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HomeMy WebLinkAbout1.0 ApplicationGarfield County Common ty%evelopment Department SEP 2 01111 `" Street, Suite 401 Glenwood S rings, CO 81601 RRFIELD COL 945-8212 ;:MMUNITY DEVELOP..._ www.eari'i eld-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision • Preliminary Plan Amendment Major Subdivision o Final Plat Amendment ■ Sketch ■ Preliminary ■ Final • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield ■ Sketch ■ Preliminary ■ Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: ALAIN LAVALPhone: ( 970 ) 618-3860 Mailing Address: 875 Rose Lane City: CARBONDALEState: CO Zip Code: 81623 E-mail: Iaval@sopris.net Representative (Authorization Required) Name: Phone: Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Day subdivision Tots 2 & 3 amended final plan Assessor's Parcel Number: 2 3 9 3. 3 5 112 _ 0. 0 5 8 Physical/Street Address: 875 Rose Lane Legal Description: Modify Lot line between Lot 2 & lot 3 Zone District: Property Size (acres): 5.83 acres Project Description Existing Use: Proposed Use (From Use Table 3-403): Description of Project: 17 0 W -i j CSI / ().: 1-1e Ct cfl c S f v -i e i7 -- Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 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: I have read the statements above and have provided the required attached information which is i 4 iF ./: _2e.yv Date correct and accurate to the best of m ._-. L c -C (_/ii L- ,...-Si nature of Property Owner g p Y — y OFFICIAL USE ONLY File Number: E , i� (La n- Feee Paid: $ 1 00.00 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMA TAX PARCEL NUMBER: 2393-351-00-058 PRE -APP DATE: 7/19/2018 PROJECT: Day Subdivision Exemption Lots 2 & 3 Amended Final Plat OWNER: Alain Laval and George Kilby & Farley 5, Trustees for C&C Revocable Trust REPRESENTATIVE: Alain Laval PRACTICAL LOCATION: 875 Rose Lane Carbondale, CO 81623 ZONING: Rural COMPREHENSIVE PLAN: Residential Low (10+ acres/dwelling unit) TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to modify lot lines between Lots 2 and 3 of the Day Subdivision Exemption Plat east of Carbondale. Lot 3 is 7.47 acres; Lot 2 is 5.83 acres and will be the gaining parcel. In addition, an access easement for Lot 3 through Lot 2 will be modified to reflect the current driveway location at the southern end of the parcel. Access to both parcels is by way of this driveway. Parcel 2 is improved with a duplex and accessory structures and Lot 3 with a single family residential house as well as accessory structures. II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 5-305 — Amended Final Plat Review ▪ Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements 1 • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable III. ADMINISTRATIVE REVIEW PROCESS The review process shall follow a modified version of the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached modified flow chart). IV. SUBMITTAL REQUIREMENTS — KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: • General Application Materials o Completed application form (attached) o Completed payment agreement form (attached) o Authorization letter allowing Alain Laval to act as representative for owners of Parcel 3. o A narrative describing the request and related information. o Proof of Ownership (title work or deed) and information on any lien holders for both parcels. o Copies of any available title work or commitments. o Names and mailing addresses of property owners within 200 ft. of the subject property (attached) o Mineral rights ownership including mailing address (see attached memo) • Copy of the pre -application summary • A Vicinity Map (attached) • Because no public improvements are required for this project, a written waiver request from submittal of an Improvements Agreement should be requested. • The Proposed Plat showing the existing and proposed lots lines and any other changes affecting the lots. All easements need to be shown on the plat. All required certificates need to be included on the plat. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the plat amendment. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • Copies of any covenants affecting the property • The request should be consistent with all applicable provisions of Article 7 in the LUDC. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access or utility services. • Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. 2 The Application submittal needs to include 3 hard copies of the entire Application and 1 digital PDF copy of the entire Application (on a CD or USB Stick). Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review X Director Decision with notice Planning Commission Board of County Commissioners Board of Adjustment VI. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 100.00 $ TBD — consulting engineer/civil engineer fees $ 100.00 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING 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. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE -APPLICATION SUMMARY PREPARED BY: Claire Dalby, Planner July 19, 2018 3 SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreemernt orm GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. L - c 1\) `..Aki-r-7 [— Print Name Mailing Address: C 7 v \-- E -Mail Address: i (2)1 3 =) ?c- < ^Phone Number: Q7c Signature i• Date 2 l 8 SHERRY A. CALOIA, P.C. Sherry A. Caloia, Esq. P.O. Box 443 Glenwood Springs, CO 81602 970-928-3430 (Phone) 970-987-1492 (Cell) 970-945-1253 (Fax) 4hcrrv+a:cilloigpe,com November 16, 2018 Claire Dalby Community Development Garfield County 108 8th Street Glenwood Springs, CO 81601 Cdalby®garfi eld-county.com Dear Claire, RE: Laval/Kilby Boundary Line adjustment I have reviewed the documents for the C&C Trust provided to me by George Kilby. The C & C Revocable Trust Dated November 13, 1996 was created on November 13, 1996 in the State of Alabama. The Trustees of the C & C Revocable Trust are George R. Kilby and Farley S. Kilby. George R. Kilby or Farley S. Kilby can act for the trust independently according to the Trust document. The Trust is continuing and remains active. It owns the property located in Garfield County Colorado, Lot 3 of the Day Exemption. The Trust has authorized me, Sherry A. Caloia, to act on its behalf to effectuate the boundary line adjustment between Alain Laval and it. Please call with any questions. ‚L°'C. Sherry A .aloia Cc: George and Farley Kilby Kilby -Trust Authorization Letter SHERRY A. CALOIA, P.C. Sherry A. Caloia, Esq. P.O. Box 443 Glenwood Springs, CO 81602 970-928-3430 (Phone) 970-987-1492 (Cell) 970-945-1253 (Fax) sherrvncalo'snpc.com September 11, 2018 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Re: Application of Alain Laval for Boundary line adjustment Dear Sir/Madam; I am representing George Kilby (for the trust that he has with his wife), as his attorney, for the Boundary Line Adjustment request made by Alain Laval to your office. I have a copy of the Pre - Application conference notes which sets forth the items that must be completed before the adjustment can be approved. I have signed the application which Mr. Laval has. The Kilby's son, Whit Kilby, will also be acting for George and Farley along with me to finalize this application. Please direct any correspondence or questions to me regarding this application. Mr. Kilby is in agreement to the boundary line adjustment and conveyance of the property to Laval and is working with Alain Laval to accomplish this. Ve truly yours, Sherry A,C,alloia 1 GEORGE R. AND FARLEY S. KILl3Y TRUSTEES FOR THE C & C REVOCABLE TRUST DATED NOVEMBER 13, 1996. 345 Ponderosa Pine Way Carbondale. CO 81623 Mailing: PO Box 6178 Snowmass Village, CO 81615 November 6. 2018 Community Development Department Garfield County Colorado RE: Laval/Kilby Boundary Line adjustment Dear Claire, The Trustees of the C & C Revocable Trust Company are George R. Kilby and Farley S. Kilby. The trust owns Lot 3 of the Day subdivision exemption in Garfield County. We authorize Sherry A. Caloia to act on our behalf to effectuate the boundary line adjustment between Alain Laval and us. Please call with any questions. (ieorgc R. and Farley S. Kilby George R_ Kilby, Trustee/ Cc: Sherry A Caloia Farley S. Kil iy, Trustee Authorization Letter -Community Development -- Kilby ;1c sz) 11v WARRANTY DEED THIS DEED, made this 13 day of NOVEMBER 1996, between JUDITH C. DAY AKA JUDITH CAROL BOYD AND JEFFREY T. BOYD OF THE COUNTY OF GARFIELD, STATE OF CO GRANTORS) GEORGE R. RILBY AND FARLEY S. KILBY , TRUSTEES FOR C&C REVOCABLE TRUST GRANTFR(S) DATED NOVEMBER 13, 1996 whose legal address is : 505 SANDY LANE, ANNISTON, AL, 36207 CITY OF ANNISTON, COUNTY OF Calhoun , STATE OF AL 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, all the real property together with improvements, if any, situate and lying and being in the City of CARBONDALE, County of GARFIELD, State of COLORADO, described as follows: See Attached Exhibit "A" 501613 B-1001 P-172 11/27/1996 11:54A PG 1 OF 3 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 16.00 25.50 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise 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 personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized -of the -premises above -conveyed, has good; sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" 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 riders. /JUCI1H C. DAY AKA JUD BOYD ,xnrkwxxx• COUNTY OF •�. , 1 s s . The foregoing instrument was acknowledged before me this ! day of l;, ,r 19 , BY JUDITH C. DAY AKA JUDITH CAROL BOYD AND JEFFREY T WITNESS my hand and official seal my commission expires: t L. Notary Public My Commission expires August 20, 1997 rig Land Title Guarantee Company Customer Distribution Land "k PREVENT FRAUD - Please remember to call a member of our closing team when �'S"" "967`initiating a wire transfer or providing wiring instructions. Order Number: BAR63013242 Date: 10/17/2018 Property Address: 345 PONDEROSA PINE WAY, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Roaring Fork Valley Title Team 200 BASALT CENTER CIRCLE BASALT, CO 81621 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponsg(c7ltgc.com Seller/Owner KILBY, GEORGE R & FARLEY S, TRUSTEES FOR C&C REVOCABLE TRUST DATED 11/13/96 Delivered via: No Commitment Delivery ALAIN LAVAL Attention: ALAIN LAVAL (970) 618-3860 (Work) LAVAL@SOPRIS.NET Delivered via: Electronic Mail $216.00 Total $216.00 rig Land Title ov , rrr r ._.Sime. i 9,6; Land Title Guarantee Company Estimate of Title Fees Order Number: BAR63013242 Property Address: 345 PONDEROSA PINE WAY, CARBONDALE, CO 81623 Parties: TO BE DETERMINED KILBY, GEORGE R AND FARLEY S. KILBY, TRUSTEES FOR C&C REVOCABLE TRUST DATED NOVEMBER 13,1996 Date: 10/17/2018 Visit Land Title's Website at au. • ,a for directions to any of our offices. "TBD" Commitment If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 11/27/1996 under reception no. 50W3 at book 1001 page 172 Plat Map(s): Garfield county recorded 06/28/1996 under reception no. 495060 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 345 PONDEROSA PINE WAY, CARBONDALE, CO 81623 1. Effective Date: 09/28/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KILBY, GEORGE R AND FARLEY S. KILBY, TRUSTEES FOR C&C REVOCABLE TRUST DATED NOVEMBER 13, 1996 5. The Land referred to in this Commitment is described as follows: Order Number: BAR63013242 $0.00 A TRACT OF LAND SITUATED IN LOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACT OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION NUMBER 372300 BEARS NORTH 84° 31'06" WEST A DISTANCE OF 482.49 FEET, THENCE NORTH 05° 52'00" WEST A DISTANCE OF 140.78 FEET; THENCE NORTH 30° 51'00" WEST A DISTANCE OF 95.91 FEET; THENCE NORTH 45° 2753" EAST A DISTANCE OF 487.23 FEET TO THE THREAD OF THE ROARING FORK RIVER; THENCE ALONG SAID RIVER THE FOLLOWING THREE COURSES: 1) SOUTH 52° 1707" EAST A DISTANCE OF 133.38 FEET; 2) SOUTH 65° 58'13" EAST A DISTANCE OF 214.05 FEET; 3) SOUTH 81° 1754" EAST A DISTANCE OF 184.09 FEET TO THE EAST LINE OF SAID LOT 18; THENCE DEPARTING SAID RIVER AND ALONG THE EAST LINE OF SAID LOT 18 SOUTH 00° 29'05" EAST A DISTANCE OF 251.82 FEET; THENCE DEPARTING SAID EAST LINE NORTH 68° 31'45" WEST A DISTANCE OF 68.78 FEET; THENCE SOUTH 13° 26'48" WEST A DISTANCE OF 76.62 FEET; THENCE SOUTH 22° 08'54" WEST A DISTANCE OF 66.34 FEET TO SOUTHERLY BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION NUMBER 478497; THENCE ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES: 1) SOUTH 89° 24'57" WEST A DISTANCE OF 287.67 FEET; 2) SOUTH 89° 42'00" WEST A DISTANCE OF 374.37 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS PARCEL 3, DAY SUBDIVISION EXEMPTION PLAT, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A COUNTY OF GARFIELD, STATE OF COLORADO. Copyright 2006-2018 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. Order Number: BAR63013242 111.111.11.1 AMERICAN LAND TITLE ASSOCIATION �'M ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: BAR63013242 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR63013242 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 31, 1899, IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND RECORDED OCTOBER 24, 1902 IN BOOK 56 AT PAGE 463 AND RECORDED FEBRUARY 10, 1908 IN BOOK 71 AT PAGE 331 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 31, 1899, IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND RECORDED OCTOBER 24, 1902 IN BOOK 56 AT PAGE 463 AND RECORDED FEBRUARY 10, 1908 IN BOOK 71 AT PAGE 331 10. RESERVATION OF ALL OIL AND GAS AS RESERVED IN DEEDS RECORDED NOVEMBER 6, 1952 IN BOOK 266 AT PAGE 370 AND RECORDED NOVEMBER 28, 1952 IN BOOK 267 AT PAGE 47 (AFFECTS ALL THAT PART OF SUBJECT PROPERTY LYING WITHIN LOT 18) AND ANY AND ALL INTEREST THEREIN OR ASSIGNMENTS THEREOF. 11. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 96-37 RECORDED JUNE 18, 1996 IN BOOK 982 AT PAGE 184. 12. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE DAY SUBDIVISION EXEMPTION PLAT RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR63013242 13. ANY AND ALL LOSS, DAMAGE OR ADVERSE CLAIMS ARISING FROM OR DUE TO ANY FAILURE OF THE DEED FROM RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC. TO JUDITH CAROL BOYD AKA JUDITH C. DAY AND JEFFREY BOYD RECORDED JUNE 28, 1996 IN BOOK 983 AT PAGE 328 TO CONVEY AN UNDIVIDED 100 PERCENT INTEREST IN THE DESCRIBED PROPERTY AND/OR ANY LEGAL PROCEEDINGS WHICH MAY BE BROUGHT BY AN OWNER OF PROPERY IN THE RANCH AT ROARING FORK SUBDIVISION ASSERTING AN INTEREST IN ANY PART OF THAT PROPERTY CONVEYED BY SAID DEED. 14. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 22, 1996 IN BOOK 997 AT PAGE 123. 15. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED JUNE 02, 1997 IN BOOK 1020 AT PAGE 321. 16. TERMS, CONDITIONS AND PROVISIONS OF DECREE RECORDED FEBRUARY 06, 2015 AT RECEPTION NO. 859035. 17. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF ROAD EASEMENT RECORDED OCTOBER 16, 2015 AT RECEPTION NO. 869382. 18. ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF ROARING FORK RIVER. 19. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Title OMR A.47If COMPANY --.S .. e 1967— LAND yes'— Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurers authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The 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. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title Guarantee Company 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 Lenders 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 material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men'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 Commitment, the requirements to obtain coverage for unrecorded liens will 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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owners policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (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 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 owners permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF IP" LAND TITLE GUARANTEE COMPANY, LandLAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 9L4RNN*EC COMPANY LAND TITLE INSURANCE CORPORATION AND -.- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * * 4tCommitment For Title Insurance * * Issued by Old Republic National Title Insurance Corporation NOTICE .* IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANYS OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF TI 115 COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), Commits to issue the Policy according to the terms and provisions of this Commitment This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been mel within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Tile Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to This Commitment. (I) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records established under state statutes at the Commitment Dale for the purpose of imparting constructive notice of matters relating 10 real property to purchasers for value and without Knowledge. (h)"Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Dale, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g)In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must he based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is (he exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of This Commitment. (d)The deletion or modification of any Schedule B, Part Il—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy_ (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, al the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated al the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.ala.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA1 Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 499897 B-996 P-837 10/18/1996 04:12P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11.00 30.00 THIS DEED , Made this day ofSepterber 30, 1996 JEFFREY T. BOYD AND JUDITH CAROL DAY of the County of GARFIELD and State of Colorado, of the first part, and ALAal LAVAL • FM= STAMP 615 ROSE LANE whose legal address is CAREW:DALE, 03 81623 of the County of i.1) and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$300,000.00 ) THREE HUNDRED THOUSAND DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the Second part, his heirs and assigns forever, al( the following described lot E or parcel of land, situate, lying and being in the County of GARFIELD and State of Colorado, to wit: SEE EMEEIBY'T' "A" ATTACHED HERETO AND MADE A PART RAF: also known as street number 875 ROSE LANE, CAREOADALE, OD 81623 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises ahove bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and 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 and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1996 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party 1. of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the t, singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. SPATE OF COLORADO County of GARFIELD > ss. The foregoing instrument was acknowledged before me on this day of September 30, 1996 , by JEFFFRES T. BOYD 1W JAI' a Fm DAY (SEAL) My comnission expireest��te r�l�� ' '� JOHNSON §Vie4 364 -it J NOTARNICE Y }PUBLIC $T4T£ OF COLORADO ••v•rp SCS 4/15/2000 Form WD WARRANTY DEED - For Photographic Rrcord GW221197.221197 GPQ21197 � 11j40912�p7./giR �^a I. ,,/9 '75-- 9S e IP" Land Title Guarantee Company Customer Distribution Land Title OWR^NTCT CQMPANY PREVENT FRAUD - Please remember to call a member of our closing team when —Shia J90— initiating a wire transfer or providing wiring instructions. Order Number: BAR63013238 Date: 10/16/2018 Property Address: 875 ROSE LN, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Roaring Fork Valley Title Team 200 BASALT CENTER CIRCLE BASALT, CO 81621 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) va I IeyresRQnse(Mtgc.com Seller/Owner ALAIN LAVAL Delivered via: Electronic Mail 1,41 Land Title GIKRANTEF 0,411■NY • - 4hiar ►967-• Land Title Guarantee Company Estimate of Title Fees Order Number: BAR63013238 Date: 10/16/2018 Property Address 875 ROSE LN, CARBONDALE, CO 81623 Parties: A BUYER TO BE DETERMINED ALAIN LAVAL Visit Land Title's Website at www.ltgc.com for directions to an of our offices. "TBD" Commitment $216.00 Total $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 10/18/1996 under reception no. 499897 Qarfield county recorded 10/18/1996 under reception no. 499898 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: BAR63013238 Property Address: 875 ROSE LN, CARBONDALE, CO 81623 1. Effective Date: 09/20/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ALAIN LAVAL 5. The Land referred to in this Commitment is described as follows: $0.00 A TRACT OF LAND SITUATED IN LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NO. 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION NO. 372300 BEARS N. 86 DEGREES 48' 34" W. A DISTANCE OF 154.34 FEET, THEN N. 00 DEGREES 53' 34" E. A DISTANCE OF 22.18 FEET; THEN N. 05 DEGREES 37' 17" E. A DISTANCE OF 254.52 FEET; THEN N. 22 DEGREES 05' 22" E. A DISTANCE OF 579.78 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG THE THREAD OF SAID RIVER THE FOLLOWING TWO COURSES; 1) S. 49 DEGREES 06' 50" E. A DISTANCE OF 37.08 FEET; 2) S. 52 DEGREES 17' 07" E. A DISTANCE OF 428.00 FEET; THEN DEPARTING SAID RIVER S. 45 DEGREES 27' 53" W. A DISTANCE OF 487.23 FEET; THEN S. 30 DEGREES 51' 00" E. A DISTANCE OF 95.91 FEET; THEN S. 05 DEGREES 52' 00" E. A DISTANCE OF 140.78 FEET TO THE SOUTHERLY LINE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION NO. 478497; THEN ALONG SAID SOUTHERLY LINE S. 89 DEGREES 42' 00" W. A DISTANCE OF 38.34 FEET; THEN ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION NO. 380981 THE FOLLOWING TWO COURSES; 1) N. 39 DEGREES 05' 41" W. A DISTANCE OF 40.99 FEET; 2) N. 88 DEGREES 42' 51" W. A DISTANCE OF 262.06 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALSO KNOWN AS ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A PARCEL2 DAY SUBDIVISION EXEMPTION RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060 Copyright 2006-2018 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. Order Number: BAR63013238 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: BAR63013238 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR63013238 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 31, 1899, IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND RECORDED OCTOBER 24, 1902 IN BOOK 56 AT PAGE 463 AND RECORDED FEBRUARY 10, 1908 IN BOOK 71 AT PAGE 331 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 31, 1899, IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND RECORDED OCTOBER 24, 1902 IN BOOK 56 AT PAGE 463 AND RECORDED FEBRUARY 10, 1908 IN BOOK 71 AT PAGE 331 10. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 96-37 RECORDED JUNE 18, 1996 IN BOOK 982 AT PAGE 184. 11. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE DAY SUBDIVISION EXEMPTION PLAT RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR63013238 12. ANY AND ALL LOSS, DAMAGE OR ADVERSE CLAIMS ARISING FROM OR DUE TO ANY FAILURE OF THE DEED FROM RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC. TO JUDITH CAROL BOYD AKA JUDITH C. DAY AND JEFFREY BOYD RECORDED JUNE 28, 1996 IN BOOK 983 AT PAGE 328 TO CONVEY AN UNDIVIDED 100 PERCENT INTEREST IN THE DESCRIBED PROPERTY AND/OR ANY LEGAL PROCEEDINGS WHICH MAY BE BROUGHT BY AN OWNER OF PROPERY IN THE RANCH AT ROARING FORK SUBDIVISION ASSERTING AN INTEREST IN ANY PART OF THAT PROPERTY CONVEYED BY SAID DEED. 13. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 22, 1996 IN BOOK 997 AT PAGE 123. 14. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTADING RECORDED JUNE 02, 1997 IN BOOK 1020 AT PAGE 321. 15. TERMS, CONDITIONS AND PROVISIONS OF DECREE RECORDED FEBRUARY 06, 2015 AT RECEPTION NO. 859035. 16. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF ROAD EASEMENT RECORDED OCTOBER 16, 2015 AT RECEPTION NO. 869382. 17. ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF ROARING FORK RIVER. 18. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Title' GUARWr, r MAMMY --Ur/,, Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurers authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The 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. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title Guarantee Company 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 Lenders 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 material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men'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 Commitment, the requirements to obtain coverage for unrecorded liens will 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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owners policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (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 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: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Land 1• tl� WNRMREi. COMPANY JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 4 * * itCommitment For Title Insurance * % * Issued by Old Republic National Title Insurance Corporation * 4 NOTICE * * IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE * 4 * POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF TI IIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been mel within 6 months after the Commitment Date, this Commitment terminates and (he Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (I) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records established under state statutes al the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the lime period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I—Requirements; and (t) Schedule B, Part II—Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commilmenl Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I—Requirements; U. eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) it the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (h)Any claim must he based in contract and must be restricted solely to the terms and provisions of this Commitment, (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (1) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated al the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.ala.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the dale shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President ',1•.,,,, ��pa*f *44, . * (it G�+ * •• ' • 070 Q,.` ',*I1,4111 Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239335100002 477 ROSE LN CARBONDALE 239335100007 362 WILLOW LN CARBONDALE 239335100057 855 ROSE LN CARBONDALE 239335100058 875 ROSE LN CARBONDALE 239335100059 345 PONDEROSA PINE WAY CARBONDALE 239335400061 1265 100 COUNTY RD CARBONDALE 239336100005 14913 82 HWY CARBONDALE 239336220006 Not available CARBONDALE DEANE, DOANE H GERBAZ, MOLLY REVOCABLE TRUST CONTRO, GRACE DAYTON LAVAL, ALAIN KILBY, GEORGE R & FARLEY S, TRUSTEES FOR C&C REVOCABLE TRUST DATED 11/13/96 100 ROAD CATTLE COMPANY, LLC RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC MAYFLY BEND RANCH HOMEOWNERS ASSOCIATION R011156 0477 ROSE LANE CARBONDALE, CO 81623 R011386 PO BOX 1325 CARBONDALE, CO 81623-1325 R112063 R112064 R112065 R005669 R111446 831 PEARL STREET BOULDER, CO 80302 875 ROSE LANE CARBONDALE, CO 81623-9599 PO BOX 6178 SNOWMASS VILLAGE, CO 81 61 5-61 78 300 N LASALLE STREET, SUITE 4000 CHICAGO, IL 60654 14913 HWY 82 CARBONDALE, CO 81623 R009057 PO BOX 1856 CARBONDALE, CO 81623 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239335100058 875 ROSE LN CARBONDALE 239335100059 345 PONDEROSA PINE WAY CARBONDALE 239335400061 1265 100 COUNTY RD CARBONDALE 239336100005 14913 82 HWY CARBONDALE 239336220006 Not available CARBONDALE LAVAL, ALAIN KILBY, GEORGE R & FARLEY S, TRUSTEES FOR C&C REVOCABLE TRUST DATED 11/13/96 100 ROAD CATTLE COMPANY, LLC RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC MAYFLY BEND RANCH HOMEOWNERS ASSOCIATION R112064 875 ROSE LANE CARBONDALE, CO 81623-9599 R112065 PO BOX 6178 SNOWMASS VILLAGE, CO 81 61 5-61 78 R005669 300 N LASALLE STREET, SUITE 4000 CHICAGO, IL 60654 R111446 14913 HWY 82 CARBONDALE, CO 81623 R009057 PO BOX 1856 CARBONDALE, CO 81623 SHERRY A. CALOIA, P.C. Sherry A. Caloia, Esq. P.O. Box 443 Glenwood Springs, CO 81602 970-928-3430 (Phone) 970-987-1492 (Cell) 970-945-1253 (Fax) sherry a:ealoiapc.com November 7, 2018 Community Development Department Garfield County, Colorado RE; Laval/Kilby Boundary Line adjustment Dear Claire, There are no mineral accounts with the Garfield County Assessor for the property, The Garfield County Clerk and Recorder has no Notice of Mineral Estate for the mineral rights for the property. A search of the county records shows the following owners of mineral rights in Section 35, Township 7 South, Range 88 West (referred to as government Lot 18): NuBalco, LLLP, P.O. Box 429, Glenwood Springs, CO 81602 Chad Lee, 36 N Meadow View Ct., Glenwood Springs, CO 81601 The Louise N. Long Part B Trust, Jane Weber Long Trustee,7130 Trails End Ct, Colorado Springs, CO 80911 See mineral deed recorded at Rec # 837213 A search of the county records for the mineral rights for other portions of the property specifically located in Section 35, Township 7 South, Range 88 West (government Lots 7 and 8) appear to have been passed by deeds to that small piece of land along with other acreage to the Gerbaz family. Gerbaz transferred this property to Judy and Boyd Day who subdivide by exemption and then transferred Lot 2 to Laval and Lot 3 to Kilby. No mineral rights were reserved in any of these deeds. Owners appear to own these mineral rights. A search of the county records for the mineral rights for the property located in Section 35 Township 7 South Range 88 West in government Lot 6 shows that the rights were owned by Michael and Matilda Havey (there are leases in the old records from them Rec # 177222) who sold to Ronald Bogue without reservation and then to Molly Patterson Book 421 Page 383 (without reservation). Molly Patterson became Molly Gerbaz and the Letter -Community Development — Laval Kilby property was absorbed by Gerbaz family. Gerbaz sold to Judy and Boyd Day without reservation of mineral interests and Day later transferred to Laval (Lot 2) and Kilby (Lot 3) without reservation. Owners appear to own these mineral rights. Please call with any questions. SHERRY A CALOIA, P.C. Sherry A C . is Cc: George Kilby Alain Laval Letter -Community Development — Laval Kilby SEPT 1, 2010 Dear Sir or Madam Improvements agreement I, Alain Laval , 875 rose lane, Carbondale, co 81623. Request a waiver, because there are no public improvements Associated with this projet. Yours Sincerely Alain Laval 875 Rose Lane s Carbondale, Colorado 81623 • Cell 970.618.3860 ■ Laval©sopris.net • 494612 B-962 P -1B4 06/18/94 01:17P PG 1 OF 3 t8 DOC NOT MILDI1ED ALSOottr GARFIELD COUNCY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday ,the f7thof June A.D. 19. 96 ,there were present: Marlon I. Cmith Arnold L. Rackley Elmer (Ruckey) Arbaney Don DeFord Mildred Aledorf Chuck Deschenee , Commissioner Chairman , Commissioner , Commissioner , County Attorney _, Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-3 7 AREING AN N FROM THE LD COUNTY SUBDIVISIONLUTION D TH U0 REGULATIONS FOR EFFEItY GSOT. BOYD AND ARFI� JUDITH CAROL DAY. WHEREAS, 11iFF1RY T. BOYD AND JUDITH CAROL DAY petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption From the defun'stion of the terms"subdivision" and "subdivided land" uaderC.R.S. 1973, 30.28-101(10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 19.80 acre tract as described in Book 371 at Page 340, Reception ;#232482 as filed in the Offices of the Clerk and Recorder of Garfield County, Cols more intopracticallyrea S3) s tracts of approximately 5.83, 6,50 and 7.47 acres each. with the exemption pfollows: Parcel 1 Parcel 2 Parcel 3 See Attached Exhibit A See Attached Exhibit A See Attached Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, For the reason that the division does not warrant Further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the hoard of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egxess to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part clan existing or larger development and does not fall within 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; and 494612 B-982 P-185 06/18/96 01:17P PG 2 OF 3 NOW THEREFORE, BE IT RESOLVED that the division of the above described 19.80 acre parcel is hereby exempted from such definitions and may be conveyed in the form of partxi " 1", parcel "2" and parcel "3" as are more fully described above and that acopy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 17th day of ATTEST: June vote: , A.D. 19 96 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Hackley Ulmer (Huckey) Arboney STATE OF COLORADO ) )ss County of Garfield ) Aye , Aye Aye f , 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 ray hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners *h/iSiT r9 494612 13-982 P-186 06/18/98 01:17P PG 3 OF 3 PROPERTY DESCRIPTION PARCEL 1 A TRACT OF LAND SITUATED IN LOTS 8 ANO 8, SECTION 35. TOWNSHIP 7 SOUTH, RANGE 8B WEST OF THE SIXTH PAL., GARFIELD COUNTY. COLORADO AND BEING A PORTION OF THOSE TRACTS OF LANO AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPRGN NUMBERS 372.100 AND 380981 OF THE RECORDS OF SAID COUNTY. SAID TRACT OF LANG BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; REG!HNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAAO AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300. SAID POINT Of BEG1NNING BEING MONUMENTEO WITH A N0. 5 REBAR FOUND IN PLACE. THEN ALONG THE WEST UNE OF SAID PARCEL N.00'19'51'W. A DISTANCE OF 1153,78 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG BE THREAD OF SAID RIVER THE FOLLOWING FWE COURSES 1 5.53'45'54'E. A DISTANCE OF 31,01 FEET; 2 5.8415'31'E.. A DISTANCE OF 128.21 FEET; 3 5.4417'49"E: A DISTANCE OF 178.55 FEET; 4 S.3611'53'E, A DISTANCE OF 117.22 FEET; 5 S.49'08'S0'E. A DISTANCE OF 88.42 FEET, THEN DEPARTING SAID RIVER 5.22'05'22'W, A DISTANCE Of 579.78 FEET; THEN 5.05'37'17'W. A DISTANCE OF 254.52 FEET: THEN S.00'53'34'W, A DISTANCE OF 22.18 FEET TO THE SOUTHERLY UNE OF SAID TRACT AS DESCRIBED 1N DOCUMENT RECORDED UNDER RECEPTION #380981; THEN ALONG THE SOUTHERLY AND WESTERLY LINES Of SAID TRACT THE FOU,OWING TWO COURSES: 1 N.6842'51'W. A DISTANCE OF 154.12 FEET; 2) N.0019'51'W. A DISTANCE OF 5.13 FEET TO THE POINT CF DEGINN:NG. SAID TRACT OF LAND CONTAINS 8,50 ACRES AS DESCRIBED. PROPERTY DESCRIPTION PARCEL 2 A TRACT OF LANO SITUATED IN LOTS 6, 7. 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH. RANGE 88 WEST Of THE SIXTH PIA, GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACTS Of LAND AS DESCRIBED IN DCCULIEINTS RECOROi_0 UNDER RECEPTION NUMBERS 372300, 380981 AND 478497 OF THE RECOROS OF SAID COUNTY. SAID TRACT OF LAND BE1NG MORE PARTICULARLY DESCRIBED AS FOU.OWS; BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION /372300 BEARS N.88'48'34'W. A DISTANCE Of 154.34 FEET THEN N.00'53'34`E A DISTANCE OF 22.18 FEET; THEN N,05'37'17'E. A DISTANCE OF 254.52 FEET; THEN N.2205'22'E A DISTANCE Of 579.78 FEET TO THE THREAO OF THE ROARING FORK RIVER; THEN ALONG THE THREAD OF SAID RIVER THE FOLLOWING TWO COURSES: 1) 5.49T36'S0'E. A DISTANCE OF 37.08 FEET; 2) S.5217'077- A OISTANCE OF 428.00 FEET; THEN DEPARTING SAID RIVER 5.45'27'53"W, A DISTANCE OF 487.23 FEET; THEN 5.30'51'00'E. A DISTANCE OF 95.91 FEET; THEN 5.05'52'D01. A DISTANCE Of 140J8 FEET TO THE SOUTHERLY UNE OF SA10 TRACT AS DESCRIBED 114 DOCUMENT RECORDED UNDER RECEPTION #478427; THEN ALONG SAIO SOUTHERLY LINE 5.89'42'00'W. A DISTANCE OF 38.34 FEET; THEN ALONG THE SOUTHERLY UNE OF THAT TRACT OF LAND AS DESCRIBED IN SND DOCUMENT RECORDED UNDER RECEPTION /380981 THE FOLLOWING TWO COURSES: 1) N.3911)5'41'W. A DISTANCE OF 40.99 FEET; 2) N.88'42'51'W. A DISTANCE OF 28208 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 5.83 ACRES AS DESCRIBED. • PROPERTY DESCRIPTION PARCEL 3 A TRACT OF LAND SITUATED IN SOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH. RANGE 88 WEST OF 111E SIXTH P.M., GARFIELD COUNTY. COLORADO ANO BEING A PORTION OF THOSE TRACTS OF LAND A5 DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY. 5A10 TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LANG DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300 BEARS N.84'31'138'W. A DISTANCE OF 482.49 FEET, THEN N.Q5'52'00`W. A DISTANCE OF 140.78 FEET; THEN 11,30'51'06"W. A DISTANCE OF 65.91 FEET; THEN 11.45'27'53"E. A DISTANCE OF 467.23 FEET TO THE THREAD OF THE ROARING FMK RIVER; THEN ALONG 5A10 RIVER THE FOLLOWING THREE COURSES: 1] S,5217'07'E. A DISTANCE OF 133.28 FEET: 2}] 5.65'58'13'E. A DISTANCE OF 214.05 FEET; 3 S.81'17'54'E. A DISTANCE OF 184.09 FEET TO THE EAST LINE OF 5610 LOT 18; THEN DEPARTING SAIO RIVER AND ALONG THE EAST LINE OF SAID LOT 16 S.00'29'D5'E A DISTANCE OF 251.82 FEET: THEN OEPARTINC SMD EAST 1111E N.68'31'45'W, A DISTANCE OF 68.78 FEET; THEN 5.13'28'48'W, A DISTANCE OF 76.02 FEET; THEN S.2.2138'54'W. A DISTANCE OF 66.34 FEET TO NE SOUTHERLY BOUNDARY Of THAT TRACT OF LAND AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION f478497: THEN ALONG SAM SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES: 1 S.89'24'57'W. A D18TANCE'Of 287.57 FEET; 2; S.89.41'00'W. A DISTANCE OF 374.27 FEET TO THE POINT OF BEGINNING. 5A10 TRACT OF LAND CONTAINS 7.47 ACRES AS DESCRIBED, 501613 9-1001 P-174 [1/27/1996 11:54A PG 3 OF 3 "EXHIBIT B" 1. TAXES FOR 1996 ARE NOT YET DUE AND PAYABLE. 2. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF, WAY FOR DITCHES OR CANALS AS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 24, 1902 IN BOOK 56 AT PAGE. 463. AND. IN. PATENT RECORDED. FEBRUARY. 10.,. 1908. IN BOOK 71 AT PAGE 331. 3. EASEMENTS, RIGHTS OF WAY, CONDITIONS, BUILDING ENVELOPES AND RESTRICTIONS AS SHOWN ON THE PLAT OF DAY SUBDIVISION EXEMPTION RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060. 4. RESERVATION OF ALL OIL AND GAS AS RESERVED IN DEEDS RECORDED NOVEMBER 6,1952 IN BOOK 266 AT PAGE 370 AND NOVEMBER 28, 1952 IN BOOK 267 AT PAGE 47 (AFFECTS ALL THAT PART OF SUBJECT PROPERTY LYING WITHIN LOT 18) AND ANY AND ALL INTERSET THERIN OR ASSIGNMENTS THEREOF. RETURN TO: Pitkin County Title, Inc. P. O. Box 1417 Basalt, CO 81621-1417 EXHIBIT A A TRACT OF LAND SITUATED IN LOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300, 380981 AND 478497 OF,THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION NUMBER 372300 BEARS NORTH 84°31'06" WEST A DISTANCE OF 482.49 FEET, THEN NORTH 05°52'00" WEST A DISTANCE OF 140.78 FEET; THEN NORTH 30°51'00" WEST A DISTANCE OF 95.91 FEET; THEN NORTH 45°27'53" EAST A DISTANCE OF 487.23 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG SAID RIVER THE FOLLOWING THREE COURSES: 1) SOUTH 52°17'07" EAST A DISTANCE OF 133.38 FEET; 2) SOUTH 65°58'13" EAST A DISTANCE OF 214.05 FEET; 3) SOUTH 81°17'54" EAST A DISTANCE OF 184.09 FEET TO THE EAST LINE OF SAID LOT 18; THEN DEPARTING SAID RIVER AND ALONG THE EAST LINE OF SAID LOT 18 SOUTH 00°29'05" EAST A DISTANCE OF 251.82 FEET; THEN DEPARTING SAID EAST LINE NORTH 68°31'45" WEST A DISTANCE OF 68.78 FEET; THEN SOUTH 13°26'48" WEST A DISTANCE OF 76.62 FEET; THEN SOUTH 22°08'54" WEST A DISTANCE OF 66.34 FEET TO SOUTHERLY BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION NUMBER 478497; THEN ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES: 1) SOUTH 89°24'57" WEST A DISTANCE OF 287.67 FEET; 2) SOUTH 89°42'00" WEST A DISTANCE OF 374.37 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS PARCEL 3, DAY SUBDIVISION EXEMPTION PLAT, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 28, 1996 AS RECEPTION NUMBER 495060 TOGETHER WITH AS ACCESS EASEMENT DESCRIBED IN BOOK 371 AT PAGE 340. 501613 B-1001 P-173 11/27/1996 11:54A PG 2 OF 3 AMENDED FINAL PLAT OF: PARCEL 2 AND PARCEL 3 DAY SUBDIVISION EXEMPTION PLAT A TRACT OF LAND SITUATED IN LOTS 6 AND 8 SECTION 35 , / CERTIFICATE OF DED CATION AND OWNERSHIP TOWNSHIP 7 SOUTH/ RANGE 88 WEST OF THE 6th P.M. PARCEL 2 THE UNDERSIGNED ALAIN LAVAL, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY OF GARFIELD STATE OF COLORADO COUNTY, DESCRIBED AS FOLLOWS: SHEET 1 OF 2 PARCEL 2 NOTES DAY SUBDIVISION EXEMPTION RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060 CONTAINING 5.83 ACRES, MORE OR LESS, HAS [HAVE] CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF PARCEL 2 I.) DATE OF SURVEY: DECEMBER, 2016 AND AUGUST 30, 2018. 2) DATE OF PREPARATION: DECEMBER, 2016; JANUARY AND MARCH, 2017 AND JULY - AND PARCEL 3 DAY SUBDIVISION EXEMPTION PLAT, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) SEPTEMBER, 2018. HEREBY DEDICATE THE ACCESS AND UTILITY EASEMENTS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF PARCEL 3, AND HEREBY DEDICATE(S) UTILITY EASEMENTS ON THE TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS ACCOMPANYING PLAT AS PERPETUAL EASEIV1ENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF A.D., 20 . _ • 3) BASIS OF BEARING: A BEARING OF S 89°24'5r W BETWEEN THE SOUTHEAST CORNER OF PARCEL 3 (MONUMENTED BY A FOUND NO5 REBAR AND 125PLASTIC CAP, LS . ." . 27613) AND AN ANGLE POINT ALONG THE SOUTHERLY BOUNDARY OF PARCEL 3 (MONUMENTED BY A FOUND NO. 5 REBAR AND 1.25" PLASTIC CAP, LS. 26950), AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY: THE DAY SUBDIVISION EXEMPTION PLAT AS RECORDED IN THE ,, ,-, OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY ON JUNE 28, 1996 AS RECEPTION NO. 495060, VARIOUS DOCUMENTS OF RECORD, AND THE FOUND OWNER: ALAIN LAVAL ADDRESS: STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF -• MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4. AND THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NUMBER GW221197 WITH AN EFFECTIVE A.D., 20 BY . DATE OF AUGUST 16, 1996 FOR PARCEL 2. MY COMMISSION EXPIRES: . a WITNESS MY HAND AND OFF CIAL SEAL. (SEAL) ...„, 6) THE LIMITS OF LANDS EXCHANGED BETWEEN DAY SUBDIVISION AND RANCH AT ROARING FORK AS SHOWN ON THE PARTIAL AMENDED AND BOUNDARY CORRECTION PLAT RECORDED AT RECEPTION NO. 495057 WAS THE NORTH BOUNDARY OF NOTARY PUBLIC - _ GOVERNMENT LOT 6. THIS SURVEY UTILIZED THE NORTH BOUNDARY AS ESTABLISHED ON SAID PLAT AND THE CURRENT LOCATION OF THE MAIN THREAD OF THE ROARING FORK PARCEL 3 ° RIVER TO DETERMINE THE NORTHERLY SUBJECT PROPERTY BOUNDARY LINE. THE UNDERSIGNED KILBY, GEORGE R & FARLEY 5, TRUSTEES FOR C&C REVOCABLE TRUST, BEING SOLE OWNER(S) IN FEE , 7) THOSE PORTIONS OF THE SUBJECT PROPERTY AND ADJOINING RANCH AT ROARING SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 3 DAY SUBDIVISION EXEMPTION RECORDED JUNE 28, 1996 AS RECEPTION NO. 495060 CONTAINING 7.47ACRES, MORE OR LESS, HAS [HAVE] CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF PARCEL 2 fr FORK BOUNDARIES DEFINED AS THE "MAIN THREAD OF ROARING FORK RIVER" ARE RIPARIAN AND DYNAMIC IN NATURE, SUBJECT TO THE RELICTION AND ACCRETION FROM THE NATURAL EBB & FLOW OF SAID RIVER. AND PARCEL 3 DAY SUBDIVISION EXEMPTION PLAT, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF 11 SCALE' 2000 UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND CERTIFICATE OF TAXES PAID TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMF'ROVEMENTS SHALL BE TITLE CERTIFICATE (PARCEL 2) TITLE CERTIFICATE (PARCEL 3) I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. AND PAYABLE AS OF ; UPON ALL PARCELS OF REAL ESTATE I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR DESCRIBED ON THIS PLAT ARE PAID IN FULL. EXECUTED THIS DAY OF , A.D., 20_. AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS DATED THIS DAY OF A.D., 20_. IS VESTED IN FREE AND CLEAR OF ALL LIENS AND IN FREE AND CLEAR OF ALL LIENS AND , , OWNER: K LBY, GEORGE R & FARLEY S, TRUSTEES FOR C&C REVOCABLE TRUST ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF ADDRESS: RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: TREASURER OF GARFIELD COUNTY STATE OF COLORADO ) :SS . COUNTY OF GARFIELD ) DATED THIS DAY OF , A.D., 20 . DATED THIS DAY OF , A.D., 20 . THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 20 BY TITLE COMPANY: TITLE COMPANY: MY COMMISSION EXPIRES: COUNTY SURVEYOR'S CERTIFICATE WITNESS MY HAND AND OFFICIAL SEAL. APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR (SEAL) AGENT AGENT DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF 20 NOTARY PUBLIC _ _A.D., . OR OR GARFIELD COUNTY SURVEYOR ATTORNEY ATTORNEY COLORADO ATTORNEY REGISTRATION NO. COLORADO ATTORNEY REGISTRATION NO. SURVEYOR'S CERTIFICATE I, MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS AMENDED FINAL PLAT OF PARCEL 2 AND PARCEL 3 DAY SUBDIVISION EXEMPTION PLAT AS LAID OUT, PLATTED AND HOWN HEREON; THAT THE SAME IS BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION; THAT THIS PLAT MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS SECTION 38-51-106; THE CONTROL PRECISION IS GREATER THAN 1 IN 10,000. RECORDED EASEMENTS, LIENHOLDER CONSENT AND SUBORDINATION LIENHOLDER CONSENT AND SUBORDINATION RIGHTS-OF-WAY AND RESTRICTIONS ARE THOSE SET FORTH IN SECTION 2 OF SCHEDULE B OF THE TITLE COMMITMENT ISSUED BY LAND TITLE GUARANTEE COMPANY ORDER NO. GW221197 WITH AN EFFECTIVE (PARCEL 2) (PARCEL 3) DATE OF AUGUST 16, 1996. THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL DATED 20 , PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN SUBDIVISION [EXEMPTION] PLAT, CERTIFIES THAT THE PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN SUBDIVISION [EXEMPTION] PLAT, CERTIFIES THAT THE COUNTY COMMISSIONER S CERTIFICATE UNDERSIGNED HAS REVIEVVED THE SUBDIVISION [EXEMPTION] PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO UNDERSIGNED HAS REVIEWED THE SUBDIVISION [EXEMPTION] PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID SUBDIVISION [EXEMPTION] PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID SAID SUBDIVISION [EXEMPTION] PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID SUBDIVISION [EXEMPTION] PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE SUBDIVISION [EXEMPTION] PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS DAY OF , A.D., 20 FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. MARK S. BECKLER, P.LS. # 28643 COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE EXECUTED THIS DAY OF A.D., 20_. EXECUTED THIS DAY OF , A.D., 20_. PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF , IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS LIENHOLDER LIENHOLDER CLERK AND RECORDER'S CERTIFICATE STATE OF COLORADO) APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF STATE OF COLORADO) PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. SS SS THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT COUNTY OF GARFIELD) COUNTY OF GARFIELD) O'CLOCK .M., ON THE DAY OF , A.D. 20 AND IS DULY RECORDED IN RECEPTION NO THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 20_. A.D., 20_. ATTEST: GARFIELD COUNTY, COLORADO ,A.D., BY BY. WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD CLERK AND RECORDER MY COMMISSION EXPIRES: MY COMMISSION EXPIRES: . . ATITESk:CORDING TO COLORADO LAW YOU MUST COMMENif ANY I MAI WITNESS MY HAND AND OFFICIAL SEAL. WITNESS MY HAND iotND OFFICIAL SEAL. BY: IN THIS SURVEY WITHIN THREtnitnt ACTION BASED UPON ANY DEFECT CLERK NOTARY PUBLIC AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY AtiTACTIO0 NOTARY PUBLIC BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. KK GRK 16235 9/4/2018 M:\3600dwgs\16235 \ PLAT\CIVI 3D \ 16235 C3D-AMENDED FINAL PLAT 1.D G AMENDED FINAL PLAT OF; PARCEL 3 RECORD DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE PARCEL 2 AND PARCEL 3 DAY SUBDIVISION EXEMPTION PLAT 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF /� �'` ('''� A TRACT V TOWNSHIP COUNTY j'''�SITUATED 1 LAND C LAND 7 SOUTH , RANGE OF GARFIELDSTATE SHEET I N L T AND SECTION N 3 5 THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION LOTS 6 8, S C O , NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 88 WEST OF THE 6th P.M. BEGINNING ATA POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF RADC THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION ®i COLORADO #372300 BEARS N,84°31'06"W. A DISTANCE OF 482.49 FEET, THEN N,05°52'00"W. A 2 OF 2 DISTANCE OF 140.78 FEET; THEN N.30°51'00"W. A DISTANCE OF 95.91 FEET; THEN Line Table N.45°27'53"E. A DISTANCE OF 487.23 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG SAID RIVER THE FOLLOWING THREE COURSES: \\ \\Curve Line # Direction Length Table 1) S.52°17'07"E, A DISTANCE OF 133,38 FEET; PARCEL 2 RECORD DESCRIPTION 11 NO° 55' 29"E 15.00 A TRACT OF LAND SITUATED IN LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, \, \ L2 „ 588°40 25"E 225.18 Curve # Length Radius Tangent Delta Chord Direction Chord 2) S. 65°58'13"E. A DISTANCE OF 214.05 FEET; \. RANGE 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A \ L3 s39° 03' s8°E 3.04 C1 39.83' 46.00' 21.26' 49°36'38° N63° 52' 06"W 38.60' 3) 5.81°17'54"E. A DISTANCE OF 184.09 FEET TO THE EAST LINE OF SAID LOT 18• THEN J PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER \ s, \ fi Q 90 RECEPTION NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, � psi L4 „ N43 56 39 W s.00 DEPARTING SAID RIVER AND ALONG THE EAST LINE OF SAID LOT 18 5.00°29'05"E, A DISTANCE OF 251.82 FEET; THEN DEPARTING SAID EAST LINE N.68°31'45"W. A DISTANCE OF 68.78 FEET; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: `\ I- SO,, L5 N88° 40' 25"W 199.73 THEN 5,13°26'48"W, A DISTANCE OF 76,62 FEET; THEN S,22°08'54"W, A DISTANCE OF 66.34 BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300 BEARS N,86°48'34"W. A DISTANCE OF 154.34 FEET, THEN N. 00°53'34"E.r \\ A DISTANCE OF 22.18 FEET; THEN N.05o 37 17n E. A DISTANCE OF 254,52 50 FEET TO THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN SAID GRAPHIC SCALE DOCUMENT RECORDED UNDER RECEPTION #478497; THEN ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES: 0 25 50 100 200 1) S,89°24'57"W. A DISTANCE OF 287.67 FEET; FEET; THEN N.22°05'22"E, A DISTANCE OF 579.78 FEET TO THE THREAD OF THE s NMI III III IIII III= ROARING FORK RIVER; THEN ALONG THE THREAD OF SAID RIVER THE FOLLOWING TWO ---......,...S.:6,,,,,..:2) 5,89°42'00"W, A DISTANCE OF 374.37 FEET TO THE POINT OF BEGINNING. IN FEET ) COURSES: FOUND #5 REBAR & � 4SS„ { SAID TRACT OF LAND CONTAINS 7.47 ACRES AS DESCRIBED. 1.25 PLASTIC .� F 1 inch = 50 ft. 1) 5.49°06'50"E. A DISTANCE OF 37,08 FEET; WITNESS CAP (:) L.S. 28643 (110.671 2) S. 52°17'07"E, A DISTANCE OF 428.00 FEET; THEN DEPARTING SAID RIVER ~ 315 PARCEL 3 PER THIS PLAT S,45°27'53"W. A DISTANCE OF 487.23 FEET; THEN 5,30°51'00"E. A DISTANCE OF 95.91 FEET; THEN 5,05°52'00"E, A DISTANCE OF 140,78 FEET TO THE SOUTHERLY LINE OF SAID j, A TRACT OF LAND SITUATED IN LOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE TRACT AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION #478497; THEN FOUND #5 REBAR & 0›,88 WEST OF THE SIXTH P.M,, GARFIELD COUNTY, COLORADO AND BEING A PORTION OF ALONG SAID SOUTHERLY LINE S,89°42'00"W, A DISTANCE OF 38.34 FEET; THEN ALONG 1.25' PLASTIC CAP THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION GRACE DAYTON CONTR L.S.14111 THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED 1N SAID DOCUMENT (1.85' OUT OF GROUND) RANCH AT ROARING FORK HOMEOWNERS NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF 855 RASE LN XASSOCIATIONLAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RECORDED UNDER RECEPTION #380981 THE FOLLOWING TWO COURSES: CARBONDALE O 3162 b 14 st G 1 WY 82CARBONDALE 81623 ° rr SES PARCEL No. f i 7 �' As ASSESSOR PARCEL No. 239336100005 BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF 1) N.39 05 41 W. A DISTANCE OF 40.99 FEET; Op, 4'THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION 2) N. 88°42'51"W. A DISTANCE OF 262.06 FEET TO THE POINT OF BEGINNING, SAID (*,° �� ° " #372300 BEARS N,84 45 17 W. A DISTANCE OF 503.72 FEET, THEN N.05 00 00 W, A TRACT OF LAND CONTAINS 5,83 ACRES AS DESCRIBED, S DISTANCE OF 282.68 FEET; THEN N,45°27'53"E. A DISTANCE OF 402,63 FEET TO THE THREAD .9:901OF THE ROARING FORK RIVER; THEN ALONG SAID RIVER THE FOLLOWING THREE COURSES: 5 S% F' 1) S.52°17'07"E, A DISTANCE OF 133,38 FEET; aa ^/\ 2) S. 65°58'13"E. A DISTANCE OF 214.05 FEET; 3) S.81°17'54"E. A DISTANCE OF 184.09 FEET TO THE EAST LINE OF SAID LOT 18; THEN ' `rS2, DEPARTING SAID RIVER AND ALONG THE EAST LINE OF SAID LOT 18 5,00°29'05"E. A DISTANCE PARCEL 2 PER THIS PLAT 1 OF 251,82 FEET; THEN DEPARTING SAID EAST LINE N.68°31'45"W. A DISTANCE OF 68,78 FEET; A TRACT OF LAND SITUATED IN LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, THEN 5,13°26'48"W. A DISTANCE OF 76,62 FEET; THEN S,22°08'54"W, A DISTANCE OF 66,34 RANGE 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION \ , FEET TO THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN SAID ` OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION \ � DOCUMENT RECORDED UNDER RECEPTION #478497; THEN ALONG SAID SOUTHERLY NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF 3�0 BOUNDARY THE FOLLOWING TWO COURSES: LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: •p0' 1) 5.89°24'57"W. A DISTANCE OF 287,67 FEET; BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF O 2) S.89°42'00"W. A DISTANCE OF 353.0 FEET TO THE POINT OF BEGINNING. ENCS (TYP.) THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION SAID TRACT OF LAND CONTAINS 7.267 ACRES AS DESCRIBED. #372300 BEARS N.86°48'34"W, A DISTANCE OF 154,34 FEET, THEN N. 00°53'34"E, A DISTANCE �3 \ S6S° \ OF 22,18 FEET; THEN N.05°37'17"E, A DISTANCE OF 254.52 FEET; THEN N,22°05'22"E. A N �ti $13,, H FOUND #5 REBAR & DISTANCE OF 579.78 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG THE iz)NN 1.25" PI 1 TIC CAP 1 21405, -. THREAD OF SAID RIVER THE FOLLOWING TWO COURSES: PARCEL _ \ 1) 5.49°06'50"E, A DISTANCE OF 37.08 FEET; DAY SUBDIVSION PARCEL 2 p. 2) S. 52°17'07"E. A DISTANCE OF 428,00 FEET; THEN DEPARTING SAID RIVER S.45o 27r 53rr W. A (5.83 AC. ORIGINAL PLAT) Op,, SQ. FT. S & DISTANCE OF 402.63 FEET; THEN 5.05°00'00"W, A DISTANCE OF 282,68 FEET TO THE 262,912+/- .. _ 1°17'54" SOUTHERLY LINE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION PARCEL 3 �� �1SpO • E 184 09' _ ° , #478497; THEN ALONG SAID SOUTHERLY LINE S.89°42'00"W. A DISTANCE OF 59,71 FEET; 6.036 AC. +j �� (7.47 AC. ORIGINAL PLAT) THEN ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID 3 - + FT 316, 556 SQ. . DOCUMENT RECORDED UNDER RECEPTION #380981 THE FOLLOWING TWO COURSES: j 1) N,39°05'41"W, A DISTANCE OF 40.99 FEET; 7.267 AC. +/- �'`---„S .7$°00'00„ 2) N, 88°42'51"W. A DISTANCE OF 262.06 FEET TO THE POINT OF BEGINNING, SAID TRACT OF 0 ''~� LAND CONTAINS 6,036 ACRES AS DESCRIBED, APPROXIMATE CENTER LINE " ... `^ 93 c ROARING FORK RIVER ' FOUND #5 REBAR &ut 1.25" PLASTIC CAP�� PLATTED BUILDING ENVELOPE FOR PARCEL 3 SOPRIS ENGINEERING -LLC NO ENVELOPE SHOWN ON PLAT FOR PARCEL 2 TAKEN FROM GOOGLE MAP DATE 9-22-2011 L.S. 14111 �/ c ' '� CIVIL CONSULTANTS MAIN STREET,N SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM PARCEL 2 DAY TIE ORIGINAL x FOUND #5 REBAR -......._. - ..._..._.._... __..._....._ .._.._._ - Lf?� : 1\ ;'1 m25.00' SUBDIVSION p AND THIS PLAT Z FOUND #5 REBAR & 1'25" PLASTIC CAP L.S. 27613 _... ��.L2 FOUND 1.25" ILLEGIBLE _ ACCESS & UTILITY EASEMENT THIS PLAT ACCESS AND EASEMENT DAY SUBDIVISION EXEMPT VACATED PORTION / SET #5REBAR & 1.25' PLASTIC CAP \502 #5 REBAR & cn L.S. 28643 (TYP,) PLASTIC CAP � � � o ° o \ / O ca� m \\ ADJUSTED AREA: LAND TRANSFERRED FROM PARCEL 3 TO PARCEL 2, THIS PLAT ` AREA = 8750 sq. ft. 0.201 acres \I FOUND #5 REBAR & / 1.25" PLASTIC CAP �� L.S. 27613 ` \ / �`cu C1 , co 68, 8, I G8°3103 '45, UTILITY \ \ PERA co °N '/ \ \ / Y; ON PLAT / A ry ON LOT 2, THIS PLAT ACCESS EASEMENT // / i \ THIS PLAT . -// / / / S 89°42'00" W - , �)i �� I N N MAYFLY EE R IiTC I~ O t EOW ERS SaI"IO PO BOX 1856 CARBONDALE CO 81623 ASSESSOR PARCEL No. 239336220006 . __. _._ _ ' (PER THSPLA ) M - - 58.80'...._.- ,,;.: 9�2 .h N 88°42'51" W Ls X 262.06' �., .. �� Co'� , ' O *9 • N 00°53'34" P.O.B � E FOUND #5 REBAR & 4 \, / \ i rn PARCEL 3 cn 22.18' N 39°05'41"W �,\ \ 1 PER THIS PLAT , 1.25"PLASTIC CAP ��t. 0 , _ L S. 28643 40.99 •,��Crrr �� �--- - S 89°42'00" W 374.37' (RECORD) 353.00' (PER THIS PLAT) S 89°24'57" W BASIS OF BEARING 287,67' "EASEMENT AND RIGHT OF WAY FOR TOTAL ACCESS, S 89°42'0W W INCLUDING" UTILITIES FOR THE BENEFIT OF PARCEL 3 38.34' FOUND #5 REBAR & FOUND #5 REBAR & FENCE REC. NO. 500018 (BOOK 997 PAGE 120) RECORD) HATCHED AREA ( 1.25" PLASTIC CAP 1.25" PLASTIC CAP FOUND #5 REBAR & L.S. 27613 1 R CATTLE E i I I Y, LLQ L.S. 26950 1.25" PLASTIC CAP PARCEL 3 TIE PER DAY SUBDIVSION NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL 126E COUNTY ROAD 100 L.S. 28643 RECEPTION No. 495060 MARK S. BECKLER, P.L.S. 28643 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE CO 81623 N 84°31'0V W 482.49 (P.O.B. PLATTED) AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN �O° ~ x YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. KK GRK 16235 9/4/2018 M:\3600dwgs\16235\PLAT\CIVIL 3D\16235 C3D-AMENDED FINAL PLAT 1.DWG YEARS