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01.0 General Application Materials
RGKMBK Family LLC and Frances Betts Garfield County Application for Basic Correction Exemption Submitted by: BALCOMB & GREEN, P.C. 818 Colorado Avenue Glenwood Springs, Colorado 81601 Ph: (970) 945-6546 www.balcombgreen.com TABLE OF CONTENTS Garfield County Basic Correction Exemption Application RGKMBK Family LLC and Frances Betts 1. General Application Materials (including application form, application fees, and signed Payment Agreement Form) A. Proof of Ownership B. Title Commitments, Lienholders, and Copies of Deeds C. History of Subject Parcels and Narrative describing request and related information D. Names and mailing addresses of properties within 200 feet of the subject properties E. Mineral rights ownership for the subject properties F. Authorization letters G. Statement of Authority for RGKMBK Family LLC H. Pre -Application Conference Summary 2. Vicinity Map 3. Water Supply and Waste Water Management Plans A. Septic Permits B. Well Permit C. Well Sharing Agreement 4. Covenants 5. Response to Standards in Article 7, Divisions 1, 2, 3 and 4 6. Response to Section 5.204 (C) Review Criteria 7. Appraisal for School Impact Fee 8. Final Plat 9. Past Referral Comments from the Colorado Geological Survey Review 10. Engineering Reports 11. Information on the Adequacy of the Existing Access Driveways to Serve the Proposed Lots 12. Cost estimates for Any Major Improvements Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision • Preliminary Plan Amendment Major Subdivision • 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: RGKMBK Family, L.L.C. and Frances Betts Phone: ( 225 ) 923-0424 Mailing Address: 7436 Richards Drive City: Baton Rouge State: LA zip Code: 70809 E-mail: rgkmbk@cox.net and francesbetts@gmail.com Representative (Authorization Required) Name: Chad J. Lee, Esq. of Balcomb & Green, P.C. Phone: ( 970 ) 945-6546 Mailing Address: 818 Colorado Avenue City: Glenwood Springs State: CO Zip Code: 81601 E-mail: clee@balcombgreen.com PROJECT NAME AND LOCATION Project Name: Basic Correction Exemption Application for RGKMBK Family, LLC / Frances Betts Assessor's Parcel Number: 2391 - 183 - 00 -183 See* Physical/Street Address: 7201 and 7202 County Road 100, Carbondale, Colorado 81623 Legal Description: See attached Warranty Deeds *2391-183-00-182 Zone District: Rural Property Size (acres): 17.450 and 17.5 Project Description Existing Use: Single family dwellings. Proposed Use (From Use Description of Project: This Table 3-403): Same. is a remedial appicatim to confirm that a 35 we parcel in Missoud Heights has been legacy severed into two approximately 17.5 acre parcels. The parcels were severed by deed in 1992, building permits were issued by the County, as well as separate assessor accounts, and there are now homes on both lots, one of valid' has been in ndstence since 1993. Applicants request a cor5nnatim of a bask correction exemption d both Tots. The Mine d this application is not a waiver of Appicads' rights to assert Mal he parcels have already been subdivided by operation of law, and/or that the County is and must be estopped from seeking any concessions m the subdivision process. Rather, applicants' application in this instance merely seeks formal, administrative ratification of the County's prior approvals of the severance already effected, in the most efficient and practical manner.. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 2 34.95 Duplex Multi -Family Commercial Industrial Open Space Other Total 2 34.95 REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203(E)(F)(J)(K)(L) Section: Section: 5.401(A)(C)(E)(H) Section: Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-404 to the extent applicable Section: 7-107 to the extent applicable 0 Section: 7-405 Section: 7-306 I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Vjt Signature of Property Owner Date !I • 8.018 OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Nov 0618 09:32p p.2 ect Des iption 1 1 pros Slagle ti tar tdwellings + Existing Use; into twopt6tr21etY t7.5aC'aPar`"�' 1 vesers �Me- ` Table 3-403 dunHelaMhaspeen1e8 ' l 1 proposed Use Wrorn Use aiat a 95 acre Parc) 'MI6' � �' nto oohtltn' heron bosh lols.Oiie D7 11 lids U- a mamba: °PPl1Bti0 arid lhete aro n0`1+ I The We pt4on of P rojeet: d py the County. as wets es aeDarate assess have ewer. milts were Issue �• t0 user �' the P� The parcels mere le Breo by deed a at u992 0u17dtp9 ria me app;icaaon is nal a same! of.appr arpmPM'-^ d pod' loll. The f5n9 a Ocatton tin WS ��;pn of a hate conarApe Rather apparels' 8PD In existence o+"°° 1863. MPIKa� ram>as► a pons ne in the SUb��°n process. ed from seeking any comma t tha:'he County t3 end must be estopped dices manner. o e•atop of law. andJo,�Dg already elected in the most efficient and f� Inst a Instance mere bye royals o` the Mstanoe merey Seeks formal, admlNstraave i8t8catton of tha County's Dror app i 11 Acreage Parking —1 34.95 ----- rproposed Development Area -,— # of units ILand Use Type # of Lots i . I Single F y _-- I_.— 2 t--- —_ Duplex - Multi -Family - �--- i Commercial-----�— industrial .--.r Open Space Other I— --- Total ____________I 34.95 REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4203(E)(F)(J)(K)(L) Section: Section: 5.401(A)(C)(E)(H) Section: Waiver of Standards Q The Applicant is requesting a Waiver of Standards per Section 4-118. List: cortfnn• 7.40410 trig extent anoncaote cort;nn • 7-107 lcUlte extent apulicabI Section: 7-405 Section: 7-306 I have read the statements above and have provided the required attached information which is correct and accurate i the best of my, knowledge. Signature of Property Owner [ FFIC1AL USE ONLY Data 1 File Number:____—___..— Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Frances C. Betts agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Basic Correction Exemption Application to create a legal exemption 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Frances C. Betts Billing Contact Address: 7202 County Road 100 Phone: ( 704 ) 609-3952 City: Carbondale State: CO zip Code: 81623 Billing Contact Email: francesbetts@gmail.com Printed Name of Person Authorized to Sign: Frances C. Betts ..2bf/iekl,t-P &(21c-- il . 8. 2-61 6 (Signature) (Date) Nov 0618 09:32p p.3 M PAYMENT AGREEMENT FORK KMBK Family, L•L.C. GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT') agree as follows: application for the a`llowing eXetYlpt'ton�• 1. The is Co Applicant has submitted Ori Application an to create a leg Basic Correction Exemp Resolution No. 2014-60, as 2. The Applicant understands and agrees that GarfieldCounty s and the guidelines014-6 for the amended, establishesh{eees schedule for each typeapplication, administration of t Applicant and the County agree that because se of the eaiz size, nature e fullsur extent scope of tof the 3. The s a meet of the Base proposed project, it is not possible at this time Applicant agrees to make p V involved in processing the application. The App established for the Project, and to thereafter permit additional costs to be billed tot e Fee, payments upon notification by the Applicant. The Applicant agrees to make additional p Y County, when they are necessary, as costs are incurred. of County Commissioners for the 4. The Base Fee shall be in addition to and exclusive consulting service determined necessary by the Board any cost for publication or cost of overed by consideration of an application or additional County staff time or expense not shall pay the Base Fee. If actual recorded costs exceed the initial Base Fee, the ApP of the Project. additional billings to the County to reimburse the County prior for to tthethe oef'nal+consideration by o The Applicant acknowledges that all billing shall be paid the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: Roy G. Kadair Belling Contact Address: 7436 Richards Drive ,City: Baton Rouge 'Billing Contact Email: rgkmbk@cox.net Phone: ( 225 ) 923-0424 Stotc; LA Zip Codec 70809 1 Printed Name of Person Authorized to Sign: Roy G. Kadair .`7 (Signature) (Date) 1111P,IIIAUli'iP'IiMiri,finati), 11111 Reeeptiontl: 878936 06/28/2016 10:20:35 AM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO Return to: David Lclnsdort, rsq. P.O. Box 187 Crested Butte, CO 81224 SPECIAL WARRANTY DEED Roy G. Kadair and Margo B. Kadair whose address is 7436 Richards Drive Baton Rouge, LA 70809 for good and valuable consideration, in hand paid, hereby sell and convey. to RGKMBK Family, L.L.C., a Louisiana limited liability company, whose address is 7436 Richards Drive Baton Rouge, LA 70809 the following real property, in the County of Garfield, State of Colorado: The property described on attached EXHIBIT A, also known as: 7201 County Road 100, Carbondale, CO 81623, with all its appurtenances, and warrant the title to same against any person or party claiming any interest therein by, through or under the grantors, subject to the lien for 2016 and subsequent real property taxes and assessments. Signed this f 1 -day of �Y1Qi , 2016. Roy . Kada' Ma3giB. Kadair STATE OF 1,0111 V AIM"- PARISH OF t5m vv' tale, ) ss. 43• a�ae-,...- The fo egoing instrument was acknowledged before me this llday of Otte/ , 2016, by Roy G. Kadair and Margo B. Kadair; :`' •' ' ' .1,, Witnessmy hand,..••..:.; i and official seal. I /1,, ,/� �,, - ` ,�'•.•;_,.'•-�:;: • ,; . My commission expires: U�I�l�� 1 �`�`�: Si `•` . i .... - .t; -tom, ~r =?; .T..�;- . wiry :J . ti Notary Public III1l11rr>O} 9 IY1JF1111,>1E21AIN 11 111 Receptlon#: 878936 06/28/2016 10:20.35 AM Jean Alberico 2 of 2 Roc Fee $16.00 Doc Fee:0.00 GARFIELD COUNTY CO EX IiBIT A A PARCEL OF LAND SITUATED IN LOTS ,4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH,, RANGE B7 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND NORTHERLY DP A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; _ __ _ COMMENCING AT THE SOUTHWEST CORNER•OF•SECTION 18 OF SAID TOWNSHIP AND RANGE, BEING A GARPIELD CCNNTY BRASS CAP R4 PLACE; • THENCE N 01 DEGREES 5777" E 1342.35 FEET TOTTIE TRUE' POINT OI BEGINNING, BEING A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. #7922:IN PLACE;• THENCE N 01 DEGREES 22'17" W ALONG SAID PENCE LINE 957.92 FEET; THENCE LEAVING SAID PENCE LINE N 89 DEGREES 5608" E 794.31 FEET; THENCE 5 01 DEGREES 1718" E 957.89 FEET ID A POINT IN SAID EXISTING FENCE LINE (WHENCE A REBAR AND CAP L.S. # 12770 BEARING N 01 DEGREES 1716" W 5.78 FEET); THENCE ALONG SAID FENCE UNE S R9 DEGREES 56'08" W 792.92 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH AND SUBJECT TO THE FOLLOWING ACCESS AND UTILITY EASEMENT A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 19, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE N.19 DEGREES 33' 37" E. 2440.97 FEET TO THE. SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REBAR AND CAP L.S. #19598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE 5.99 DEGREES 56' OB" W. ALONG THE SOUTHERLY LINE OF SAID "PARCEL D-1", 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE N. 01 DEGREES 17'18" W. 273.13 FEET; THENCE N. 89 DEGREES 56' 08" E 20.00 PEET TO A POINT ON.THE EASTERLY LINE OF SAID "PARCEL D-1"; THENCE S. 01 DEGREES 17' 19" E. ALONG SAID EASTERLY UNE 273,13 FEET TO THE TRUE POINT OP BEGINNING COUNTY OF GARFIELD, STATE OP COLORADO 856527 11 /26/2014 01:39:38 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $85.00 eRecorded II 1 I III III I MI II II III I II II Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: November 24, 2014 $ 115100 THIS DEED, made on November 24, 2014 by BLUE MOON RANCH PARTNERSHIP, LTD, A COLORADO LIMITED PARTNERSHIP Grantor(s), of the County of TRAVIS and State of TEXAS far the consideration of ($850,000.00) *** Eight Hundred Fifty Thousand and ¢81100 *** dollars in hand paid. hereby sells and conveys to FRANCES CRAWFORD BETTS Grantee(s), whose street address is 7202 COUNTY ROAD 100 CARBONDALE, CO 81823. County of GARFIELD, and State of COLORADO. the following real property in the Cowry of Gadd, and State of Colorado, to wit SEE ATTACHED "EXHIBIT A" also known by sheet and number as: 7202 COUNTY ROAD 100 CARBONDALE CO 61623 with all its appurtenances and warrants the tide to the same. subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2014 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT a41 ATTACHED HERETO AND INCORPORATED HEREIN. None (� BLUE N RANCH PARTNERSHIP, LTD, A COLORADO LIMITED P P .........ix. MORRIS EUGED3 DE GENERAL PARTNER State of COLORADO County of EAGLE The foregoing i utrimment was aclmowledged before me on this day of November 24, 2014 by MORRIS EUGENE DENTON AS GENERAL PARTNER BLUE MOON RANCH PARTNERSHIP, LTD, A COLORADO LIMITED PARTNERSHIP 1 JENNIFER l6C NOTARY PUBLIC STATE OF COLORADO N°"r"RY t° 20034034379 ExpiresOctober 21, 2010 When Recorded Return to: FRANCES CRAWFORD BETTS 7202 COUNTY ROAD 100 CARBONDALE, CO 81823 Form 13082 09/2008 wd.open.odt Warranty Deed Open (Photographic) BAR84000258 4205244301 re 856527 11 /26/2014 01:39:38 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $85.00 eRecorded EXHIBIT A PARCEL A_ A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND SOUTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE, THENCE NORTH 01 DEGREE 57 MINUTES 27 SECONDS EAST, 1342.35 FEET TO A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L. S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE NORTH 01 DEGREE 22 MINUTES 17 SECONDS WEST, 957.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID FENCE LINE NORTH 01 DEGREE 22 MINIFIES 17 SECONDS WEST, 950.48 FEET TO A REBAR AND CAP L.S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID EXISTING FENCE LINE NORTH 89 DEGREES 06 MINUTES 15 SECONDS EAST, 795.52 FEET; THENCE LEAVING SAID FENCE LINE SOUTH 01 DEGREE 17 MINUTES 18 SECONDS EAST. 962.00 FEET, THENCE SOUTH 89 DEGREES 56 MINUTES 08 SECONDS WEST, 794.13 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: AN ACCESS AND UTII TIY EASEMENT DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6111 PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 19 DEGREES 33 MINUTES 37 SECONDS EAST, 2440.97 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REBAR AND CAP L.S. #19598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 MINUTES 08 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID "PARCEL D.1". 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01 DEGREE 17 MINUTES 18 SECONDS WEST, 273.13 FEET; THENCE NORTH 89 DEGREES 56 MINUIES 08 SECONDS EAST, 20.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID "PARCEL D-1"; THENCE SOUTH 01 DEGREE 17 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY LINE, 273.13 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Fong 13082 09/2008 wd.opeaodt Wanunty Deed Open (Fhotograpldc) BAR64000258 (20524480) 856527 11 /26/2014 01:39:38 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $85.00 eRecorded EXHIBIT B Poverty Adthess: 7202 COUNTY ROAD 100 CARBONDALE CO 81623 RIGHT OF THE PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR I TIFRSECT THB PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909 IN BOOK 73 AT PAGE 368. ALL OF THE COAL, ASPHALT, OIL AND OTHER MINERALS TOGETHER WITHA SUFFICIENT AMOUNT OF THE SURFACE OF SAID PROPERTY AS MAY BE REASONABLY NECESSARY FOR THE PROPER AND COVENIENT WORKING THE MINING OF SAID MINERALS AND SUBSTANCES. AS RESERVED BY THE COLORADO COLLEGE, A COLORADO CORPORATION IN DEED RECORED MARCH 06,1953 AS RECEPTION NO.181901, AND ANY AND ALL ASSIGN®VIENTS OF INSTRUMENTS PERTAINING THERETO. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN AFORFEITURE Eli REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR (RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH INAPPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION I8 PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JANUARY 27,1978, IN BOOK 513 AT PAGE 322 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 21, 1979, IN BOOK 523 AT PAGE 201 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 08, 2992, IN BOOK 849 AT PAGE 274. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CON PAINED IN EASEbIENTAGREEPAENT RECORDED OCTOBER 02, 19861N BOOK 696AT PAGE 334. EASEMENT AS GRANTED TO ARTHUR WALDRON ACKERMAN IH AND SUSAN MOORE ACKERMAN IN INSTRUMENT RECORDER FEBRUARY 26,1992 IN BOOK 824 AT PAGE 578. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN WELL AGREEMENT RECORDED FEBRUARY 26,1992 IN BOOK 824AT PAGE 580. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF WELL AGREEMENT RECORDED FEBRUARY 26,1992 IN BOOK 824 AT PAGE 585. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED APRIL 16,1992 IN BOOK 828AT PAGE 871. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED AUGUST 23, 2006 IN BOOK 1834 AT PAGE 287. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT (EIt1IFIED OCTOBER 29, 2014 PREPARED BY HIGH COUNTRY ENGINRERING, INC., JOB NO. 2141759: RIGHT OF WAY FOR DITCHES AS SHOWN ON SURVEY. Form 13100 0$/2008 b2ezhibit.esCrow.odt BAR64000250 420814430 Land Title' GUARANTEE COMPANY --.Shia[ 1J(? -- Land Title Guarantee Company Estimate of Title Fees Order Number: GW63012478 Date: 01-03-2018 Property Address: 7202 COUNTY ROAD 100, CARBONDALE, CO 81623 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: FRANCES CRAWFORD BETTS Visit Land Title's website at www.Itgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $211.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $211.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 7202 COUNTY ROAD 100, CARBONDALE, CO 81623 1. Effective Date: 12-01-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 Order Number: GW63012478 Customer Ref -Loan No.: 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: FRANCES CRAWFORD BETTS 5. The Land referred to in this Commitment is described as follows: PARCEL A: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND SOUTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE, THENCE NORTH 01 DEGREE 57 MINUTES 27 SECONDS EAST, 1342.35 FEET TO A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L. S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE NORTH 01 DEGREE 22 MINUTES 17 SECONDS WEST, 957.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID FENCE LINE NORTH 01 DEGREE 22 MINUTES 17 SECONDS WEST, 950.48 FEET TO A REBAR AND CAP L.S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID EXISTING FENCE LINE NORTH 89 DEGREES 06 MINUTES 15 SECONDS EAST, 795.52 FEET; THENCE LEAVING SAID FENCE LINE SOUTH 01 DEGREE 17 MINUTES 18 SECONDS EAST, 962.00 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 08 SECONDS WEST, 794.13 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: AN ACCESS AND UTILITY EASEMENT DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63012478 Customer Ref -Loan No.: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 19 DEGREES 33 MINUTES 37 SECONDS EAST, 2440.97 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REBAR AND CAP L.S. #19598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 MINUTES 08 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID "PARCEL D-111, 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01 DEGREE 17 MINUTES 18 SECONDS WEST, 273.13 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 08 SECONDS EAST, 20.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID "PARCEL D-111; THENCE SOUTH 01 DEGREE 17 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY LINE, 273.13 FEET TO THE TRUE POINT OF BEGINNING. 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. AMERICAN LANG Tl Tll ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63012478 The following are the 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. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63012478 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 THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909 IN BOOK 73 AT PAGE 368. 9. ALL OF THE COAL, ASPHALT, OIL AND OTHER MINERALS TOGETHER WITH A SUFFICIENT AMOUNT OF THE SURFACE OF SAID PROPERTY AS MAY BE REASONABLY NECESSARY FOR THE PROPER AND COVENIENT WORKING THE MINING OF SAID MINERALS AND SUBSTANCES. AS RESERVED BY THE COLORADO COLLEGE, A COLORADO CORPORATION IN DEED RECORED MARCH 06, 1953 AS RECEPTION NO. 181901, AND ANY AND ALL ASSIGNEMENTS OF INSTRUMENTS PERTAINING THERETO. 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JANUARY 27, 1978, IN BOOK 513 AT PAGE 322 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 21, 1979, IN BOOK 523 AT Old Republic National Title Insurance Company Schedule B, Part 11 (Exceptions) Order Number: GW63012478 PAGE 201 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 08, 1992, IN BOOK 849 AT PAGE 274. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN EASEMENT AGREEMENT RECORDED OCTOBER 02, 1986 IN BOOK 696 AT PAGE 334. 12. EASEMENT AS GRANTED TO ARTHUR WALDRON ACKERMAN WAND SUSAN MOORE ACKERMAN IN INSTRUMENT RECORDED FEBRUARY 26, 1992 IN BOOK 824 AT PAGE 578. 13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN WELL AGREEMENT RECORDED FEBRUARY 26, 1992 IN BOOK 824 AT PAGE 580. 14. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF WELL AGREEMENT RECORDED FEBRUARY 26, 1992 IN BOOK 824 AT PAGE 585. 15. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED APRIL 16, 1992 IN BOOK 828 AT PAGE 871. 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED AUGUST 23, 2006 IN BOOK 1834 AT PAGE 287. 17. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED OCTOBER 29, 2014 PREPARED BY HIGH COUNTRY ENGINEERING, INC., JOB NO. 2141759: RIGHT OF WAY FOR DITCHES AS SHOWN ON SURVEY. Land Title (r f ',MA --%NLc 7Jn--- 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 and Meridian Land Title, LLC, as agents 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 access 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. Land Title GUARANTEE COMPANY —Srric, r)( -- LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS 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 treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owners 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-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 the 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 owner's 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 a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: 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. * -k Commitment For Title Insurance * Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 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 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 met 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 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. (f) "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 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 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 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 LIABIUTY (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. LIABIUTY 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 be 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]. (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, 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 at 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.alta.org/arbitration• Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 o— Mark Bilbrey President Rande Yeager Secretary AMERICAN LAND litLE ASSOCIATION This page 1s only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. 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 I;cenees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprnted under license from the American Land Title Association. Land Tut le Guarantee QxTpany Date: December 21, 2010 ROY G. KADAIR AND MARGO B. KADAIR 7436 RICHARDS DRIVE BATON ROUGE, LA 70809 Enclosed please find the title insurance policy for your property located at 7201 COUNTY ROAD 100 CARBONDALE CO 81623 The following endorsements are included in this policy: Deletion of Standard Exception(s) Pleme review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final tide policy, you may contact Title Department Phone: 970-945-2610 Fax:970-945-4784 Please refer to our Order No. GW63005285 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will he able to provide future pmducts and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. 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(4'bused':lleharedrnredin9dedleA Q) lie tam' irared' also kiwis (ly su enctstott eThed thel aredbycgnalknd asdstigishedficrnpicke kirdrgIdrs diAsees,stnAce, Fawn rep aretalhes; a red d Idri (14a ce urstoanksuedbydaiktial new, canddielia; dstrrhtia4 areae iimlimt smeesastoanksuedbyasmredadoadherkbald Batty, (II emceed anhand ere adeddieedeantpwart d adtal %skirl:McMekincn.eyigUenle (1) If tiestcds slsesr rtathad4Fds; a dfamay tensed the gateearewhilyomedWife ruled hared (2) K tie gateewldyamsthemined lrarel (3)11 tie gate lswldyawredbyaraale&B Ityd tie mid Inaral praAdedtheaftiifdedatityardtherandfrwedare 61:thvrta/aaredbythesatepersma Bitty, a (4)ifttegoatees trustee abaelidaydatnataerated byaeaten Instnnetedattidedbyfte !rend rend fn9dedleA faaside EF rirgpees (I) Wthrtsgadto(A), (4, (q, ad(t re inng hanesa, afl rkjtsarddderaidastoanysuxe ereatthelbrtpmymidkinhilacgird ay pekoe= hued (e)inuedaaktat":Anlnareddaftrkgkescrdeem (I) "Knead}' a'i4rmrt': Adtd lioMectA rd oadndiue knMety cr nolkethet !nye krptedtoa tIraredby rearm d the RLic Iimmd;a ary dte rmal:Mkt input catndisrendiced rtdtersatfe ligthelitle "lan':TheercicisaitedlnateileAaddfltedkrpovenatstlgbylaincriaid.tetedatgatty.7ldetam'lard'ctemi knee ary pcpityI n1 the bed them decried InStledleA rrs En/ d t,1W4 steed, estate; a eesanet fns dtkgsbede rad; stein tares, ways, a wale m% le tlisdrs rot rrodlya irtt Vestal del a rigt d &meetoartlfrantle lad Is hared bytltsFdcy. Q j'Matgg.+': Ahrigy, diedd trial, trial del a dh3 smutty kdruer kdidrgaesteward bydedraic neasadlnitadby tan (I) "Rtic Fexmlf: Rixrdiestalisluludi ststestatuksatlbtedRicirfatlepupoedirpntkgamdndiverdioedrdn3ltasrddfrgtore misty to pudndeasfawlreallelhnu R a leigs VIM resFeA toOmmdFlsk5(4, "Blit Rcadk'ski ab3irc rceatira anal pdeWmlast a froths reoadidttedakdtielilted 9l:sesOstrfdOmit fa tie ddrklenrage Land Islased ®'Tftic':Theelated steed dsaibedfnSdetleA 'LnaletalleTan':lite affected byanaiegedaaaet natterthd wdsida:mit apaxiedPoepicker a !mad 1heTttlea lase ante Titletote redecmdfrantledtilglkntopuddeglease;aIediftiaefsadutradtelmdtlmrer}6tgtled esydrnefetdtetple 2 OCNi1MJATiCN OFIIWCE Ile co dtHspdicyalaioitimeinfaoesealI ted Racyhissdankilted Fatafysokrgasthehared rt 5 anestdewIdee9IrateIasia kkbamiligliaisimedbopmtutenuay AlitgeygtaltyaledgerfrdmtleIrma!aatyasiFelreueistdieue5ds5tybymend metiesfnanytraderaaaie,eredtfelitlelhepdfoyddlydcanineInfarceinfa rdaypudeseriantIelrnredddtFuQ)mesiateaitaestin the Lana tlf)andigatimsteed byaruckeermrayNMgrycjuedtotielrared AOQir06a2 Cbir F%rp2 d 5 3. NOB CECFawn TOBEOVEN I3Y INSURED CLAIMANT lleintuoistalnotify Ilearrpayprarplyhwrili g(f)incasedaryMi timass1tathlnSbQim5(a)dthroOndtias,(1)hcaaeWonted,datlomeat aniraredtaeurbrdayddmdtinea'Mast tial isalamtotheTlle;asira e:1ardtletnijtorraekeradatrag:lazfi trttoOrrpaynaybelatfe by*toed tits pdky,a(IQ Ifthelit asbused isn eder ltuarkelatieThe If tie amen/ lamp:Iced lajthefallued inandacirrnitopovkb amp riiic% tteammistatillytolleinsadCidnent ueirtiepioydel be redcallotteertat d tiepej. ae 4. PFIXFCFL(SS India mat tteQrrpayisudietodkantetfemud d kssadaiaj; tIeQnpaynay; at ftsgtia; mite asaamidmd input that tie hared Qalratlurishadgedpai d kmltupodd iossma daaYethedded, le{ enartrace, critter Mar iraredag#d bittispikythet ardttestle Feud lad crc stage ristril stat‘ totheatat pad* thebasisd adalaltglieamut d tie Io$ada dy. 5. CEFENSEMD FFCBECUTICN CFACTiCNS (a) lisnatittenregra bythelrara( mistier! totheg1iasoatainedinSbdim7d theseOrrftias,tt eOrrpay,at hemmed adwphat uratanablediaK dd potchtatiedfesed an band hitiglimhvilifiarytiidpetty aseatsadeinwaaedbytiispdicrirada mtolls (rand 1HsdligtimisirhedtoafyInas staledoaaesd aAimateyrgmites reared ag Lytics dq,..'Deana ystall Waite VI to skid aural d itsddm(sdiact lottorkjt d Itoi aredtodjed tarrarrdieaux) toreperrt tie lraredastothoestatedaumsd adim It steal rd telatiefaadwi rd praytteteesd aydlaoared.7ie0:rrpaywi rat pay ayfees cal% Cf 01331333innedbytlebaredhthe Wined tlnreaaaesdadimttelMeg nettesndtraredaglydbyttispdky. (b)lleQrgeydot taetteri¢t, inaditimtottecdimsartakedinSi1Im7d ttrr eanItiai; at itsomcort, to irgftUearsipaeeatearyadimcr paceedrgatorbanydiaatdel initsgiimnaybereoesrayacbMatietoc rthelftie;ashandatopaalcrtakekascr clang±tottehawed ltearr{aynay tale ay aFpcpirteaytlmudrthetatted tlisODA wldIaardftdel inlatietolteirandThe embed time ri¢tsdy'rotbeanadriskmdBratty avveherdavpaisiardIds tteCtugnieercirsitsrigtsudrtlisatextim, ft and tosodigniiy. (c)Warmer the Qripayt madimatordsaddetmasrecdredao-matedbyttispdioy;ttemrparyrrayarsetielrticglimtoafad chtania Imbyaoout d =plat juisddion atilt (madly tea:motteraft, initssdedsmilor; toappd ayadisejugad aartr 6. DUTY CF INSLAED CLAMANT TOODCPERATE (a)IndlogewteettispdioyparrilsaratiwifeCanarytoposnteapatchfattedkattedenyadimapaeadrgardany tie karat steelsearetotI cbi yti erigttomporaateapatcbdkawhtteadimaprooaedrgkrkdrgtterijttomatftsgxia%thenonedthe Irtradta*brume Warder te4m aitytteQrrpay,ttelrarecmattieCmpaylse xnAstrdiOvalleCripayalreaaQdieaid(1)h srurgalcircg atatingteittraort pracatirgcrcidadrgtteadkncrgmein;aeffedigadtlarat,ad(i)haydta[addadfidinthe dthe armory rraybeamatory addralietoestalishtheTdleaany&Ernada mimedIttieQn}ayispejrrlaedbythefa<luedthe irdmitofultddierecptedoogaatla;tteQmaysar:Oadothelnsredudr'In ioyshkltemtata,hdukgayNab6tyadikptimto dtay poeocte; aaathrearyRigida; with regsdtothenatteranines ragtag sudrmgsetim (b)1leQrrpairreyreaearatiyrecabethebaredQainatambit toeartetknart?raetlrbycryatimaxiwesetatkedtheQnpayandto poiaeeridialMedia;admpyigatsdue rrdtethaatdplaraasnayheri>skjrdadbytteatialernpeertalluedtleQngry, Ell text* Embalmer nedunreitai g hdcdrgbods, leder dads, nerd mewl:1mA repots, endis; dale, tapes, advkbasvctdlia ba injadatebdaeaattaIbledMoir,tMreasadiypatalntothstoasad nrAFinis,ifre}rstedtyayauhairedrtpaatatkedthe Orrin* tie irandacinart the gat ilspenission hwrftirg icr ay alitriddnizesertathed theOmmytoaaiir; lisped, adaolyat d OEM reoacbhtteaatadyaaairddatttdpatytMreemdiypatdntothebesachimp AGHmratknckkgdedasmiktstlatIytteband Mitred patdadtotteQrrpayprrswa toths9dimstd rd tedsckeritodiesuirt4 in tie reaaadielutjiet d Osamu* hisreoassay In the adriistradmd ttedaim Faired the band Mind tosinit laaenidimads cath podneayamorally masted idat die; ager panisskntossaremarnallynximayirtamdaihantticipatlesastegirelinthisabsectkr; triespatilbribilmcrgaermatalreglaqon stdtanirrdeanyd thethrpEryurcarlitspiopototiel claim 7. CPTICNS TO PAY CR ORESESETTLECLNMS;TBHVIINATiCNCFUABUTY Inroad adahnmixtttspiloA tie Orrpa /dad Iaetteldlo irgatltlard Edicts (a) ToFtayaTartr Wart d no kraut d hemi To py a terair paput d theArcut d ham= =kr tits glicy loythEr wfthavcarig attanest tees adegreseslnnedbite basal Minn that ware arbitredbytheQnfayrptottethed reknit cr tar* d puma adttat thdt n1 ayisdicjtedtopey. *nits aedsebide Cagan/ dtitration atla tilyarridiigdiandtinOman/totleiraredurdrV spdky,dhathird°ruddily mart napiedhlheslsedia; dad tenirde;indairgavWhy adigtimtodkat prorate, a cattle ay Rigida% ToRryaCthrwis39Elile Wth ildlesate lie nthebaredaWthtte lrareiGainai. Topayadtewisesillewfthdhrartiesfaainflamed anbruedQehat aydainharedmixt mix this pc 4 Ina ttticn the Qnpaywllpeyaymsis,at1anaidfeet adegasrshanedbytteiraiedaa iaitMwesada:deadbytleQnpaytptotlethed Farad fishtail the/mew isdirjtedtopaya (i) Topayadhawireddievrdhleintualaairatthe ioesaanew padcbdfaurbitits pdby,tagllawithal/ aasds,attat fees; ad ega®dtarred bite halal Chiral lid wee atlniaadbytheCar ayEptothettre d wet mitre tteClammy isdifrghedtogy. Lixrdiesacite b/ tie Oxrpary d Eithr d thecdiaroptdcbcdcr inabractiandb)(0 a®, theanTarysdigtiastotheiraredudertits gikytcr tie ckim:diascr dram craw ttentlepojnattsteedmitobe nach tentat4 irdukungsbalycr ctigliadocatottpoteaie,a rattreayltiglim a OSU INATiCNA DEXTENiTCFUABUTY llispd+aytsaattract d hairnityagird wed =day laesadtnag:adaseda innedhytie lrandadrari whotnss fferedl®sadriayby reesmd mltasharedagkra bytifspdicy. (a) 'Weeded d liablityd 1heempty les kora drag uair disp tky den nd armed do tester d Mlle/mut d!unarm a (i)the d asaobAwearthe%d.edtteTdleasirmadadtinwendthelitlestjedtotheriscbemingiirthitltoopdioy. AOQ r05,3 QuaPa" 3d5 (11KttemnprypusaitsrkjesudrSteetim5dthew OrdlkreatI tm esaft1he1 ffrt31feTitl as vaxrd 9 thelbari d Irararoediel teinsreedby 10%, ad Mile fraredaerratdal 'melte VItoWattle ke§ad detankeddtterasdtFedtethedolmasnarktythetraralaainrrt a asd tlechtefl isestUadadpakt (c)inadh b totheeter* d iabBtyutbr(a) ad(t), ihetbrpaywitl alsoiryrllneea sts, ataytyd fees, ardwermsiminedham ttimewQhadkre 5ard7dUwe tkrs 9. UMITATiCNCFUABUTY (a) If theCtarayeratkiestfeThis a ranseslhealapddded, Ier, aetur rate, a casette la:k d a riga dawes toc irantte lard aces tledaknd Utrafa'dieltt14 aliastrratecl, Inareassr,atlydime inns a/ayn im rx minyltkjeknadtleompctknd ayappeels, It fiat hweftlypafanaditsdilptkrewfthnapedtothrmeta ;Waive notbeiatlefaaykasadarapasadtothebared (q Intim erre dayItkplialMicky iliglimbythe°spryawahtheanTaysme3t,tie mrpayshe' Mae roli ityfalomad won Hue lsst eenaffral dstenistimbyaaart d a npelaa juisldiot adcfspodUmd fi appeals, ad.asetoth:litle, as bared (c)Tie mrpaydtilnotteidiefakasadaresptotleirarfedfaBat ty%clutatya®rredbite barredhsettigaydaknastilwithal the pria imlttamasat d tleaamery 10. FECUCTiCN CF INSURANCg FEDUCi1CN CR TEFM1NATiCN CF UABUTY N!;swat surl2rtlismity,earl payrraisnarhfaaosts,attarei'fes,mdergases,shallredeetlehrwidInmaoebithearwtdthepaynet. 11. UABUTY NCJV0.MUATiVE lie Mad d Iaraostelten:dardbyayant/attea:s aypeyscrdiarymewtarrigaMerigrytovAidrear)timistaleninStadiaBcrtowhkfi tie lrsuidhirmaedmum( aWand:Oct, aWidrfseeatedbyanIraredatteMed F radWidrisadapaiarmthelitle,adtle arum sopaidsFrd bedemnedaraytmd toile lraadurrbrtlismli 12. PAYMENT' CF LESS WasiatlityatItteedea d kesadarreeg; hwebearddiritdyfimdhaooacbmewiththremndlfas, tie moat dal benakWUin3D days 13. FIOITS CF AMERY LPCN PAYMENT CRSETTi.BI IBiT (a) Watvetheargaryfial laresAtiedartlpeidadaimudaHis pdby, ft besUaogtedadettiedtotherkjtsd tlelmueddairrat Intim-Me adall dim rkjasardreredesinnamed tottodaimthat tie Iniued asa nt tsagiet aypesmapgaty, tottee>Qet d tleararl d any kers oats, attareyd fees adetgaeesp idbilie0o iay.11 smistcdbytteQrpry, Maimed E rr shat olecir neistoevidsnett e trawler tote mnpayd bre ricjtsardreredes lielran:daahet diel pant tfedarpaytoag =pat* aOde hits raved the Iraredaetrart a itoraetherared ttefran:draa at fnaytrasadknalidc tkntrd,irgtheserigesadmaks If apaynai mamma d adaincixsnat Idly car, tie kesd tte Irs reiaakart, tfeCcrgaysteal Odatfeeradsed isrkja toreoae will atter ifefraredaairatdiat Feueremreadtskes Q rtivdthdaying any tensa cadUaemiatedfntfnretsturaist elathrest o eknrides 14. AFBTR 11cN 6thrIle Orman/ athe blued naydisunite tleclairwaoaroaasyshillbesxrritledtoattrWimpiseitotleltleireuareAtitralknRlesdtie Andean lartITMeAsixdziticri ("Rkd). Bcep a3 poklid In the Rke3, Vele ski terojcirdsr a cardtblianysith dabs cr oreitsasiceddlaprom Adriatienines ray hdak, 1st semi iritedtq ayaonlaesyadoin6etwe ntheaarpayarzithelnuedaridrgad d a niatirgtotlis ay Mice inoandia withftsfsaeseatiebeadrdapditypaidat aloam d rrcalmvesyadatnaidrgol dthetraradknljvigrisetottisp3gc AD atiaatlenelteswtariheAnne dtiara= is$2,DDo,ODDaless9dlIenitrated attHegrUmddtletleQarpayalteiraredAlatitrtlenates WertheAntut d Ireuata hiooesd $2,000,000 steal l eabtreteia1yvsarageaftolyb'hiFeClarpayadthehwal Aldratfmpusai totHs prity=lard rif a Medd to litirgcpmthepatfes Juljiai cpmtheanedretiredbytteAtitrata(s) ray tealcredlnayoart d ampdat juisktkn 15. UABUTYUMITEDTOTHS PCLIGY; P000Y ENTIFEOCNTRCT (a)Tits poiytogtiewith ;edtsareistay,attadedtotIrytleaarpayistheeritepricyaniccreadtetwantheharedadtIa zr y. In adapelirgaypaisimdtiispaigs thispdioyfiel temetnedasawtde (b) Ay daitw boa denrythet missal d the stated tteltlea 6yayadknaffray sub dainr ial terestridedtottisp3cy. (c) kV arethat d aedaarrea totffapcioymat tehwrfr"gadatimekatedbyaraufvimdpasor; a apsafytoapaatedby StiedleAdVispdky. (4Emil er t Itothispdoybaudattytlnefsnabapatdtttapdbyad!sakjedtoa7ditstemeardpaisiasBroaptasttearcb sret egtesdystates,tthan'Qnedlyarydthetemsardpaidaaedttepdfg,(i)nulfyaypkradrsaref,(10e>datlthet ed Rig, a (iv) frtreasetie Antal d terrane 16. SEIBiABUTY Intleevaiawl:m*imdthispdicghwfdeaNut, isheel heldauufacateweir apikdieION, the ptioyde0tedar¢dmetotdutefive pro dascradrpat teldtotelry* tat di dim p oesiaefial rerdnhhi faceardeffet. AOQiW05.4 b Pap4 d 5 17. CHOCECFLAIM; FORM (e)aricedlam 'Me hared aada,aled3:slteCtrtpryter uslawrittentteri maedhythiapdryarldtarriradttap Asrzda dihadain teianevpatttelanaltectirgirteestsinreaiprimlyallaglloelietotteHepetaIa{dgis,stades,aalmond dpdidesdtitle (mace dthe WaLfxcnv Ailette lard Is Imetal lhadae, the pari a anarhdralcrdal applythe lewd ttejuisddiaivhaette [arils kaitedtodetantettevefidtyd dainsaglyd theTitlethat are alarm tons IraiedardtoItapelardetacetletansdtHsFowInretthercare diC tleaariaarlrirataonly fsaa1IAsdhampin:0sta dtantetteapie law. 14 ached Faun tryitiglionadherpaoeedrgtragt bytteIrma/ Ong the crtpeymat Iet3edalyfnastateatederaimut wittinlhe Mal 9atcsdAtekeaItstaritahesWag ap haleJufsddhon 18. NOIICES,1M-EFESENT An/raked damaxl av rilkecr damn! Inarftimacpiredtotejventotle0avani =kr thsrcmalbejuettotletbrprryal: 4005bmdA Gall; Mnar* Mrtesla55401, (614371.1111. Form AO/ORT Our Order No. GW63005285 LTG Policy No. LTI1I63005285 Schedule A Amount $725,000.00 Property Address: 7201 COUNTY ROAD 100 CARBONDALE CO 81623 1. Policy Date: December 06, 2010 at 3:15 P.M. 2. Name of Insured: ROY G. KADAIR AND MARGO B. KADAIR 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: ROY G. KADAIR AND MARGO B. KADAIR 5. The land referred to in this policy is described as follows: SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company ILTG Policy No. LTH163005285 Our Order No. GW63005285 BU1 EIT"A" LWAL PT1CN A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 \VST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND NORTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSIIIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE; THENCE N 01 DEGREES 57'27" E 1342.35 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT IN SAID EXLSTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. #7972 IN PLACE; THENCE N 01 DEGREES 22'17" W ALONG SAID FENCE LINE 957.92 FEET; THENCE LEAVING SAID FENCE LINE N 89 DEGREES 56'08" E 794.31 FEET; THENCE S 01 DEGREES 17'18" E 957.89 FEET TO A POINT IN SAID EXISTING FENCE LINE (WHENCE A REBAR AND CAP L.S. # 12770 BEARING N 01 DEGREES 17'18" W 5.78 FEET); THENCE ALONG SAID FENCE LINE S 89 DEGREES 56'08" W 792.92 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH AND SUBJECT TO THE FOLLOWING ACCESS AND UTILITY EASEMENT A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE N. 19 DEGREES 33' 37" E. 2440.97 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REBAR AND CAI' L.S. #19598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 89 DEGREES 56' 08" W. ALONG TIIE SOUTHERLY LINE OF SAID "PARCEL D-1", 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE N. 01 DEGREES 17' 18" W. 273.13 FEET; THENCE N. 89 DEGREES 56' 08" E. 20.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID "PARCEL D-1"; THENCE S. 01 DEGREES 17' 19" E. ALONG SAID EASTERLY LINE 273.13 FEET TO THE TRITE POINT OF BEGINNING COUNTY OF GARFIELD, STATE OF COLORADO Form AO/ORT Our Order No. GW63005285 Schedule B LTG Policy No. LTIII63005285 This policy does not insure against loss or damage by reason of the following: 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 of that may asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any Tien, 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 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, clains or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. ANY AND ALL TAXES AND ASSESSMENTS. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE ITIS ORE THEREFROM SHOULD TIIE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 9. ALL OF THE COAL, ASPHALT, OIL AND OTHER MINERALS AS RESERVED BY COLORADO COLLEGE, A COLORADO CORPORATION RECORDED MARCH 06, 1953 IN BOOK 268 AT PAGE 102. 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DLSABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION LS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JULY 27, 1978, IN BOOK 513 AT PAGE 322 AND RECORDED FEBRUARY 21, 1979 IN BOOK 523 AT PAGE 201 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 08, 1992, IN B(H)K 849 AT PAGE 274 AND AS AMENDED IN INSTRUMENT RECORDED MAY 23, 1994, IN B(X)K 903 AT PAGE 219. Form AO/ORT Our Order No. GW63005285 Schedule B LTG Policy No. LTI1I63005285 11. A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND UTILITIES 10 FEET IN WIDTH AS RESERVED BY ROBERT J. (IILMENTO IN THE DEED RECORDED FEBRUARY 21, 1979 IN BOOK 523 AT PAGE 207 AS RECEPTION NO. 292247, RE-RECORDED OCTOBER 19, 1979 IN BOOK 538 AT PAGE 92 AS RECEPTION NO. 298758; AND IN THE DEED RECORDED FEBRUARY 21, 1979 IN BOOK 523 AT PAGE 205 AS RECEPTION NO. 292246, RE-RECORDED OCTOBER 14, 1979 IN BOOK 538 AT PAGE 88 AS RECEPTION NO. 298756; AND IN THE DEED RECORDED FEBRUARY 21, 1979 IN BOOK 523 AT PAGE 203 AS RECEPTION NO. 292245 AND RE-RECORDED OCTOBER 19, 1979 IN BOOK 538 AT PAGE 94 AS RECEPTION NO. 298759; AND IN THE DEED RECORDED FEBRUARY 21, 1979 IN BOOK 523 AT PAGE 209 AS RECEPTION NO. 292248 AND RE-RECORDED (XTOBER 19, 1979 IN BOOK 538 AT PAGE 90 AS RECEPTION NO. 298757, AND EASEMENT RECORDED IN BOOK 696 AT PAGE 334 AS NUMBER 375004. 12. TERMS, CONDITIONS AND PROVISIONS OF WARRANTY DEED RECORDED FEBRUARY 26, 1992 AT RECEPTION NO. 432015. 13. WELL AGREEMENT RECORDED FEBRUARY 26, 1992 IN BOOK 824 AT PAGE 580 AND THE SUBSEQUENT ASSIGNMENT THEREOF RECORDED FEBRUARY 26, 1992 IN BOOK 824 AT PAGE 585. 14. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED .R FNE 25, 1993 IN BOOK 866 AT PAGE 840. ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCT.PTIONS ARE HEREBY DELETED. ITEM NO. 4 OF TILE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF . OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SMALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUFST OF ROY G. KADAIR AND MARGO B. KADAIR. RGKMBK, LLC / BETTS BASIC CORRECTION EXEMPTION APPLICATION. HISTORICAL NARRATIVE OF PARCELS AND CRITERIA FOR BCE I. Introduction This is a remedial application to confirm that a 34.9 -acre parcel in Missouri Heights was severed into two legal 17.45 acre parcels in 1992 when a prior owner issued deeds for the same, amended the covenants, and Garfield County subsequently created separate assessor accounts, and issued septic and building permits for single family homes on each lot. Each lot now has a constructed single family home, one of which has been in existence since 1993. Neither Applicants nor the County Staff can find adequate documentation of the BOCC's formal approval of the creation of these two lots. As a result, Applicants request confirmation of a basic correction exemption to confirm the legal status of both lots. The filing of this application is not a waiver of Applicants' rights to assert that the parcels have already been legally subdivided by operation of law or that the County is estopped from seeking any concessions during this process, but rather an attempt to obtain County ratification in an efficient and practical manner. This same application was conditionally approved by Garfield County Staff as a Minor Subdivision on May 7, 2018 (File No. MISA-02-18-8607). Applicants even satisfied 8 of the 9 conditions of approval, but the remaining condition is that the Division of Water Resources to approve the well sharing agreement, which has been in existence since 1992. The current well is permitted under and exempt well permit which allows for service of up to 3 single family dwellings. This legal water supply was sufficient until 2011, when the DWR enacted a new policy to only allow this arrangement when the lots were severed through a subdivision exemption process. And unfortunately in 2013 Garfield County amended its Land Use Code to severely restrict the availability of a subdivision exemption. Further, given the location of these lots, there are no available augmentation supplies to obtain a decreed plan for augmentation, which might take years and would impose exceptional hardship on the applicants. However, so long as the two lots are approved through an exemption process, it is our understanding that the water supply currently existing on the two parcels will be approved. II. Basic Correction Exemption Criteria (Section 5-204). To address this, and other unique situations, Garfield County recently enacted a new exemption procedure called a Basic Correction Exemption. The overview and intent of the process is as follows: "A Basic Correction Exemption (BCE) will be applied on a case-by-case basis to certain divisions of land that, in the sole opinion of the BOCC, address extenuating and extraordinary circumstances associated with the past creation of lots or parcels without the benefit of County review, or for which adequate documentation is not verifiable due to the passage of time or extenuating and extraordinary circumstances, or for which boundary line corrections are necessary to address ownership and legal description discrepancies." (Section 5-204(A), emphasis added). This application fits squarely within the intent and purpose of the new BCE process. Here, we have two parcels which were created in the past by a prior owner, but either without the benefit of County review, or for which adequate documentation is not verifiable. And although in this case we cannot find evidence of county review of the prior subdivision exemption, other departments within the County have reviewed and approved the split, including the building department (which issued building permits on both lots after thorough review) and the assessor's department (which created separate tax accounts for each parcel in 1992). We now have two 17.5 acre lots in Missouri Heights which have been owned by separate people since 1992. Subsequent owners of each lot have, with permission of County Staff, constructed single family homes on each lot. In order to approve a BCE, the BOCC must agree that the application meets certain discretionary criteria, including the following (5-204(C)(5)—(8)): (1) Applicant demonstrate that extraordinary and exceptional special circumstances or conditions existing unique to the property; (2) that these conditions have not directly resulted from any act of the Applicant; (3) that the strict application of the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on, the owners; and (4) that the BCE is necessary to relieve the owners of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. Here, the fact that building permits were issued with County approval and homes were constructed on each 17.45 -acre lot is an extraordinary and exceptional circumstance, which was not caused by either Applicant. Approval of this Basic Correction Exemption is necessary to relieve the owners of this peculiar and exceptional situation, which is currently rendering each lot unmarketable, and to prevent undue hardship on both Applicants. The current predicament was caused by a prior owner in 1992 who may not have requested a formal review of the subdivision exemption in 1992, or if he did, we cannot find records of the same or formal approval from the BOCC. Either way, the predicament was exacerbated by the County's acquiescence and acceptance of the parcels as 2 legal conforming lots, including by creating a separate tax account for each lot, and by issuing a building permit for each home on each lot. Approval of this BCE is warranted to avoid significant damage and injustice to the lot owners, and to rectify this exceptional and extraordinary situation. The remaining criteria for a BCE are addressed in Section 6 of this Application. III. History of Subject Parcels a. 1978 Chimento Subdivision Exemption In 1978 Robert Chimento owned 140 acres in Missouri Heights, which he split into seven parcels, six of which were 17.5 acres, and one of which was 35 acres. First, in February, 1978, the BOCC approved Resolution 78-15 which approved a subdivision exemption of a 105 acre parcel into two 17.5 acre parcels, and one 70 acre parcel. Then, in December 1978 the remaining 70 -acre parcel was approved for a subdivision exemption into four 17.5 acre parcels by Resolution 78-132. The remaining 34.9 acre parcel is the subject of this application. The map attached to the petition for exemption indicated that the subject Kadair / Betts Property would "remain a 35 acre parcel." Attached is an annotated version of that map. In both exemption resolutions the Board of County Commissioners makes a determination that there is adequate water supply and "adequate ingress and egress to said tracts." b. Covenants In July, 1978, Chimento recorded a Declaration of Protective and Restrictive Covenants intended to apply to the entire 140 acres which at the time was seven legally subdivided (via exemption) parcels as mentioned above (Reception No. 287265). The Declarations were intended to ensure that the property was to be developed and maintained as a highly desirable rural residential area, and that the scenic and secluded qualities be preserved. (See Affidavit recorded as Reception No. 292244, February 21, 1979). The Declaration reserved a perpetual easement along the boundary of each lot for a private road for access and egress (See Covenants, Paragraph 5(a)(i)—(iii)). In addition to this reservation, the Declaration created a private road for all existing roads within the Property. (See Covenants, Paragraph 6). c. 1992 Severance of (Subject) 35 Acre Parcel In 1992, Chimento took steps to sever the 34.9 acre parcel into two 17.45 acre parcels. He conveyed both by deed in early 1992, which created the subject parcels at issue. These deeds created the Kadair Parcel and Betts Parcel, discussed below. d. Kadair (RGKMBK) Parcel In early 1992, Chimento conveyed half of the 34.9 acre parcel to Skip Ackerman (Reception 432015). This deed included an interest in an access and utility easement, and a well sharing agreement, which was recorded between the Kadair Parcel and the Betts Parcel (February 26, 1992, Reception No. 432016). An Easement Agreement was also executed in 1986 and recorded October 2, 1996 in which Chimento appears to grant access across a road in place serving County Road 100 (Reception 375004) Shortly after this severance, the County took several steps to approve and facilitate the construction of a single-family residence on the Kadair Parcel. First, County assigned separate assessor's parcel designations to both parcels. Then, it reviewed and approved a building and septic permit. Attached are the building files for both lots. Skip Ackerman applied for a building permit in 1993 to construct the current residence on the Kadair Property. All procedures were followed, all inspections were made, and the County ultimately issued a building permit on February 16, 1993. The building permit indicates that a School Impact Fee was paid at the time of issuance. The building permit includes a hand drawn map of the parcels and access road, and a reference to the Chimento 1978 exemption. As part of the building permit approval, both the legal water supply and the legal and physical access was examined and approved (see well radius and access road maps, attached). A final septic inspection took place on May 6, 1993, and a final septic permit was issued the same day. A certificate of occupancy was issued June 18, 1993. Skip Ackerman sold the parcel to Mr. and Mrs. Kadair in 2010 (Reception No. 795286), who then transferred it into an LLC in 2016 (Reception No. 878936). e. Betts Property Like the Kadair Property, the Betts Property was created by deed from Robert Chimento to Donna Simpson on March 18, 1992 (Reception 432712). In July, 2006 Robert and Kay Denton applied for a building permit to construct a single family residence on the Betts Property. They paid $3,371.37 to the County for a permit fee. As part of the building permit application, the applicant was required to prove to County Staff's satisfaction that the property had adequate legal and physical access. County staff approved the same as Permit 10013. County notes from July 17, 2006 indicate that County Staff reviewed the permit for driveway, subdivision, and planning issues. On July 24, 2006 a final Building Permit was issued, which indicates the final inspection was conducted and approved on November 5, 2007. A certificate of occupancy was issued the same day (No. 5785). An ISDS permit was issued on July 24, 2006. f. 1994 Amendment to Covenants To date, neither the Applicants, nor the County, have found evidence that Chimento went through a formal subdivision exemption in 1992 to split the Kadair/Betts Property. That said, Chimento did obtain consent of all other 7 lot owners to amend the Declaration to allow for the split of the Kadair / Betts lot into two 17.45 -acre parcels, as they exist today (Reception No. 463512). This Amendment was ratified by all owners, essentially ratifying the subdivision exemption as among the other lot owners. IV. Conclusion. This application satisfies all criteria of the new BCE process. The fact that building permits were issued with County approval and homes were constructed on each 17.45 -acre lot is an extraordinary and exceptional circumstance, which was not caused by either Applicant. Approval of this Basic Correction Exemption is necessary to relieve the owners of this peculiar and exceptional situation, which is currently rendering each lot unmarketable, and to prevent undue hardship on both Applicants. This is precisely the type of application for which the BCE process was created, because it addresses the past creation of lots for which adequate documentation is not verifiable due to the passage of time. Approval is also necessary to prevent substantial injustice. 0.,. • • , v.,19 r 11 61 G3 .1 ..C' 03 .1 • Ul 6‘ - 1 tu f) Ot It 013K p 4 f tu 0 s.Z1 0, ,A 1 I 03 1.1) EA, in N 01 0 el (3.1 0 ( . 430.50' b 0 1 sovnv in4. ( • 1 x 00/ OA, \\I , r 1 ( / . , 1 o i 'LI 04 PI P 'N 0 .c .... c) I IL, 0 (b 4kN 4) 1 A f _ . V) ii C:13. fti - n I 4 k kta . i e. •• th t) 111 fIc...t.” ....c.r. • .0 ..c• / • •• • c, .7 \ Al k.) / 111 CA ti .9I ,,ss tti ...:0„," ....,... sO , . --- 03 .5-04, 7'A; -- Arx 8.F. • • 00 1 e4 ag/ A Garfield County Land Explorer Garfield County Garfield County, Colorado 239118200251 Garfield County Land Explorer Printed by Web User 1 inch = 752 feet 1 inch = 0.14 miles 010 02 04 Miles Garfield County Colorado Garheld County www.garfield-county.com w Colorado Disclaimer TNs is a compilation of records as they appear in the Garfield County Offices aff ening the area shown. This drawly% is to be used only for reference purposes and the County b not responsible for any baccurades herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Pnnted 1/31/2018 at 92008 AM R E S 0 L UTI O N-1,4:39,.. 15. WHEREAS, ROBERT J. CHIMCNTO has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and anended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 105 acre tract of land into three tracts of 17.5, 17.5, and 70 acres, more or less, and said 105.00 acre tract is more particularly described as follows: A parcel of land situated in Lots 4, 7, and 12 also in the NW;SE;, all in Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southerly of a fence as constructed and in place and Westerly of the Westerly right-of-way line of County Road No. 100, said parcel of land is described as follows: Beginning at a point whence the Southwest Corner of said Section 18 bears: S". 31° 29' 00" W. 1579.57 feet; thence Porth 1906.88 feet to a point in said fence; thence N. 89° 39' 26" E. along said fence, 2578.66 feet to a point on the Westerly right -of -*:ay line of said County Road; thence S. 31° 02' 00" E. 959.80 feet along said right-of-way line; thence 224.50 feet along the arc of a curve to the right, ha:,inn a radivs of ?91;.02 fr t the 'hc'r•d of which hears: S. 090 14' 00" E. 2.19.12 feet; thence S. 12° 34' 00" W. 460.16 feet along said right-of-way line; thence West 2483 18 feet; thence South 430.50 feet; thence S. 89° 33' 55" l•!. 525.30 feet, more or less to the point of beginning. The above described parcel of land contains 105.00 acres, more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale into single -fancily residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terns "subdivision" and "subdivided land" as set forth in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended; • • HOU THEREFORE, upon motion of 774ueja__ Oevism seconded by and carried, said 105 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into three tracts of 17.5, 17.5, acid 70 acres, more or less, all as is more fully described above and further, that said exemption is conditioned upon the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution. Dated this ;1/ n day of February, A.D. 1978. Attest: 4/1.O✓.\ i ` { T'f Dep ty Cleiebf the Boa of County Commissioners, Garfield County, Colorado - 2 THE. BOARD OF COUNTY COMMISSIONERS OF GAREIELD COUNTY, COLORADO By: �_ tc. Larry, Velascl ez,= Cha rm;n 7 • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, the undersigned /(---4, 4P, / J • C°Li/07e,v� respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution 7, S,, ��� , �� ,„„_e more fully hereinafter described, from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: / c> ,Oc cea-h r407 ,E o SAG 4. Submitted at Glenwood Springs, Colorado, this 3 / day fid. Gx "/ ;Y/ / o // ���— sc9j' / LI 4/ -_�.• ---- ` . - ^}?�n+ ~ '�k -7-' / u/J ���-' � r \ '/ / ) • ROBERT D. SCARROW L.S. PRES. ROBERT A. WAMSLEY L.S., VICE PRES. & MOR. GRAHAM, P.E. VICE PRESIDENT TOM WALKER L.S. CONSULTANT RAYMOND L. BALDWIN. C.B. PRANK W. HARRINGTON DENNIS O. BRADLEY. MGR. RIFLE/ • Seattow and (Walt, Op. .:Reg. Engineers and Land Surveyors i 204 8th Street . Office Glenwood Springs, Colo. 81601 Extension Office 328 East Avenue • Rifle, Colo. 81650 50OI 4;35 PACE 95.1 ELECTROTAPE CLARY COMPUTER WILD THEODOLITE ZIESS LEVEL INSTRUMENT RENTA A parcel of land situated in Lots 4, 7, and 12 also in the NWI4SE1/4, all in Section 18, 'Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southerly of a fence as constructed and in place and West- erly of the Westerly right-of-way line of County Road No. 100. said parcel of land is described as follows: Beginning at a point whence the Southwest Corner of said Section 18 bears: S.31° 29'00" W. 1579.57 feet; thence North 1906.88 feet to a point in said fence; thence N.89°39'26" E. along said fence, 2578.66 feet to a point on the Westerly right-of- way line of said County Road; thence S.31°02'00" E. 959.80 feet along said right- of-way line; thence 224.50 feet along the arc of a curve to the right, having a radius of 295.02 feet, the chord of which bears: S.09°14'00" E. 219.12 feet; thence S.12°34'00" W. 460.16 feet along said right-of-way line; thence West 2483.18 feet; thence South 430.50 feet; thence S.89°33'55" W. 525.30 feet, more or less to the point of beginning. The above described parcel of land contains 105.00 acres, more or less. March 31, 1977 SCARROW AND WALKER, INC. P.O. BOX 460 0,013 GLENWOOD SPRINGS, COLORADO,..• �, ' •. l• Z1€1 • • t' Exhibit "A" Noennig to Chimento deed Glenwood Springs • Box 460 • Phone 945-5574 Rifle • Box 1478 • Phone VS.77411 • ,7/6.FSR 61979 Reoepcio_. 1,554 i:-1c1re_ _il.=_c.orf, Recorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 78-132 WHEREAS, Robert J. Chimento has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 70.0 acre tract into four (4) tracts of approxi- mately 17.5 acres each, more or less, and said 70.0 acre tract is more particularly described as follows: A parcel of land situated in Lots 4, 7, and 12 also in the NWySE', all in Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southerly of a fence as constructed and in place and Westerly of the Westerly right-of-way line of County Road No. 100, said parcel of land is described as follows: Beginning at a point whence the Southwest Corner of said Section 18 bears: S. 31°29'00" W. 1579.57 feet; thence North 1906.88 feet to a point in said fence; thence N. 89°39'26" E. along said fence, 2578.66 feet to a point on the Westerly right-of-way line of said County Road; thence S. 31°02'00" E. 959.80 feet along said right-of-way line; thence 224.50 feet along the arc of a curve to the right, having a radius of 295.02 feet, the chord of which bears: S. 09°14'00" E. 219.12 feet; thence S. 12°34'00" W. 460.16 feet along said right-of-way line; thence West 2483.18 feet; thence South 430.50 feet; thence S. 89°33'55" W. 525.30 feet, more or less to the point of beginning. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of resale of said tracts into single-family residential acreage, and; WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado•, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of -Health, that the requested division'is in: .i� accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 30-28-101 (10) (a) -(d) as amended; NOW, THEREFORE, upon the motion of Richard C. Jolley, seconded by Flaven J. Cerise, and carried, said 70.0 acre tract of land is hereby exempted from such definitions and said tract may be divided into four (4) tracts of 17.5 acres each, more or less, all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid statutes and regulations; provided, however, that said exemption is conditioned on the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof; and further, with the expressed understanding and agreement of the Petitioner that no further exemptions be allowed on said 17.5 acre tracts. A copy of the instrument or instruments of conveyance when recorded shall ba filed with this Resolution. Dated this 18th day of December, A.D., 1978. THE BOARD OF COUNTY COMt9ISSIONERS OF GARFIELD COUNTY, COLORADO r. 1 , By : 041i/it Larry Vel ATTEST. "' 11...:)1 ..L !;-,.:iti, i...11 , i'A.A.;=.�. Deputy Clerk of the Board of County'Commissioners ' Garfield County, Colorado 1 1' • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO • PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under - s i gned /� tj fir- / e". respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of To acre tract of land into tracts of approximately /7 /;Z acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) tay/,:eeld/ from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: In support of this petition the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access. ✓(b) Vicinity Map. g --(c) Statement on source of domestic water. (d) Statement on method of sewage disposal. (e) 100 year floodplain information where live stream crosses or adjoins said tt. (f) Fee in the amount of S a �s�.c�ra; Submitted at Glenwood Springs, Colorado, this day of Post -It'" brand fax Iran mittal memo 7671 .01 pages .�/ To Iii 5 Irma 1 � [�Q % [J'j et/` , WWW ivl — 04( Dept. Phone 0 Fax a 9z r q2-/ Fax Fax N 3n4Mailing dress 303 V-36'9 Te ephone Number ,/ c'1 �7fb4)4 € p: ase ec wD9ETir. tvo.vik A,erNf 47 cos.- Woo 7 $MX you. 1110 -...iATI0N LOAN POLICY • (AMENDED 10-17-70) -... LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10-17-70) SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Garfield , and is described as follows: A parcel of land situated in Lots 4, 7, and 12 also in the NASE14, all in Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southerly of a fence as constructed and in place and Westerly of the Westerly right-of-way line of County Road No. 100, said parcel of land is described as follows: Beginning at a point whence the Southwest Corner of said Section, 18 bears: S. 31°29'00" W. 1579.57 feet; thence North 1906.88 feet to a point in said fence; thence N. 89°39,26" E. along said fence, 2578.66 feet to a point on the Westerly right-of-way line of said County Road; thence S. 31002'00" E. 959.80 feet along said right- of-way line; thence 224.50 feet along the arc of a curve to the right, having a radius of 295.02 feet, the chord of which bears: S. 09°14'00" E. 219.12 feet; thence S. 12°34'00" W. 460.16 feet along said right-of-way line; thence West 2483.18 feet; thence South 430.50 feet; thence S. 89°33'55" W. 525.30 feet, more or less to the point of beginning. 07• X 430.50' •To ��vh.A1� Si f)• NOd2TN - /90d•83' • 50UTH ;u 0 N 1 SOL/ Tr,' 1 1 I '\v v4( RICHARD D. LAMM Governor • •. DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver. Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 September 12, 1978 Ms. Stephanie Andreasen, Assistant Planner Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Andreasen: C.J. KUIPER State Engineer , • :; n :• - : SEP 1211978 GA::fiELO GJ. NU:rii:ER t. i .t t '►•'+ Re: Amory, Bucholz and Chimento Exemptions We have reviewed the above referenced exemption applications. Indivi- dual wells are to be used to supply domestic water to each lot. Our Ground Water Section has indicated that all parcels in the three proposals are in areas where tributary ground water is over -appropriated. Therefore, permits for construction of new domestic wells cannot be issued without an approved plan for augmentation. Due to these comments, we cannot recommend approval of the Amory, Bucholz and Chimento Exemption applications. We should point out that if any exemption results in a tract of land of 35 acres or more, a domestic well permit can be issued on the tract. This well, which cannot exceed 15 gpm in capacity, can be used for domestic pur- poses for no more than 3 single family dwellings, livestock watering, and the irrigation of no more than 1 acre of lawn and gardens. If you have any questions, please feel free to contact us. JAD/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Very truly yours a. . jeris A. Danielson puty State Engineer 1h1(J•G•74 C ORADO DIVISION OF WATER RES ICES 101 rmbino Bldg., 1845 Sherman St., Denver, Crlo 80203 I • RECEIti Ea PERMIT APPLICATION FORM 1. OCT 3 0 197& Application must • he complete where (-%1 A PERMIT TO USE GROUND WATER WATER RESG+JrIC applicable. Type or (X) A PERMIT TO CONSTRUCT A WELL STATE 1(41 32143 print in BLACK FOR: (NIA PERMIT TO INSTALL A PUMP t 04,�pr • INK. No overstrikes ' or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( ) OTHER (1) APPLICANT - mailing address NAME / 1/ �'OCOa— CA9.40 eitit 7O &X 4/,f37 STREET� CITY ASpE4 , Go, ►/b// (State) (Zoo) TELEPHONE NO. Los -42S-W-OD (2) LOCATION OF PROPOSED WELL County 6/6"2../ '/.eaof the 5 AJ '/ Section .L Twp. . Rng. 7 M/ 6 1-4P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to he appropriated (acre-feet)' Number of acres to be irrigated: l Proposed total depth (feet): ex25o Aquifer ground water is to be obtained from: BASACT- FO.c/44 i/oil Owner's well designation "a 2. .ROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( I LIVESTOCK (2) ( ) IRRIGATION (GI ( I COMMERCIAL (4) ( ) MUNICIPAL (8) ( 'OTHER (91 (4) DRILLER Name Str eet AGLC- £ W2j)G 60x 47.5 City `iA/JGO (Srate) 1Q -V7 (Z p) Telephone No ' 8 - ff7 Lic. No. _•?_8?-.----...-- FOFl OFFICE USE O/NLLY: DO NOT WRITE IN THIS COLUMN Receipt No / / �J�// Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. I+PPROVF.D PURSUANT TO CRS 7973, 37••92-602 I( 3) (b) (II) AS THE ONLY WELL ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS 35" ACRES IN NG r4/ 54/ .1 • Z.S . ', . ����. f L1�'L�2� •} APPROVED FOR DOMESTIC USE, INCLUDING T1tE IRRIGATION OF NOT OVER ONE ACHE OF HOME GARDENS AND LAWNS. A1PPL KATION. APPROV��ED PERMIT NUMBER 1 J2N10D-z 7 UDATE ISSUED EXPIRATION' 'NTE _ J'^' V tV zi9 •,��I, TE ENGINEER] JI •� c._.� `j BY/7�� ✓� CIp.J-G->;ZZI tom" I.D J. __.___ _----- COUN I'r' (.,) THE LOCATION OF THE OPOSED WELL and the area on which the water will be used i be unheated on the diagramhclnw Use the CEN I Lit SLCTION (1 sLctton, 640 acres) for the well location (- — -f- -- - !- -- -1- — -)- — .4 --- - 1 MILE, 5280 FEET - }I I + 1- + +- r I I 1- - - NORTHt - } n t I WEST SECTION LINE NORTH SECTION LINE T -1- I I ( 3NI1 NOI103S 1SV3 SOUTH SEI.TION LINE -1- 4 - The scale of the diagram is 2 inches ' 1 mile Each small square represents 40 acres. (6)46E WELL MUST BE LOCATED BELOW Ist.I t:es from section lint.; .r __ft- from 25130 ft. from SOUTH sec. line (north or south) W CST— (east or west) sec. line LOT BLOCK _._._FILING a SUBDIVISION. (7) TRACT ON WW.CH WELL WII L_ LOCATED Owner• osEtbr GFf/'t�.a.✓1t� No. of acres 3`a Will this be the only well on this tract? NLe:FS (8) PROPOSED CASING PROGRAM Plain Casing 14' in from ft to iSd ft in from ft to h Perforated casing /G in from /Sd ft. to ft in. from ft to ft WATER EQUIVALENTS TABLE (Roundel) Figi.rrsl An acre-foot covers 1 acre of lana 1 foot deep 1 cultic foot per second (cfs) ... 449 gallo is per minute Wpm) A family of 5 will require approximately 1 acre•foat of water per year. 1 acre•foot ... 43,500 cubic feet ... 325.900 gallons 1,000 grim pumped continuously for one day produces 4.42 ocre•feet. (10) LAND ON WHICH GROUND WATER WILL BEJi .EQ. Owner(s): 1 9dQt7 �i�l_Gir�LYTo (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for ph-gging it: Legal description: 6-0E" ,41z27 .4 ,7 - a/i i/ No. of acres- 5 (11) DETAILED DESCRIPTION of the use of ground water. 11 ,tsehuld use and d:)rr•,estic well; must indicate type of disposol system 10 be uScd. /C-Clre �c7'T1c 7:44,16 , «G.4r=C� I[�+�.G G-�r.R) rJScr (12) QLHEB. WATER E L F1TS used on this land, including wells. Type or right 442 /6". Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS RUE TO THE BEST OF HIS KNOWLEDGE. Lee SIGNATURE OF APPL ICANT(SI additional sheets of paper if mute space is requrr Vail''a 74 A)iplic.rtron must be complete where (X) A PERMIT TO USE GROUND WATER appl,,-able. Type or (>') A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: (X) A PERMIT TO INSTA-LI A PUMP INK Nouvcisit ikes or erasures unless ( ► REPLACEMENT FOR NO uiitr.rled. COLORADO DIVISION OF WATER RESOL#RCES 10410Iumbine Bldg., 1845 Sherman St., Denver, PERMIT APPLICATION FORM • (1) APPLICANT • rndiling address ( ) OTHER do Bolt ECEIVE OCT 301978 Of/ITU( STESOURCES 9.1.41E ErYC'NEER CCi0. NAME / Iv � et4‘/4ic6/ :i STREET�O 8.Py( X70 CI TY 45 ✓v / ea . e Iel (State) (Z,p) TOLE:PIIONE NO b-10•3 - 7- g,UVoc (2) LOCATION OF PROPOSED WELL County > ff2. S '', of the Ai ik) % Section /C!3 Twp. 7 S Rng. 167 L�, P.M. (3) WATER USE AND WELL DATA Propo•.ed maximum pumping rate (gpm) . __ Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: Owner's well designation gQB GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) 1)() DOMESTIC (1) ( ) INDUSTRIAL (5) 1 ) LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) 1 1 OTHER (91 (4) DRILLER Name &I466 //Y6 Street Crty_n:g2 e4 du (Slate) 863 Tele' 'hone No. ";272� Lic. No.__ s8 1-011 Of LICE: UM_ ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Basin -_ _ Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED PURSUANT TO CRS 1973, 37-92-602 f(3) (b) (II) AS THE ONLY WELL ON A TRACT! OF 35 ACRES OR MORE DESIGNATE%) ACHES ES IN S� fJ . z ii 5%�=C _ t 8 -�•�� w....L..t.••.-.7 S • a.f�� s� % et-! • �t _.Sw;�• /1'/ ,.r APPROVED FOR DOMESTIC USE, INCLUDING THE IIRRIGATION OIC NOT OVER ONE ACRE OF BONE GARDENS AND LAWNS. APPLICATION APPROVED PERMIT NUMBER 103113 DATE ISSUED NOV(19/8 EXPIRATIO4I.1) TE-iptil v oai ,Nouftte_ •..,,, 1 mailfivrE EEENNGGI,ER) I.D. 3 i:' ____ COUNTY ) • (5) THE LOCATION OF THE POSED WELL and th • area on which the water will be used mt c indicated on the diagn n below Use the CENT Lfi SEC I'ION (1 section, 640 acres) for the well locatiun. ( _ i .1- — 4 NORTH i- + II t ' —I— I I- , 1 4- — 4 ± -- {- — --I- — -(- — 1.4 --. -1 MILE, 5280 FEET --- • + 1- i- -}- -f- NORTH SECTION LINE I I f } I -1- L_.___ SOUTH SECTION LINE m -4 'i m m -4 O z r - z m + 4- 4 4 The scale of the diagram is 2 inches - 1 mile Each small square represents 40 acres. (6) T. WELL MUST BE LOCATED BELOW b tances frorn st:ctir,n lint,. P23.6 O __. ft. from Nell rii sec. line (north or soutnt 66.6 ft from 60 66 Lor BLOCK (east or west) SUBDIVISION . • FILING a sec. line (7) WI]JH .Wild- WIIJ. B1. LOCATED Owner:,.'?r4°/•5-//7tr No. of acres __,3r >/-c- (8) / Will this be the only well on this tract? Yc S (8) PROPOSED CASING PROGRAM Plain Casing 4 �( in. from 9 t to i_9 /� - ft. in from ft to ft Perforated casing 5:1-9/IL .__ in. frorn ft. to°Z'5.-171 ft _ in. from ft to ft WATER EOUIVALEN TA1LE (Rounded Figures) An acre•foot covers 1 acre of land 1 foot deep 1 cubic lout tier sct.onJ (chs) ... 449 gallons per minute (ypntl A family of 5 will require approximately 1 acre-foot of water per year. acre-foot ... 43,560 cubic feet ... 325,900 gallut,s- 1,000 ppm pumped continuously for one day produces 4.42 acre-feet (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL $E USF.D: Owner(s): , /. Xr' C/b.q' 0 No. of acres' 3r Legal description' S _A7 ' .4022 h,98/7-- (1 1 ) ,98/7'(11) (ETAILED DESCRIPTION of the use of ground water: ))Ouicln-,Ill use and domestic wells must ,ndicute type of disposal system to be used. ) /� „�T� �'`,•a+rg/ �w �•rf /�l�'�..z-/J-J ✓.4cc. 6.rYLrOG" ✓ ACJ,{ (12) QIHERINAT_ER mars used on this land, including wells. Type or right Used for (purpose) Description of Ic.nd on which used --// (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO T E BEST OF HIS KNOWLEDGE. SJGNA i'URE OF ICAN7 (S) additional sheets of paper if mote space is requlr 1 1 a - r 41. V 4- Recorded nt..lepn.� _o�'orlo�L P k JUL 71978 Buux513 FACE 322 Reception No. 1265 Y11a Stephens. Recorder r DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Robert Chimento, hereinafter called "Declarant," is the owner of the following described real property situate in the County of Garfield, State of Colorado, to wit: Sae E Molt "A" aLLai.ned hereto and incorporated nerein b, reference. WHEREAS, the above described property is presently unimproved; and WHEREAS. Declarant desires to Insure that said property shall be developed and maintained as a highly desirable rural 'residential area and that said property's scenic and secluded qualities be preserved insofar as possible; NOW. THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, uses. restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a benefit to Declarant. Declarant's heirs, personal representatives, successors, and assigns and any persons acquiring or owning an interest in the real property, in improvements, their grantees. lessees, successors, heirs, executors, administrators, devisees or assigns. 1. Definitions. Unless the context shall expressly provide other- wise. the following definitions shall apply: a. "Easement" means ail private roads and utility easements referred to in this document. b. "Protected Property" means all that property described in Exhibit "A" attached hereto. c. "Residential Estate" means a parcel deeded by Declarant to a third party which is located in the Protected Property. d. "Owners" means the person or persons or entity or entities. including Declarant, who own fee simple titre to a Residential Estate. e. "Hone Occupation or•Profession" means an occupation or profession customarily conducted entirely within a dwelling and carried 4. rt� 111 soui5 ! 3 PACE 323 on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the charact'r thereof and in connection with which there is no display. or stock and trade, or outside storage or equipment, or commodity sold upon the premises. and not more than. two (2) persons are engaged in such occupation. Such uses as barber shop, beauty parlor. tea room. tourist home, animal hospital, and dancing school shall not be deemed to be Home Occupations. 2. .Architectural Committee. a. Architectural Committee. The Architectural Committee shall consist of all the owners. Said Architectural Committee shall have and exercise all of the powers, duties and responsibilities set out in this agreement. b. Approval by Architectural Committee. No improvements of any kind, Including, but not limited to, dwelling houses, out buildings, swimming pools, parking areas, walls, garages, drives, antennae. • curbs and walks, shall be erected, altered, or permitted to remain on any residential estate within the Protected Property; nor shall any excavating, clearing, or landscaping be done in conjunction therewith on any Residential Estate within the Protected Property, unless the complete architectural plans and specifications and site plan showing the orientation for such erection or alteration and landscaping are submitted to and approved by the Architectural Committee prior to commencement of such work. The Architectural Committee shall consider and brie its decision upon: design of the improvements, materials to be used on the external features of said buildings or structures, external colors, location with respect to topography and grade elevation. harmony of landscaping with the natural settings and native trees. bushes and other vegetation. In the event the Architectural Committee fails to take any action within forty-five (45) days after the archi- tectural plans for such work have been submitted to it. then such architectural plans shall be deemed to be approved. An affirmative -2- 5- 1 111 BUUi 5 13 PACE 324 vote of at least the majority of the votes entitled to be cast at a w, -:".,:ting of the A.rchite•.tural Committee shall control. The Owner of •++s he.;i^ential Estate for which the plans are submitted shall not be entitled to vote. r Rules and Regulations. The Architectural Committee shall 3 have the power to prescribe reasonable rules and regulations to aid in carrying out tho provisions of these Covenants. d. Variances. Where circumstances, such as topography, location of property lines, location of trees and bushes, or other matters require, the Architectural Committee may, after open hearing, by an affirmative vote of the majority of the members of the "rchi`ec- tural Committee, allow reasonable variances as to any of the Covenrnts and Restrictions contained in this instrument, its terms and conditions, as may be required, pioriueu, however, i,hei. nu such variance shall be finally allowed until thirty (30) days after notice has been mailed of such hearing and request to each member of the Architectural Committee. e. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements. construct,. , landscaping and alterations on the Residential Estates within the A. Protected Property conform with the general declaration and purposes of these Covenants. The Architectural Committee shall protect the seclusion and natural view of each Residential Estate insofar as possible in the development of the Protected Property pursuant to these Covenants. f. Architectural Plans. The Architectural Committee shall disapprove any ?►rrhitect.leJl plans submitted which are not sufficient to enable the Architectural Committee to exercise a judgment required by these Covenants. o. architectural Committee Not L1ai.le. The Architectural Committee shall not be liable in damages to any person or association sitting any architectural plans for aporoval or to any Owner or Owners of Residential Estates within the Protected Property by reason - 1- 1 A suuR 5 0 3 PAGE 325 of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to a Residential Estate in the Protected Property, or any person or association submitting plans to the Architectural Committee for approval, by doing so does agree and covenant that he. she or it will not bring any action or suit to recover demagos against the Arcnitectural Committee, its members as individuals or its advisors, employees or agents. o. Written rteccrds. The arehitectursl Cemmittoe shell pro - serve for a reasonable time complete written records of all applications for approval submitted (including one (1) set of all preliminary sketches and all architectural plans so submitted) and all actions of approval or disapproval, and all actions taken by it under the provisions of this instrument. 3. General Restrictions. a. Zoning. No Residential Estate within the Protected Pro- perty shall ever be occupied or used by or for any improvement, structure or purpose or in any manner which is contrary to the zoning regulations of Garfield County, Colorado, validly in force from time to time. b. Mining, etc. No mining, quarrying, excavating or drilling for any substances within the earth, including oil, gas, minerals, gravel. sand, rock and earth shall ever be permitted within the limits of the Piotected Property. c. No Business Uses. No land within the Protected Property shall ever be occupied or used for any commercial or business purposes or for noxious activity, and nU atincj shall u duuu u, pitted t`vv done on any of said lands which is a nuisance or which may become a nuisance to the Owner or Owners of any said lands. A N:.-2 Occupation or Profe:si:n its allowable if it meets all other conditions and restrictions of these Covenants. d. Signs. With the exception of one (1) "For Rent" or "For Sate" sign. which shall not be larger than twelve by twenty 4- o -w e 1 14 A Bou4513 PACE 326 (12 x 20) inches,and one (1) entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, bill- boards. unsightly objects, or nuisances shall be erected, aitered, or permitted to remain on any Residential Estate in the Protected Property. e. Animals. Owners and lessees of Residential Estates within the Pr-0'seited Property may have ordinary household pets. in- cluding horses, belonging to the household in the Protected Property. Such pets shall be kept and restrained exclusively within the boundaries of the pet owner's Residential tstate and must not annoy the wirer u other Residential Estates or property adjacent. The Architectural Committee shall have the Dower to require an Owner or lessee of a Residential Estate within the Protected Property to remove any household pet which is not disciplined or which does constitute an undue annoyance to Owners and lessees of Residential Estates within the Protected Property or adjacent property. Owners and lessees of Residential Estates within the Protected Property may have such other animals, including cattle, as are approved by the Architectural Committee. after finding that the keeping of such animals is in conformity with the purpose of these Covenants. f. Re -subdivision Prohibited. No Residential Estate within the Protected Property shall ever be re -subdivided into smaller lots. estates or parcels or conveyed or encumbered in any less than the full original dimensions of the Residential Estate, provided that conveyance or dedications of easements for utilities or private roads may be made for less than all of one (1) lot. v. C.14,.,lag Estates. If two (2) or gra contiguous Resi- dential Estates are owned by the same Owner or Owners, they may be combined into one (1) or more 1•vler Residential Estates by means of a written document executed and ,.:knowledged by all the Owners thereof, approved by the Architectural Committee, recorded in the real property records of Garfield County. Colorado. Thereafter, the new and larger Residential Estates shall be considered as one (1) Residential Estate -5- i i i • 6 aoud5I 3 PACE 327 for the purpose of these Covenants. The combining of two (2) or more Residential Estates will not diminish the number of votes which the Owners thereof are entitled to cast under the provisions of this document. h. Service Yards and Trash. Equipment service or storage piles on any Residential Estate in the Protected Property shall be kept screened by a.:..uu8 t2 planting fencing c^ - av as to be concealed from the view of neighboring Residential Estates and access roads. All rubbish and trash shall be removed from all Residential Estates in said Pro- tected Property and shall not be allowed to accumulate and shaii not be burned thereon. 4. Restrictions on Residential Estates. a. Number and Location of Buildings. No building or structure shall be placed, altered, erected, or permitted to remain on any Residential Estate other than: 1. One (1) detached single-family dwelling house. 11. One (1) detached guest or servant house with a minimum of four hundred (400) square feet on the first or ground floor thereof, excluding open porches and garages. iii. One (1) attached or detached garage. iv. One (1) attached or detached tool or storage shed. v. Such buildings as are necessary for shelter and keeping of allowed animals. b. Dwelling House to be Constructed First. No garage or other building shall be constructed on any Residential Estate until after commencement of construction of the dwelling house, guest house or servant house on the same Residential Estate except as otherwise specifically permitted by the Architectural Committee. All construction and alteration work shall be entirely completed within twelve (12) months after commencement of the construction. c. Setbeck5 Ail buildings and structures on all Residential Estates in the Protected Property shall be set back at least two hundred (200) feet from all Residential Estate boundary lines. -6- 1 1 BOOK 5J' 13 PAGE 32$ d. Tanks. No elevated tanks of any kind shall be erected. placed or permitted upon any Residential Estate. Any tank used in con- .nection with any dwelling house or other structure of any Residential Estate. Including tanks for storage of gas, fuel oil, gasoline, oil or water shall be buried. Ctr_,rt_,rec No used n .demi.. - mer:. w.J erected or temporary house, structure, house trailer or non -permanent out building shall ever be placed. erected or allowed to remain on any Residential Estate exi.ept duriny construction periods; and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. f. Unlicensed and Abandoned Vehicles. No unlicensed vehicles. abandoned vehicles or junk vehicles shall be allowed to remain on any Residential Estate within the Protected Property. 5. Easements Reserved. a. Easements Reserved. i. There are hereby created and reserved perpetual ease- ments. as described in (ii.) and (iii.) below. for the purpose of con- structing. maintaining, operating, replacing, enlarging and repairing water wells. elects)... telephone, water, irrigation, sewer. gas and similar lines, pipes, wires. ditches and conduits. walking and riding trails, and private roads for ingress and egress. 11. Along that portion of a perimeter of a Residential Estate which 1s also a portion of the exterior boundary of the Protected Property the easement created and reserved in section (i.) above shall be tnty (20) feet in width. 111. Along the perimeter of each Residential Estate to which (ti.) above does not apply, including any portion of said perimeter which abuts on a private roan, the easement created and reserved in (1.) above shall be ten (10) feet in width on each side of the perimeter boundary of each Residential Estate. b. Fence Licenses Within Utility Easements. No fence or other improvements shall be placed in any of the easements within - 7- 4 1 BUUK513 PACE 229 Residential Estates created and reserved under section (a) of this paragraph 5 unless prior written authorization shall have been obtained from the Architectw it Committee. Any such authorization shall be deemed to be a revocable li.:ense and the Owner or Owners of the Residential Estate upon which said fence is constructed shall promptly remove the sane at their expense upon request of the Architectural Committee. Damage to any such fence occasioned by the construction, maintenance and repair of any utilities or systems shall be repaired by the Owner or Omer: of the Residential estate at tnei, sole expense. c. Elimination of Utility Easements. Upon approval of the Architectural Committee of a request that certain easements be eliminated on the original boundary lines of Residential Estates which are no longer to be boundary lines upon the combining of lnt% pursuant to section (g) of paragraph 3, the then owner of such easement shall be released and quit claim such easement upon such terms and conditio as the A-chi- tecturel Committee may establish. d. Ownership of Easements. All easements and rights created and reserved in section (a) of this paragraph shall be vested in the undersigned Declarant, his successors and assigns, until such time as he shall have executed and delivered an instrument in writing transferring the same or part thereof to all Owners of the Residential Estates. Prior to such transfer, the undersigned Declarant, his successors or assigns, may authorize the use of said easement, either temporarily or permanently, for the purposes set forth in section (a) of this paragraph for the benefit of lands not included in the Protected Property. Upon any such transfer to all Owners of the Residential Estates, the undersigned Declarant, his successors and assigns, shall be relieved from all continuing responsi- bilities therefor. 6. Roads. a. The undersigned Declarant hereby conveys to all Owners for the private use of all Anvers of Residential Estates within the Protected Property a non-exclusive easement over an.: acre' All the - 8- E 1 c t 1 Boux5I 3 ?ACE 330 private roads presently constructed or to be constructed within the Protected Property. b. Maintenance of Roads. All private roads within the Protected Property, not including personal driveways for the benefit of Residential Estates, shall be maintained by the Owners and assess- ments to cover costs of maintenance and repair shall be levied pursuant to paragraph 7. 7. Assessment for Common Expenses. The Owners of the Residential Estates shall be obligated to pay the assessments imposed by the Architectural Committee to meet the common expenses incurred in con- nection with such Residential Estates. The assessments shall be made pro rata according to each Owner's total acreage compared to the total acreage of the Protected Property (142 acres). Assessment for the estimated common expenses shall be made on an annual basis, unless otherwise provided for by the Architectural Committee. 8. Owner's Personal Obligation for Payment of Assessments. The amount of the common expenses assessed against or incurred on account of the Residential Estates shall be the personal and individual debt of the Owner thereof. Suit to recover a money judgment for an unpaid common expense shall be maintainable by the Architectural Committee or any aggrieved Owner without foreclosure or waiving the lien securing the same. No Owner may exempt himself from liability for his contri- bution towards the common expenses by waiver of the use or enjoyment of any benefit conferred upon the Protected Property or by abandonment of his Residential Estate. S. Lien for tion-Pavmont of Common Expenses. All sums due or unpaid for the share of conmon expenses chargeable to a Residential Estate: including interest thereon at the legal rate, shall constitute a lien on such Residential Estate superior (prior) to all other liens and encumbrances except: a. Tax and special assessment liens on the Residential Estate 1n favor of any assessing entity; and -9- t. ?reg fit: 4 r bot (5 i 3 PACE 33 I b. All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance, including additional advances, refinance or extension of these obligations made thereon prior to the arising of such a lien. To evidence such a lien, the aggrieved Amer may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid undebtedness. the name of the defaulting Owner of the Residential Estate and a description of the Residential Estate. Such a notice shall be signed by the aggrieved (caner. as appropriate, a:ld may be recorded in the office of the clerk and recorder of the Low.ty of Garfield. St::2 of Colorado. Such lien for the failure of common expenses shall and may be enforced by foreclosure on the defaulting Owner's Residential Estate by the aggrieved Owner in a like manner as a mortgage or deed of trust on real property upon recording of notice of claim thereof. In any such foreclosure, the defaulting owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorney's fees. The foreclosing party shall have the power to bid in the Residential Estate at foreclosure sale and to acquir^ and hold, lease, mortgage and convey the same. The amount of the common expenses chargeable against the Residential Estates and the costs and expenses, including attorney's fees, of collecting the same shall also be a debt of the Owner thereof at the time the same is due. Suit to recover money judgment for unpaid coon expense shall be maintainable without foreclosing or waiving the lien securing the same. Any encumbrancer holding a lien on a Residential Estate may par any unpaid common expense payable with respect to such Residential Estate. Such encumbrancer shall have a lien on such Residential Estate for the amount paid of the sale priority as a lien of his encumbrance. Ia. I.,1%;11::v for Common Expense Upon Transfer of Residential Estate. Upon payment of a reasonable fee not to exceed ten dollars -10- 1 4 eou65 13 PAGE 332 ($10.00) and upon the written request of any Owner or any mortgagee or prospective mortgagee of a Residential Estate, the Architectural Committee shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject Resi- dential Estate, the amount of the anticipated annual assessment, and the date such assessment becomes due, credit for advance payments, if any, which shall be conclusive upon the issuer of such statement'in favor of all persons who rely thereon in good faith. Unless such request firs- a statement of indet,tedoess is complied will' wiUiin ten (1G) dais. all unpaid common expenses which become due prior to the date of raking such request shall be subordinate to the lien of the person requesting such a statement. The grantee of a Residential Estate shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor, provided, however, that, upon payment of a reasonable fee not to exceed ten dollars ($10.00), and upon written request, any prospective grantee shall be.entitled to a statement from the Architectural Committee, setting forth the amount of the unpaid assessments, if any, with respect to the subject Residential Estate, the amount of the estimated annual assessment, and the date that such assessment becomes due, credit for advance payments, which shall be conclusive upon the issuer of such statement. Unless such request for statement of Indebtedness shall be complied with within ten (10) days of such request, such grantee shall not be liable for, nor shall the Residential Estate con- veyed be subject to a lien for, any unpaid assessments against said Resldentia'. _state. 11. Construction of an Irrigation System. The Architectural Committee shall have the power to authorize construction of an irri- gation system for the benefit of the Protected Property if the Owners -11- g 4 3 l' i BU0K513 PACE 333 of the majority of the acreage within the Protected Property approve the same. The financing of the construction shall be by assessment en each individual share held, owned or beneficially owned in the Missouri Heights Irrigation Company. In no event shall the assessment levied exceed three hundred dollars ($300.00) per share. Any further amounts needed for coap'.etine of the system shall be raised by imposing an assessment on the users of the system. Such assessment shall be considered an assessment for common expense and shall be enforced as provided for in paragraphs 8 and 9. 12. Right of First Refusal by Owners. a. In the event any Owner of a Residential Estate in the Protected Property other than the Declarant shall wish to sell the same and shall have received a bona fide offer therefor from a prospective purchaser, including an offer from another Owner, the selling Owner shall give written notice thereof to the remaining owners together with a copy of such nffer and terms thereof. The remaining Owners, individually and collectively, shall have the right to purchase the subject Residential Estate upon the same terms and conditions as set forth therefor, provided written notice of such election to purchase is given to the selling Owner or his agent together with a matching down payment of deposit during the twenty- (20) day period immediately following receipt of the notice of the offer to purchase. In the event that two (2) or more remaining Owners shall have given their notice to the selling Owner provided above. the deter- mination of who among the competing Owners shall have the right to purchase the Residential Estate s`:'.' be made Al frIllows. The selling Owner shall notify all Owners who submitted their notice of election to purchase and provided the down payment of deposit as required hereinabove to submit scaled bids to the Architectural Committee within twenty (20) days of receipt of such notice. The Architectural Committee shall open all such bids upon the thirtieth (30th) day following the day the selling Owner mailed such notice to the competing Owners. and the Owner submitting the bid offering the highest purchase price for the subject desidential Estate shall have the right to purchase the same. k 1 aouK513 PAGE 334 In the event any Owner shall attempt to sell his Residential Estate without affording to the other Owners the right of fi-st refusal herein provided, such sale shall be voidable and may be voided by certificate of non-compliance by the Architectural Committee, duly recorded in the recording office where the Declaration is recorded. However, in the event the Architectural Committee has not recorded such a certificate of non-compliance within one (1) year from date of recording in the case of a deed delivered in violation of this paragraph. such conveyance shall be conclusively deemed to have been made in compliance with this paragraph and no longer voidable. In no case shall the right of first refusal reserved herein affect the right of an Owner to subject his parcel to a trust deed, mort- gage. or other security interest. The failure of or refusal by the Owner to exercise the right to so purchase shall not be constituted or be deemed to be a waiver of such right to purchase when an Owner receives any subsequent bona fide offer from a prospective purchaser. The right of first refusal as provided herein shall extend and run for the life of Robert Chimento of Aspen, Colorado, and his now living descendents and the survivor of them plus twenty-one (21) years. Except as provided in (b) below, and except upon transfer of a title to the public trustee or to a first mortgagee, each grantor of a Residential Estate, upon transferring or conveying his interest, shall incorporate in such instrument of conveyance an agreement that the grantee carry out the pr;,viA'.ons of the right of first refusal as pro- vided in this paragraph. b. Exemption from Right of first Refusal. In the event of any default on the part of an Owner under any first mortgage which efltitles the holder thereof to foreclose the same, any sale under such foreclosure. including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of paragraph (a) and the purchaser or grantee under such deed in lieu of -13- eouK5I 3 PACE 335 foreclosure of such Residential Estate shall be thereupon and there- after subject to the provisions of this Declaration. If the purchaser following such foreclosure sale or grantee under a deed in lieu of surh foreclosure shall be the then holder of the first mortgage or its nominee, the said holder or nominee may thereafter sell and convey the Residential Estate free ked dear of the Lruvis;una of (a) above. The grantor shall thereupon and thereafter be subject to all of the pro- visions thereof. The following transfers are exempt from the provisions of (a): 1. The transfer by operation of a law of a deceased's joint tenant's interest to the surviving joint tenant. ii. The transfer of a deceased's interest to a devisee or devisees by will or its heirs at law under intestacy laws. iii. The transfer of an Owner's interest to a relative within the third degree. iv. The transfer of all of an Owner's interest by treasurer's deed pursuant to a sale for delinquent taxes. v. The transfer of all or any part of a partner's interest as a result of a withdrawal, death or otherwise to the remain- ing partners carrying on the partnership business and/or to a person or persons becoming partners. vi. The transfer of all or part of a partner's interest between one (1) or more partners and/or to persons becoming partners. vii. Tne transfer of a corporation's interest to persons formerly owning the stock of the corporation as a result of dissolution. viii. The transfer of the resulting entity following a corporate merger of consolidations, provided, however, that at least fifty percent (50%) of the stock of the resulting entity is owned by share stockholders of the corporation formerly owning the Residential Estate. iA- 0 600K513 PACE 330 If the Owner of the Residential Estate can establish to the satisfaction of the Architectural Committee that the proposed transfer is not a sale, then such a transfer shall not be subject to the provisions of (a) above. (c) Certificate of Compliance. Right of First Refusal. Upon written request of any prospective transferee, purchaser or an existing or prospective mortgagee of any Residential Estate, the Architectural Committee shall forthwith, or,where time is specified. at the end of that time. issue a written and acknowledged certificate in recordable for evidencing: 1. With respect to a proposed sale under (a), that proper notice was given by the selling Owner and that the remaining Owners did not elect to exercise their option to pi:rchase. ii. With respect to a deed to the first mortgagee or its nominee in lieu of foreclosure and a deed from such first mortgagee or its nominee, pursuant to paragraph (b). that the deeds were, in fact, given in lieu of foreclosure and were not subject to the provisions of (a). iii. With respect to any contemplated transfer which is not in fact a sale, that the transfer will not be subject to the pro- visions of (a). Such certificate shall be conclusive evidence of the facts contained therein. 12. Enforcement. a. Enforcement Action. The Architectural Committee shall hove the right to prosecute l''y ?ct1^n to enforce A"' of thw provisions of any or all of these Covenants by injunctive relief, on behalf of itself and all or a part of the Owners of Residential Estates In the Protected Property. In addition. each timer of a Residential Estate within the Protected Property shall have the right to prosecute any action for injunctive relief and for damages by reason of violation of these Covenants. Louman "Y B0ue5I 3 PAGE 337 b. limitations Actions. In the event any construction or alteration or landscaping we •k is commenced on any of the Residential Estates in the Protected Property in violation of these Covenants and no action is commenced within ninety (90) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied; but an action for damages shall be available to any party aggrieved. Said ninety- (90) day limitation shall not apply to injunctive or equitable relief against other violet' .ns of these Covenants. 13. General Provisienc a. Covenants to un. All of the Covenants contained in this instrument shall be a burde )n the title to all of the Residential Estates in the Protected Pr arty, and the benefits thereof shall inure to the Owners of all of the esldential Estates in the Protected "Property; and the benefits c 1 the burdens of all said Covenants shall run with the title to all of the Protected Property. b. Termination o • Covenants. The Covenants contained in this instrument shall terminate on June 1, 2028. These Covenants may be amended by a vote of the Own.-rs of three-fourths (3/4) of the total acres contained in the Protected Property. provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado. If these Covenants are amended on June 1, 2028, then they shall continue in effect as amended for so long thereafter as may be stated in such amendment. c. Severability. If any part or parts of these Covenants be declared invalid or unenforceable by any court of competent Juris- diction, such decision shall not affect the validity of the remaining Covenants. d. Paragraph Headings. The paragraph headings to this instrument are for convenience only and shall not be construed to be a part of the Covenants contained herein. -16- e 16- 2: } Bou(513 PAGE 338 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The f regoing instrument was acknowledged before me this /4( day of , 1978, by ROBERT CHIMENTO. itne s my hand and official seal. ,A01.Ar? Virsconnission expires =P /)I .... tiF..C4.\ c\Y Notary Pu 11- 34 R000rded :-_ _.. _ o' clock /3 M Reception: Eio . ?..92 44 Mildred Aledorf, Recorder FEB 2 1 1979 STATE OF COLORADO County of Pitkin ss. AFFIDAVIT Robert J. Chimento being duly sworn states as follows: 1. That I am the owner of the real property situated in Garfield County which is more specifically described in Exhibit A, attached hereto. 2. That on July 27, 1978, I caused to be recorded in Book 513 at Page 322 of the real property records of Garfield County, a Declaration of Protective and Restrictive Covenants covering said property. 3. That a description of the property affected by said Declaration was inadvertently omitted from such recording. 4. That said property to be affected by said Declaration of Protective and Restrictive Covenants recorded in Book 513 at Page 322 is the property described in said Exhibit A. Further the affiant saye h not. DATED this rXa� day of eht.7._ , 1979. J z-/,* Robert J. Chimento Subscribed and sworn to before me this 7)() day of February, 1979. Witness my hand and official seal. . My commission expires: E/` 1 — .'y j 1 , ie) • .) , C ;1** . NotaXy J )Public �� / r /. EXHIBIT "A" A parcel of land situated in Lot 4 and in Lot 7 of Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colo- rado, lying Southerly, Easterly and Northerly of a fence as constructed and in - place, said parcel of land is described as follows: Beginning at a point in said fence whence the.Southwest Corner of said Section 18 beara: S.02°06'34" W. 1342.07 feet; thence 11.01°22'17" W. 1908.40 feet along said fence; thence :1.89'39'26" E. 821.22 feet along said fence; thence South 1906.88 feet; thence S.89°33' 55" W. along said fence _775,55 feet, more or less to the point of beginning. and A parcel of land situated in Lots 4, 7, and 12 also in the NWI4SE1/4, all in Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State. of Colorado, lying Southerly of a fence as constructed and in place and West- erly of the Westerly right-of-way line of County Road No. 100. said parcel of land is described as follows: Beginning at a point whence the Southwest Corner of said Section 18 bears: S.31° 29'00" W. 1579.57 feet; thence North 1906.88 feet to a point in said fence; thence N.89°39'26" E. along said fence, 2578.66 feet to a point on the Westerly right-of- way line of said County Road; thence S.3I°02'00" E. 959.80 feet along said right- of-way lin,.; thence 224.50 feet along the arc of a curve to the right, having a radius of 295.02 feet, the chord of which bears: S.09°14'00" E. 219.12 feet; thence S.12 - .;'►'00" W. 460.16 feet along said right-of-way line; thence West 2483.18 feet; thence South 430.50 feet; thence S.89°33'55" W. 525.30 feet, more or less to the point of beginning. afl0K0903,Ari 219 RECORDED 9.'38 O'CLOCK 4.M. REC k 463512 MAY 2 3 1994 MILDRED ALSDORF, GARFIELD COUNTY CLERK AMENDMENT TO DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the undersigned are the owners of all of the real property situate in the County of Garfield and State of Colorado which is subject to Declaration of Protective and Restrictive Covenants recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 287265 in Book 513 at Page 322 and amended by Reception No. 441983 in Book 849 at Page 271 (Covenants); WHEREAS, Exhibit A to the Covenants was omitted at the time the Covenants were recorded; however, said Exhibit A was recorded as an attachment to Affidavit recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 292244 in Book 523 at Page 201; WHEREAS, the property subject to the provisions of the Covenants consisted of seven (7) parcels, six (6) of which contained approximately seventeen (17) acres each and one (1) of which contained approximately thirty-five (35) acres; WHEREAS, paragraph 3.f of the Covenants prohibits the resubidivision of any of the parcels subject to the provisions of the Covenants into smaller lots; WHEREAS, on February 19,1992, the parcel containing approximately thirty-five (35) acres was divided into two (2) parcels containing approximately seventeen (17) acres each by conveying one of the parcels to Arthur Waldron Ackerman III and Susan Moore Ackerman by deed recorded in the office of the Clerk and Recorder of Garfield County, Colorado in Book 824 at Page 578 (Ackerman Parcel); WHEREAS, the parties hereto desire to amend the Covenants to allow the division of the tract containing approximately thirty-five (35) acres into two (2) parcels containing approximately seventeen (17) acres each; NOW, THEREFORE, the undersigned agree as follows: 1. The Covenants are hereby amended by providing that paragraph 3.f of the Covenants shall read as follows: 3. f. Subdivision Prohibited. Except for that portion of the property described in Exhibit A hereof which contains approximately thirty-five (35) acres, no Residential Estate within the Protected Property shall ever be re -subdivided into smaller lots, estates or parcels or conveyed or encumbered in any less than the full original dimensions of the Residential Estate, provided that conveyance or dedications of easements for utilities or private roads may be made Amendment to Covenants Page 1 of 8 £QiU4J1 f Z' % f itkie /4,te t/zic. °` • 800X0903 "hf 1220 for Less than all of one (1) lot. That portion of the property described in Exhihit A hereof which contains approximately thirty-five (35) acres may be divided once into two (2) parcels containing approximately seventeen (17) acres each. 2. The division of the thirty-five (35) acre parcel which occurred prior to the adoption of these Covenants and which resulted in the creation of the Ackerman Parcel is hereby ratified send confirmed the same as if the division took place subsequent to the recordation of this document. 3. The second parcel created by the division of the thirty-five (35) acre parcel is described in Exhibit A attached hereto and made a part hereof. 4. Except as herein provided, all other terms and conditions of the Covenants arc hereby ratified and confirmed. 5. The execution hereof may he by counterparts and, when the signature pages and acknowledgement clauses containing the signatures of all of the owners of the property subject to the Covenants arc attached hereto, the document shall be considered as one instrument. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year set opposite the name of each. Date: 4' . Ll — 9'1 ah__17J- Date: .. 21 - Date: /` Date: Date: Date: Date: ARTHUR WALDRON ACKERMAN Ill 7214011— SUSAN %u SUSAN MOORE ACKERMAN ROBERT R. BACON, aka Robert. Bacon MICHELE T. BACON. alui Michele Bacon MARK M. TYE A. RAYMOND TYE 4rner►dnrent to Covenants Page 2 of 7 Boox0903 r t 221 for Tess than all of one (1) lot. That portion of the property described in Exhibit A hereof which contains approximately thirty-five • (35) acres may be divided once into two (2) parcels containing approximately seventeen (17) acres each. 2. The division of the thirty-five (35) acre parcel which occurred prior to the adoption of these Covenants and which resulted in the creation of thc Ackerman Parcel is hereby ratified and confirmed the same as if the division took place subsequent to the recordation of this document. 3. The second parcel created by the division of thc thirty' -five (35) acre parcel is described in Exhibit A attached hereto and made a part hereof. 4, Except as herein provided, all other terms and conditions of the Covenants arc hereby ratified and confirmed. 5. The execution hereof may be by counterparts and, when'the signature pages and acknowledgement clauses containing the signatures of all of the owners of the property subject to the Covenants arc attached hereto, the document shall be considered as one instrument. IN WITNESS WI-IEREOF the parties have hereunto set their hands and scats the day and year set opposite the name of each. Date: Date: Date: 11/,/ (i /9 T' Date: 5// to /QV Date: Date: ARTHUR WALDRON ACKERMAN III SUSAN MOORE ACKERMAN 4.2„ RO IRT R. BACON, aka Robert Bacon MICHELE T. BACON, aka Michele Bacon MARK M. TYE A. RAYMOND TYE Amendment mment to Covenants Page 2 of 7 • B0OK090311g222 for Tess than all of one (1) lot. That portion of the property described in Exhibit A hcrcofwhich contains approximately thirty-five (35) acres may be divided once into two (2) parcels containing approximately seventeen (17) acres each. 2. The division of the thirty-five (35) acre parcel which occurred prior to the adoption of these Covenants and which resulted in the creation of the Ackerman Parcel is hereby ratified and confirmed the same as if the division took place subsequent to the recordation of this document. 3. The second parcel created by the division of the thirtyfive (35) acre parcel is described in Exhibit A attached hereto and made a part hereof. 4. Except as herein provided, all other terms and conditions of the Covenants arc hereby ratified and confirmed. 5. The execution hereof may be by counterparts and, when the signature pages and acknowledgement causes containing the signatures of all of the owners of the property subject to the Covenants arc attached hereto, the document shall be considered as one instrument. IN WITNESS WHEREOF the: parties have hereunto set their hands and seals the day and year set opposite the name of each. Date: Date: Date: Date: Date: it -)'"Li Date: ARTHUR WALDRON ACKERMAN 111 SUSAN MOORE ACKERMAN ROBERT R. BACON, aka Robert Bacon MICHELE T. BACON, aka Michele Bacon MARK M. TYE A. RAYMOND TYE Amendment 10 Commas Page 2 of 7 Boox0903 iv; 223 for Icss than all of one (1) lot. That portion of the property described in Exhibit A hereof which contains approximately thirty-five (35) acres may be divided once into two (2) parcels containing approximately seventeen (17) acres each. 2. The division of the thirty-five (35) acre parcel which occurred prior to the adoption of these Covenants and which resulted in the creation of the Ackerman Parcel is hereby ratified and confirmed the same as if the division took place subsequent to the recordation of this document. 3. The second parcel created by the division of the thirty-five (35) acre parcel is described in Exhibit A attached hereto and made a part hereof. 4. Except as herein provided. all other terms and conditions of the Covenants arc hereby ratified and confirmed. 5. The execution hereof may be by counterparts and. when the signature pages and acknowledgement clauses containing the signatures of all of the owners of the property subject to the Covenants arc attached hereto, the document shall be considered as one instrument. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year set opposite the name of each. Date: Date: Date: Date: Date: Date: `//2" 7/9/ Amenrin,ent to Covenants ARTHUR WALDRON ACKERMAN 111 SUSAN MOORE ACKERMAN ROBERT R. BACON, aka Robert Bacon MICHELE T. BACON, aka Michele Bacon MARK M. TY A. RAYMON Page 2 of 7 Date: Date: Date: Date: STATE OF COLORADO ) ) ss• COUNTY OF ) 800)0903 ?r.c: 224 MICHAEL, A. TYE DONNA CIIIMENTO SIMPSON SUIViMERS BROMWEI,L The above and foregoing instrument was acknowledged before me this day of . 1994, by Arthur Waldron Ackerman III. Witness my hand and seal. Address: My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF ) Notary Public The above, and foregoing instrument was acknowledged before me this day of , 1994, by Susan Moore Ackerman. Witness my hand and seal. . Notary Public Address: My commission expires: Amendmcnl to (oi'ennuis Page 3 of 7 AFr `r_ • 9 03: FlA_C_ry .P1OF:: E CP2I IDLE • Date: Date: Date: ?~ y Date: Date: Date: 8OOK0903 225 MICHAEL A. TYE BRIDGET M, ROONEY L 4L DONNA CHIME 0 SIMPSO SUMMERS BROMWELL JAMES R. BYRNES VALERIE P. BYRNES STATE OF COLORADO ) ) ss. COUNTY OF ) 'The above and foregoing•instrument was acknowledged before me this day of , 1994, by Arthur Waldron Ackerman 1II. Witness my hand and seal. Notary Public Address: My commission expires: Amendment to Covenants Page 3 of 8 I)ate: Date: Date: Date: • • STATE OF COLORADO ) ) ss. COUNTY OF ) 800x0903 Pr; 226 MICIIAEL A. TYE BRII)CLT M. ROONEY DONNA CIIIMENTO SIMPSON S MMERS SROM CLL The above and foregoing instrument was acknowledged before nie this day of 1994. by Arthur Waldron Ackcrman III. Witness my hand and seal. Notary Public Address: My commission expires: STATE OF COLORADO ) ) SS. COUNTY OF ) The above and foregoing instrument was acknowledged before me this day of . 1994. by Susan Moorc Ackerman. Witness my hand and seal. Notary Public Address: My commission expires: Ameadn,enr ru Cavenanrs Page 3 of 7 Date: Date: Date: Date: Date: 3 3 - 9y Date: J-- .3 - %j/ STATE OF COLORADO COUNTY OF ) ss. BOOX0903 Pm 227 MICHAEL A. TYE BRIDGET M. ROONEY DONNA CHIMENTO SIMPSON SUMMERS BROMWELL J M'S R. BYRN VALERIE P. BYRN The above and foregoing instrument was acknowledged before me this day of , 1994, by Arthur Waldron Ackerman I11. Witness my hand and seal. Notary Public Address: My commission expires: Amendment to Covenants Page 3 of 8 Date: Da te: Date: Date: • • STA 1'E OF COLORADO ) ) ss. COUNTY OF (s,,t ) BOOK0903228 MICIIAEL A. TYE BRIDGET M. ROONEY DONNA CIIIMENTO SIMPSON SLIMMERS BROMWEI,L The above and foregoing instrument was acknowledged before me this a 1 day of /}r , L , 1994, by Arthur Waldron Ackerman 111. Witness my hand and seal. Nota,fv Public (J Acldress: a4 o o My commission expires: y - - ?.P STATE OF COLORADO ) ) ss. COUNTY OF 6 ) 'rhe above and foregoing instrument was acknowledged before me this D.-/ day of ,I . 1994, by Susan Moore Ackerman. Witness my hand and scat. 'Address: -x-tta o C-, 2L_ t o -o Ga -4 10 My commission expires: y — 2-0 — • a-..— 4` Not. , Public (' 1 Amendment to C'oi'enains Page 3 of 7 STATE OF COLORADO ) COUNTY OFL e d ) 800)(090317x;229 The above and foregoing instrument was acknowledged before mc this ;2 %'"'clay of . 1994, by Robert R. Bacon. also known as Robert Bacon.. •;V•�'itncss my hand and scat• Notary Public A .ki css: 0 3O 4 Y / 3 3, (a.r / o 7t.,0 My ciiinmission expires: 19/9 y STATE OF COLORADO ) COUNTY OF 6-ar1-ie/r,() ss. The ;dye and foregoing instrument was acknowledged before. inc this,R"rk day of / ! . 1994, by Michcic T. Bacon, also known as Michele. Bacon.. 'itncss my hand and seal. Notary Public *Address: 030`/ /'/w y /33, CQr, e14 -et My commission expires: 7 STATE OF COLORADO COUNTY OF pi 1'kcn ) ss. • The above and foregoing instrument was acknowledged before 'inc this 5rllay of 1994, by Mark M. Tye. Wi Hess my hand and seal. • Address:: 5/ 51 &i, /4y n My commission expires: .1.../1 7 7 Amendment to Covenants Notary Pub]; !'age 4 of 7 B00K0903 r, ; 230 %,,A, Jtta..t.; STATE? OF:C.'OLOR:',PO ) ____10 ) ss. w COUNTY OF ^A,"s..) The.love ' }nd foregoing instrument was acknowledged before me this )--.2 day of , 1994, by A. Raymond Tyc. S• itncss my hand and scat. Address: 5 My commission cxpi•s:'J STATE OF COLORADO ) ) ss. COUNTY OF Notary Public 0.31.,ULAPv\ - 018 • The above and foregoing instrument was acknowledged before me this day of , 1994, by Michael A. Tyc. Witness niy hand and seal. Address: My commission expires: STATE OF COLORADO COUNTY OF ) ss. Notary Public The above and foregoing instrument was acknowledged before me this . 1994, by Bridget M. Rooney. Witness my hand and seal. Address: My commission expires: Notary Public Ai wudmen: to Covenants Page 5 of 7 day of 80010903 PAC; 231 STATE OF COLORADO ) ) ss. COUNTY OF The .above and foregoing instrument was acknowledged bcforc me this day of _, 1994, by A. Raymond Tyc. Witness my hand and scal. Notary Public Address: My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF The above and foregoing instrument was acknowledged bcforc nic this day of , 1994, by Michael A. Tye. Witness my hand and scat. Notary Public Address: My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF �e above and foregoing instrument was acknowledged bcforc mc this 9 day of . ___ , 199 4, by Bridget M. Rooney. Wi ess my hand and seal. v few r /33 lou --G Address:6..�V/ f, My commission expires: /O/1/7 Amendment 10 Covenants Page 5 of Publu. - APR 2r; ' 94 �_� : 74PM F IF St) IgNORS.E CAS:ENE?LE F. . 800x903 nGi 232 STATE OF COLORADO ) ) ss, COUNTY OF The above and foregoing instrument was acknowledged before me this day of , 1994, by Bridget M. Rooney. Witness my hand and seal. Address: My commission expires: A-1.1 RANI At STATE OF COLORADO ) COUNTY OF V� ss, Notary Public The above and foregoing instrument was acknowledged before me thisa1'tn day of. A..PRAL. , 1994, by Donna Chimento Simpson. Witness my hand and seal. Address; My commission expires: -a -°C7 Notary Public INICIA AMMO COMA o 9 NI/ Notary MtZo •-• Chi VENWd;1MAW CVNA. Blase Mt Tim STATE OF COLORADO ) ) ss. COUNTY OF The above and foregoing instrument was acknowledged before me this day of , 1.994, by Summers Bromwell. Witness my hand and seal. Notary Public Address: My commission expires: Amendment to Coi•enants Page 6 of 3 .STATF, OF COLORADO COUNTY OF ) ) SS. ROOK0903 i'er,.; 233 The above and foregoing instrument was acknowledged before me this , 1994, by Donna Chimcnto Simpson. Witness my hand and scal. Address: My commission expires: STATE OF COLORADO COUNTY Of CCr/i/J ) ) ) SS. Notary Public day of The .above and foregoing instrument was acknowledged before nye this e26 day of ,, "• W 4 unwell. /qt,244. I , 1994, by Su Witness my hand and seal. Address: 1 ! //'y (33 My commission expires:/cV// 9% • Public./ STATE OF COLORADO COUNTY OF The above and foregoing instrument was acknowledged before me this ,1994.by` Witness my hand and seal. ) ) ) SS. s�q • -vim? Address: My commission expires: Notary Public Amendment to Corcnants Page 6 of 7 day of STATE OF COLORADO ) ) ss. COUNTY OF ) BOr,K0903;' m234 The above and foregoing instrument was acknowledged before me this J day of l 614_4., 1994, by James R. Byrnes. \W Ness my hand and seal. Notary Public Address: is k_Q.cc,,•,n., 12 -at, S. IY\ • V• ,C o . 811o/ S My commission expires:24 • I STATE OF COLORADO ) ) ss. COUNTY OF 2'1-7Z ) • The above and foregoing instrument was acknowledged before me this day of 7Ylct .�JJ , 1994, by Valerie P. Byrnes. Witnea's my hand and seal. Notary Publi Address: (s /{c1,,,.,,w (?4 , 5 1M J C u 5'l (o I My commission expires: Amendment to Covenants Page 7 of 8 • 800X0 903 i>Ar1235 EXHIBIT A Attached to and Forming a Part of Amendment to Declaration of Protective and Restrictive Covenants A parcel of land situated in Lots 4 and 7 of Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, Tying easterly and southerly of a fence line as constructed and in place, said parcel being more particularly described as follows: Commcncing at the southwest corner of Section 18 of said township and range, being a Garfield County brass cap in place; thence N. 01°57'27" E. 1342.35 feet to a point in said existing fence line, also being a rebar and cap L.S. #7972 in place; thence continuing along said fence line N. 01°22'17' W. 957.32 fcct to the true point of beginning; thence continuing along said fence. line N. 01°22'17" W.950.48 feet to a rebar and cap L.S. #7972 in place; thence continuing along said existing fence line N. 89°06'15" E. 795.52 feet; thence leaving said fence line S. 01°1718" E. 962.00 fcet; thence S. 89°56'08" W. 794.31 feet to the true point of beginning. Amendment to Covenants Page 8 of 8 RECORDED AT �� MIIt)RE LS. FEB 6 1992 CLERK. 43 2016. WELL AGREEMENT BOOK 824 PAGE5SO ) aid THIS AGREEMENT merle this ,Z3 day of e ., 199], by and between ROBERT CHIMEtlTO, whoa;e address is 6765 Wildlife Road, Malibu, California 90265, (hereinafter referred to as "Chimento"), and DONNA SIMP;SON, whose address is 28262 Rey de Cope Avenue, Malibu, California 90265, (hereinafter referred to. act "Simpson") . WHEREAS, Chimento is the owner of a parcel of property located in Garfield County, Cc?urado; which is described in Exhibit A attached hereto; and WHEREAS, Simpson ire the e ner of certain real property located in Garfield County, Colorado, which is described .in Exhibit B attached hereto; and WHEREAS, Chimrtto iK applying for a permit to drill et domestic well on either of .the pr.•oporti.cs described. in Exhibits A and Ti attached hereto; and WHEREAS, pursuant to current Colcrado law, only one . well permit can be issued for the. px.op€rty d.ecrcribed in Exhibit A and Exhibit e attached ho.rato; and WHEREAS, it is contemplated that said well will service both the properties described in. 2xhibitn A and H attached hereto for purposes of single family residences; and WHEREAS; the parties herc?to desire to enter into a well -- sharing agreement which prc! iziee for the . use of a well by each party, the maintenance of the well improvements and the granting of casements for the transporting of water front the well to the properties descwibe_i in Exhibi.te A and R attached hereto. NOW, THEREFORE, in consideration of the mutuel covenant: and agree:nentri made hexe.i.n, Lhe parties covenant and agree as follows: 1. Either. party consents to locating the well on the properi•.y described on Exh+.bit A. or Exhibit B depending upon the recommendation of a well driller. 2. The parties agree that this hgreeme nt is based upon such a well serving boi:h iwopert.1ea described in Exhibit Ii and Exhibit B. 3. Ei.thC1:c party, at any time, at their own root: and expense, .shall have t:he right to drill the well pursuant to pe,:mit, and such party shall be fully responsible for all maintenance and repair to said well until such time aa the owner of the other parcel desires to use the well. BOOK 824 PAGE581 4. Upon the owner of :.he second parcel desiring to use the well, said owner shall pay the owner of the first parcel one half of the initial capital cost for installation and construction of the woll adjusted by a cost--of--living increase basted upon a change in the Consumer Price Index, A.L1. itemtx, All Cities, from th.3 period of the dace the well first pumped water to an improved residence until 90 days pro cdiug the data that the owner of the a►,'-ond parcel desires to utilize the water. 5. Th;c:wner of the second parcel shall 3iaVt 210 obligation to reimbare.a the first t: a"ex• for •:arty maintenance and repair expenses for they well incurred by the owner of the first parcel prior to thn second user' a use of thu same, until such time as both j artion are hooked up to the well, and at that tire, both parties shall bear the Cost of operation, isainteni ecs, repair and replacement of the well. 6. The parties surtee that each owner of an improved parcel shall have the right to use one-half of the water produced by et?id well. 7. The par t:l. s hereby grant to each other easements fox the placements, of an underground pipeline, transporting pump And utilities for the pt;irtp, for the maintenance, repatr and replacement of underground pipa.lLnera, rumps and utilities for the pump across their ragpect.ive properties. 8. Said easement ahetll :extend throe feet (3') on each nide of the centerline.of the locations of the pipeline. 9. to addition, the ea2einc-ttt nha11 extent .f iv':ti feet (5'y from the well on all sides for the purporse of maintenance, repair and replacement s;l' the well, ';ogethor with a aright_ of access to said well to permit the exercise of thti rights and obligations herein. 10. Fach party cthal i advise the other of the location of potential bn.{ 's d f no envelope on their respective properties and all eaaemerits granted herein shall not ;titn.rfere with the building envelopee of the housing sites. 11. Both parties agree to restore the land to its former condition after exercise of .my easemsint granted herein. 12. It is agreed that: the maximum land that may be .irrigated by any user of water from the subject well. is 5,000 square feet, provided howevev that the cental: may used for stock watering, 13. It is agreed that t:ha hater produced by the subject well shall be used only for domestic purpoaes and nn other. 14. It in agreed that tf any party hereto faits to pay hen or her share of the coat of operation, maintenance, resat r, or replace(rtent of the well a2id its related improvements wit:litn ten BOOK 824 PAGE 582 • • • (10) days after receipt of a statement, the other party shall have the right to cut :af f the watev supply to the non-paying party until payments are snide in fulls When the expenses are anticipated to exceed . Ono Thousand 01,006,00) D61lare (except for the initial construction and except for an emergency), each party shalt give prior approval of such e:cpanditure. 15. Thi: p hies agree that if the physical faourcn of supply of water for the 's4 ect well fails to piov.i.dsufficient wat:qr for both residences here4:i) that they will relocate t_h..s •Inell and share the costa equally as provided herein. 16. This Ag.reelnent `s�z,.\11 be binding upon the parries hereto, their heirs, succesaort andN..ass.'.gns . • THIS AGREEMENT executed i:'.ie dny and year firit above written. c—ROBERT-F IMMTO 1)0 A SIMPSON STATE OF CALIFORNIA). : ae. County of L41-5 Subscribed and , awcrn to before me this Z t 5'rd.ay of 140*, by Robert Chimento . IcicZ Witness my hand and official, seal. My commission expires: L- Mme. x‹:- FE e_4, c.e)1/ fir, r\ NotaPublic ► ! ' ,;, OFFICIAL NOTARY SEAL STATE OF CALIFORNIA) 1 88. County of e LFA Subscribed and (sworn to before Lam, by Donna SS.npson. lgat me 4 ELIZABETH M. ST IIENRI Notary Public —Cilllornla A °! U)S ANGELES COUNTY My Comm. Expires MAR 25.196 Cr-roe- t hi s .this as day of. 3figktelabiar, ti Witness my hand and official seal. My commission expires: MAN/2- 2.5-, ICtis eco - , l51...2 Noty Public o:\wp51\doc\chimento _ tIAL NOTARY SEAL BETH M. ST HENRI y Publlc — California op ANGELES COUNTY lat Mon.Expttes MAR 25,1995 BOOK 824 P&GE588 EXHIBIT A A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUN'T'Y OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND NORTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLAc;'E, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE; THENCE N 01°57'27" E 1342.35 FELT TO THE TRUE POINT OF BEGINNING, BEING A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. #7972 IN PLACE; THENCE N 01'22'17" W ALONG SAID FENCE LINE 957.92 FEET; THENCE LEAVING SAID FENCE LINE N 89.56'08" E 794.31 FEET; THENCE S O1°17'18" E 957.89 FEET TO A POINT IN SAID EXISTING FENCE LINE (WHENCE A REBAR AND CAP L.S. #12770 BEARING N 01:17'18" W 5.78 FEET) ; TIHENCE ALONG SAID FENCE LINE S 89'56'08" W 792.92 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 17.4475 ACRES, MORE OR LESS. BOOK 824 PAGE EXHIBIT B (54M1,nSt") A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND SOUTIHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSIHIP AND RANGr_:, BEING A GARFIELD COUNTY BRASS CAP IN PLACE, THENCE N 01.57'27" E 1342.35 FEET TO A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID FE �_ N 01'22'17" W 957.92 FEET TO THE TRUE POINT OF� BEGINNING, THENCE CONTINUING ALONG SAI E LI E_-l-A�22'17" W 950.48 FEET TO A REBAR AND CSP L.S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID EXISTING F c LINE N 89.06'15" E 795.52 FEET; THENCE LEAVING SAID FENCE LINE S 01`17'18" E 962.00 FEET; THENCE S 89.56'08" W 794.31 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 17.4475 ACRES, MORE OR LESS. Recorded at a7,�a o'clock M. OCT 0 2 1985. Reception No.2 4 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO EASEMENT AGREEMENT • B00K: This Easement Agreement made this N)� day of September, 1986 by and between Bruce D. Baker whose address is P.O. Box 5093, Snowmass Village, Colorado 81615 (hereinafter referred to as "Baker") Marquette Bank Minneapolis, N.A. whose address is 6th and Margi...este, Minneapolis, Minnesota 55480 (hereinafter re- ferred to as ".?Marquette"), First National Bank in Aspen whose address is 420 East Main Street, Aspen, Colorado 81611 (herein- after referred to as "First National"), and Robert Chimento whose address is 6765 Wildlife, Malibu, California 90265. • WHEREAS, Baker is the owner of a parcel of property located in Garfield County, Colorado described in Exhibit A attached hereto; and WHEREAS, Marquette is the owner of two parcels of property located in Garfield County, Colorado described in Exhibit B attached hereto; and WHEREAS, First National is the owner of two parcels of property located in Garfield County, Colorado described in Exhibit C attached hereto; and WHEREAS, Chimento is the owner of a parcel of property located in Garfield County which is described in Exhibit D attached hereto; and WHEREAS, there is a certain road in place (hereinafter referred to as "Road in Place") which serves as access from County Road 100 to all properties described in the exhibits; and WHEREAS, the parties desire to grant mutual easements to use the Road in Place as provided herein; NOW THEREFORE, in .consideration of the mutual covenants. contained herein and other good and valuable consideration receipt of which is hereby acknowledged, the parties agree as follows: 1.' Grant by Baker of easement. Baker hereby grants to Marquette, First National and Chimento their heirs, successors and assigns a perpetual and non-exclusive easement for ingress .and egress and for installation of undcetiTitel. utilities along L across, over and under the Road in•Place located on the prop- erties described in Exhibit A attached hereto. Such grant of easement shall not be in gross but as an appurtenance to the properties described in Exrlibit B, Exhibit C and Exhibit D attached hereto. BOO 696 E3 . 2. Grant of Mutual Easement by Marquette, First --National and Chimento. Marcv'tte, First National and Chimento hereby. grant to each other and their heirs, successors and assigns a perpetual and non-exclusive easement for ingress and egress and for installation of�g--lad utilities along, across, over and - under the Road in Place located on the properties described in Exhibit. B, Exhibit C and Exhibit D. Further the parties .acknowledge that the Road in Place may not be located precisely on common property lines between the respective parcels•and the parties hereby grant to each other, easements 20 feet in width - over their respective properties necessary to provide physical access from their properties to the Road in Place. 3. Installation of utilities. Unless otherwise prohibit- ed by any other covenants of record, Baker reserves the right to install overhead utilities along the portion of the Road in Place located on the properties described in Exhibit A and this reser- vation shall not be deemed to expand the grant of easement•as set forth in Paragraph 1. Maintenance. All maintenance to the Road in Place shall be born by the parties on the following basis: each parcel of property shall be responsible for one/sixth of the cost of the maintenance of the Road in Place as it crosses the property described in Exhibit A. Each property described in Exhibit B, C and D shall each be responsible for 20% of the the cost.of maintaining the Road in Place for that portion of the Road In Place located on the properties described in Exhibits. B, C and D. Ali expenditures for maintenance and capital improvements shall be assessed and collected pursuant to the provisions of certain protective covenants recorded in Book at Page , which affect all the properties subject to this Agreement. 5. Binding Effect. This.Agreement shall be binding on the parties hereto for heirs, executors. and assigns.' - 6. Counterparts. This Agreement may be executed in counterparts all of which taken together shall be deemed an original. MARQUETTE BANK MINNEAPOLIS, N.A. By: FIRST NATIONAL BANK IN ASPEN By: -2- Bruce D. Baker ob"ert Chie�id' STATE OF ,MINNESOTA COUNTY OF HENNEPIN as Doge 696 pAcE436 SS. The foregoing instrument was acknowledged before me this day of 1986 by of Marquette Barak Minneapolis, N.A. WITNESS my hand and official seal. My Commiss -• - expires: STATE OF COLORADO ) • ss. COUNTY OF PITKIN The foregoing irs.trument Notary Pubic was• acknowledged day of,1986 by as of First National Bank in Aspen. before me this WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN. ) Notary Public The foregoing instrument was acknowledged before me this day of 1986 by Bruce D. Baker. WITNESS. ray hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF PITKIN Notary Public ss. ) The foregoing instrument was acknowledged The day ofr ,-/ f J.-;!,� ! , 1986 by Robert WITNESS my hand and official seal. My commission expires: ;r;ia +•�� 4tExpir Apy ?,1& i n before me this Chimento. trt y. PraFi�l:ic'- L 600K 696 fAtE337 EASEMENT AGREEMENT This Easement Agreemen. •de this day of September,. 1986 by and between Bruce D. 3aker whose address is P.O. Box 5093, Snowmass Village, Colorado 81615 (hereinafter referred to as "Baker") Marquette Bank Minneapolis, N.A. whose address is 6th and Marquette, Minneapolis, Minnesota 55480 (here.nafter re- ferred to as "Marquette"), First National•Bank in Aspen whose address is 420 East Main Street, Aspen, Colorado 81611. (herein- after referred to as "First. National"), and Robert Chimento whose address -is 6765 Wildlife, Malibu, California 90265. WHEREAS, Baker is the owner of a parcel of property located_ in Garfield County, Colorado described in. Exhibit A attached - hereto; and WHEREAS, Marquette is the owner of two parcels of property located in Garfield County, Colorado.described in Exhibit B. - attached hereto; and WHEREAS, First National is.the owner of two parcels of property located in Garfield County, Colorado described in Exhibit C attached hereto; and WHEREAS, Chimento is the owner of a parcel of property located in Garfield County which is described in Exhibit D attached hereto; and WHEREAS,.there is a certain road in place (hereinafter referred to as "Road in Place") which serves as access from County Road 100 to all propertieF, described in the exhibits; and. WHEREAS, the parties desire to grant mutual easements to use the Road -in Place as provided herein;. NOW THEREFORE, in consideration of the mutual covenants. contained herein and other good and valuable consideration receipt of which is hereby acknowledged, the"partiesagree as follows: 1 1.• Grant by Baker of easement. Baker h eby rail s to Marquette, First.National and Chimento their . irs, successors and assigns a perpetual and non-exclusive ea ement-for ingress. and egress and for installation of under � d -utilities along, across, over and under the Road in Place located On the prop- erties described in Exhibit -.A attached hereto. Such grant .of easement shall not be in gross but as an appurtenance to the properties described in Exhibit B, Exhibit'C and Exhibit D attached hereto. .//".1 2. • Grant of Mutual Easement)y Mafquette, .First National and Chimento. Marquette, First National and Chimento hereby grant to each other and their heirs;.successors and assigns a.. perpetual and non-exclusive ea.g'ement for ingress and egress and' for installation• of •rrdurgrZ7p.id utilities along, across,. over- and under the Road in Place located on•tbe-properties described:in ' Exhibit B, Exhibit -C and Exhibit D.. Further the par.ties.. .• acknowledge that the Road in Place fmay not, be. located .precisely on common property lines between the respective parcels.and the . parties hereby grant to each other,.easements,20 feet'in width over their•respective properties .necessary to'provide physical access from their properties•to the, -Road in Place. 3. Installation of utilities.- Unless otherwise prohibit- ed by any ocher covenants of -record, Baker reserves the right to • install overhead utilities along. the portion of the Road in Place located on the properties described in Exhibit A and this reser- vation shall not be deemed to expand the grant of easement as set forth in Paragraph 1. • 4. Maintenance. All maintenance to the.Road in Place shall he born by the parties on the following basis; each parcel cf property shall be responsible_ for one/•sixth of the.cost of the maintenance of the Road in Place as it crosses the property.. • described in Exhibit A. Each .property .described in Exhibit B, -C and D shall. each be responsible for 20% of the the cost of --:- maintaining the Roa'3-in Place for that portion ,f; the Road In Place located on the properties described in ExhiLits B, C and D. All expenditures for maintenance and..capitai improvements shall. be assessed and -collected pursuant to the.provisions--of certain protective covenants recorded in Book. . at Page :, which affect all the properties subject to this Agreement. 5. Binding Effect. This Agreement shall.be binding on the parties -hereto for heirs, executors and assigns. 6. Counterparts. .This Agreement may be executed in counterparts all of which taken together shall be'deemed an original. BOOK 696 IbGE 33S MARQUETTE BANK MINNEAPOLIS, N.A. � r By: /kiii _ 0..; r17(1,i'fiCLi,� 7U4 f Bruce D. Baker FIRST NATIONAL BANK IN ASPEN 13y: -2- Robert Chimento STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss Bohr, 696 FIGEM` . The foregoing instrument was acknowledged before me this 2_ day of �7f' ='ter'/}? 4'/ , 1.986 by J%', ` f 7' j :% 0..2744,: as /'I<<;� Or7i-icor of Marquette Dank Minneapolis, N.A. WITNESS my hand and official seal. UNDA L. MEiXELL wi:Teh .^.it,. .....:,r•;, Oct. 12:19:i9 ST?:TE" Or —t 7?ZT'T• YCT 7 ) ss. COUNTY. OF •PIT}IN ) ) Notary Public •-•;" /21.(2„6„/ ,,: The foregoing instrument was acknowledged before me this day of �)t (;`i['11L1.1.AL , 1986 h}' Mai c,i2t. as of First .Nati.onal Dank in Aspen. 6 WITNESS tny. hard and official seal. My commission expires: Gerotatek Expa =My Z,I' STATE OF COLORADO ) ) ss. COUNTY OF PITKIN Notary Public \. • The foregoing instrument was acknowledged before me this -1- day of j,,,�, , 1986 by Bruce D. Baker.. WITNESS my hand and official seal. My comrlission expires: ,n,+, b>>tRifyt5::iU!:F:F:fHFE�3a:l:Il'sx„'.it�`.�Lt STATE .'r'' COLORADO ) ) sr. COUNTY OF PT_TKIN ) • .i �) � ..0 `?VII /),-, in 0 Notary Public �- '••-•::11-,/1.0-1;M:-..,.i . . • The foregoing instrument was acknowledged before rite' this day of , 1986 by Robert Chimento . • WITNESS my hand and official seal. My commission expires: -3- Notary Public F ; '+�= • '' 1.l;G�l!. DESCRIPTION y., '•.: A. PARCEL OF LAN!) SITUATED IN LOT 12, Afii.) IN THE ;'W 1/4 SC 1/4, Ar L -•:IN LECTION 1$, TOw;JSNIP 7 SOUTH, RANGE 17 WEST OF 'E'l:E: SIXTH PRINCIPAI, .:MJRIDIAN, COUNTY OF GARFIELD, 6TATE OF CrW1.ALO, LAIN.; SOU'!'lll;i'I i' CW ' FENCE AS CONSTRUCTED AND I.J PLACE AND WLS`i'CRLY OF THE WI:S (..:E.Y • • ti• RIGHT—OF—WAY LINE OF COUNTY ROAD 100, SAI : PARCEL IS 1)ESCI' f E' •'5 FOLLOWS: BEGINNINC A;' A POINT WUE;lc'f: PH!: SOUTIIWI T CORNER (••1r SAID ' °•, 13 BEARS S. 48'22'09" ;,c. 'c,G .4 i : ,Ff1, :fl.LE NORTH 832. 3J7 .., , A FI :. AS C:.ONSivL .'1'u, ANL I', PLACE: TiW:iCI: ALONG SAID f e:Ncf: F'L'ET TO A FENCE :1S (:Oitil.i'!':iE'(•:'i:i. A::L 1N E':.;.CL LIFE:; 't -!u; ,;j:STl::''.., isE';i+'E'— OF—;+?.Y (..`' COUNTY ROAD •1+)0; T!IL'.c'E•: •ALL'V(; :'i: Ii) F1.•:L:1. : .):'33'.-.4" F; • 963. 171. FELT; TI!LNCE S. 1";')'2G" W.r I 1'� .702 1'%F'; 'I'i.' ':I.., i.:ENT 'JF' BEGIN:v'I:;c; CON TAIN I:;.; 1.7.50 Ac'rs M :,, c_;:R11 F/C•. T!: OF U;.VI•.:' I, : ENNE : l! L. GLENN, A LAlo ; :.:c`,i i:YOF: RI i. f :i1 i;i E1) UNDER THE '..' .. . TIE STATE OF COLORADO iil'i''•:'E3Y ('I:R'I IFY MN!. IN MIiv .ME' 19 7 P ' • :{W't:Y OF TETE AP,OVE Di:';CR f;ii:.) LA:JL ;.r:S PERI O''N1 D _N1)I:R ,•'.Y D E Rc:. - ':t'''I`' ION AND TO 'ria; BEST (E MY :::J•)i'i•?:L: .i: AND LEL I.:;' t A ! rI TRU AN CORRECT P?'P:!:SL'.iA'; OF THE i.E cI. TS OF TH :. : ti'I' , is -;�- ,. . c' '2'f • A /% • ' . ;: M . • :+J .14 w`t • 7• • 71m1sent NotaL_W _Me_vi sA Continued SCHKDOLI * EXHi3lT BB w 696 Pac 341 S. The land referred to in this Commitment is described as follows: Parcel C A part of Lot 7 and of the Ii4SEg of Section 38, Township 7 South„ Range 87 blest of the 6' P.n., described as follows: Beginning ata point whence the Southwest corner of said Section 18 bears South 33057'01" Westi, 3039.36 feet; tbence due South, 740.379 feet, more or less, to a point on the North line of a tract conveyed to Augur by deed recorded in Book 487 at Fege 662; tbence East, along said North line, 1029.61 feet, more or less, to the Southwest corner of a tract conveyed to Orrick end O1avpitt by deed recorded in Boo 513 at rage 351; thence North, 740.379 feet to a point which is due East from the point of beginning; thence blest, 740.379 feet to the point of beginning. Parcel 1) A part of Lots 4 and 7 in erection 18, Township 7 South, Range 87 Vest of the 614 P.M., described as follows: Beginning at a point whence the Southwest corner of said Section 18 bears Soutb 18'49°19" West, 2533.04 feet; tbeace North 89°39'26" East, 880.52 feet; thence North, 856.39 feet, more or less, to a point on the North line of a tract described in Book 495 at Page 952; thence South 89'39'26°' West, 899.78 feet; thence South 1'17'18" East, 856.49 feet to the point of beginning. Comm'itment No..GL 060 Revised BO;( 696 nGE342 5. The land referred to in this Commitment'is described as follows: PARCEL ) SCHE,DVLE. _8 .A part or Lot 7 in Section 18, Township 7 South, Range 87 West of the 62 P.M. described as .follows: . Beginning at a point whence the Southwest corner of said Section 18 bears South 18949'19" Vest, 2533.04 feet; thence North 89'39'26" Bast, 880.52 feet; thence South, 621.29 feet to a point on the North line of a tract conveyed to Augur by deed recorded in Book 487 at Page 662; thence West, along said North line, 347.516 feet to the Northwest corner of said Augur tract; thence South, along the Vest line of said Augur tract, 430.5 feet, thence Fest along the boundary of a tract described in Book 495 at Page 952, a distance of '509.49 feet to a point which bears South 1017'18" East from tbe point of beginning; thence ?forth 1917'18" Vest, 1050.87 feet, more or less, to tbe point of beginning. PARCEL B A part of Lots 4, 7 and 12 and of the Nt,'xSE) of Section 18, Township 7 South, Range 87 Jest of the 611 PJ1., described as follows: Beginning at a point whence the Southwest corner of said Section 18 bears South 33'57'01" West, 3039.96 feet; thence due North, 737.298 feet, more or less, to a point on the North line of a tract described in Book 495 at Page 952; thence North 89'39'26" East, along said North line, 1029.627 feet to the Northwest corner of a tract conveyed to Baker by deed recorded in Book 514 at Page 205; thence South, along the West line of said Baker tract, 743.521 feet, more or less, to a point which is due East from the point of beginning; - thence West, 1029.61 feet, more or less, to the point of beginning. :IR RT O."SCARNOW•L.S. rfGS. .RIVERT A. W ANst. CY L. S., NICE PRIES. 6 At/t. LAI•AY CNAAAM; P.C. VICC rHESIU,NT TOV WALKCT L.S. COZRA:LTA/4T RAYMOND L. TALO'MIM, C.C. ►RANK W. NARNINC:•ON DENNIS 0. fINAUL:CY, 1..CR. RIF LC A parcel of.land situated NW 4SEl. of said Sectic.: 18 Sixth Principal Meridian, Southerly.and Easterly of the Westerly right-of-way described as follows: Reg. Engineers and land Stjiveya:� 204 iitli Street- Office Glenwood Springs, Colo. 81601. gook.. 696 PIGE34.3 EXHIBIT Extension Office . • 328 East Avenue • Rifle, Colo. 81650 LC CTRO T.AP�, CLARY COMPUTCR WILD TNE00L1ia' INSTRUMENT RCC, in.Lots 4,7, and 12 of Section 18, and in the all in Township .7• South, •'Range 87 West of the County of Garfield, State of Colorado, lying a fence as constructed and in place and Westerly of line of County Rbad No. 100, said p cel of land is. Beginning at a point•in said fence whence the Southeest.Corner of said Sec- tion 18 bears: S.0.2°06'34"'W. 7.342.07 flet; thence N.01°22'17" W. 1908.40 feet along said fence; thence. N.89°39'26" E. along. said fence. 3399..88 feet, wore or less to a point on the We.sterly.right-of-way line of said road; thence. S-31°02'00" E. 959.8Y feet along the Westerly right-of-way line of said road; thence 224.50 feet .along the arc of.a curve to the' right, having a radius of. 295-02 feet, the chord of which bears:S:09°14'00" E. 219.12 feet;.ihence. S.12°34'00" W. 460.16 feet along the Westerly right-of-way line of said road; thence West 2483-18 feet; thence South 430-50 feet to a point on said fence; thence S.89°33'•55" W. along said. fence, 1300.8.5 feet, more or less to the point of beginning. The above described parcel of land contains 139.95 acres, more or less: July 20, 1976. SCAR'OW ANO WAL_'ER, INC. REVISED October 6, 1976 .P.O. BOX 460 GLENWOOD SPRINGS, COLORADO *excepting therefrom the properties described in Exhibits A, B and C. Gier iaod Spring . apx 460 • Phone 945-5574 Rifle • Box1478 . Phone 625-2740 1•e; Recorded At .. Recerllon No 'rU E 1 2: 1 4 C V L lJ FC iI L U Lr L:� 1 1 1 1 L E ate .FEB 28 992. Recorder, WARRANTY DEED THIS DEED, Made • between Robert J. Chico nto . grantor, and 15.00 BOOK 824 PAce578 B 2 6 1992 Rab Doo. FM Arthur Waldron Ackerman III and Susan Moore Ackerman whose legal address Is .gox / / � . > ° /ee,�,,1,,,Av6 of the County of • ���� f and State of Colorado. grantees: WITNESS, thus the grantor, for and in cons Gratton o the sum of ten dollars and other good and valuable consideration the receipt and sufficiency of which Is hereby acknowledged, has granted, bargained, sold and conveyed, and by these prc+ents does grant, bargain• xeli. convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in t.ummun but in joint tenancy, all the real property, together with improvements, if :any, situate. lying and being in the ('aunty of Garfield and Slate of Colorado, described as follows: also known by street and number as vacant land TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in unywiac appertutning and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right. title. Interest, claim and demand whut.rever of the grantor, either in law or equity, of, In and to the above bargained premises, with the heredittnttents and appunenunces, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtonuncen. unto the grantees. their heirs and assigns forever And the grantor, for himself, his heirs and personal representatives, dues cuvcnent, grant, bargain and agree to and with the granices, their heirs and assigns, that al the Umlaut the entailing and delivery of these presents, ho 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 gond right, full power and lawful authority to pant, bargain, sell and convey the same In manner and furor aforesaid, and that the same are tree and clear from ell former and other grants, bargains, sales, lions, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, exec t distribution utility easements, infiuding TV ud ng cable subject to building and zoning r ations• free and clear of a taxes except the Waal taxes for the year of closing and free and clear of a liens for special imrprovements installed as of the date hereof whether assessed of not; except those matters reflected by the Title Dominants; except rights not shown by public records. The grantor shall and will WARRANT AND FOREVER DEFEND the ebove•bargoined premises in the quiet and peaceable possession of the grantees. their heirs and assigns, agalnat all and every person or persons lawfully claiming the whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of any gender ebull be applicable 10 all genders. IN WITNESS WHEREOF the grantor hus executed this deed on the date set forth above. signed thisLday of February STATE OF COLORADO County of Garfield The foregoing Instrument was acknowledged befute me this by Robert J. Chimento. Colorado West nue Insurance Company 817 Colorado Ave„ Sulte 108 Glenwood Springs, CO 81601 3031945.0408 92. in nt } KK. 9 day of February Witness my hand and Uncial sal., My commission expires 9/9 Naay WNI: ,1932 , / ��✓:°s= •• � ..r•.,..tn n .• lD% BOOK 824 PAGE5 9 EROPERTY DESCRIPTION PARCEL D-2 A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND NORTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECYION 18 OF SAID TOWNSHIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE; THENCE N 01'57'27" E 1342.35 FEET TO THE TRV: POINT OF DEGINNINS;, BEING A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. #7972 IN PLACE; THENCE N 01'22'17" W ALONG SAID FENCE LINE 957.92 FEET; THENCE LEAVING SA10 FENCE LINE N 89'56'08" E 794.31 FEET; THENCE S 01'17'18" E 957.89 FEET '1'0 A POINT IN SAID EXISTING FENCE LINE (WHENCE A REBAR AND CAP L.S. #12770 DEARING 11 01'17'1£3" W 5.78 FEET); THENCE ALONG SAID FENCE LINE S 89'56'08" W 792.92 FEET TO THE TRUE POINT OF BI_INN1NG, SAID PARCEL CONTAINING 17.4475 ACRES, MORE OR LESS. Together with and subject to the following access and utility easement: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE N 19°33'37" E 2440.97 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REBAR AND CAP L.S. #19598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 89`56'08" W ALONG THE SOUTHERLY LINE OF SAID "PARCEL D-1", 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 01°17'18" W 273.13 FEET; THENCE N 89°56'08" E 20.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID "PARCEL D-1"; THENCE S 01°17'19" E ALONG SAID EASTERLY LINE 273.13 FEET TO THE TRUE POINT OF BEGINNTNG; SAID PARCEL CONTAINING 0.125 ACRES, MORE OR LESS. Together with all of seller's interest in the Well Agreement dated September, 1991. GARFIELD COUNTY APPLICATION FOR BUILDING please print Assessor's Parcel # Z 39 / Is 00 /L 3 TO BE FILLED OUT BY APPLICANT ADDRESS '7 0 I �,p. +e'1 4� .a SUBDIVISIONt_ U FILING LOT #BLOCK fit a TAX SCHEDULE# 0;071 -Oil LEGAL (SEC/TWN/RNG) 031 7 sovTU % 8 ? b+r. of 60v^ g NAME sic 1p 4 50 ;1 J Ask&L,AAJ MAILING ADDRESS Rok{61- U CITY Clpid .Bd,Ji)Att, i CO. PHONE 26 3- all9 0986 PERMIT PERM1 or type DATE T NUMBER 07-1/16 3 x z c w NAME k )P ,pc K /J .An1 ADDRESS EIVX !!yam- CITY GAIL& 'JD L.4, CONTRACTOR NAME J,,kE& 4 a AllA2C.e.r7Lv L L IId",ES ADDRESS jS'p X 13i R CITY 'GAAJP0AJOAL.1 CO PHONE9V.a-•D1/ j LICENSE # CLASS OF WORK NEW 7C ALTERATION DEMOLISH REPAIR ADDITION MOVE MOBILE HOME (make/model) S.F. OF BUILDING S.F. OF LOT /7 r..4E u OF FLOORS a HEIGHT # OF FAMILY UNITS I # OF BEDROOMS 2_ INTENDED USE OF BUILDING A.E 0ptiNc.. GARAGE: SINGLE DBL CARPORT: SINGLE DBL FIREPLACE NF.aYme4va.. 1,4flo`T (Won e/ 4u r►Yt j) DOCUMENTS ATTACHED WATER SUPPLY �/Ve / ` 3 D 1 ell' 0 Se) DRIVEWAY PERMIT AtA C'e'I4ylb,L. SITE PLAN �( J BUILDING PLANS X SANITARY SEWER CLEARANCE Ai A / cicach )I,wt rod a ,v.‘14-1.1 S.rr a •t q ON SITE SEWAGE DISPOSAL PERMIT OTHER DOCUMENTS (specify) / P:5447114 . 4f -4'6d'3, ,..0 'sero$oeo� FOR OFFICE VALUATION �j3, 7(-3,�,o PERMIT FEE s4[, TOPLtN CHECK FEE $ TOTAL FEE $ 7 $, 4-e SCHOOL IMPACT FEE $24:00,00 DATE PERMIT ISSUED ZONING DISTRICT TYPE OF OCCUPANCY TYPE OF CONSTRUCTION PLOT PLAN NOTE: Show easements, property line all other structures, specify north, name. For odd shaped lots, or if space too small, provide separate plot plan. # OF BUILDINGS NOW ON PARCEL W006 dimensions, and street is USE OF BUILDINGS NOW ON PARCEL FRONT PROPERTY LINE STREET NAME/ROAD NUMBER CHECK IF CORNER LOT _ DESCRIPTION OF WORK PLANN D 1 � COD Z S j� - L C. f'e.i I hereby acknowledge that I have read this application and the above is correct and I agree to comply with all county ordinances and state laws regulating building construction 4 SIGNATURE S.F. OF BUILDING S.F. OF LOT/7;114c, MAX. HEIGHT 2-4-r ROAD CLASS. SETBACKS FROM PROPERTY LINE: FRONT REAR RIGHT LEFT OFF STREET PARKING SPACES REQUIRED USE ONLY FLOOD HAZARD CERTIFIED BLDG ELEVATION SPECIAL CONDITIONS PROBLEMS WITH PERMIT ADDITIONAL INFORMATION NEEDED CERTIFIED BY COLORADO REGISTERED LAND SURVEYOR OR ENGINEER APPROVED r l APPROVED: IV • D NG DE'A'T •N'� / DAT . PLANNING DEPARTMENT DATE C."4" 4 7471 24 ?fie �y. '411r� .. . . t • -- - __._ _- .._.. Q tea_ y 'y 1 ��-- --;- 'tom - a l Mme'-"-. - r. • . . .-.� es.i�.u:r...:rt.r"�.p4 aav w..�-a-rF_...wS_i, C rx. . - : v!. .i. GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL June 7, 1993 Skip Ackerman P.O. Box 1162 Carbondale, CO 81623 RE: Building Permit No. 4667 - TEMPORARY CERTIFICATE OF OCCUPANCY Dear Mr. Ackerman: Garfield County uses the 1988 Uniform Building code and other associated codes as the basis of the County Building Code. Section 305(d) requires the following: "There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use". A final inspection can only be made and considered complete when the final grading and the structure has been inspected and is in compliance with the building code. At your request, a final inspection was made by this office. The following items are not completed: -Permanent roof not complete; -Metal over bitrithane may be 30 square feet; -Need one step off deck to dirt. These items need to be completed by 5:00 p.m., Monday, June 7, 1993. By this letter, we are finding that no substantial hazard will result from the occupancy of the building and will suffice as a temporary Cei T Tris l the final grading is completed, this office cannot complete the f D(7 ,� ,7- 7/-4,7:7_..c..0 ificate of Occupancy. If you have any questions about this letter Sincerely, Art Hougland Chief Building Official AH/sa 1098TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 46Z)42‘ic /k-eu 77.-4 e_ ill e t. (7- 1.4 .. • - .• _ • - • 71?? (pTi.) 0), 1,1 rme&-&-r-cia (vt 464 4-M24. c124,v)V— T1/$4V} 224&11 r 7,.> of#Vicit4 rz -"lie?) ,e_ery,epat 30' cerl-v,,,,t 2 3°0 _183 00 /a 3 I ,r • I INSPECTION WILL NOT BE MADE . UNLESS THIS CARD IS POSTED ON THE JOB. 24 HOURS NOTICE REQUIRED TOR INSPECTIONS BUILDING PERMIT ARFIELD COUNTY, COLORAD Date Issued - € _ jiined Arad %.i AGICEEIEIENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with ' all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulalions are not fully complied with in the zoning, Iocalion, erection and construction of the above described structure, the permit may then be revoked by notice from tl = z • ii Inspector . nd IM EDI -T ; LY BECAME NULL AND VOID, 6;7 Ilse Addressor Iegrrl Descri ).lion Owne • Setbacks P (40 Front Side (1:ikOrmaiN Side Rear •Thie Card Must Be Posted So It Ie Plainly Visible From the Street Until Final Inspection. INSPECTION RECORD Zoning Roof Covering Footing,7)/y3 J ..�.-- • Electric -Final (by STATE inspector) 41. -. 1 T Foundation. /� /f3 , { ASTB i9R Ei,UIL ER' S ','tCEi1SE 1 _ - ,._ Plumbing -Underground + -f % ' .I Cas Piping .SI. , -- 7. Heating Ventilation Framei kr,i• FM ? .11 n Plumbing -Rough ._c_.../....-••3 -cne,:.1 Insulation Drywall c5. --A9-7_7 Electric -Rough (by STATE inspector) ,j,1><1I-51;j . Final Z,.--,1 _. ?_3' <=.-k7--7, ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING — WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. ......,.....�.r THIS PERMIT IS NOT TRANSFERABLE Phone 945-8212 109 8th Street, County Courthouse, Glenwood Springs, Colo. APP+ROYED DO NOT DESTRO THIS CARD ' Date BY IE PLACED OUTSIDE - CO VER WIT; I CLEAR p,,aTIC' .4' • .-�w - - .;a...�.::,.-x;_y��c.a':::f:i~ •. •rt •:"�"'rte �,y,...� .. 1k: 2076 No change in the character of oecuponcy of a building shell he mode without n Certificate of Occupancy • (UBC Sec. 5011 CERTIFICATE OF OCCUPANCY BUILDING DEPARTMENT GARFIELD COUNTY, COLORADO Issued Without Fee June 18 I993 Permission is hereby granted to Skip agc1 Suoan Ackerman Building Permit No.4667 Zone DislrlctA[RLRn.._..-......... situated at 7201 County Road 100, Carbondale Lot _Bik __ Addit-on _ tor the following purpose Sinitla Unit (Stele Nature of Wo) Contractor_ Ackermnn Hancrefted log Romeo Issnnnce of a Certificate of Occupancy shall nnl be construed 00 an approval of the provisions of this code or of other ordinances of the Jurisdiction. Certificates gnawermg to live authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction sling not be valid. (UDC Sec :07(n)). B While Owner Green: Lanalog Agency Yellow: Building Deportment GARFI5FtD LDIN�O EPAATM T'�� Pink; Assdssdrr Gold' Contsarinr • :ti ,4 4 '• C� Q 4-• If.' li - .t i N. ,ii. -41, - , . __ ......- • • 0. 1 A 1 L} '7 q t Zid1,11 V. to •.� •• • ,I l • ..R -TM r. -t.. -•r•••,. - : -•o.-.- z, -..,--r a,•.-, v. . . I • GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit N 2064 109 8th Street Suite 803 Glenwood Springs, Colorado 81801 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Assessor's Parcel No. 2391-183»00-183 This does not constitute a building or use permit. Owner's Name Skip AckermanP.O.Address P.O. Bol[ 1318, Carbondale phone 963.0119 System Location 7201 County Road 100, Carbondale Legal Description of Assessor's Parcel No SYSTEM DE/SIGN Septic Tank Capacity (gallon) Other 35;)/// Percolation Rate (minutes/inch) Number of Bedrooms (or other) Required Absorption Area • See Attached Special Setback Requirements: %) Osie ///%//?c'j Inspector //1-i 2 FkNAL SYSTEM INSPECTION AND APPROVAL (as Installed) CaII for Inspection (24 hours notice) Before Covering Installation System Installer (r+ --Pn•s1 - L-A Septic Tank Capacity /, 6o n Septic Tank Manufacturer or Trade Name Septic Tank Acoese within 8" of surface Absorption Area 3 4:1.1 / n. ,l14r• Absorption Area Type and/or Manufacturer or Trade Name ,lo%z., Adequate compliance with County and State regulatione/requirements ~' '• Other Date A•-• ry• �� / inspectorr 6 RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE •CONDITIONS: 1. All Installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit Is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an Individual sewage disposal system In a manner which Involves a knowing and material variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense ($500.00 fine — 8 months In jail or both). Applicant: Green Copy Department: Pink Copy 1 1 1 1 a IINDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER J C C�d� 1�%d /U o001cc c� K1D' ADDRESS o) COL 4)' IC /01-). PHONE • /Gk:) iD/l y CONTRACTOR C ieorI i-34162-1cr ADDRESS 0,66)4 /3/R ClQlig5a,4)04 PHONE y(,3-0/iCt PERMIT REQUEST FOR: ( New Installation ( ) Alteration ( ) Repair Attach separate sheets r report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes. (See page 4.) LOCATION OF PROPOSED FACILITY: County &/2e1/:2 Near what City of Town A2i6p/1-{V)1,-CT Lot Size_22_14g21 _ Legal Description t 477 -) l 7 rtP i 5c514(/9 Jtyc( ?7 4-'6.=q-- Application '6.=q7 Application Approval by County Official: WASTES TYPE: (� Dwelling (l ) Commercial or Institutional ( ) Non-domestic Wastes ( ) Other - Describe BUILDING OR SERVICE TYPE: Number of bedrooms__k'U j22® Pst Number of persons a ()X) Garbage grinder (y1 Automatic washer (X) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: (')( ) well ( ) spring ( ) stream or creek Give depth of all wells within 180 feet of system: 9-6°17--} If supplied by community water, give name or supplier: GROUND CONDITIONS: Depth to bedrock: Depth to first Ground Water Table: ° Percent ground slope: l6 DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: A'O G-44-716-- Was 14J y1Was an effort made to connect to community system? TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (71 Septic Tank ( ) Vault Privy ( ) Pit Privy ( ) Chemical Toilet FINAL DISPOSAL BY: .(70) Absorption Trench, Bed or Pit ( ) Underground Dispersal ( ) Above Ground Dispersal ( ) Other - Describe: WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? )6/4) ( ) Transient Use ) Aeration Plant ) Composting Toilet ) Incineration Toilet ) Other - Describe:__ ( ) Vault ( ) Recycling, potable use ( ) Recycling, other use ( ) Evapotranspiration ( ) Sand Filter ( ) Wastewater Pond Page 2 1' .4 PLOT PLAN AND DESIGN FEATURES: Include by measured distance location of wells, springs, potable water supply lines, cisterns, buildings, property lines, subsoil drains, lake, water course, stream, dry gulch and show location of proposed system by direction and distance from dwelling or other fixed reference object, and additional submissions in support of this application such as data, plans, specifications, statements and commitments. Page 4 • �p$tCOL SOIL ATION TEST RESULTS: (To be completed by Registered Professional Engineer.) 1 Minutes per inch in hole No. 1 Minutes per inch in hole No. 3 Minutes per inch in hole No. 2 Minutes per inch in hole No._�,_, Name, address and telephone of RPE who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the pe0mitit.subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further under- stand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for per- jury as provided by law. Date PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY Signed)4;�—� Page 3 d 7:68 Sk�0 Ic/&r/)k#( �As 6 74// a or l !r ✓v1 3_6-d1 /A t t0, 9h11h is LC INT O • b 1116 Z W 4 CL Ili $ D 49 I- 0 Ohm z o 1.17111 z Z 2 p N 31015N o e.• ,,ft.et Y W• s'Ef.. 0 E zgag ..0 41=5.r M O S' U y g 0 'C C7 ~ 0 Z 0 0 •ri I-1 r-; • Family Dwelling Unit 0l Vu Cs] rl O m i C •4 o 0 0 CO C:? C'•V n Amount of Permit: . • 1 • • Rrcnyled nt Reception No _ is yo MAR 18 1992 �_ drlo k of QUIT CLAIM DEED THIS DEED, Made thi: hc1' cen ROBERT CHIMENTO dd1ifornia 'County of n3lailtfes granrar(s), and day of DONNA CHIi4ENTO SIMMPSON February 2 19 92, whose le al addiess is 3877 Ternez, Moorpark California 93021 of the County of and State of Recut der. BOOK 826 PAGE330 11AA 18199.. tate Doc. Fee California and Slate of C6PGP53rrZCgrantce(3§, WI I NESSE111, That the grantor(sXfor and in co Isidcration of the sunt of TEN DOLLARS ($10.00) and other good and valuable consideration eehL-NRS the receipt and sufficiency of which is hereby acknowledged, haS realised, released, sold, conveyed and QUIT CLAIMED, and by these presents do es remise. rclea'e, sell, convey and QUIT CLAIM unto the granlec(.7f her heirs, successors and assigns, forever, all the right, title, interest; claim and demand which the granlorM ha S in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and Slate of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein. also known by street and number as: TO IIAVE AND TO IIOLD the same, together with all and singular the appurtenances and privileges (hereunto belonging or in anywise drereunto appertaining, and all the estate, right, tills, interest and claim whatsoever, of the granlor(s), either in law or equity, to the only proper use, benefit and behoof of the grantce(s)k her heirs and assigns forever. • IN WITNESS WIIEREOE The grantorN) ha S executed this decd on the date set forth above. . CALIFORNIA S FATE OF QOUSIRKERIc County of f.-oS L106, a X9.5 'fllc foregoing instrument was acknowledged before me this by Robert Chimento My commission expires ZS I-2 424.14 �� occu•.IAI. NOTARY SEAL ./..07...... ' : �' �' ,:1. i�r'.FT'' M ST HENRI r1.4... ' =+•' Nman r"1.5110 — Catdorma a- -� LOS ANGELES COUNTY My Comm. Esylms MAR 25.1995 'If in Denver, insert "City and." 44 a_igi`_► BERT CHIME i ss. Jday of M A•2—CH ry 19`17.— • Witness my hand and official seal. ,1992 , J Naar f4hllc No. 933, Rev. 343. QUIT Ct.AIM nta;o nnJfenl IbNj.hln. 20123 W. 61h Me .1.4k.1.1. CO R0211— 0031 233 000 13 87 ,AD EXHIBIT A BIM 826 PACE331 A PARCEL OF LAND SITUA'T'ED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND SOUTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI4ENCING AT THIE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSIIIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE, THENCE N 01.57'27" E 1342.35 FEET TO A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. #J7972 IN PLACE; TIIENCE CONTINUING ALONG SAID FENCE LINE N 01.22'17" W 957.92 FEET TO " SIE 'T'RUE POINT OF BEGINNING, TIIENCE CONTINUING ALONG SAID FENCE LINE N 01.22'17" W 950.48 FEET • TO A REBAR AND CAP L.S. #7972 IN PLACE; TIIENCE CONTINUING ALONG SAID EXISTING FENCE LINE N 89.06'15" E 795.52 FEET; THENCE LEAVING SAID FENCE LINE S 01°17'18" E 962.00 FEET; THENCE S 89°56'08" W 794.31 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 17.4475 ACRES, MORE OR LESS. Together with and subject to the following access and utility easement: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTII, RANGE 87 WEST OF TIME SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COI4I4ENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; TIIENCE N 19°33'37" E 2440.97 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D--1", A REBAR AND CAP L.S. #19598 IN PLACE, THE TRUE POINT 01" BEGINNING; THENCE S 89656'08" W ALONG TFIE SOUTHERLY LINE OF SAID "PARCEL D-1", 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 01617'18" W 273.13 FEET; THENCE N 89'56'08" E 20.00 FEET TO A POINT ON TIIE EASTERLY LINE OF SAID "PARCEL D-1"; THENCE S 0117'19" E ALONG SAID EASTERLY LINE 273.13 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.125 ACRES, MORE OR LESS. Rccotdcd at Reception No. cloc MAR 18 1992` M, Recorder. QUIT CLAIM DEED TIIIS I.)EED, Made this between ROBERT CHIMENTO d . ifornia *County of ITANNIK, grantor(s), and day of DONNA CHIMENTO SIMPSON February 2T,1992, whose legal address is 3877 Ternez, Moorpark California 93021 and State of BOOK 826 p4E33O AR � 1%; 5taate Doc. Fee IS 5 tfp California of the County of and State of O1516diiilr4grantee(, WITNESSETH, That the grantor(sXfor and in co isidcration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration f3 the receipt and sufficiency of which is hereby acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by these presents (10 esremise. release, sell, convey and QUIT CLAIM unto the grantec(A, her heirs, successors and assigns, forever, all the right, title, interest claim and demand which the grantor) ha S in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein. also known by street and number as: TO IIAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title; interest and claim whatsoever, of the grantor(s), either in Iaw or equity, to the only proper use, benefit and lbehoof of the grantce(sX her heirs and assigns forever. IN WITNESS WTIEREOF, The grantorN) ha S executed this deed on the date set forth above. CALIFORNIA STATE OF 121CDRICI County of Aad, e- c -B5 The foregoing instrument was acknowledged before me this by Robert Chimento My commission expires OBERT CHIME �Up 1 ss. day of M A r2 G t -t Fy 2,57 1-4 Acre , 199U- . Witness my hand and official seal. ocFintAl. NOTARY SEAL "i s;x; ,.t.;C4'rw-rw M ST HENRI t F:;,�;:xL y e _ it Nor:u; uubltc —California I ‘,.,,142, ,r.�. �e LOS ANGELES COUNTY My Comm. Explres MAR 25,1995 4 *If in Deriver, insert "City and." ,1992, Notary Public .. o: s33.;ley; 345:: QU1T CT MM DE.E» nradrmd, ILhlivhtni(t 5825 W. 6th Ave.. t,akewtxid, CoA02I t — (303) 233-6900. EXHIBIT A BOOM; 826 PM3E331 A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY AND SOUTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. COMMENCING AT TIIE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE, BEING A GARFIELD COUNTY BRASS CAP IN PLACE, THENCE N 01'57'27" E 1342.35 FEET TO A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAR AND CAP L.S. /17972 IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE N 01.22'17" W 957.92 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID FENCE LINE N 01.22/17" W 950.48 FEET • TO A REBAR AND CAP L.S. x}7972 111 PLACE; THENCE CONTINUING ALONG SAID EXISTING FENCE LINE N 89.06'15" E 795.52 FEET; THENCE LEAVING SAID FENCE LINE S 01617'18" E 962.00 FEET; THENCE S 89.56'08" W 794.31 FEET TQ THE TRUE POIN`,i' OF BEGINNING, SAID PARCEL CONTAINING 17.4475 ACRES, MORE OR LESS. Together: with and subject to the following access and utility easement: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAIL) SECTION 18; THENCE N 19°33'37" E 2440.97 FEET TO THE SOUTHEAST CORNED OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REDAR AND CAP L.S. #19 598 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 89656'08" W ALONG THE SOUTHERLY LINE OF SAID "PARCEL D--1", 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 01617'18" W 273.13 FEET; THENCE N 89'56'08" E 20.00 FEET TO A POINT ON TIIE EASTERLY LINE OF SAID "PARCEL D-1"; THENCE S 01"17'19" E ALONG SAID .EASTERLY LINE 273.13 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.125 ACRES, MORE OR LESS. /7 ci z O 00 .,M crel CZ .M cu qo g 41. Ell tt •N ti 00 • 41. ��o4O,, ,\s The following items are required by Garfield County for a final inspection: 1. A final Electrical Inspection from the Colorado State Phxtncal Inspector, 2. Permanent address assigned by Garfield County Building Department posted where readily visible from access road; 3. A finished roof, a lockable house, complete exterior siding, exterior doors and windows installed, a complete kitchen with cabinets, a sunk with hot & cold running water, non-absorbent kitchen floor coverings, counter tops and finished walls, ready for stove and refrigerator, all necessary plumbing; 4. All bathrooms must be complete, with washbowl, tub or shower, toilet stool, hot and cold running water, non-absorbent floors and walls finished and a privacy door; 5. All steps outside or inside over three (3) steps must have handrails, guard rails on balconies or decks over 30" high constructed to all 113C and IRC requirements; 6. Outside grading done to where water will detour away from the building; 7 Exceptions to the outside steps, decks and grading may be made upon the demonstration of extenuating circumstances, i.e. weather, but a Certificate of Occupancy will not be issued until all the required items are completed and a final inspection made; 8. A final inspection sign off by the Garfield County Road & Bridge Dcpartnent for driveway installation, where applicable; as well as any final sign ofl'by the Fire District, and/or State Agencies where applicable. A CERTIFICATE oF OCCUPANCY WILL NOT BE ISSUED UNTIL ALL'11IE AI3OVF ITEMS HAVE BEEN COMPLI I'ED. •••*CANNOT OCCUPY OR USE DWELLING UNTIL A CERTIFICATE OF OCCUPANCY (C O.) IS ISSUED. OCCUPANCY OR USE OF DWELLING WITILOUT A C.O. WILL I3E CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a Cctc o Occupai cy for the dwelling under building permit H 1 r1t') Signature Date 13pappl icat ionfeb200G 100/3 o), GARFIELD COUNTY BUILDING PERMIT APPLICATION 108 B" Street, 8dte 401, Glenwood Springs, CO 81601 Phone: 970.948.8212 / Fez 970884.8470 / inspection Line: 970.384.5003 Permit No: /60 /3 Job Address: I Lot No:Blockjlo: sus. / Exempt 11' p .. t^/ 1`'I _ _� �A►i 1 841 14-S 4) Sec C7• I 7 1 e� 0 1 VK Qwn. - KNy - - ddress 100 Volt- l4'7lvr� Ph: 63 .) Wk Ph• i(�G 2+ �S'tA ro �. •75 •� 11§«ikt= ) Q nl a Contractor: - Address; Y� �•/ -/�{� �r� ph• 1.,t(0-5 Lic. N n (, y s t�- �t �v3 1' { 9 "A,�rchitectt]nglneer:,_ _ A I:dress: Ph: Lic N Y�flLILlrvq:�n�.� iL��!. t.74•,.Cpl..� (CJ x{'ta^`f�'7 7 .' Sq. P 1. or Iluddingl Sq. F41.41 t{.A�of hot: 49r (Mg mC{ S )c f . L9 .A't15 . t- ae of DUilding:.`) f Describe Work: S //a 3 L. Fd Mat Class of Work: Parcel/Schcduula No: 2.5( 113300(32 crA (cN e (Sure_ yibd-S Garage. n yl44ie 1 .-.,j- �d�.veD 82.4 l ouble Driveway Permit l�On-Bile Scwa GGA r J�Q� CM.N12.. Y.�4c1, vA)._QaL•r kt.32.11t Valuation of Work: $ 6 rp ew _ - _ 1 _ Alteration 11 ighl: 1No. 4f Floors g 2 u _ 12 Special Conditions! Carport: al — Site Ilan lY H o m O Single Doubly Adjusted Valuations: w V 14ahbif•Z 4!05 'emit e: 232K91 4 NOW f: Plan Check Pee: A SEPARATE ELECTRICAL PERMIT 1S REQUIRED AND MUST 8E ISSUED DY T11E STATE, OF COLORADO. /57' TINS 1 ERM R BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITIILN 180 DAYS. ORM, CONSTRUCTION OR WORK IS SUSPENDED OK ABANDONED FOR A PERIOD OF 180 OATS AT ANY TIME AFTER WORK 1S COMMENCED. 111EREBY CERTIFY TIIAT I HAVE KEAI) AND EXAMINED TMS APPLICATION AND KNOW THE SAME TO BE TRUK AND CORRECT. ALL PROVISIONS OP TAWS GOVERNING THIS TYPE OF' WORK WILL BE COMPLETED WITHIN WETHER SPECIFIED HEREIN OK NOT. THE (0 NTING OF A PERM) DOES NOT PRESUME TO GIVE AUTHORITY TO • YE IK C CEL i PRO SIONS OF ANY 0111 RSTQ7E OR LOC LA t ECU TN ' CANS • ICTON OR THE I' RFOIfMANCE Thl Vey 1'6 Z y t t� I'LNG. DEFT. APPROVAL./ DAM oC� jt� a lr Zoning: Da^ted Pennit Issued: 1 My rs C0I18t. TYPO: Manu. Home: "717/U(o Setbacks: ISDS No, & Nee: 9 -zz.. y „ 71.31 AGREEMENT PERMISSION IS 118 KEDY GRANTED TO THE APPLICANT AS OWNER, CONTRACTOR AND/OR THE AGENT OF THE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUCTURE AS DETAILED ON PLANS AND SPECIFICATIONS SUBMITTED TO AND REVIEWED BY TIRE BUILDING DEPARTMENT. IN CONSIDERATION OF THE ISSSUANCK OF 71115 PERMIT, THE SIGNER. IIEREBYAGREES TO COMPLY WII ALL BUILDING CODES AND LAND USE RF.GUTATIONS ADOPTED BY GARF18.I.D COUNTY PURSUANT TO AUTHORITY GIVEN IN '40 28201 CRS AS AMENDED TIE SIGNER FURTHER AGREES TIIAT IF THE ABOVE SAID ORDINANCES ARE NOT FULLY COMPILED WIT 1 IN 711E LCOATION, P,KEC'ON, CONSTRUCTION, AND USP. OF 711E ABOVE DESCRIBED STRUCTURE, THE PERMIT MAY BE REVOKED BY NOTICE, FROM VIE COUNTY AND 'IAT TARN AND 'IEEE IT SHALL BECOME NULL AND VOID. THE ISSUANCE OFA PERMT BASED UPON PLANS, SPECIFICATIONS AND 07111R DATA SHALL NOT 1'KE.VENT TIE BUILDING OFFICIAL FROM THEREAFTER REQUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS AND O711ER DATA OK FROM PREVENTING BUILDING OPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OFTIIS CODE OR ANY OTHER ORDINANCE OR RFCUI ION OF THIS JURISDICTION. THE. REVIEW OF SUBMITTED PANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER fj F.S OT CONSTITUTE AN ACCEPTANCE OF ANY RESPONSIBILITIES OK LIABLITISS BY GAR1181.)) COUNTY FOR ERRORS, OMISSIONS OR DISCRNPE NCIH . TH RESPON SI IIII.ITY FOR 71111SE ITEMS AND IMPLEMENTATION DURING CONSTRUCTION RESTS SPECIFICIALLY WITH TIIE ARTICTECT, DESM1 ER, B Ll ER, AND OWNER COMMENTS ARE INTENDED TO BE CONSERVATIVE AND IN SUPPORT OF 7II6 OWNERS I.NTERRST 1 HEREBY ACKNOWLEDGE, TIIAT 1 HAVE READ AND UNDERSTAND THE AGREEMENT ABOVE (INITIAL)- .f il/650. ou VALUATION/FEE DETERMINATION Applicant ;'..,.,? �K� 60 (C/om Subdivision ,v (() Address , t(Y) Lot/Block art., Date 7 /7. Ofr, Contractor 0 u ,V Finished (Livable Area): Main Upper Lower Other Total Square Feet 3.169 4 ---- Valuation Basement: Unfinished (15 Y 4/ Conversion of Unfinished to Finished Plan Check Fee for Conversion Valuation Garage: Crawl Space: Valuation Valuation Decks/Patios: Covered Valuation Open Valuation Total Valuation (e!, 795, ci9 3 3Y7 657,97 ILF-4_0644ti- rh,JdS( E VALUATION/FEE DETERMINATION Applicant /4.4 6o rdm Address .K, inn Date 7- /7 Subdivision ic! (,9.. Lot/Block . Contractor 003,1.2.371 Finished (Livable Area): Main6 Upper 2'(P f Y 74i /I Lower /oz7 Y 7�1b`S� C%0 x7760 Other f Total Square Feet 3..W/ ,. 4 7.:51/s.7h F Valuation Basement: Unfinished 11} 95 ' 4/ Conversion of Unfinished to Finished Plan Check Fee for Conversion Valuation Garage: Crawl Space: Valuation Valuation Decks/Patios: Covered Valuation Open Valuation A w ;?l+ Pr Total Valuation ma. Dc -i9 Rcs '714O, 4'3:3, z0 (� 1, ;795". e) /o' 34, 4), 8 oo q9 3 I 99 3 77 657, 97 23,E )O zo - `3838.01 - 3321, 37 D.aO 5'1,4-41 DLL 0th Ree -r0 rREt t ) 4CQ�7. 44 ii Ft1-P'ck.rz autocie GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS For SINGLE FAMILY DWELLING CONSTRUCTION Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Applicants are required to indicate appropriately and to submit the completed checklist at time of application for a permit. Plans to be included for a Building Permit, must be on drafting paper at least 18"x24" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with 1 decks, balcony, steps, hand rails and guard rails, windows and doors, including the finish grade line and original grade. A section showing in detail, from the bottom of the footing to the top of the roof, including re -bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house -rap, (which is required), siding or any approved building material. Engineered foundations may be required. A window schedule. A door schedule. A floor framing plan, a roof framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. wind speed, wind exposure B or C, and a 36 inch frost depth. All sheets to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IRC. I. Is a site plan included that identifies the location of the proposed structure or addition and distances to the property lines from each comer of the proposed structure(s) prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Properties with slopes of 30% or greater must be shown on the site plan. (NOTE Section: 106.2) Any site plan for the placement of any portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyor's signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the envelope, 1 Yeskgrdu Led- g. 2lL t tl c..i5Aow pros. l im is rZ� ` trot P -e -q4 Pe- 611 2. Does the site plan also include any other buildings on the property, setback easements and utility easements? Please refer to Section 5.05.03 in the Garfield County Zoning Resolution if the property you are applying for a building permit on is located on a comer lot. Special setbacks do apply. Yes t" 3. Does the site plan include when applicable the location of the I.S.D.S. (Individual Sewage Disposal System) and the distances to the property lines, wells (on subject property and adjacent progerties), streams or water courses? Yes 2 4. Does the site plan indicate the location and direction of the County or private road accessing the property? Yes ✓ 5. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the IRC or per stamped engineered design? Yes ✓ 6. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes ✓ 7. Do the plans indicate the size and location of ventilation openings for the attic, roof joist spaces Yes �d soffits?/ %apet.5' t-7 Q t �e LA -5 8. Do the plans include design loads as required by Garfield County for roof snow loads, (a minimum of 40 pounds per square foot up to & including 7,000 feet above sea level), floor loads and wind loads? Yes ✓ 9. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes ✓ 10. Does the building section drawing include size and spacing of floor j oists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes 11. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Yes ✓ 12. Does the elevation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof? (Building height measurement usually not to exceed 25 feet) Yes 13. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase I1 certifications or phase II EPA certification? Yes No 3 14. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with t IRC? Yes No 15. Does the plan include a window schedule or other verification that egress/rescue windows from sleepin oms and/or basements comply with the requirements of the IRC? Yes No 16. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes ✓ No 17. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? Yes ✓ No 18. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes ✓ No 19. Do you understand that if you are building on a parcel of land created by the exemption process or the subdivision process, are building plans in compliance with all plat notes and/or coven tts? Yes VV No 20. Do you understand that if you belong to a homeowners association, it is your responsibility to obtain written permission from the association, if required by that association, prior to submitting an application for a building permit? The building permit application will not be accepte without it. Yes No 21. Will this beAhe oft, residential structure on the parcel? Yes k4 s me.. No If no -Explain: -C l 22. Have two (2) complete sets of construction drawings been submitted with the application? genu 1.b�f L�, Yes ✓ Ur 23. Do you understand that the minimum dimension a home can be on a lot is 20ft.wide and 20ft. long? Yes ✓ No 24. Have you designed or had this plan designed while considering building and other construction ode requirements? Yes lNo 25. Do your plans comply with all zoning rules and regulations in the County related to your properties zone district? Yes Il— No 26. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by th Garfield County Building Department? Yes No 27. Do you understand that approval for design and/or construction changes are required prior to the application of these changes? Yes ✓ No 28. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application submittal and that you will be required to pay the "Permit Fee" as well as any "Road Impact" or "Septic System" fees required, at the time you pick up your building permit? Yes (/ No 29. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made from 7:30 a.m. to 3:30 p.m. Monday through Friday. Inspections are to be calledin to 84-5003. Yes No 30. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $50.00 re -inspection fee? Yes t/ No 31. Are you aware that you are required to call for all inspections required under the IRC including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of a building? Yes No 32. Are you aware that the Permit Application must be signed by the Owner or a written authority being given for an Agent and that the party responsible for the project must comply with the IRC? Yes i �^ No 5 Are you aware that prior to submittal of a building permit application you are required to show proof of a driveway access permit or obtain a statement from the Garfield County Road & Bridge Department stating one is not necessary? You can contact the Road & Bridge Department at 625-8601. Yes K No 34. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups, unless you as the homeowner are performing the work? The license number of the person performing the work will be required at time Applicable inspection. Yes % No 35. Are you aware, that on the front of the Building Permit Application you will need to fill in the Parcel/Schedule Number for the lot you are applying for this permit on prior to submittal of a building permit application? Your attention in this is appreciated. Yes L- No 36. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes t, No (please check with the building department about this requirement) 37. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading permit? Yes t/ 1 hereby acknowledge that 1 have read, understand and answered these questions to the st of i ab lity. 'mature of Owner Date Phone: (530" 833/(days); (evenings) 51Z — l�� l� g9 D j Project Name: 7 .�, , . �FQNS (cLa") ct' Project Address: I c�O Notes: If you have answered "No" on any of the questions, you may be required to provide this information at the request of the Building Official prior to beginning the plan review process. Delays in issuing the permit are to be expected Work may not proceed without the issuance of a permit. Int is determined by the Building Official that additional information is necessary to review the application and plans to determine minimum compliance with the adopted codes, the application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first 6 position for review, delay in issuance of the permit or delay in proceeding with construction. BpminreqFeb2005 7 PLAN REVIEW CHECKLIST Applicant Date 7 ` /7 CO Building /Engineered Engineered Foundation it PiDriveway Permit II ► Sop/eyed' Site Plan > 0 ptic Permit and Setbacks Grade/Topography 30% Attach Residential Plan Review List iinimum Application Questionnaire (60Subdivision Plat Notes Ate Fire Department Review Valuation Determination/Fees ,/Red Line Plans/Stamps/Sticker Attach Conditions `Application Signed `"Plan Reviewer To Sign Application `Parcel/Schedule No. 14 40# Snowload Letter- Manf. Hms. (t'•A. Soils Report GENERAL NOTES: Planning/Zoning Property Lin • etbacks 30ft Stre, Setbacks Flood 'lain But i ing Height Z. ing Sign -off oad Impact Fees HOA/DRC Approval Grade/Topography 40% Planning Issues Subdivision Plat Notes R.OFESSIONAL ENGINEERING, LLC Decer 2S 2006 Garfield County Building Department 108 8th Street, Suite 401 Glenwood Springs. CO 81601 RE: ADDRESS: Parcel D1, Rimledge Ranch Garfield County, CO 81623 PERMIT #: 10013 ENGINEER'S FOUNDATION COMPLIANCE Please be advised that our office has reviewed the design documents and drawings, photographs and material invoices for the following construction Items as noted. ❑ Footing Inspection • Foundation Wall Reinforcing O Waterproofing and Foundation Drains O Other It is our professional opinion that the above items have been constructed in general conformance the construction documents and the 2003 International Residential Code. Should you have any further questions regarding this matter, Please feel free to contact our office Sincerely, ,de A),44 Kevin A. Wasli, P.E. Purrington Professional Engineering, LLC ✓(/ l qtr) rte. ?7084 DEC 2 6 2006 /d (0 (0 W 2 E9 6m g Y7r,:S,Jt 9r� een; CO $o 4 9 0310.07,4.727Z 303674- X919 www.purrpro.com 20 Sunset Drive, Suite 1A Basalt. CO 81621 970-927.0773 P URRINGLTON PROFESSIONAL ENGINEERING, L L C Re: The Denton Residence Parcel 01 Rimledge Ranch Garfield County, CO 81623 Affidavit r flattest to the fact that all of the steel reinforcing called for on the origina documents for the foundation wall at the above referenced address was in place and of proper grade and size at the time of concrete placement. And that the placement met adequate lap splice requirements, as well as proper clear cover per code. Furthermore, I accept all responsibility and agree to hold Purrington Professional Engineering harmless should this foundation not perform as expected. Date:2 : 07/14/06 16:49 FAX 5122835397 Order Number: 01001012 GORDON DENTON EXHIBIT A LEGAL DESCRIPTION 1103 A PARCEL OF LAND SITUATED IN LOTS 4 AND 7 OF•SECTION 18, TOWNSHIP 7 8007'X, RANGE 87 WEST OF OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF. GARFIELD, STATE OF COLORADO, LYING EASTERLY AND SOUTHERLY OF A FENCE LINE AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE, MEGA GARFIELD COUNTY BRASS CAP IN PLACE, THENCE N 01°57'27" B 1342.35 FRET TO A POINT IN SAID EXISTING FENCE LINE, ALSO BEING A REBAtt AND CAP L.S. #7972 IN PLACE; - THENCE CONTINUING ALONG SAID FENCE LINE N 01°22'17" W 957.92 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID FENCE LINE N 01°22'17" W 950.48 FEET TO A R$9Al2 AND CAP L.S. #7972 IN PLACE; THENCE CONTINUING ALONG SAID EXISTING FENCE LINE N 89°06.15" E 795.52 FEET/ THENCE LEAVING SAID FENCE LINE S 01017'18" S 962.00 FEET/ THENCE S 89056108" W 794.13 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO THE FOLLOWING ACCESS AND UTILITY EASEMENT: A PARCEL OF LAND SITUATED IN LOTS 4 AND 7, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STUB OF COLORADO, SAID PARCEL BEING MORS PARTICULARLY DESCRIBED AS FOLLOWS: COMNBNCING AT THE SOUTHWEST CORNER OF SAID SECTION 18/ THENCE N 19°33'37" S 2440.97 FEST TO THE SOUTHEAST CORNER OF A PARCEL OF LAND REFERRED TO AS "PARCEL D-1", A REBAR AND CAP L.S. #19598 IN PLACE, TRE TRUE POINT OF BEGINNING; THENCE S 89.56'08" W ALONG'THE SOUTHERLY LINE OF SAID "PARCEL D-1", 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 01°17'18" W 273.13 FEST1 THENCE N 89056108" E 20.00 FEET TO A POINT ON THS EASTERLY LION OF SAID --- "'"" - "PARCEL D-1' THENCE S 01°17'19" E ALONG SAID EASTERLY LINE 273.13 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD ' STATS OF COLORADO 111111111111111111 111 11111111 112 11111111111111111111111 589004 10/03/2001 11:41A B1291 P243 M ALSDORF 2 of 3 R 15.00 0 27,50 GARFIELD COUNTY CO 07/14/08 18:49 FAX 5122835397 GORDON DENTON 1111111111111111111111111111111111111111111111111111111 589504 10/03/2001 11.41A 81201 P042 M ALSDORF 1 of 3 R 15.00 D 27.50 OARFIELD COUNTY CO O O O ?Ate 2r° WARRANTY DEED THIS DEED, Made this l irl.Zday of dey1Cifi 4 2G&4 . between MYRON ROSCIRO, AS TRUSTEE OF TRE MYRON ROSCHRO PROFESSIONAL LAW CORPORATION PENSION AND PROFIT SHARING PLAN of the saM County of 1-o$ VA 'LS and State of CALIFORNIA , grantor, and RAY J. DENTON AND ROBERT GORDON DENTON whose legal address Is 2100 ISLAND WOOD ROAD AUSTIN, TX 78733 of the said Courcy of "rev ; 5 and State of TEXAS ,grandee: DOC FEE $27,50 WITNESS, that the grantor, for and in eoosiderauon of the sum of Ten dollere and other good and valuable cone ideration DOLLARS, the receipt and sufficiency of which is hereby aelmowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and cow, tame the yentas. their bean and assigns forever, not in tenancy In common but in Joint tenancy, all the real property, together with hmprovemaod, if any, tenure, lying end being in the said County of GARFIELD and Slate of Colorado described u folowa: SBS EXEIBT °An also known by street and number as COUNTY ROAD 100, CARBONDALE, CO 81623 TOGETHER with all and singular the herediumenu and appuneoances thereto belonging, or in anywise appenainmg. and the reversion and reversions. remainder and remainders, rents. issues and profits thereof. and all the estate. right. tltfe, interest, claim and demand what- soever of the gamer, either In law or equity, or, in and to the above bargained premises, with the hereditament& and appuneoancea. TO HAVE AND TO HOLD the said premises above bargained and described, with the appuneaances, unto the grantee, Lib heirs and auigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his Nein and assigns, that at the time of the smelling and delivery of these presents. he Is well reared of the premises above conveyed. has good, fare, perfect, absolute and Indefeasible estate of inheritance, In law, la fee simple, and has good right, full power end lawful authority to grant, bargain, sell and convey the same in manner and font as aforesaid, and that the lame are free and clear from all former and other grans, bargains, sales. liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature saver, except those specific Exceptions shown on the attached as 'EXHIBIT 1n . The gmrtor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable poueealon of the grannie, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. The dsgulat number shall include the plural, the plural the singular, and the use of any gender shall be applkable to all genders. IN r - S WHEREOF, the grantor has executed that deed on the date set forth above. GIVAL*-14,4v! MYRON R*B 4• A8 TRUSTEE 0r THE MYRON RO$ HXO PROP SB NAL LAN C0!:711:041, /4 ) PENSION AND PROFIT SEARING PLAN Suteof CALIFORNIA ) t ) ss. Couney of 1.05 4NIVIIA n) The foregoing instrument was acknowledged before me this 2.140-41kday of WIrfennfieet by MYRON R08CHX0 A6 TRUSTS/1 OP THE MYRON ROSCHXO PROFBBSIO CORPORATION PENSION AND PROFIT SHARING PLAN My commission expire di../ /LOOS. official seal. Pair No. Mon 11Wnut Meer Otrawsee ailrtsic, Inc. Na. eau WARAANII 0000 fro roar TI,non) lensieenraNT es.. RIO =setarsv'�rf — EDWIN 9. 31EGH. Colonially) 0111t23M4 Xay Public - Caltonto 140 MOWN County ary k 43P' RETURN TO: KAY DENTON 2100 ISLAND WOOD RD AUSTIN, TX 78733 Job Address ! 2da f - /1:2)C Owner Assessor's Parcel N o 11 r 1$3" '- I t a, Date 7- a4' a6 IN PERMIT CARO • 10 ,A Contractor Address S packs: Fro yt (4r RH LH So s Test footing /07,3/-06_Psor, oundation 970-C- Su, t- 4)41r40 12-1)- G Grout Underground Plumbing /2 -e-COP220.0% Rough Plumbing 3 .23-r9?0W Framing S -fti-ozoorA. Insulation .r •3di O7,'''11 Roofing Drywall 6•O7 Gas Piping �^ 6-G7, O-- d..M,, NOTES ilk • • s - T-kaINSPECTIONS EXTERIOR Address No. Drainage Dela-support & clears Decks -stairs & rails Exterior locks Flashing around doors & w Inaect screens �ia- Pcch��one 63 7cr PFoeI#! 'O- %wig Zoning H 941Isits163 VA- 963-7q gl Weatherproofing Mechanical Electrical Rough (State) Electrical Final (State) Final #-„r-OZ /Checklist Com Y^3-c�T G Certificate Occup: nc # Ieted? ✓ Date r5- Septic System # Date Final Other 001;4 AS 12 I-30- 7 (continue on back) -- INTERIOR GARAGE Fire wall separation Service doors -1%" min. Door (20 min.) w/auto do er-11e" In. Mech. equip. 18" above 110, No opening Into sleeping area BASEMENT -CRAWL AREA Access insulation Headroom/Stairs Ventilation FINAL CHECKLIST MECHANICAL ROOM Boller Hot water FA. gas/08 Floor drain Clearance Air con. system Hot water heater Combustion air Gas piping, valves LPG Drain FIREPLACE/STOVE Clearance to co ' ustible Termination d ch ne Combustion air Hearth (12" or 20" on sides) Glass doors Certified by' REMARKS STAIRWAYS • Headroom (8'8") Railing 8 guardrail Width Riae & run KITCHEN Clearance above grill Exhaust fan Broiler exhaust (1 hr. chase) BEDROOMS Egress Smoke detector BATHROOMS Exhaust fan Shatterproof glass OTHER i INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB 24 HOURS NOTICE REQUIRED FOR INSPECTIONS BUILDING PERMIT GARFIELD COUNTY, COLORADO Date lssued7RiA V....ak..Zoned Area Permit N.16:10t5 AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspector and IMMEDIATELY BECOME NULL AND VOID. Use iPella Lam, . Add or Lega Desc Setbacks Front Side S(de Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Footing ,i,-- a; _c... �2r,,1 I Driveway Foundation. e'. A/i - -1 may.. Underground Plumbing a,.ly„6.6.0„ -. . Insulation 3—_3).. 070/0a, Rough Plumbing 3 -.22..,,70,40A Drywall i . ttr.° Chimney & Vent G 67 Electric Final (by State Inspector) /p.rei Gas Piping 3 /6-n7 ,ma___ Final s/-5-67 *r,,��jj)e1./rr6 Electric Rough (By State Inspectore=4 Septic Final (7_//-07 Framing 3.-::/00700fa. (To include Room plattalid Windows and Doors installed). _ Notes .4.,3 .I. -4 • i-30-o7mract Vk o.&,c,-, r.4.seir d- 1.. ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. Parcel Detail Page I of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & RccorLer Reception Search Basic Building Characteristics 1 Tax.Information Parcel Detail 1 Value Detail 1 Sales Detail I Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R111825 Parcel Number 239118300182 Mill Levy 63.377 Owner Name and Mailing Address DENTON, KAY J & ROBERT GORDON PO BOX 8755 HORSESHOE BAY, TX 78657 Legal Description SECT,TWN,RNG:18-7-87 DESC: TR IN LOTS 4 & 7 PRE:R011073 BK:1291 PG:945 RECPT:589505 BK:129I PG:942 RECPT:589504 BK:0900 PG:0630 BK:0826 PG:0330 BK:0821 PG:0621 BK:0828 PG:0871 BK:0828 PG:0869 BK:0821 PG:0627 BK:0821 PG:0623 Location Physical Address: CARBONDALE Subdivision: Land Acres: 17.5 Land Sq Ft: ,0 Section Township Range 18 7 87 httn•//www oarrnart rnm/acceccnr/narrPl acrOParrelNnmhPr_9191 1 R'1001 Ri 7n4//6n6 Parcel Detail Page 2 of 3 Property Tax Valuation Information Sale Date: Sale Price: 9/26/2001 275,000 Basic Building Characteristics Number of Residential Actual Value Assessed Value Land: 305,000 88,450 Improvements: 0 0 Total: 305,000 88,450 Sale Date: Sale Price: 9/26/2001 275,000 Basic Building Characteristics Number of Residential Transaction Type Buildings: 0 Number of Comm/Ind ($2,802.85) Buildings: 0 No Building Records Found Tax Information Tax Year Transaction Type Amount 2005 Tax Payment: Second Half ($2,802.85) 2005 Tax Payment: First Half ($2,802.85) 2005 Tax Amount $5,605.70 2004 Tax Payment: Second Half ($2,695.11) 2004 Tax Payment: First Half ($2,695.11) 2004 Tax Amount $5,390.22 2003 Tax Payment: Second Half ($2,265.82) 2003 Tax Payment: First Half ($2,265.82) 2003 Tax Amount $4,531.64 2002 Tax Payment: Whole ($4,434.48) 2002 Tax Amount $4,434.48 2001 Tax Payment: Whole ($4,459.06) 2001 Tax Amount $4,459.06 2000 Tax Payment: Second Half ($2,328.88) 2000 Tax Payment: First Half ($2,328.88) 2000 Tax Amount $4,657.76 1999 Tax Payment: Second Half ($2,297.24) f httn•//www oarmart rnm/acceccnr/narr.el.acn?ParrelNnmher-7 91 1 R' 001 R7 7/7.4/98()6 Certificate of Occupancy op z cot 4, C. Building Permit No: 10013 0 Oh 0. iti U) Address: P.O.B Denton. Robert & Kav Owner of Building: • r 0�0 tl Let itt N O Date of final Inspection: GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 108 Eighth Street, Suite 201 Glenwood Springs, Coloradof 81601 Phone (970) 945.8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Name ` `•' P' Y r\i p l I Present Address System Location R 7 0' C -2 Cc (` IALA r. (� Legal Description of Assessor's Parcel No SYSTEM DESIGN g kg- tcxD13 Permit Assessor's Parcel No. This does not constitute a building or use permit. 16-1 4342. r -f:. fl •••• Phone 5 la-' •� (�3--?95; Septic Tank Capacity (gallon) A'� Other Percolation Rate (minutes/inch) Number of Bedrooms (or other) Ce . o Cia-xtptele Attached / 3/-' ---111"""z G' /C'/ iir-4er.<l.-'�, .�x .- ?� C%.sZ .•� cl/�<. %�l.e - ( /7' l '/ /Gtr ' .fir' 0x-2 let .vsn /J %a/ ? .11a x : STATE ELECTRICAL BOARD INSPECTION REPORT / CORRECTION NOTICE Date Rec. /`� 0 PERMIT # lq 530 Contractor/Home Owner: 0 _T ( (- Address: 72'D / 0-) TYPE OF INSPECTION: • Partial Rough in Underground Final ACTION: Accepted Rejected Remarks REINSPECTION FEE Comments or Corrections: [- Inspector's Name Phone # Dates 1//s ' 7 FORMS: EBINSP NOTICE.DOC Garfield County Land Explorer Garfield County Garfield County, Colorado 239118300039%.,...... HaWk' Ridge 239313401004 239313401012 239313401014 Garfield County Land Explorer Printed by Web User 1 inch = 752 feet 1 inch = 0.14 miles 0.1 0.2 0.4 Miles N Garfield County Garfield County Colorado www.gartield-county.com Colorado ll 1.l.J i Disclaimer This is a completion of records as they appear In the Garfield County Offices affecting the area shown. This drawing is la be used only Inc reference purposes and the County b not responsible for any inarcurades herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 1/23/2018 at 2:57:41 PM Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239107400951 239118300040 239118300041 239118300182 239118300183 239313400392 Not available CARBONDALE Not available CARBONDALE 7205 100 COUNTY RD CARBONDALE 7202 100 COUNTY RD CARBONDALE 7201 100 COUNTY RD CARBONDALE 1900 103 COUNTY RD CARBONDALE BUREAU OF LAND MANAGEMENT RAFFERTY, TIMOTHY M JR JOSEPH, PAMELA BETTS, FRANCES CRAWFORD RGKMBK FAMILY LLC BARRETTA LLC R050260 2300 RIVER FRONTAGE ROAD SILT, CO 81652 R011368 365 RABBIT ROAD CARBONDALE, CO 81623 R011369 407 ASPEN OAK DRIVE ASPEN, CO 81611 R111825 7202 COUNTY ROAD 100 CARBONDALE, CO 81623 R111826 7436 RICHARDS DRIVE BATON ROUGE, LA 70809 R112093 8000 WALTON PARKWAY SUITE 100 NEW ALBANY, OH 43054 Garfield County Land Explorer Garfield County Garfield County, Colorado ;I gip 1r Garfield County Land Explorer Printed by Web User Ie f l ta. te. f 1. to f M I:11 1 inch = 752 feet 1 inch = 0.14 miles Garfield County Garfield County Colorado www.garfield•county.com Colorado Disclaimer This Is a consolation of retards as they appear in the Garfield County Offices affecting the area shown. This drawing Is to be used only la reference purposes and the County b not responsible far any inarcvades herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 1/23/2018 at 2:52:27 PM Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239107400951 239118200152 239118300040 239118300041 239118300182 239118300183 239313400392 Not available CARBONDALE 4020 103 COUNTY RD CARBONDALE Not available CARBONDALE 7205 100 COUNTY RD CARBONDALE 7202 100 COUNTY RD CARBONDALE 7201 100 COUNTY RD CARBONDALE 1900 103 COUNTY RD CARBONDALE BUREAU OF LAND MANAGEMENT CHAIR VISTA LLC RAFFERTY, TIMOTHY M JR JOSEPH, PAMELA BETTS, FRANCES CRAWFORD RGKMBK FAMILY LLC BARRETTA LLC R050260 R111579 R011368 R011369 R111825 R111826 R112093 2300 RIVER FRONTAGE ROAD SILT, CO 81652 132 MIDLAND AVENUE SUITE 4 BASALT, CO 81621 365 RABBIT ROAD CARBONDALE, CO 81623 407 ASPEN OAK DRIVE ASPEN, CO 81611 7202 COUNTY ROAD 100 CARBONDALE, CO 81623 7436 RICHARDS DRIVE BATON ROUGE, LA 70809 8000 WALTON PARKWAY SUITE 100 NEW ALBANY, OH 43054 • BALCOMB GREEN WATER LAW 1 REAL ESTATE 1 LITIGATION 1 BUSINESS ESTI 1953 Chad J. Lee, Esq.* Telephone (970) 945-6546 clee@balcombgreen.com *Licensed m CO, WY, and the U.S. Patent and Trademark Office October 29, 2018 Mr. Glenn Hartmann, Principal Planner Garfield County Community Development Department 108 8th St. #401 Glenwood Springs, CO 81601 Re: Application for Basic Correction Exemption — RGKMBKFamily LLC / Frances C Betts Dear Glenn: We are writing this letter to you in accordance to the Pre -Application Conference Summary under Section IV.1.f. The Garfield County Land Use and Development Code require an Applicant to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-101 "as such owners can be identified through records in the office of the Clerk and Recorder or Assessor, or through other means." GCLUDC 4-101(E)(4). Section 24-65.5-101 requires that an applicant notify a mineral estate owner who either (1) is identified as such by the county tax assessor's records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do not identify any mineral estate owners, including their addresses of record, "the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations...." On October 29th we conducted the following tasks: 1. We researched the Garfield County Clerk and Recorder's index of mineral owner requests for notification per C.R.S. § 24-65.5-101 and confirmed that no mineral owner for the subject property has filed a request for notification; and 2. We spoke with Casey at the Garfield County Assessor's office and he said there are no active mineral owners for the subject properties. We have satisfied our obligations to search mineral owners under Colorado Statute and the Garfield County Code. Please do not hesitate to contact me with further questions. Sincerely, BALCOMB & GREEN, P.C. By: �l Chad J. ee ASPEN I BASALT 1 GLENW00D SPRINGS I LAMAR Post Office Box 790 ' Glenwood Spnngs, Colorado 81602 800.836.5928 ! 970.945.6546 1 BalcombGreen.com FRANCES C. BETTS 7202 COUNTY ROAD 100 CARBONDALE, CO 81623 (818) 386-6300 November 5, 2018 Garfield County Community Development Department 108 8t Street, Suite 401 Glenwood Springs, CO 81601 Re: Basic Correction Exemption Application—RGKMBK Family, LL. C. /Frances C. Betts Dear Madam or Sir: I am the owner of a parcel of real property which is the subject of the Application for a Basic Correction Exemption. I hereby authorize Chad J. Lee, and the firm of Balcomb & Green, P.C. to act in all respects as the authorized representative for myself to submit and prosecute the above - referenced application. Very truly yours, \i1/1 es C. Betts Nov 0618 09:32p p.4 RGKMBK FAMILY, L.L.C. C/O ROY G. KADAIR 7436 RICHARDS DRIVE BATON ROUGE, LOUISIANA 70809-1544 (225) 923-0424 November 5, 2018 ;Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Basic Correction Exemption Application—RGKIIIBK Family, LLC. /Frances C Betts Dear Madam or Sir: RGKMBK Family, L.L.C. is the owner of a parcel of real property which is the subject of the Application for a Basic Correction Exemption. RGKMBK Family, L.L.C. hereby authorizes ChadJ. 'Lee, and the firm of Balcomb & Green, P.C. to act in all respects as the authorized representative of RGKMBK Family, L.L.C. to submit and prosecute the above -referenced application. Very truly yours, RGKMBK FAMILY, L.L.C., a Louisiana limited liability company By: 1 Roy G. Kadair, Member //7/ 3 1111 rrLNITIPALNIC rirdiON14NYJwk0W4h 11111 Reception#: 903704 02/28/2018 12:23:04 PM Jean Rlberico 1 of 1 Rec Fee:$13.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY (C.R.S. §38-30-172) GUNFORMED COPY 1. This Statement of Authority relates to an entity named RGKMBK FAMILY, L.L.C. 2. The type of entity is a Limited Liability Company. 3. The entity is formed under the laws of the STATE OF LOUISIANA. 4. The mailing address for the entity is 7436 Richards Drive, Baton Rouge, LA 70809-1544. 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of RGKMBK FAMILY, L.L.C. is: Roy G. Kadair, Member 6. The authority of the foregoing person to bind RGKMBK FAMILY, L.L.C. is unlimited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. §38-30-172. Executed this 18th day of January, 2018. SI Al Is OF [ f 12 5�,s�.� i OF P(ut f.647044&) 1{ 34 7l t RGKMBK FAMILY, L.L.C.. a Louisiana limited liability company The above and foregoing instrument was acknowledged before me this Vtday of January. 2018. by Roy G. Kadair as Member of RGKM$K FAMILY. L.L.C.. a Louisiana limited liability company. 1� itness my hand and seal. My commission expires: 14 06-1 t3 TI lL 2.i . STACEY H. BALLARD Notary Public State of Louisiana East Baton Rouge Parish Notary ID # 145282 My Commission is for Life Aller recording return lo Chad i Lcc. Esq Bolcomb & Green P C P.O. Drawer 790 Glcnood Springs. CO 81602 (:af field County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-eouniv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239118300183 and 239118300182 DATE: October 9, 2018 OWNER: RGKMBK Family LLC and Frances Betts REPRESENTATIVE: Chad Lee, Balcomb & Green PRACTICAL LOCATION: 7202 and 7201 County Road 100, Carbondale, CO 81623 TYPE OF APPLICATION: Basic Correction Exemption ZONING: Rural COMPREHENSIVE PLAN: 6-10 acres per dwelling unit I. GENERAL PROJECT DESCRIPTION The property owners would like to create a legal exemption through the Basic Correction Exemption (BCE) process, for two properties that appear to have been created outside of the County processes. The two lots at issue are currently improved with single-family residences. Staff understands from the applicant that both residences are served by a shared well. The property owned by Mrs. Betts was issued a building permit and appears that it may have an approved septic permit on file. The property owned by RGKMBK Family LLC has been issued a building permit and a septic permit. The applicant has indicated to staff that both properties have legal access to the County Road through a private access easement. The property owner previously filed a Minor Subdivision Application with the County and obtained conditional approval by the Director of Community Development. The current plans for a Basic Correction Exemption application will help resolve difficulties in addressing all the conditions of approval for the Minor Subdivision. The BCE Application is also better suited to the historic situation that the Applicant is attempting to address. The Application was not an option until recent amendments to the Land Use and Development Code were adopted by the Board of County Commissioners. Much of the BCE Application and technical information can draw on the recent Minor Subdivision submittals. Hopefully this will allow for an efficient review process for the new application. As part of the application, the applicant will need to provide a history of the two Tots with a narrative explanation of the special circumstances and conditions, along with practical difficulties and undue hardships on the owners. II. COMPREHENSIVE PLAN The property is designated as Residential Medium in the Garfield County Comprehensive Plan. This allows for a suggested density of 6 to 10 acres per dwelling unit. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-204 Basic Correction Exemption including Sections 5-204 (B) Review Process and Section 5-204 (C) Review Criteria • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements including demonstration of access, water and sewer or waiver requests • Section 5-402 Description of Submittal Requirements including Final Plat • Section 4-103 Administrative Review (public notice — mailing 15 days prior to the public hearing) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Divisions Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. IV. SUBMITTAL REQUIREMENTS Outlined below is a list of information typically required for this type of application, please note this information needs to be provided for both lots. Much of this information should be available from the previous Minor Subdivision Application. 1. General Application Materials including copy of the application form, application fees, signed Payment Agreement Form. a. Proof of Ownership and information on whether there are lien holders. b. Title Commitments and copies of deeds c. A narrative describing the request and related information. d. A history of the subject parcels e. Names and mailing addresses of properties within 200 ft. of the subject property. f. Mineral rights ownership for the subject properties including mailing addresses (please supply description of how mineral rights were researched with County Records). g. If owner intends to have a representative (Planner or Attorney) a letter of authorization to represent is needed. h. Statement of Authority if the owner is an LLC or Trust i. Copy of the Pre -application Summary needs to be submitted with the Application. 2. Vicinity Map within approximately 3 miles. 3. Water Supply and Waste Water Management Plans should include the well permit and any well sharing agreement. Approved septic permits should be provided 4. Any existing or proposed covenants on the property. 5. Information as applicable to demonstrate compliance with provisions of Article 7 Standards, Divisions 1, 2, 3, and 4. 6. Response to Section 5-204 (C) Review Criteria 7. Appraisal for School Impact Fee, per Section 7-404, or a waiver request 8. Final Plat meeting the standards in Section 5-402(F) and all required Certificates. Site plan information shall be included on the draft version of the plat to confirm that no nonconforming conditions will result from the exemption. All easement as identified in the Title Commitment shall also be shown on the plat. 9. Copies of any past referral comments from the Colorado Geological Survey (CGS) review. 10. Engineering Reports, as applicable per Table 5-401, or as may previously been provided with the Minor Subdivision Application, or wavier requests 11. Information on the adequacy of the existing access driveways to serve the proposed Tots to meet the dimensional standards in Section 7-107 (Public Right of Way to each subdivision parcel), or waiver requests 12. Cost estimates for any major improvements such as roadway upgrades if needed. If there are no engineered improvements planned or required the application should indicate such. 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). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 for a Basic Correction Exemption and 4-101 Common Review Procedures. • Pre -Application meeting (completed) • Determination by the Director pursuant to Section 5-204 (B)(1) that the Application can be processed as a Basic Correction Exemption • Submittal of Application (3 hard copies & one digital PDF copy) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the BOCC Public Hearing • Referrals are sent out to reviewing agencies • Public Notice by mail to Property Owners within 200 ft. (certified) and mineral rights owners on the subject property (certified return receipt requested) • BOCC Public Hearing • Finalizing the Exemption Plat and any required conditions • Circulation of the plat for Applicant & Other Signatures • Board of County Commission Signing the plat as a consent agenda item Public Hearing(s): Referral Agencies: _ Directors Decision (with public notice) _ Planning Commission X Board of County Commissioners _ Board of Adjustment May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Vegetation Manager, Colorado Geological Survey, Fire Protection District, Colorado Division of Water Resources, and the City of Glenwood Springs. Referral comments from the previous Minor Subdivision may also be considered. V. APPLICATION REVIEW FEES Planning Review Fees: $300 Referral Agency Fees: $tbd (CGS unless previous comments have been received - others tbd) Total Deposit: $300 (additional hours are billed at hourly rate of $40.50) VI. 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 bv: October 23, 2018 Glenn Hartmann, Principal Planner Date Garfield County Community Development Department