977 by ALAN STOREY.
My Commission Expires:
itY conmFaalon exons 4i. 19, a�{.;' r . •
Witnessmy hand and official -seal.
14/
C : o
. f..•� err �.� � i
Notary Public••= t`
Recorded P - c o'clock 33.
JAN 1975
Rooepr.i.;tt No. 2915$7
BEFORE THE BOARD OF COUNTY Cor.IMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79 - 8 ..-.
WHEREAS, David Hotchkiss and Sydney Lincicome have petitioned
the Board of County Commissioners. of Garfield County, Colorado,
for an exemption from the definition of the terms "subdivision" and
"subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adoptedfJanudryr21979; Sectionsi2.022T'(d) and• -3:02.01 for -the
division of a 40.0 acre tract into three (3).tracts of approximately
13.3 acres edch.more or less, and said 40 acre tract is more
particularly described as follows:
The SE4NE4 of Section 25, T.7S, R.88W. of the 6th P.M. in
the State of Colorado and County of Garfield
WHEREAS, the Petitioners have demonstrated to the satisfaction
of the Board_of County Commissioners of Garfield County; Colorado,
that they desire said exemption for the purpose of resale of said
tracts Into single-family residential acreage.
r 52.2 •-• ; :-sig
WHEREAS, the Petitioners have demonstrated to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado,
that there is a reasonable probability of locating domestic water on
each of said tracts, that there is adequate ingress and.egress to
•n, Thu' ••
n n, ;; alter :'�c.'. a. ,o ;t `urt 3.1a'r,r.
said tracts, that the location of septic tanks will be ewrtitted by
the Colorado Department of Health, that the requested division is in
accordance with the general purposes and intent of the Subdivision
Regulations of the State of Colorado and the County of Garfield, and
should, therefore, be exempted from the definition of the terms
"subdivision" and "subdivided land" as set forth in C.R.S. 1973,
30-28-101 (10) (a) -(d) as amended; -
NOW, THEREFORE, upon the motion of Larry Velasquez, seconded
by Richard C. Jolley, and carried, said 40.0 acre tract of land is
hereby exempted from such definitions and said tract may be divided
into three (3) tracts of 13.3 acres each, more or less, all as is
more fully described above, and said divided tract may be conveyed
in the form of such smaller tracts without further compliance with
a4a/if 7
the aforesaid subdivision statutes and regulations; provided, however,
that said exemption is conditioned on the Petitioners obtaining a
proper legal description of said tracts prior to any conveyance thereof.
A copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this f�j.tkday of 4. J;i91.{&fj4,(1 , A.D. 1979.
ATTEST;
ti
114
Deputy C k.rk'af the Board
of County Commissioners.'
Garfield County, Colorado
THE BOARD OF COUNTY CO`MIISSIONERS
OF GARFIELD COUNTY, COLORADO
YY;:. :. �srrI t?• e •i.
7 n J. CerTre, chairman
MAR 7, _i State Documentary Fee- $ -0,- F000rded �t o'clock .M. ;,
Reception l.o. 9219.93rlildred Al^uorf. R.•cordor
. • W14.1tRi TY DEED Glli�%. 525 ?'r.F 52.3.
the E&5! UI,..,:Pel'_ of 59_
SYDNEY LINCICOME, whose address is P. 0. Box 121,
Carbondale, Colorado, DAVID S. HOTCHKISS and MARY CYNTHIA
HOTCHKISS, whose address is 178 Euclid Avenue, Carbondale,
Colorado, 81623, for the consideration of One Hundred Dollars
and other good and valuable considerations, in hand paid,
hereby sell and convey to DAVID S. HOTCHKISS and MARY CYNTHIA
;r•• r. to:
HOTCHKISS, as joint tenants, whose address is 178 Euclid
Avenue, Carbondale, Colorado, the following real property in
the County of Garfield, State of Colorado, to wit:
A parcel of land which is part of the SE,4NE; of Section 25,
Township 7 South, Range 88 West of the Sixth Principal
Meridian. Said parcel of land is more fully described as
follows:
Beginning at a Brass Cap in place and properly marked for
the_East:One Quarter Corner:of said.Section 25; thence N.
89°05'36"'W. along the South line of said SaXEa (with all
bearings contained herein relative Lo a bearing of S. 01°47'00"
W. on the East line of the NE; of said Section. 25)322.81
feet to the true point of beginning; Lhence'N. 89°05'36" W.
along the South line of said SEaNEa 988.0 feet to the SW
Corner of said SE1/4NEa; thence N. 02°03'18" E. along the West
line of said SEoNEI 525.00 feet; thence N. 79°10'30" E. 924.12
feet; thence S.' 04°54'50'" E. 716.49 feet to the true point
of beginning.
with all its appurtenances and warrant title to the same,
subject, to:: :tea v;e
Rights of way and reservations_ contained in the United States
Patent recorded in Book 265 at Page 66 of the Garfield
County records;
Restrictions recorded in Book 482 at Page 393 and in Book 482
at Page 395 of the Garfield County records;
Inclusion in any general or specific water conservancy, fire
protection, soil conservation.or other district;
Taxes for 1979, due and payable in 1980;
There is also conveyed by quit claim and without warranty an
easement which is appurtenant to the property described
above 'and is granted to the exclusion of all other persons
except the grantors, who reserve unto themselves, their heirs,
successors and assigns the right of use of said easement:
An access and utility easement lying in the SE4NE1/4 of Section
25, Township 7 South, Range 28 West of the Sixth Principal
Meridian, being 60 feet in width and lying 30.00 feet on
either side ,of the following 4escribed centerline:
Beginning at a point whence the East One Quarter Corner of
said Section 25 bears: S. 22°36'21" E. 1436.88 feet; thence
106.73 feet along the arc of a curve to the left, having a
radius of 100.00 feet, the chord of which bears: S. 53°21'19"
W. 101.74 feet; thence S. 22°46'45" W. 83.42 feet; thence
S�SA
(}i.,K 525
76.45 feet along the arc of a curve to the left, having a
radius of 200.00 feet, the chord of which bears S. 11°49`40"
W. 75.99 feet; thence S. 00°52'35" W. 237.39 feet; thence
50.12 feet along the arc of a curve to the right, having a
radius of 200.00 feet, the chord of which bears: 5. 08°03'18"
W. 49.90 feet; thence S. 15°14'01•",W. 182.71 feat, they;-,.
sidelines of the above described easement being'eithez
lengthened or shortened on the ends to terminate on existing
property boundary lines, Garfield County, Colorado.
By the recording of this deed, the grantees assume and agree
to pay one --third of the maintenance expenses incurred for
constructing and maintaining the roadways shown on the 1979,
Subdivision Plat - Plying Bar Ranch, dated February 3,
prepared by Sydney Lincicome, Registered Land Surveyor,
Colorado No. 14111.
.--SIGNED this 23 'day of March, 1979.
STATE OF COLORADO
COUNTY .)F GARFIELD
The fforegoing warranty deed was acknowledged before me
this 23 - day of March, 1979, by Sydney Lincicome, David S.
Hotchkissd MaryCynthia Hotchkiss.
Syd , y iXncicome
avid S. Hotc kiss
Lam'
Mary CCh? a1 chkrss
) ss.
co
an :•`',,,•V1,:,r0a .�'•; ..
Witness my hand and official seal. • Yt
Not Pfiblic -11/r
toyco'mmission expires: ; ego• •J
In
taAR 2. 3 1579
r r:'
Peoord 'State Documentary Fee $?x.20
Recoptior. Ne. `29'26 k M1idredAludorf, Recordor
WARRANTY DEED
Begi.^.r.incl .at a -
604 Se.3 ?.UE F.6
SYDNEY LINCICOME, whose address is P. 0. Box 121,
Carbondale, Colorado, 81623, DAVID S. HOTCHKISS and MARY
CYNTHIA HOTCHKISS, whose address is 178 Euclid Avenue,
Carbondale, Colorado, 81623, for the consideration of One
Hundred Dollars and other
in hand paid, hereby sell
point_
KATHLEEN F. HALL, as joint
good and valuable considerations,
and convey to GARY G. HALL and
tenants, whose address is 0152
Deer Trail Avenue, Carbondale, Colorado, 81623, the following'
real property in the County of Garfield, State of Colorado,
to wit:•
- - -
A parcel of land which is part of the SE'NE' of Section 25,
Township 7 South, Range 88 West of the Sixth Principal
Meridian. Said parcel is more fully described as follows:
Beginning at a Brass Cap in place and properly marked for
the:East Otte Quarter `Cornet 'of said Section 25'; - Said Brass
Cap being the true point of beginning; thence N'. 89°05135."
W. with all hearings contained herein relative to a bearing
of S. 01°47'00". W. on the East line or rite NEi, of said
Section 25) along the South line of said SEhNF•; 322.81 feet;
thence N. 04°54'50" W. 716.49 feet; thence N. 19916'.40" w.
143.93 feet; thence N. 31°05'45" W. 117.77 feet; thence N.
05'07'43" W. 272.70 feet; thence N. 19°40'16" W. 143.00
feet; to a point on the North line of said SE4NE;s; thence S.
88°51'59" E. along the North line of said SWINE; 607.15 feet
to t'le NE corner of said SFpiNE'; thence S. 01°47'00" W.
along the East line of said SE4NE4g 1350.58 feet to the true
point of beginning.
. 171:•
with alk its appurtenances and warrant title to the same,
subject to:
Rights of way and reservations contained in the United
States Patent recorded in Book 265 at Page 66 of the Garfield
County records;
Restrictions recorded in Book 482 at Page 393 and in Book
482 at Page 395 of the Garfield County records;
The zeseivation by the grantors of an access and utility
easement lying in the SEkNE4 of Section 25, Township•7
South, Range 88 West of the Sixth Principal Meridian, being
60 feet in width and lying 30 feet on either side of the
following described centerline:
Beginning at a point on the Northerly lineof said SE4NE4
whence the East One Quarter corner of said Section 25 bears
S. 00°30'38" W. 1350.57 feet; thence 170.61 feet along the
arc of a curve to the. right, having a radius of 140.00 feet,
the chord of which bears: S. 50°39'30" W. 150.66 feet;
thence N. 50'28'00" W. 4266.61 feet: the:,ce 27.23 feet along
the arc of a curve to the left, having a radius of 100.00
feet, the chord of which bears: N. 88°16'03" W. 27.14 feet,
the sidelines of the above described easement being lengthened
or shortened on the ends to terminate on existing property
boundary lines, Garfield County, Colorado.
nc
525 i',11"2[ J
Inclusion in any general or specific water conservancy, fire
protection, soil conservation or other district;
Taxes for 1979, due and -payable in 1980.
There is also conveyed by quit claim and without warranty an
easement which is appurtenant to the property described
above,and is granted,to the exclusion of all other persons
except the grantors, who reserve unto themselves, their heirs,
successors and assigns the right. of use of said easement:
An access and utility easement lying in the SE;sNE, of Section
25, Township 7 South, Range 28 West of the. Sixth Principal
Meridian, being 60.00 feet in width and lying 30.00 feet on
either side of the following described centerline:
Beginning at a point whence the East One Quarter Corner of
said Section 25 bears: S. 22°36'21" E. 1436.88 feet; thence
260.37 feet along the arc of a curve to the left having a
radius of 100.00 feet, the chord of which ,bears: S. 9°20'27" W.
192.81 feet; thence S. 65°15'00" E. 86.08 feet, the sidelines
of the above described easement being lengthened or shortened
on the ends to terminate on existing property boundary
lines, Garfield County, Colorado.
By the recording of this deed, the grantees assume and agree
to pay one-third of the maintenance expenses incurred for
constructing and' maintaining the roadways shown on the Subdivision
Plat - Flying Bar Ranch, dated February 3, 1979, prepared by
Sydney Lincicome, Registered Land Surveyor, Colorado No.
14111.
..
SIGNED his ;r3' day of March, 1979. _
STATE OF -COLORADO
COUNTY OF GARFIELD
The foregoing warranty deed was acknowledged before_me
this day of March, 1979, by Sydney LincicamerDal,fd' 8 ,.
rr73„
Hotchkiss and Mary Cynthia Hotchkiss. a' y ‘.`•
Witness'ft
my hand and official seal. `a .r`�•�, '
:.s i
r -
Not" rl' nuf.
David 5. Hotchkiss
4ary Cy
}
) ss.
thia /Hotchki s s
My commission expires: FEa. ip, 11W°
-2-
_V•
(J
41 43
r MAR '' )EVS
caordd L State Documentary Fee $ — 2 3 1979
-l�cr Y' t•[
ecoptionNo, "" 111dredAledorf RGCorder
WARRANTY DEED
SYDNEY LINCICOME, whose address is P. O. Box 121, Carbondale,
(Colorado;] -81623 Eand0DAVfDf.-tHOTCHKISS and!NARY CYNTHIA"
HOTCHKISS, whose address is 178 Euclid Avenue, Carbondale,
Colorado, 81623, for the consideration of One Hundred Dollars
and other good and valuable considerations, in hand paid,
hereby sell and convey to SYDNEY LINCICOME and AIMEE ELIZABETH
LINCICOME, whose address is P. O. Box 121, Carbondale,
Colorado, 81623, the following real property in the County
r• r..,. n• :.-: - -•
of:Garfield, State of Colorado, to wit:
.'A parcel of land which is part of the 5E1NE1 of Sectior. 25,
Township 7 South, Range 88 West of the Sixth Principal
Meridian. Said parcel of land is more fully described as
.follows; Beginning at a Brass Cap in place and properly
marked for the•East One Quarter Corner of said Section'25;
thence N. 01°47'00" E. along the East line of said SE4NE'
(with all bearings contained herein relative to a bearing of
S. 01°47'00" W. on the East line of the EVE of said Section
25) .1350.58 feet; thence N. 88°51'59" W. along the Porth
line. of said SE1/4NE4-.607:-15 :feet to the true point of .-beginning;
thence S.' -19°44'16"•E;••].43:00 feet; thendc S•5°07'43"'E:
272.70 feet; thence S. 31°05'45" E. 117.77 feet; thence S.
19°16'40" E. 143.93 feet; thence S. 79°10'30" W. 924.12 feet
to a point on :-he West line of said ST'YflE ; t e nota. N. 02'03113
E. along the West line of said SE;NE; 830.8GG feet; thence S.
88°51'59" E. along the North -Line of said SE/414E1/4- 697.16 feet
to the true point of beginning.
with all its appurtenances and warrant title to the same,
subject to:
Rights of way and reservations contained in the United
States Patent recorded in Book 265 at Page 66 of the Garfield
County records;
Restrictions recorded in Book 462 at Page 393 and in Book
482 at Page 395 of the Garfield County records;
Inclusion in any general or specific water conservancy, fire
protection,. soil conservation or other district;
By the recording of this deed, the grantees assume and agree
to pay one-third of the maintenance expenses incurred for
constructing and' maintaining the roadwasy shown on the
Subdivision Plat - Flying Bar Ranch, dated February 3, 1979,
prepared by Sydney Lincicome, Registered Land Surveyor,
Colorado No. 14111.
ti
90X 525 :r,E 55
Taxes for 1979, due and payable in 1980;
SIGNED this
da of March, 1979.
;13r day
Sydne in come
David S Hitch ].ss
' ffl 4in / �a 4Ft 4�
Mary C&nth_'a Hotchkiss
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
The foregoing warranty deed was acknowledged before rhe
this 71fA day of March, 1979, by Sydney Lincicome, Day3.1,oS;:: r J
Hotchkiss and Mary Cynthia Hotchkiss.
Witness my hand and official seal.
Notary lZPuo1ic
My commission expires: E . %L, MO
ti
41Y: -tib
7 �0 MAR 2 3 1979 -
R000rded 2-
Racepti o:l h2.92896Mildred Alsdori', Reeordo
'WELL -AGREEMENT
c u rn 525 ?lg.. 5S
THIS .AGREEMENT made and entered into among SYDNEY
and AIMEE ELIZABETH LINCICOME,
LINCICOME/ [Lincicome) and DAVID S. HOTCHKISS and MARY
CYNTHIA HOTCHKISS, (Hotchkiss) and GARY G. HALL and KATHLEEN
F. HALL, (Hall),
WITNESSETH:
WHEREk':0, Hall is the owner of the real property described
as Parcel e.. Hotchkiss is the owner of the real pLoperLy
described as Parcel B, and Lincicome is the owner of the
real property described as Parcel C, as described more fully
in Exhibit "1" attached hereto and incorporated herein;
WHEREAS, the parties contemplate drilling a water well
at a location to be determined on the property described in
Exhibit "1", and in conjunction therewith installing a pump
and pipelines, and providing a water supply for domestic
purposes to houses which may be built in the future on said
Parcels A, B, and C;
AND WHEREAS, parties are desirous of setting forth
their agreement for the construction, continued maintenance,
operation, and" improvement of such water facility for the
use and benefit of the property described in Exhibit "1";
IN CONSIDERATION of the mutual covenants and agreements
contained herein, the sufficiency of which is acknowledged,
the parties agree as follows:
1. The parties agree to equally share the expense of
drilling the well and all costs of materials and labor for the
installation of the pump, water supply pipelines, and any
other equipment installed in conjunction with said well, and
to equally share all of electricity and utility charges
incurred in connection with the operation of said well.
2. The parties agree to equally share the expense of
all repairs,' maintenance,• improvements, and all other costs
and expenses incurred in connection with said well from and
after the date hereof.
]!IIK 525 p,.r.E 59
3. Each of the parties shall own an undivided one-
third interest in said water well, the water rights appurtenant
thereto, and the pump and miscellaneous equipment used in
connection with said well. Each of the parties shall have
an equal right to use of the water from said well. However, no
party shall use said water other than for purposes authorized
Ly Lhe well permit, or in such a fashion as to damage the
well or pump equipment.
4. Each party agrees that the well to be drilled in
the future may be drilled on his•proper•ty, and each party
agrees to perform whatever acts are necessary to give
meaning and effect to this agreement.
5. The party owning the property on which the well is
ultimately located hereby grants unto the other parties an
easement across his property for the purpose of providing
the right of access to said well for the purpose of drilling,
construction, installation, and maintenance thereof, and for
the purpose of installing and' maintaining an underground
water supply pipeline from said well to the properties owned
respectively by the -other parties. ,
6. Each party hereby grants unto the other an easement
across his property for the purpose of construction, installation,
and maintenance of the water"lines and water system as set
forth herein -
7. This agreement shall be binding upon and•inure to
the benefit of the respective heirs, successors and assigns
of the parties hereto, and may be modified only by written
agreement executed by the parties hereto or their successors
or assigns. Any subsequent conveyance by the parties hereto
of the property owned by them and described herein shall be
subject to the terms of this agr ement.
Syd
y
4/4
ncioom David S Hotc kiss
.a
notch} s .
Kathleen F. Hall
ir ..
Aimee • .za•e ij Lincicome
My C077iSSI= nxpires:•
e...1. -„E (-;(1
STATE OF.COLORADO
SS.
COUNTY OF GARFIELD
The foregoing agreement was acknowledged before
this 1-3,4 day of March, 1979, by Sydney Lincicome,
Hotchka.ss, Mary Cynthia Hotchkiss, Gary G. Hall and
Kathleen F. Hall, and Aimee Elizabeth Lincicome.
Witness my hand and official seal.
Notary
My commission expires: Tea. 13, 1914
•••
"A" BMX 525 FE 61
1;•,rc..:1 of 1!I1a p;irt of 1.1,.2 .2Lf' -pctior. 2rjjr. 7
• "::out'r. P8 Wr:Lt of T'cinc.W1 Thiq nfircol .1n
• .1:y
a urn:vs Co fr plaoa And 'proT.r.rly rr..nr;:ild for V.111 RtItt Ono
001-2,nr of rriid :notion 2ti 7.-rf,nu Cap bAinr: .thn tri n point
1.)174nninF; theneA 7.%,o9'0::1347,%?. (with !,11 1.-*_Trinru oontmlnni riw:rnfn
T.I.f.ce,ve to :1 i." i' of ...)147100".c hn Mut ling f -0!n .of
'.'ection951 k.toz:f.- the .:out* ef n2.I filet; thcindc
:::'-049E41.-E0n.7147;:451 fat; thepao7.:= 1916'.40"74 "1.11.5.”..feoqr..thf.nce .
:i1'05)45PW 117.77 tcict; thonoo fnet; thire
1?'40116"W 145.0C fnnt; to h r,oirt on 'A:: ;;r.rth Jtnn of unici
W5"59"E niOnr t.nnutt lfno 607.1!P fnnt 10
c7 -r Oi .,RU thnnen th.? 7..azt
of r,L.1 fe:-,t. to tho t•rue rntr. IvIp.Innin, Garfield
County, Colorado.
• :70r4.1,17:Y
• 4 • •
TAren1 of 1atd whf,:h is part of ill:: To.Mp
'.6L-1._Vi9st of tho I SiILp:CrCi•:1
Tr.otA s- • n••,- •
,Berinr.',.:07 At s. arnno: Cop tn rlsca .3%t4 q7:tn
snl.j•ctien 25; t'nonen n13-nr t F.Autl^
;••:7.•: • ;;,-.;.rtn•-•;, •1%!to-t *.-•
-.ho Sant
.-fl•c-z to 1.-:;•,11 true pe:ir..,t1 r0;Frico
n'arn,7 1:rro rn..r .
rn1 nlont-
fort: t:-:nnors n'1015C.13 e24:11: f'.ct; t.;-vsn
t7f'et z -Et the. tr" Point .0!.* -7-'-'.g.%'431"!rEp Garfield County, Colorado.
"C"
-..
,.;i ,. .i.: r.
.:,):
:
to 131:.:th Principi:._
f -.1711y drf:c!.:11 oF fo'llc.-,cs:
.:- ;:t a.6 -Ass Cai :-1 pl!ien nrd x.2., -.7—r.. :..:vnr?. fOT 'L..f,. -i:t
. .
.rten Corr er of 2111:1 :ctic.t 21-.1; .thnnoA V :.,1'.YI'00"1': olz',r. t7nn ?.,int
lite of sid'.1 s,7; (".7ith oll bearinwo acrt:c: h..7rn
bek.r::Lt cli' ..: 01'4.71C0"17 _•2-: thn Epv3 iTh,; of the ;.Y.:of .. .!ctic!ri 1fl
1.7.C.). -fect: thaneo ;.; S.:.%::liliti.'i nlong tlin ..o.rtn _IFC
607.15 feet to ti- t.;.:(1 pelnt ollboginning; thcmce $ a940'16".:'1
fe:et; .t.11oneo 6*C7'41'!" 272:70 font;.thnnon 13105r4F."7, :127.77. 1%-.0t;
7.hnntl S 19'16.140"1'. 14.. fftet;17nonce '... 11710':2.1)"'.7 924.22 font .to a..
thq ;7fec lin* of cl.rid. -il:].-:!- tilr..c 0:4!.o3'le-: ninnr
7;evt int-, of rufa 27.7..:7,. ;50.;if-, f. -,6t; th:Lic.o. .. !:3E3.'f:9".:. nlong the
-ort7ri lire oi' snfa :V,.;:i:.;. 697..16 f.:,et to thr: tt.::,-. pot of b2rinhfr.g1
Garfield County, Colorado. , .
Ti., above..1.c.:..cr.ilnd .F.,rw6ii: of.,lanalin:: 1.7,,5 lacref, nore 6r acus;
'• . .-
incurred in
- EXHIBIT 1.
connection with the operation of said well.
2. The parties agree to equally share the expense of
all repairs,' maintenance, improVements, and all other costs
and expenses incurred in connection with said well from and
after the date hereof.
'4:... S:. !: THE :•.PTI•'?', . ,. 1$L
STATE OF COLORADO
County of Garfield
Recorded at 011 U L�,-,y,:;;_,ti� APR 2419-04
] Re ept[on No
4331G59
•159 MILDFIED ALSDORF, RECORDER
j ss GARFIELD COUNTY, COLORADO
600x 648 Ng4dID
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners'
Annex in Glenwood Springs on NondAA. , the�day
Of' ::Aisril 3 ; �i.D. '19 $ ::i 'thea a Hese: 'lac esent; ..: i : 1nm
Larry Velasquez
Flaven J. Cerise
Eugene "Jim" prinkhouse
Earl Rhodes
Mildred Alsdorf
, Commissioner Chairman
• Commissioner
, Commissioner
• County Attorney
• Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 84_71
A RESOLUTION CONCERNED WITHITHE•'APPROVAL',OF A SPECIAL,USE-PERMIT••
APPLICATION BY"STEVEN AND 'KIMBERLY' MORELLL: r ri c, r Chun
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, has received an application from Steven and Kimberly Morelli
for a Special Use permit for a mobile home as a principal use of a lot
on the following described tract of land:
A parcel of land which is part of the SE 1/4 NE 1/4 of
Section 25, T7S, R88W of the Sixth Principal Meridian.
(in the State of Colorado and the .County.of Garfield) and- -
; of the aH ,•ia h' I tC?,. o.` nr
, WHEREAS, pursuant to required public notice, the Board conducted a
public hearing on the 16th day of April 1984 , upon the question
of whether the above described Special Use permit should be granted or
denied, at which hearing the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said
Special Use 'permit; and
WHEREAS, the Board on the basis of the evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That proper posting, publication and public notice was provided
as required.for the hearing before the Board of County
Commissioners. - -
2. That the hearing before the Garfield County Commissioners was
extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were heard
at that hearing.
3. That the proposed special use conforms to Section 5.03 of the
Garfield County Zoning Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County,
Colorado that a Special Use permit be and hereby is authorized permitting
the use of the above described tract of land for a mobile home as a
principal use of a lot, upon the following specific conditions:
60 days c3 f re p. Jce:nent of the
BOOK 643 PGGE42O
1. That the use of the tract of land comply with all present and
future regulations of Garfield County relating to the location
and use of mobile homes in the zone district in which the
property is located.
2. That, prior to the issuance of the authorized Special Use permit,
the above described tract of land shall be severed from any other
tract of:land upon which there may exist a principal use unless
such other principal use has been terminated at the time of the
issuance of the Special Use permit.
3. The applicant shall make application for the required County
building and sewage disposal permits prior to issuance of the
land use permit for the mobile home. The building, sewage
disposal and land use permits shall all be issued simultaneously.
4. The individual sewage disposal system and water supply system
shall be available prior to occupancy of the mobile home.
5. Skirting around the mobile home shall be securely in place within
60'days 'afte placement,of-the mobile home. No storage shall be
allowed underneath or outside of the structure. The building
official may require tie downs in areas subject to high winds.
6. That the mobile home make, year, list price/new purchase price
and serial number be submitted to the Planning Section prior to
issuance of the Mobile liome Special Use permit.
7. The Special Use permit shall be valid for a period of one hundred
twenty (120) days from the date of issuance thereof unless
construction or use has commenced thereunder; and if. construction
or use has not commenced within this specified period, the permit
shall expire.
$. 'The mobile -home must—have a minimum of 720 square feet.
9. The mobile home shall be placed on a permanent concrete or
masonry footer.
10. The applicants shall have 120 days from the date of the
Resolution of Approval to meet all conditions as set forth in the
Resolution.
11. Two hundred dollars ($200.00) shall be submitted to the
Department of Development for the School Impact fee prior to
issuance of the Special Use permit.
Dated this
ATTEST:
.r.j
day of
, A.D. /9�T
GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
r
hair
upon motion duly made and seconded the foregoing 50 tion was
adopted by the following vote:
Larry Vrlasauei
Flaven J. Cerise
Eugene "Jim" Drinchclogo
Ay e
Aye
Aye
he Boar,1 n ,-,.uni } :'r•rr, l si n.•.
STATE OF COLORADO )
County of Garfield )
BOOK 648 r E42i
I� , County Clerk and ex -officio Clerk
of the Board of County Commissioners in and for the County and state
aforesaid do hereby certify that the annexed and foregoing Order is truly
copied from the Records of the Proceedings of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said County, at Glenwood Springs, this day of , A.D.
19
of the Board of County Commissioners.
County Clerk and ex -officio Clerk
•
Lo _o:.
Recorded at '}= / - f 'i _NU 14 q 5
Reception No JG. = `t MILDRED AL:'.DORU. flECOROER
GARFIELD COUNTY. COLORADO
HOLY CROSS ELECTRIC ASSOCIATION, INC.
RIGHT--OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
STEPHEN A. AND KIMBERLY D. MORELLI
SOOK 678 P=tE867
(hereinafter called "Grantors"), for a good and
valuable'consideratibn,-the receipt whereof is
hereby acknowledged, do hereby grant unto HOLY CROSS
ELECTRIC ASSOCIATION, INC., a cooperative corporation
whose post office address is P.O. Drawer 2150, Glenwood Springs, Colorado
(hereinafter called "Grantee") and to its successors and assigns, the right
of ingress and egress across lands of Grantor, situate in the County of
Garfield, State of Colorado, described as follows:
A parcel of land situated in Section 25, Township 7 South, Range 88
West of the 6th P.M., as more fully described in Book 590, Page 38, of
the Garfield County Courthouse, Glenwood Springs, Colorado.
And, to construct, reconstruct, enlarge, operate, maintain and remove an
electric transmission or distribution line or system, within the above
mentioned lands, upon an easement described as follows:
An easement twenty (20) feet in width, the centerline for which being
overhead power facilities, the approximate location of which upon the
above mentioned property is shown on Exhibit A, attached hereto and
made a part hereof by reference. This document specifically allows
the installation and removal of additional overhead conductors, cross
arms, poles, down guys with anchors, and/or related equipment upon the
easement described by the attached Exhibit A. It is understood that
all anchors and guy wires may be outside of the twenty (20) foot
easement.
And,-in`addi'tibn,-Grantors hereby grant to Grantee, and to its successors
and assigns, the right to -clear all trees and brush, by machine work or
otherwise, within said easement, and the further right to cut trees, even
though outside of said easement, which are tall enough to strike the wires
ir. falling.
Grantors agree that all poles, wire and other facilities installed by
Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantors covenant that they are the owners of the above described lands and
that the said lands are free and clear of encumbrances and liens of
whatsoever character, except those held by the following:
TO HAVE-AND'TO HOLD',"said right-of=way and easement, together with all and
singular, the rights and privileges appertaining thereto, unto Grantee, its
successors and assigns, forever.
IN WITNESS WHEREOF, Gr ntrars have caused these presents to be duly executed
on this S day of fk eer,(--e_e. , 1985.
AfIC??/‘‘a.'
STIrEPHEN A. MORELLI MBERLY
STATE OF COLORADO)
)ss.
MORELLI
COUNTY OF GARFIELD)
Th fore oing instrument was acknowledged before me this ii day of
ITPAPV.NLCO , 1985 by STEPHEN A. MORELLI AND KIMBERLY D. MORELLI.
" WliNESS my hand and official seal.
,1.c," p mmission expires:&0-4-4-i17-111L G�u1G�-6'.-41fi.114,..):1/.1L::,tel al gii."0/
(Jo64185-10947:65-25:Morelli, Steve)
•
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1 /4 c-0174,1F_K-
T,
10\
NOV-2-7:1985 .
""- -Recorded ' -Rorded at o'ciockuJ --
M
Fidel:Won No. MILDRED AL•SDORF, RECORDER
366912 GARFIELD COUNTY, COLORADO
HOLY CROSS ELECTRIC ASSOCIATION, INC.
RIGHT-OF-WAY EASEMENT
6008
b"?racEf�i
KNOW ALL MEN BY THESE PRESENTS, that the 'undersigned,
MAZY CYNTHIA HOTCHKISS AND DAVID S. HOTCHKISS
(hereinaf,t
en.pall.ed "Grantors"), for.a good and
valuable consideration, the receipt whereof is --
hereby acknowledged, do hereby grant unto HOLY CROSS
ELECTRIC ASSOCIATION, INC., a cooperative corporation
whose poet office address is P.O. Drawer 2150, Glenwood Springs, Colorado
(hereinafter called "Grantee") and to its successors and assigns, the right
of ingress and egress across lands of Grantor, situate in the County of
Garfield, State of Colorado, described as follows:
A parcel of land situated in Section 25, Township 7 South,' Range 88
West of the 6th P.M., as more fully described in Book 525, Page 52, of
the Garfield County Courthouse, Glenwood Springs, Colorado.
.. _ .7 :. -ho - ,. :vCS CJ:
-And, ;to construct, reconstruct„ en].axge,f oper.,ate.,, rlaintain and,- remove an
_electric transmission or distribution line or system, within the above
mentioned lands, upon an .easement described as follows:
An easement twenty (20) feet in width, the centerline for which being
overhead power facilities, the approximate location of which upon the
above mentioned property is. shown on Exhibit A, attached hereto and
made a part hereof by reference. This document specifically allows:
the installation and removal of•additional-overhead conductors, cross
arms, poles, down -guys with anhors, and/or related equipment upon the
easement des!:ribed by the attached Exhibit,A. It is understood that
all anchors and guy wires maybe outsideof the twenty (20) foot
I)A'fu"s: • r.OTcH . •
And, in addition; Grantors hereby gra. to Grantee, and to its successors
and assigns, the right to clear all trees and brush, by machine work or
otherwise, within said easement, and the further right to cut trees, even
though outside of said easement, which are tall enough to strike the wires
in falling.
Grantors agree that all poles,.wire and other facthties installed by
Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantors 'covenant that they are the owners of the above described lands and
that the.said;lands.,are,-free and clear of\,encumbrances and liens of,-.
whatsoever character, except those held by`the following:
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and -
singular, the rights and privileges appertaining thereto, unto Grantee, its
successors and assigns, forever.
IN WITNESS,j91HEREOF, Gr tors have caused these presents to be duly executed
on this \�; day of JL41.4'7at ) , 985.
MARY C'XNTHIp. H
TCHKISS DAVID S. HOTCHKISS
STATE OF COLORADO)
)ss.
COUNTY OF GARFIELD)
Thiccforegoing instrument was acknowledged before me this 164-% day of
n3i.^rr:l'oR;.0 , 1985 by MARY CYNTHIA HOTCHKISS AND DAVM, .04v....•,,
HOT HKISS.:;: ,;>
WITNESS my hand and official seal. �!-
1 r
My commission expires: i 0 _ , •j 1].i,,.�.
a- �y ' `r
Address: ARHUi; Ib V;LM,lGtO?80302
(Job#85-10947:65-25:Morelli, Steve)
L, ..
L c Ag
.11
t"1"---;01 fS r�fcL fir
•
•
■
,LL
T, ye AC:REr.,.rti^` .py dq nn,', thin JRO n;.. ...r
in I.." -i 1r:.9 of. griction ='lip 7 South, Range
c
BOOK 861:.,::468
AGREEMENT FOR ROAD IMPROVEMENTS
ON COUNTY ROAD 103
RECORDED A F.•5 O'CLCCK,O.M. M 4 1993
REC p nark e .+ MILDRED ALSDORF. COUNTY CLERK
' TfiJSR AGREEMENT: made' and entered into this . 1 9' day of
1�1%J1 , 1993, by and between Casey Concrete Co., a
Colorado C6rporation, hereinafter rel:orred to as "Casey", and the
Board of County Commissioners of Garfield County, Colorado,
hereinafter referred to as the "County", who contract and agree as
follows:
RECITALS
WHEREAS, Casey has made application to the County for a zoning
Special Use Permit for processing .in handling of natural
resources, specifically the operation :.t a concrete batch plant,
to be located on a parcel of land in the unincorporated area of
Garfield County known as the Blue Gravel. Pit, legally described as
being in portions of sections 25 and 26, Township 7 South, Range
88. West, 'of the 6th Principal: Meridian; and
WHEREAS, the applicant proposes to nse County Roads 103 and
104 for vehicular access to its concrete batch plant operations
from State Highway 82. The proposed operations have been projected
to produce varying levels of heavy truck traffic depending upon the
demand for concrete produced, with estim.ltes ranging from four to
five truck tripe per day to approximately 54 total trips por day;
and
WHEREAS, the parties agree that given the current condition
of C.R. 103, from S.H. 82 to the intersection with C.R. 104, that
it is inadequate to provide safe vehicular acceas'for Casey's
proposed operation -until and unless certain specified improvements
are made to it and it is maintained to a specified level; and
WHEREAS, Casey does hereby contract and agree to make certain
specified improvements to C.R. 103 and to maintain the road to a
certain specified standard in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, THE PARTIES CONTRACT AND AGREE AS FOLLOWS;
1. Prior to the County's issuance of a special use permit to
Casey authorizing the erection and operation of a concrete batch
plant upon the subject parcel in accordance with the terms and
conditions of approval set forth is the County's resolution
granti.ng approval to the zoning application, Casey agrees that it
will be responsible for constructing certain improvements to C.R.
103, from its intersection with S.H. 82 to the intersection with
C.R. 104, in order for that section of C.R. 103 to be in
substantial compliance with the Garfield County Road
Specifications, adopted and enacted on .April 24, 1978, a copy of
\. which is attached horeto and incorpora:!.nd heroin by reference.
1
3. Case, shall be deemed achieved satiafactcr
•
n, na,
,.:.�,. for,anlcri�rl •icJ
oC 'r:ra".r„�r'.�Li.�,r.. Cuz,e•1'-
soon 8512tc 499
2. The parties recognize that the adopted county road
standards were designed for the construction of new roads and that
C.R. 103 is an existing road for which it is not reasonable to seek
total compliance with the county road standards.
3. Casey shall ,be•, deemed to have achieved satisfactory
compliance with the adapted county xoad.standards,,auffielent.te
obtain the issuance of a zoning special vse permit for the proposed
concrete batch plait operation upon completion of the following
improvements to C.R. 103, to the county's satisfaction;
a. A minimum roadbed width of t-.•nntyeix feet, with two foot
gravel shoulders on each side of the traveled section,
constructed in accordance with the adopted county road
specification's, as amended herein.
b, The driving surface of the roadbed, for that portion
which is widened in order to achieve a twentysix foot width,
shall consist of either two layers of .75 inch chips or a 1.5
inch asphalt mate meeting applicable Colorado State Department
of"Transportation ,Current Specifications for material and
construction methods, at Casey's option. The driving surface,
together with any base or sub -base which may be required in
order to achieve compliance with the adopted county road
specifications,shall be constructed in accordance with a
detailed road plan to be developed by Casey,, subject to the
County's review and approval. Casey may request that
application of the specified asphalt mat be deferred to a
specific date certain, after the County's issuance of the
special use permit, due to inclement weather conditions or
other good cause, as determined by the County. Casey's
request to the County shall be .in writing and shall specify
the particular reasons for delaying the application of the
specified asphalt mat. It shall
e bein tthe
exCounCounty's
grant
discretion as to whether or not g
Casey's request to defer installation of the specified asphalt
mat to a date certain.
c. Solely for the purposes of his agreement the adopted
County Road Specifications aro emended by deletion of the
following specified sections: 1- Right -of -Way, in its
entirety; XX. Road Construction, A; IIS. utilities, in its
entirety; IV. Roadway Design Criteria, A, C, D, E, F; V.
Project Plans, 8, C, D1 VI. Drainage Structures, A, C.
d. In lieu of the deleted provisions of the County Road
Specifications, the following standards, in addition to those
previously specified herein, shall apply to Casey's
construction and maintenance of improvements to the specified
section of C.R. 103: -
i. positive drainage shall be achieved;
ii. areas where the road aurfr.,:u has settled are to be -
regraded to plan and specificat].3O , with culverts to be
2
r
1
i
(,
Ce4 tele
And ke,-` r :-action and notcLiain
her -H-1 l tucpon ..
rro..dway nn .•n nlq inq basn.
n nce BDAa BU1�Sfi500
repaired or replaced as indicated on Lhe plans;
iii. shoulder drainage shall be improved by construction
of bar ditches as required to achieve positive drainage;
iv. in those. sections of the road where the existing
surface is to be widened the existing mat shall be neat lined
where it abuts the new road nurfacn•;
v. a soils engineering report from a qualified
geotechnical firm shall be obtained evaluating the
requirements,for„beee,and sub -base constructiereand,materiala
for-thosesections of -the road way which. aro pa be widened in
order to achieve the twenty-six foot wide roadbed, and Casey
shall comply with the recommendations in such report regarding
theconstruction and materials for the required base and sub-
base.
e. Casey shall install additional txaffic control
devices within the specified section of C.R. 103,
specifically, truck traffic and truck turning warning signs.
Signage shall be installed in conformity with the Manual for
Uniform Traffic Control Devices.
4. Upon completion of the improvements to C.R••103 specified
herein Casey shall be responsible for maintaining that section of
roadway on an ongoing basis. Such maintenance shall include
regular and periodic crack sealing, pot hole patching, and seal
coating of the roadway paved surface. These activities shall be
performed in accordance with generally accepted industry standards.
5. A qualified independent prafeete_cnal geotechnical or civil
engineering firm shall be retained by Casey, at its expense, and
acceptable to the County. This engineering firm shall be
responsible for conducting a baseline evaluation of that section
of C.R. 103 which is the subject of this agreement, locating survey
stations as appropriate, and Conducting periodic evaluations of the
status and condition of the roadway. Such evaluations shall occur
twice per calender year from the County's issuance of the zoning
special use permit to Casey. The first evaluation in each calender
year shall be performed between March fifteen and April fifteenth,
the second evaluation .shall be performed between September
fifteenth and October fifteenth. Both the baseline and periodic
evaluations shall be conducted in accordance with the provisions
of The Asphalt Institute's "A Pavement Rating System for Low-volume
Asphalt Roads", Information Series No. 165 (IS -169), November 1977,
a copy of which is attached heretoand incorporated herein by
reference. Copies of he engineering firm's reports shall be
furnished to the County upon receipt by Casey.
6. Should the independent engineering firm's periodic
evaluations find and determine that the condition rating for any
section of the subject roadway has a score of less than BO, subject
to a margin of error of (+)(_) 5 paints, for an acceptable score
in the range from 75 to 85, Casey shall he responsible for
3
County'., env_'.'• .nd approval, in Gest. :• -:
,--nditir.r 1031,t 80. Corey's
n;!n hnart_e obr:;ati -
•.-e
hn deemed suspeclei.
"-.,,
BOOK 8611..! X01
performing, or causing to be performed, such remedial actions, as
recommended by the independent engineering firm, subject to the
County's.review-and approval, in order for the subject section of
roadway to achieve a, conditiOn ratinyt of at. Least S0i, .Casey. s
obligation'for pbr£ormanca'of any remedial work'sha1i"be'Iimited
to the downhill lane of C.R. 103, from its intersection with C.R.
104 to its intersection with S.H. 82.
7. Should Casey suspend operations of the concrete batch
plant, located in the Blue Gravel Pit, for which it has received
a zoning special use permit, for a period in excess of thirty days,
it shall provide prompt written notion of such suspension of
activities to the County. Should Casey resume permitted
operations, following issuance of the notice of suspension, it
shall forthwith provide written notice of such resumption to the
County. During the period following the County's receipt of notice
from Casey, until the resumption of operations, any of Casey's
ongoing road maintenance obligations shall be deemed suspended.
However, such suepensioh'ahall not apply to any required remedial
work which resulted from road deterioration which occurred prior
to the County's receipt of Casey's notice of suspension of its
activities at the pit.
8. This agreement shall remain inrfull force and effect for
the terra of the zoning special use pnnni.t for a concrete batch
plant on the subject property. This agreement shall he binding
upon the partys' heirs, successors, and assigns. Should Casey, its
heirs, successors, or assigns, notify the County in writing that
it has, or will by a specified dater., cease to use C.R. 103 for
vehicular access from S.H. 82 to concrete batch plant facilities
on the subject property, this agreement shall 'be deemed to be
terminated as to Casey's ongoing maintenance obligations, as
specified herein. This agreement shall be deemed effective only
if the County issues a Special Use Permit to Casey for the subject
facility which authorizes and requires that access shall be off of
C.R. 103.
9. For the purposes of this agreement the names and addresses
of the parties are as specified hereinbelow:
GARFIELD COUNTY:
GARFIELD COUNTY ROAD & BRIDGE SUPERVISOR
P.O. BOX 2254
Glenwood Springs, CO 81602-2254
Telephoner 303-945-6111
Casey Concrete:
RICHARD CASEY D/D/A
CASEY CONCRETE, CO.
P.O. BOX 1815
Rifle, CO 81650
Telephone: 303-625-3489
1
•- -�,. C,rry
861
took 8614c;502
10. This agreement may only be amended by a written agreement
signed and executed by the parties hereto.
Done at Glenwood Springs, CO, on the day and year first
abovewritten.
ATTEST:
CASEY CONCRETE, CO.
1.1.6? • •
Richard N. aaey
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLO *0
/l
Elmer "Sucke banaY
Chairman
5
RtGORJEJ // .e'L C1Cr4"AI' cR� Cti��r1 46I425lr'
AUG 9 1994 MLL:)H'._0 4LS'0ORF, GA RFL LD COUNTY CL. -:JK
BOOK0912 i)",C 899
PRIVATE ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of December, 1993,
by and between the owners of land described in the Garfield County Clerk and Recorder's
office as follows:,
A parties hereto arc e.i:lh separate owner,:. described on the
OWNERS RomidusnmkGrLiwiedita.
Edward Collum and Cynthia Chardonnay 758/208
Shelly Gross and Annie Gross 772/965
Michael Hammes and Lenore Hammes 772/965
Rob Hunter and Patti Hunter 768/68
Terry Kirk and Julie Kirk 717/921
Lisa Kruideuier and Joe Scofield 787/966
Lisa Kruidenier and Joe Scofield 841/245
Kristen Lawrence 837/521
Phil Miller and Sally Miller 878/499
Steve Miller and Dawn Miller 841/987
Gregory Peters and Brenda Ftters 753/2
Christopher Sommer 521/568
Ron Tarrson .754/612
Ron Tarrson, Trustee, etc. 805/343
Dave Zimmerman and Sally Zimmerman 824/620
WHEREAS,,theparties hereto are each separates owners of land described cn the
book and page,num1 ers as indicated above., Said parcels are adjacent to that roadway
known as the Rimledge easement.
WHEREAS, the parties hereto have each been granted a right of way along the
road appurtenant to their homesites for purposes of ingress and egress to County Road 100
in the Carbondale, Colorado area.
NOW, THEREFORE, in consideration of the mutual promises and terms contained
herein, the parties hereto agree as follows:
1. The access road serving the homesites of the parties hereto shall be maintained
by all the landowners served by such road and each owner shall pay his/her pro rata
share of such maintenance and upkeep.
2. The provisions of this agreement shall run with the land of each of the
above described parties and shall be binding upon and inure to the benefit
of the successors and assigns of the parties hereto.
3. A board of directors comprised of homeowners shall be elected by
November 1st each year. Said board shall handle the administration of
said maintenance and upkeep.
7
Page 1 of 2
SS
Boox0912 ncr900
4. A copy of this document may be executed by each party, separately, and when
each party has executed a copy thereof, such copies taken together shall be deemed
to be a full and complete contract between the parties; /"4; ;'✓� ' •
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
4-2.i 4/
STATE OF COLORADO )
: ss.
County of—Gat—Fre—id)
Subscribed and sw rn to before me this7day of December, -993 by
CS -
Tc -Ln e I q9 cri
Witness my hand and official seal.
f.nexpire $'22/x5
My commission expires:
Notary Public
1. rY-74
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s wyt
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:Receptions: 847282
'06812014 03 V. 24 PM Jean Plbernco
1[il 4 Rec Fee $Q ❑0 Doc Fee 0 00 GORFIEI.D COUNTY C0
LAND USE CHANGE PERMIT
for
Sondra T and Peter S. Welles
An Accessory Dwelling Unit located at 5343 County
Road 100, Carbondale, CO 81623
.I;i1L;...._,,, UUL, ..: RI UHlcl 1,,
1(I,b'cated 1fii Se&tiori'25,1 Toivr► hi 71Sdtiih, Range 88 West of the 6th P.M., Assessor's
Parcel No. 2393-251-00-151 and as more, fully described in Resolution No. 2012-53)
In accordance with and pursuant to the provisions of the Garfield County Unified Land Use
Resolution of 2008, as amended, and Resolution No. 2012-53 of the Board of County
Commissioners of Garfield County, State of Colorado, the following activity is hereby
authorized by Land Use Change Permit:
An#ccessory` Dwelling Unit�(GAPA-7155)'
This Land Use Change Permit General Administrative Review with Reconsideration of the
Director's Determination by the Board of County Commissioners is issued subject to the
conditions contained in Resolution No. 2012-53 and set forth in Exhibit "A" and the approved
Site Plan, Exhibit "B" (attached hereto) and shall be valid only during compliance with such
conditions and other applicable provisions of the Garfield County Unified Land Use Resolution
of 2008, asamended, Building Code, and other regulations of the Board of County
Commi'ssiQners of Garfield County, Colorado.
ATTEST:
G LD COUNTY BOARD OF
OUN COMMISSIONERS,
ARFZE D COUNTY, COLORADO
erk of the Board
Date
ReceptlQn#; 347232
(Yi110120E4 03.07 24. PM ..vxn P1ber.lao
0 4 nee Fe02•50 on D., ree:0.00. Gt1RF1ELD COUNTY CO
Exhibit A
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Director Decision.
2. The proposed Individual Septic Disposal System for the Accessory Dwelling Unit
shall meet all local and State health regulations and shall be designed by a Colorado
Registered Professional engineer if determined necessary based on percolation test
results. The system shall be sized for two dwelling units and the total number of
proposed bedrooms.
3. The Applicant shall maintain compliance with the existing well permits, well
sharing agreement and Basalt Water Conservancy Contracts as represented in the
Application. The Applicant shall construct the new components of the water system prior
to issuance of a certificate of occupancy for the proposed Accessory Dwelling Unit.
4. Prior 'to '' then is'sutance''of��the"'A Irfiiiis ative rLand''Use �Cha�i �l'`Pe fn`i{;` the
Applicant shall provide an updated water quality test reflecting compliance with the
ULUR and basic Colorado Primary Drinking Water Standards. Should the report identify
concerns or non-compliance the Applicant shall propose treatment options to meet the
standards which shall be reviewed and determined acceptable by the County
Environmental Health Manager. Implementation of such treatment options shall be
required prior to issuance of a certificate of occupancy for the proposed Accessory
Dwelling Unit.
riLll)n on :rL ()pct t) shall oL rLyu,;.. l.E IEEI .icri l
" (l E teiision''Of 'electticalsdry ce'td'serve'theIADU will be 'required at`th'e'ti iL ' of
building permit and construction and shall be below grade if determined to be feasible.
6. The proposed ADU shall maintain compliance with all Additional Standards for
an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not
limited to a maximum size of 1,500 sq.ft. ownership restrictions, and compliance with all
Garfield County Building Code Requirements.
7. Prior to issuance of the Administrative Land Use Change Permit the Applicant
will obtain an updated driveway access permit and shall improve the driveway serving
the ADU as required by said permit. Timing for the required improvements shall be per
the Garfield County Road and Bridge Department policies.
8. The Applicant shall update the site plan and construct/designate two parking
spaces for the ADU and maintain the existing turnaround dimensions.
9. All new construction on the property shall be required to meet all Garfield County
Building Code Requirements. At the time of building permit application the Applicant
shall comply with all standard county requirements including erosion and sediment
control during construction and shall address the County Vegetation Manager requests
contained in his letter dated 4/27/12.
JVI III
Receplionp: 847282
03/1[4,2014 03,07 28 PMJen.Rlbericn + - <• ' ��••-• 1 'f 1 it
of a Ree rem .a 0 On Doc FeO%:00 GfRFIELD COUNTY 00
10. The Applicant shall provide bear proof trash containers for any outside storage of
trash for the Accessory Dwelling Unit.
11. The Applicant's request for waiver from submittal requirements related to
topographic mapping for the entire site is acceptable.
12. Prior to the issuance of the Land Use Permit, the Applicants shall confirm that the
access deeds provided with the submittals establish access from the site to the County
Road or provide additional documentation confirming such legal access.
13. The Applicant shall comply with representations in the submittals to maintain
vegetation control to minimize potential impacts from wildfire. Said vegetation control
shall include trimming any overhanging trees on the access drive and utilization of the
State Forest Service guidelines for defensible space.
14. A waiver from the Roadway Standards in Section 7-307 of the ULUR to allow the
existing access roadway as constructed and in place to serve the proposed Accessory
Dwelling Unit is approved.
Arrea, ^^ n 1,
VIII F1iihkitffliit' fi,Y'kiik','1i«1lLii,N, .11.1104i,ii, 11111
Rbeeption4: 847282
0/1.8/2014 03 07.24 PM Jean Plberico
1 of D Rec Fee.$0 00 Doc ree•0 00 GRRFIF_LD COUNTY CO
Exhibit
Accessory D.►iveIlin • Unit
Site Plan
•
1111 lin. IF I'tili iiiiiiiiiii 1c1 `Ih+ 4101 11111
Reception#: 820944
@7103/2012 10:41:36 AM Jean Alberico
7 of 6 Rec Fee180,00 Doc Fee:0.00 GARFIELD COUNTY CO
_ic 111(1 .lir( , ik
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 18th day of June A.D. 2012, there were present:
i 01' .1 ill, t) (.ARI•ILLL) 1
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Junkovsku , Commissioner
Carey Gagnon , Acting County Attorney
Jean Alberico , Clerk of the Board
Andrew GorRey . County Manager
when the following proceedings, among others were had and done, to -wit:
• 1,
RESOLUTION NO. elUJA-53
A RESOLUTION OF APPROVAL FOR A GENERAL ADMINISTRATIVE LAND USE
CHANGE PERMIT FOR AN ACCESSORY DWELLING UNIT ON A 13.51 ACRE .
PROPERTY OWNED BY SONDRA T. WELLES AND PETER S. WELLES LOCATED
AT 5343 COUNTY ROAD 100 IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH P.M., GARFIELD COUNTY
1'crnllt. (_n .April'-. 2012 the Director of the Building and I'lannlnL Department issued a
PARCEL NO# 2393-251-00-151
Recitals
A. The Welles General Administrative Land Use Change Permit Application for an
Accessory Dwelling Unit (ADU) was submitted for property as further described in Exhibit A,
Site Plan.
B. The ADU is located within a 13.51 acre parcel of land owned by Sondra T. and Peter
S. Welles (Applicants). The ownership of this property is described in a warranty deed found at
Reception Number 702386 in the records of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield .County in the Rural
Zone District, approximately 4 miles northeast of the Town of Carbondale.
D. The ADU may be permitted in the Rural Zone District with a General Administrative
Permit. On April 27, 2012 the Director of the Building and Planning Department issued a
•1
1 Inc ,)i L opened it t)1E IL it ".I;
IIII igl Pr iL ihM +r.IIfillrIIfPUIi 4MITI 144 Pi 11111 • • •
Reception#: 820944
07/03/2012 10:41:36 RM Jean Rlberico
2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Director's Determination for approval of a General Administrative Land Use Change Permit for
the Application with conditions of approval including compliance with the Roadway Standards
contained in the Unified Land Use Resolution of 2008 as amended (ULUR).
E. I On 1 A:piii. 30, 2012; the Applidarits 11§ubrnittedc'a' fregtiest ''for aBoard
reconsideration of the Director's Determination and for consideration of a waiver request from
the Roadway Standards contained in Section 7-307 of the ULUR.
P. On May 7, the Board considered the call-up request at which time they determined by
a majority vote to schedule a public hearing on June 18, 2012 for consideration of the
Applicant's request.
G. The Board of County Commissioners opened a public hearing on the 18th day of June,
2012 for consideration of whether to uphold, modify, or reverse the Director's Determination of
Conditional Approval of the Land Use Change Permit for an ADU, during which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
request.
H. The Board of County Commissioners closed the public hearing on the 18th day of June
2012 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned tiearirig; as iiitde he follorniin g` deteicmin tioiisl of fact: "'' amended I •«f d i t i f n .
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change Permit
for an ADU and the granting of a waiver from Section 7-307 and amending the
Director's Determination accordingly is in the best interest of the health, safety,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That upon compliance with adopted conditions of approval, the application is in
general conformance with the 2030 Comprehensive Plan, as amended.
5. That with the granting of the waiver from Section 7-307 and amended conditions,
the application has adequately met the requirements of the Garfield County Unified
Land Use Resolution of 2008, as amended.
2
,,1i,�_
1111
ReceptivnFI: 820944
071,03r2012 to.41:3G nM Jaen Alberloo
3 of 6 Ree Fea:$0.03 Doo Fee,0.00 GARFIELD COUNTY CO
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Applicants waiver request from the Roadway Standards contained in Section 7-307
of the ULM is'grantedcan1 shnll contract the 11CIV enn,pLt,,+int, (`1 u,u \\uter system prim
C. The Land Use Change Permit for the Sondra T. Welles and Peter S. Welles Accessory
Dwelling Unit is hereby approved with the following conditions including an amendment
to Condition #14 as contained in the Director's Determination:
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Director Decision.
2:'11"'' The'ptoposed'Jiidividtial' Septid Dispdsal`Syteiii, for the Accessbi' `Dwellin`g`'T5iiit
shall meet all local and State health regulations and shall be designed by a Colorado
Registered Professional engineer if determined necessary based on percolation test
results. The system shall be sized for two dwelling units and the total number of
proposed bedrooms.
3. The Applicant shall maintain compliance with the existing well permits, well
sharing agreement and Basalt Water Conservancy Contracts as represented in the
Application. The Applicant shall construct the new components of the water system prior
to issuance of a certificate of occupancy for the proposed Accessory Dwelling Unit.
4. Prior to the issuance of the Administrative Land Use Change Pennit, the
Applicant shall provide an updated water quality test reflecting compliance with the
ULUR and basic Colorado Primary Drinking Water Standards. Should the report identify
concerns or non-compliance the Applicant shall propose treatment options to meet the
standards which shall be reviewed and determined acceptable by the County
Environmental Health Manager. Implementation of such treatment options shall be
required prior to issuance of a certificate of occupancy for the proposed Accessory
Dwelling Unit.
5. Extension of electrical service to serve the ADU will be required at the time of
building permit and construction and shall be below grade if determined to be feasible.
3
.Ile pL311 .11� :•li'if
�,'V•'h Lll nn'1 n)!),01,;,, 1 1..
■lll 161'.6M14VYIFOYAM ilki,1111N41.911g110 NI III
.Rtception#: 820944
07/03/2012 10;41:00 AM Jean Rlberlco
4 of 6 Reo Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO
6. The proposed ADU shall maintain compliance with all Additional Standards for
an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not
limited to'a maxirlxiim size 4'1;500 oq.ft)tiWilleirghiP `regtrietions, and' coinpliaiide "With all
Garfield County Building Cade Requirements.
7. Prior to issuance of the Administrative Land Use Change Permit the Applicant
will obtain an updated driveway access permit and shall improve the driveway serving
the ADU as required by said permit. Timing for the required improvements shall be per
the Garfield County Road and Bridge Department policies.
8. The Applicant shall update the site plan and construct/designate two parking
spaces for the ADU and maintain the existing turnaround dimensions.
9. All new construction on the property shall be required to meet all Garfield County
Building Code Requirements. At the time of building permit application the Applicant
shall comply with all standard county requirements including erosion and sediment
control during construction and shall address the County Vegetation Manager requests
contained in his letter dated 4/27/12.
10. The Applicant shall provide bear proof trash containers for any outside storage of
trash for the Accessory Dwelling Unit.
11. The Applicant's request for waiver from submittal requirements related to
topographic mapping for the entire site is acceptable.
12. Prior to the issuance of the Land Use Permit, the Applicants shall confirm that the
access deeds provided with the submittals establish access from the site to the County
Road or provide additional documentation confirming such legal access.
13. The Applicant shall comply with representations in the submittals to maintain
vegetation control to minimize potential impacts from wildfire. Said vegetation control
shall include trimming any overhanging trees on the access drive and utilization of the
State Forest Service guidelines for defensible space.
14. A waiver from the Roadway Standards in Section 7-307 of the ULUR to allow the
existing access roadway as constructed and in place to serve the proposed Accessory
Dwelling Unit is approved.
4
1111 ki II:'H*1'N Ilk Lid i kiiW11111
Reception#: 820944
07/03/2012 10:41:36 AM Jean Alberico
5 of 6 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO
Dated' this • ' ` 'dlayy' of ' 'r
•ce.1\i\11SCI1 C,1 n.• .i�
ATTEST
of the Board"
, A:D: 24`
GARFIELD C 1 " TY BOARD OF
COMMISSIO !.RS, GARFIELD
)LINTY, O' OI' 0
n LICIT.
Cbazrrnan
Upon motion duly made and seconded the foreg
following vote: " L
COMMISSIONER CI -AIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
Aye
. Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
by the
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of
, A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
5
,` / 1 IAA F1'_ !ir)f 1 InrT
1111KFM11,16,1145,1A,11.11Hilarti IiixIW tl n1 111 iii
Recp4.Scn11 : 820944
07/03/2012 10:41:36 AN Jean Alb rico `1
6 or 6 Roo Fee:$0.00 Don Fee;8 00•GARFIELD COUNTY_CO
EXHIBIT "A"
Accessory Dwelling: -Unit
Site Plan
6