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HomeMy WebLinkAbout1.0 ApplicationCou 21 790 51 01 001 ty Road jNo. 233 4 I I WS" I 161 Oil217904300566 pP Ilik2179°44°W 217904300567 41.111Willa Mr 8 217908100194 Vicinity Map Scale: 1 "=1000' TITLE CERTIFICATE Second Amended Plat of Tract 10 Amended plat of Tract 7, Tract 8, Tract 9 and Tract 10, Antlers Orchard Development Company's Plat No. 1 Situate in Section 4, Township 6 South, Range 92 West of the Sixth P.M., County of Garfield, State of Colorado LEGEND Found #5 Rebar and 1-1/4" Orange Plastic Cap Stamped LS #36572 Found 40.00' Witness Corner #5 Rebar and 1-1/4" Orange Plastic Cap Stamped LS #36572 0 Set 18" #5 Rebar and 1-1/4" Orange Plastic Cap Stamped LS #36572 • LINE BEARING DISTANCE L1 N 83°42'49" E 134.52' L2 N 73°43'46" E 54.24' L3 N 03°42'38" E 41.66' L4 N 02°40'07" W 52.94' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 25.00' 30.55' 28.69' N 38°43'12" E 70°01'08" PLAT NOTES 1.) THE PURPOSE OF THIS AMENDED PLAT IS TO REMOVE THE BUILDING ENVELOPE FOR TRACT 10 AS SHOWN ON THE AMENDED FINAL PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AND PARCEL 4 OF THE POLLARD EXEMPTION PLAT RECORDED JUNE 22, 2004 AS RECEPTION NO. 654584. 2.) THIS AMENDED PLAT IS SUBJECT TO CONDITIONS SET FORTH ON THE AMENDED FINAL PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AND PARCEL 4 OF THE POLLARD EXEMPTION PLAT RECORDED JUNE 22, 2004 AS RECEPTION NO. 654584. I, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS ___DAY OF , A.D., 2019. TITLE COMPANY: AGENT: OR ATTORNEY COLORADO ATTORNEY REGISTRATION NO. NOTES 1.) THE PURPOSE OF THIS SECOND AMENDED PLAT IS TO REMOVE THE BUILDING ENVELOPE OF TRACT 10, AS SHOWN ON THE AMENDED PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AS RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, AS RECEPTION NO. 654584. 2.) DATE OF SURVEY WAS JANUARY 2019. 3.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S00 °30'08 "W ALONG THE WEST LINE OF THE AMENDED FINAL PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AND PARCEL 4 OF THE POLLARD EXEMPTION PLAT RECORDED JUNE 22, 2004 AS RECEPTION NO. 654584 BETWEEN THE NORTHWEST CORNER OF SECTION 4, T6S, R92W, 6TH P.M., A #6 REBAR AND 3-1/4" ALUMINUM CAP STAMPED LS #36572 AND THE NORTH 1/16 CORNER BETWEEN SECTIONS 5 AND 4, T6S, R92W, 6TH P.M., A 2" PIPE AND 2-1/2" BRASS CAP STAMPED LS #14060 AS SHOWN HEREON. 4.) THIS AMENDED PLAT AND RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS IS BASED ON: a. THE AMENDED FINAL PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AND PARCEL 4 OF THE POLLARD EXEMPTION PLAT RECORDED JUNE 22, 2004 AS RECEPTION NO. 654584. b. STEWART TITLE COMMITMENT FILE NUMBER 334663, DATED NOVEMBER 30, 2018. 5.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS -MEASURED UNLESS OTHERWISE INDICATED. 6.) ALL FOUND OR SET MONUMENTS ARE FLUSH WITH GROUND EXCEPT AS NOTED HEREON. 7.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 8.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE I MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPETE SECOND AMENDED PLAT OF TRACT 10 OF THE AMENDED PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT ACCURATELY REPRESENTS A SURVEY, PERFORMED EITHER BY ME OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT CONFORMS WITH THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE COLORADO AES BOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIELD REGULATIONS, THIS CERTIFICATE IS NOT INTENDED TO BE AN EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF TRACT 10, SECOND AMENDED PLAT OF AMENDED PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D 2019. MICHAEL J. LANGHORNE, L.S. #36572 Northwest Corner Section 4 Found #6 Rebar and 3-1/4" Aluminum Cap Stamped NW S4 LS #36572 County Road No. 229 County Road No. 233 asis of Bearing S 00°30'08" W North 1/16 Corner Between Sections 5 & 4 Found 2" Pipe with 2-1/2" Brass Cap Stamped Lot 1 Lot 4 S5 S4 LS #14060 1 11 1 1 1 L1 L2 Lone Pinon Lane 50.0' Access, Utility and Irrigation Pipeline Easement Reception No. 654584 20.0' Easement for Utilities & for Irrigation Pipeline Reception No. 654584 10.0' 11 12‘ LIENHOLDER CONSENT AND SUBORDINATION (EXCEPTION NEEDED IN TITLE CERTIFICATE) 1 11 1 11 11 1 11 11 11 1 1 i1 50.0' 1 Tract 10 3.077 Acres± Easement for Underground Utilities, Raw Water Irrigation Pumphouse and Related Distribution Facilities Reception No. 654584 10.0' 1 \ 0 \ \ \ \ \ \ \ \ \ \ \ \ 0 60 120 180 SCALE: 1"=60' \ \ \ \ \ \ 20.0' Easement for Utilities & for Irrigation Pipeline Reception No. 654584 \ \ 10.0' �\ \ \ \ VOtt eritf°ppOle/ Esse clop 3O for i � Parcel 4 Pollar Exemption Plat Reception No. 648136 and Boundary Adjustment Affidavit Reception No. 654585 Silt Pump Canal Easement Book 389, Page 269 THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN AMENDED PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE AMENDED PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID AMENDED PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID AMENDED PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUTED THIS DAY OF , A.D., 2019. LIENHOLDER: EVERBANK 301 W. BAY STREET JACKSONVILLE, FL 32202 AUTHORIZED AGENT STATE OF COLORADO COUNTY OF GARFIEILD ) : SS ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 2019, BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC CERTIFICATION OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, MARVIN KENT AND SHAWNA RAYE POWELL, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: TRACT 10 ACCORDING TO THE AMENDED FINAL PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, AND PARCEL 4 OF THE POLLARD EXEMPTION PLAT RECORDED JUNE 22, 2004 AS RECEPTION NO. 654584 COUNTY OF GARFIELD, STATE OF COLORADO CONTAINING 3.077 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS AMENDED PLAT UNDER THE NAME AND STYLE OF SECOND AMENDED PLAT OF TRACT 10 OF THE AMENDED PLAT OF TRACT 7, TRACT 8, TRACT 9 AND TRACT 10 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A.D., 2019. MARVIN KENT POWELL 96 LONE PINE LANE SILT, COLORADO 81652 STATE OF COLORADO ) )SS COUNTY OF GARFIELD ) SHAWNA RAYE POWELL 96 LONE PINE LANE SILT, COLORADO 81652 THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D. 2019, BY MARVIN KENT POWELL AND SHAWNA RAYE POWELL. MY COMMISSION EXPIRES: WITNESS MY HAND AND SEAL NOTARY PUBLIC COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED PLAT THIS DAY OF , A.D., 2019, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF , A.D., 2019. TREASURER OF GARFIELD COUNTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. GARFIELD COUNTY SURVEYOR DATE CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O 'CLOCK .M., ON THE DAY OF , 2019, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: DEPUTY DESCRIPTION Z O W 4.4 c CC;� t Alik co cp " co 2 C o00 'Et) ol�n 4.1U0,2 of • SECOND AMENDED PLAT TRACT 10 MARVIN AND SHAWNA POWELL 96 LONE PINE COLORADO 81652 FILE: 07072-01 DFT. WKK CK. MJL DATE: 1-23-19 PROJECT NO. 07072-01 SHEET 1 OF 1 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Major Subdivision El Sketch PreliminaryQFinal Conservation Subdivision i "1 Yield r lSketch C] Preliminary Final ri Time Extension INVOLVED PARTIES Owner/Applicant Name: Marvin Kent and Shawna Powell DIVISIONS OF LAND APPLICATION FORM Preliminary Plan Amendment Final Plat Amendment I-1 Common Interest Community Subdivision 1--1 Public/County Road Split Exemption [ ] Rural Land Development Exemption Basic Correction Exemption 11 Mailing Address: 96 Lone Pinon Ln. Phone: ( 970 ) 876-2282 City: Silt State: CO Zip Code: 81652 E-mail: wcbadger@msn.com Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: f ho Assessor's Parcel Number: ;2 ( n/ q - (Re(c ,e Physical/Street Address: Legal Description: I. Zone District: -Crt i.s f t� zee / li Property Size (acres): Project Description Existing Use: � C Proposed Use (From Use Table 3-403): :)- Description of Project: 1 Id Tope Proposed Development Area Land Use Type # of Lots Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total 1 # ofUnits Acreage Parking /T%_. REQUEST FOR WAIVERS Submission Requirements 54 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: 1 have read the statements above and have provided the required attached information which is co ct and accurate to th st of my knowledge. A / — c- / Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ _ __ _ - Fee Paid: $ 839124 08/09/2013 12:53:20 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $58.90 eRecorded WARRANTY DEED State Doc Fee; $58.90 THIS DEED is dated the 9th day of August, 2013, and Is made between Thomas E. Rubin and Sherry S. Rubin (whether one, or more than one), the "Grantor" of the County of Garfield and State of Colorado and Marvin Kent Powell and Shawna Raye Powell the 'Grantees", whose legal address is 96 Lone Pinon Lane, Silt, CO 81652 of the County of Garfield and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Five Hundred Eighty Nine Thousand Dollars and No Cents ( $589,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any Improvements thereon, located in the County of Garfield and State of Colorado described as follows: Tract 10 According to the Amended Final Plat of Tract 7, Tract 8, Tract 9 and Tract 10 Antlers Orchard Development Company's Plat No. 1, and Parcel 4 of the Pollard Exemption Plat recorded June 22, 2004 as Reception No. 654584 County of Garfield , State of Colorado also known by street address as: 96 Lone Pinon Lane, Silt, CO 81652 TOGETHER with alt and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, the reversions, remainders, rents. issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said. premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in taw, and in fee simple; and has good right, full power and lawful authority to grant, bargain. sed and convey the same in manner and form as aforesaid; and that the same are free and clear from alt former and other grants, bargains. sales, liens, taxes, assessments. encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2013 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Off Record Title Matters) and Section 9 (Current Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration and party wall agreements, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjolning vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor executed this deed on the date set forth above. Thomas E. Rubin Stewart Title File Number: 01330-27806 821 JT WARRANTY DEED (To Joint Tenants) STCO Page 1 839124 08/09/2013 12:53:20 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $58.90 eRecorded State of Colorado County of Garfield The foregoing instrument was acknowledged before me this 9th day of August, 2013 by Sherry S. Rubin and Thomas E. Rubin. MARY L. SCHSURICH NOTARY PUt3UC STATE OF COLORADO NOTARY Ib 019974007954 C smrtnef0Pt mi 9017 Witness my and and official a Notary I ublic Mpry L. Scheurich My commission expires: Stewart Title File Number 01330-27808 Page 2 921 JT WARRANTY DEED (To Joint Tenants) STCO Book 391 Recorded at 2:23 o'clock P• ary January 10 , j968 Page 374 239889 Chas.S.Kee �-- an Reception No...__.. Z _____Recorder. This Di.ED, Made this 19 68 between day of January DEWEY W. WILLIAMS and MOLLIE WILLIAMS t" of the Comty of Garfield Colorado, of the first part, and and State of RECORDER'S STAMP . ifAlE MOW IU SAW r"o'1 r, o. MILTON WARREN McPHERSON and GERALDINE McPHERSON of the County of Garfield .. and State of Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: Lot 3, Lot 4, Southeast Quarter of the Northwest Quarter, and the East Half of the Southwest Quarter of the Northwest Quarter, and the Southwest Quarter of the Southwest.Quarter of the Northwest Quarter, all in Section 4, Township 6 South, Range 92 West, 6th P.M. Together with all improvements thereon and an allotment of 270 acre feet of water from the Silt Water Conservancy District and 115 shares of stock in the Farmers Irrigation Company. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ieSof the firstpart, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the saki partieSof the first part, forthem selves , thei]heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the caseating and delivery of these presents they ar well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of.whatever kind or nature soever, except all easements and rights of way of a public or private nature; 1968 general property taxes; lease to Bagleys covering all the above described property to March 1, 1968; house located thereon and rented to,Kings until March 1, 1968, provided that second parties.shall be entitled to receive all rental payments made after the'date of closing hereof; existing oil and gas lease covering the above described property, provided, that secondhparties shall be entitled to receive their proportionate interest of delayed rental payments paid by'lessee after the date of closing hereof; excepting an undivided 1/4 inters in and to all oil, gas and other minerals in, on or under the above described property to Rollin P. Williams as set forth in the office of the Clerk and Recorder of Garfield County, Colorado, by Document' No. 206652 in Book 320 at Page 143 thereof; reserving to first parties an undivided 1/4 interest in and to all oil, gas and other minerals in, on or under the above described property, together with the right of ingress and egress to prospect for, mine and remove the same; United States Patent,reservations and exceptions. ''LOo Mottc�° kUdILcois 'k°fib ►a jPoLlw (? 1JU<«iciwis p O R z oat • 06M1.34 e.4 RP c�p p gp41) 4 a oom� g o,ogo a nAmm• bei o o�mor0 a tCI N ommm '� 00� pal• §III mel er 54F08I � m m4IA b' tit 8tlt O yy • f �O�•►Al g MR0 p up= a▪ . m..K e go 2 O"O 7 og� GtO • G day !3•• M f•bN fD ori •t•`l 1,3t`y**i11C • �?j•p;:• Nor/lritSmtA.j ,'4.4 • •••. ►n • su fiZ _ Z 0 Hw HI O w. Hg (D a ¢ m ro c. o • ro 0 m M 0. a P3 1.1 " O "-'< 0 re a Ct 0 M a •r. Id WW 0 0 1 1-4 FLCJ4)E() Arv���3pp°° •, L ' .?: 'P •A MAY 31 t 93Jp' f C - i23993 t_c� 4y 4 LESLIE MCPHERSON," 3917 County Road 233, Rifle, Colorado 81650, Grantor, for ten dollars and other good and valuable consideration in hand paid does hereby sell and convey to WAYNE H. POLLARD and VICTOR F. GANZI, as tenants in common, whose address is 6448 County Road 233, Silt, Colorado 81652, Grantee, the following described real property situate in the County of Garfield, State of Colorado, to wit: WARRANTY DEED 13'.1GK 805 PMGE264 GARFIELD state 1991 Lot 3, Lot 4, the SEJNW%, the EkSW$NW;, and the SW;SW0W34, of ` Section 4, Township 6 South, Range 92 West of the 6th P.M. EXCEPT AND RESERVING unto the Grantor an undivided one-fourth interest in and to all oil and gas in and under the above- described property. TOGETHER with all springs, wells, ditches and water and water rights appurtenant to, used upon or in connection with the above described property, including without limitation, all Silt Water Project water appurtenant to the property and 115 shares of stock in Farmers Irrigation Company. (All such water rights are conveyed without warranties as to title or otherwise, notwithstanding anything herein contained to the contrary). TO HAVE AND TO HOLD the same together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining and warrants title to the same except and subject to building and zoning regulations; U.S. Patent reservations and exceptions, as contained in patents recorded in Book 12 at Page 163 and at Page 396, respectively; prior mineral reservations as contained in deeds recorded in Book 320 at Page 143 and in Book 391 at Page 374, respectively; rights-of-way for County Road No.s 229 and 233 I insofar as the same effect the subject property; rights-of-way shown on the Antlers Orchard Development Company's Plat No. 1; a- easement and right-of-way for the Silt Pump Canal, as described in instrument recorded in Book 389 at Page 269; lease over the east 15 feet of the E11NW3/4, as described in document recorded in Book 18 at Page 435; and general property taxes for the year 1991 and subsequent years. All Book and Page references set forth above pertain to the records of the Clerk and Recorder of Garfield County Colorado. Dated this 31st day of May, A.D. 1991. Leslie D. McPherson STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this .^.lpt day of May, A.D. 1991, by LESLIE D. McPHERSON. Witness my hand and official seal. My commission expires: *0-.;.;1:3--9;1 G�\ i•C . 1..64110 ) Notary Public °(,) 40 La ue, M �f /71 v-5 (j>-) • 0, f_Cijt tT ,3°.f �:L,�; ), vim 31 1991 F=C ; 423995 Il.,;i:n ol.:„-, C%rJ':Tr CL=r< 900K 805 PAGE268 AGREEMENT REGARDING RESERVED OIL AND GAS RIGHTS THIS AGREEMENT, made and entered into this 31st day of May, A.D. 1991, by and between WAYNE H. POLLARD and VICTOR F. GANZI, ("Surface Owner"), and LESLIE D. McPHERSON" ("McPherson"), WITNESSETH: RECITALS A. Contemporaneously with the execution hereof, Surface Owner is purchasing and acquiring from McPherson, the following described real property located in Garfield County, Colorado, to -wit: Lot 3, Lot 4, the SE'Nw;, the EiSWhNW3/4„ and the SW;SW3/4NW; of Section 4, Township 6 South, Range 92 West of the 6th P.M. B. In connection with said sale, McPherson is reserving an undivided one-fourth interest in and to all oil and gas in and under the above described property. C. By virtue of prior mineral reservations and the reservation of oil and gas by McPherson, the ownership of the mineral interests in and to the above described property is as follows: (1) An undivided one-fourth interest in the oil and gas and an undivided one-half interest in all other minerals are owned by the Surface Owner. (2) An undivided one-half of the oil, gas and other minerals are owned by third parties. (3) An undivided one-fourth of the oil and gas is owned by McPherson. D. In connection with the acquisition of the subject property by Surface Owner, McPherson has agreed to certain restrictions on the use of the surface and has further agreed to grant Surface Owner the first right of refusal on the reserved oil and gas rights. E. The parties writing. ara desirous of reducing their agreement to AGREEMENT NOW, THEREFORE, for value received and in consideration of the purchase price paid to McPherson by Surface Owner and pursuant to the requirements of the contract for the sale and purchase of the property between the parties, the parties hereby agree as follows: 1. Right Of First Refusal. McPherson hereby grants to Surface Owner, the first right of refusal to purchase the undivided one-fourth interest in and to the said oil and gas rights reserved by McPherson, on the following terms and conditions: (a) In the event McPherson should receive or solicit a bona fide offer for some interest in the reserved oil and gas rights, the offer shall be reduced to writing and signed by the offeror. A complete copy of the signed offer shall then be delivered to Surface Owner. Surface Owner shall have thirty (30) days from the date of receipt to acquire the interest covered thereby from McPherson on the same terms and conditions. (b) If Surface Owner fails to exercise the right of first refusal, McPherson shall be entitled to proceed to close the transaction with the offeror according to its terms and the right of first refusal shall terminate with '14 tk) [IRA 6-1107--:1 (c) BnoK 805 Pe)E269 respect to the part sold, but shall remain in full force and effect with regard to any part, interest or reversionary interest retained. If McPherson fails to consummate the transaction with the original offeror, or if he chooses to proceed with a transfer for a purchase price or upon terms that are any different from those offered to Surface Owner, he shall first resubmit the amended offer to Surface Owner in the same manner as provided above. (d) The within right of first refusal shall be extinguished only upon the full and complete transfer of all right, title and interest of McPherson in and to the reserved oil and gas rights. (e) Nothing herein contained is intended nor shall be construed to prevent McPherson from selling, conveying, giving or transferring said oil and gas rights, or any part thereof or interest therein, to his wife or his lineal descendants; PROVIDED ALWAYS that the provisions of this right of first refusal shall be fully binding upon any such transferee. (f) This right -of first refusal shall not be deemed to apply to oil and gas leases granted by McPherson in customary form, provided the primary term does not exceed five (5) years. 2. Surface Entry. Neither McPherson nor his successors in interest shall enter upon the land for the purpose of prospecting for, drilling, removing or otherwise developing reserved oil and gas rights without the advance written approval of the Surface Owner, which approval shall be conditioned upon: (a) reasonable compensation for the use of the surface, (b) reasonable restrictions to insure that operations are conducted so as not to adversely affect improvements now or hereafter located on the property nor to interfere with agricultural or other uses being made of the property, and (c) the provision of adequate security to cover any and all surface damages that may result. Further, neither McPherson or any successor to McPherson's reserved oil and gas rights, shall circumvent the provisions of this paragraph 2 and the restrictions on surface entry imposed hereunder through the acquisition of all, or any part, of the oil, gas and other minerals previously reserved by third parties or through any claimed rights of entry derived therefrom or connected therewith. The acquisition of any interest in McPherson's oil and gas rights shall bind the party acquiring the same to affirmatively comply with the provisions of this paragraph 2. 3. Binding Effect. This agreement shall run with the land and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. DATED this 31st day of May, A.D. 1991. Leslie D. McP erson ‘14,, 11a Wa e P rd T. Victaor F. Ganz 2 BOOK 805 rdcE270 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 31st day of May, A.D. 1991, by LESLIE D. McPHERSON. Witness my hand and official seal. Mycommission expires: .g -X3 9 STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 31st day of May, A.C. 1991, by WAYNE H. POLLARD. Witness my hand and official seal. My commission expires: ?-.2-3^`1 i - nM eP vR-e4a Notary Public STATE OF NEW YORK ) )ss. COUNTY OF NEw j/n k ) The foregoing instrument was acknowledged before me this day of Mai , A.D. 1991, by VICTOR F. GANZI. Witness my hand and official seal. My commission expires: M*13',1993 of blic NEVIN JOHN McCAULEY NOTARY PUBLIC, Stato of Naw York t No. 214707879 P; Qdollflod in New Yolk County AratorAtalou Eapbroa Mcal -Via 1993 1 stewart title Real partners. Real possibilities.TM Date: December 26, 2018 File Number: 334663 Property Address: 96 Lone Pinon Lane, Silt, CO 81652 Buyer/Borrower: TBD Buyer TBD Buyer Delivery Method: Emailed Marvin Kent Powell Shawna Raye Powell Delivery Method: Emailed Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. Stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 8, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Authonzed Countersignature Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Matt Morris President and CEO Denise C.rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I - Requirements; and Schedule 8, Part Il - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 AMERICAN LAND TITLE A11DC:IATIc,N 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, this Commitment 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; (f) Schedule B, Part II - Exceptions; and (g) a countersignature 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 LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA' Commitment for Title Insurance. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 AMERICAN LAND TITLE ASSOCIATION (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amo (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 Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must 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 <Vap://www rg/arbitration>. incurred in good unt. unless all of the STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy;; the Commitment Conditions; Schedule A; Schedule 13, Part! - Requirements; and Schedule 8, Part 1! - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. Ali rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 AMERICAN LAND TITLF. ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Stewart Title Company Issuing Office: 620 E Hopkins Ave, Aspen, CO 81611 Issuing Office 's ALTA® Registry ID: Loan ID Number: Commitment Number: 334663 Issuing Office File Number: 334663 Property Address: 96 Lone Pinon Lane, Silt, CO 81652 Revision Number: 1. Commitment Date: November 30, 2018 at 8:OOAM 2. Policy to be issued: (a) ALTA Owner's Extended Proposed Insured: TBD Buyer (b) ALTA Loan Proposed Insured: Proposed Policy Amount 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: Marvin Kent Powell and Shawna Raye Powell 5. The Land is described as follows: See Exhibit "A" Attached Hereto This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. Ail rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title insurance 8-1-16 (4-2-18) Page 1 of 6 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 334663 Tract 10, According to the Amended Final Plat of Tract 7, Tract 8, Tract 9 and Tract 10 Antlers Orchard Development Company's Plat No. 1, and Parcel 4 of the Pollard Exemption Plat recorded June 22, 2004 as Reception No. 654584 COUNTY OF GARFIELD, STATE OF COLORADO. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. An rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 6 AMERICAN LAND TITLE ASSD(:IAT ION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 334663 Requirements All of the following Requirements must be met: 1. The 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. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. 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. 5. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 6. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 7. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 8. Execution of Affidavit as to Debts and Liens and its retum to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 9. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 10. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 11. Release by the Public Trustee of the Deed of Trust from Marvin Kent Powell and Shawna Raye Powell for the use of Everbank to secure $412,250.00, recorded August 9, 2013, as Recplion No. 839125. 12. Deed from vested owner(s) vesting fee simple title in the purchaser(s). This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 l! - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title insurance 8-1-16 (4-2-18) Page 3 of 6 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded August 9, 2013, as Reception No. 839124. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part 1- Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 6 EMMEN AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 1I ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 334663 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. 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. 5. 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. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, reserving Rights of the proprietor of a vein or lode to extract and remove his ore therefrom recorded June 6, 1892 in Book 12 at Page 163 as Reception No. 14090. 10. Matters related to the mineral estate contained in the Deed including any and all assignments thereof and interests therein recorded January 10, 1968 as Reception No. 239889. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part II - Exceptions and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AU other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 6 AME® I.ANI7 TITLE AS.00IATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I1 ISSUED BY STEWART TITLE GUARANTY COMPANY 11. Mineral rights and othe rmatters contained in the Deedt recorded January 10, 1968 as Rece tion No. 239889. 12. Matters related to the mineral estate disclosed by deed recorded May 31, 1991 in Book 805 at Page 264 as Reception E o. 423993 and any and all assignments thereof and interests therein. 13. Agreement Regarding reserved Oil and Oil and Gas Rights including any and all assignments thereof and interests therein in instrument recorded May 31, 1991 as Reception No. 423995. 14. All matters shown on the plat of the amended Final Plat of Tract 7, Tract 8, Tract 9 and Tract 10, Antlers Orchard Development Company's Plat No. 1 and Parcel 4 of the Pollard Exemption Plat recorded June 22, 2004 as Reception No. 654584. 15. Boundary Line Adjustment Affidavit recorded June 22, 2004 in Book 1 598 at -woe 564 as Reception No. 654585. 16. Declaration of Covenants, Conditions and Restictions recorded June 22, 2004 as Reception No. 654586. 17. Well Agreement recorded June 22, 2004 iii Book 1598 at Pagp 579 as Receptio No. 654587. 18. QuitClaim deed of mineral rights including any and all assignments thereof and interests therein recorded March 22, 2005 as Recertion No. 670797. 19. Quitclaim deed of mineral rights including any and all assignments thereof and interests therein recorded March 22, 2005 as Reception No. 670801. 20. Paid up Oil and Gas Lease including all interests therein and assignments thereof in Lease recorded November 28, 2006 as Reception No. 711997. 21. Paid up Oil and Gas Lease including all interests therein and assignments thereof in Lease recorded March 7, 2007 as Reception No. 718516. 22. Paid up Oil and Gas Lease including all interests therein and assignments thereof in Lease recorded August 16, 2010 as Reception No. 790010. 23. Amendment to Declaration of Covenants, Conditions and Restrictions recorded February 7, 2012 as Reception No. 814252. 24. All matters shown on the Improvement Survey by Bookciitt Survey Services. This page is only a part of a 2016 ALTA0 Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 - Requirements; and Schedule 8, Part 1I - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Titre Association. Ali rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 6 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 334663 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: Title Commitment Fees $300.00 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 R PArt 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form.E R AMERICAN LAND TITLE ASSOCIATION Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 334663 ALTA Commitment For Title Insurance 8-1-16 DISCLOSURES File No.: 334663 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTYASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued, Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of 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. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as perm tted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTI Contact us: !f you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 334663 Revised 11-19-2013 How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you request insurance -related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can 1 limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: !f you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 334663 Revised 11-19-2013 February 19, 2019 Marvin and Shawna Powell 96 Lone Pinon Lane Silt, CO 81652 Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81 601 Office: 970-945-8212 Fax: 970-384-3470 Reference: Amended Final Plat Antlers Orchard Lot 10 (FPAA-02-19-8709) Dear Mr. and Mrs. Powell; Thank you for your application for an Amended Final Plat Review on Lot 10 of the Antlers Orchard Subdivision. Our completeness review included input from the County Attorney's Office and has identified several items that need to be addressed or clarified prior to a determination of technical completeness. Please respond to the following items: ✓ 1. Both owners need to sign the application. /2. Please include a list of all property owners within 200' of the subject property and their corresponding mailing addresses. ✓ 3. Please provide a statement addressing how the mineral rights for the property were researched, including the use of County Records from the Clerk and Recorder and/or the Assessor. 4. Please provide a completed Payment Agreement Form. / 5. Please provide a statement requesting a waiver from the Improvements Agreement submittal requirement. r 6. As indicated in the pre -application conference summary, please provide a statement indicating whether or not the proposal will have any impacts on Article 7 — Divisions 1, 2, and 3 of the Land Use and Development Code. 7. While not a Technical Completeness item, a Public Meeting is required in front of the BOCC to provide an update on the newly submitted application. Previously, at Project Description Existing Use: 7 . ail t-' Proposed Use (From Use Description of Project: Table 3-403): .i'0 • r1 , _7I,Li a-, i.t, /.//.(.F --,cit �y) %(-R ,� - 0r`S / k __re . fei -lo R eielfloPe i.5 // ,h1 -i 1( ; keA er lope , Proposed Development Area Land Use Type # of Lots 1 # of Units 1 Acreage 9. c `%7 Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total ( / 3 _Dv? in o REQUEST FOR WAIVERS Submission Requirements 1l The Applicant requesting a Waiver of Submission Requir• ments per Section 4-202. List: Section: % i . ►■ . • ��• / r • _ • .r. . Section: Section: Waiver of Standards - ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is co Test and accurate to th7b st of my knowledge. L Signature of Prop rt nin Date OFFICIAL USE ONLY File Number: Fee Paid: $ Garfield County Land Explorer Pal uel Physical Address Owner AcE©unt Num Mailing Address 217904200696 217904200706 217904200707 217904200708 217904200709 217904200713 Not available SILT 114 LONE PINON LN SILT 95 LONE PINON LN SILT 20 LONE PINON LN SILT 96 LONE PINON LN SILT 6448 233 COUNTY RD SILT GANZI, VICTOR F JAEGER, RANDY G & RAMONA D REEVES, ANDREW & KAMEHL SWANK, WILLIAM A & PEGGY J POWELL, MARVIN KENT & SHAWNA RAPE POLLARD, WAYNE H R041071 R041389 R041390 R041391 R041392 R042099 106 CENTRAL PARK SOUTH APT 28E NEW YORK, NY 10019 PO BOX 985 SILT, CO 81652-0985 PO BOX 24 SILT, CO 81652 20 LONE PINON LANE SILT, CO 81652 96 LONE PINON LANE SILT, CO 81652 6448 COUNTY ROAD 233 SILT, CO 81652-9788 Feb 20,2018 Garfield County Community Development RE: Marvin Kent and Shawna Powell Amended Final Plat The County Clerk and Recorders Office was used in research for Mineral Rights. Thank you, Shawna Powell Marvin Kent Powell LIC Garfield County PAYMENT AGREEMENT FORM GARFIE COUNTY ("COU ") and Property Owner ("APPLICANT") ri(_I'1)j'h--'n k_& 1 agree as follows: �� �� ("Courgr) g 1. The Ap ant has submitt to th County an application for the following Project: VDUU-,[I 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: Shawna Powell Billing Contact Address: 96 Lone Pinon Ln City: Silt Phone: ( 970) 876-2282 State: CO Zip Code: 81652 Billing Contact Email: wcbadger@msn.com Printed Name of Person Authoriz to Sign: Shawna Powell 2/20/2019 (Date) Feb 20,2018 Garfield County Community Development RE: Marvin Kent and Shawna Powell Amended Final Plat In response to Article 7 of the Land Use and Development Code, it does not appear that building the proposed shop will have any impact on the following items. Trails or walkways. Parking issues. Wildlife habitat. Geological hazards. No waterbodies will be effected. No effect on Agricultural operations, fencing or ditches. Drainage issues. Roadway access or utilities. Thank you, r Shawna Powell Marvin Ke ell 3/2/2018 Garfield County Community Development Dept RE: Powell Platt Amendment 1-2. The current mineral rights owners are Dewey & Mollie Williams % % No address listed Rollin P Williams 2/4 % No address listed Leslie Dale McPherson 44% 1859 Cty Rd 344 Silt, CO 81652 Wayne H Pollard & Victor Ganzi - 1/4% Wayne Pollard 6448 County Rd 233 Silt, CO 81652 Victor Ganzi 106 Central Park South Apt 28E New York, NY 10019 The mineral rights were researched by using Reception Numbers from the Clerk and Recorders Office listed in the current Title Commitment that was ordered on 12/26/2018 through Stewart Title. Receptions Item #10 and #11 Matters related to minerals estate, Reception No#239889 was used in the research. A copy of the Title Commitment was sent with the original application, as well as the mineral rights owners, the names were indicated on the bottom of the pages as well as an asterisk next to the names. 3. Code Section 4-101 (E)(1)(b)(4). The Garfield County Clerk and Recorders Office was used in the research to identify the owners of mineral rights. 4. To our knowledge the current mineral rights owners have not changed, this would be the most up to date list Thank you, Kent Powell Shawna Powell A - Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE LSUMMARY TAX PARCEL NUMBER: 217904200709 DATE: December 20, 2018 OWNER: Powell PRACTICAL LOCATION: 96 Lone Pinon Lane, Silt, 81652 — North of the Town of Silt TYPE OF APPLICATION: Amended Final Plat of Tract 10 of Antlers Orchard I. GENERAL PROJECT DESCRIPTION The Applicant is requesting an Amended Final Plat to remove the Building Envelope on the property. Tract 10 of the Antlers Orchard Subdivision is 3.077 acres and was initially had the property lines adjusted on the parcel on 2004. Since that time a Second Amended Final Plat was submitted and approved (also to adjust the Building Envelope on the property), but never recorded. The applicant is proposing to build a shop on the parcel in a location outside of the existing envelope. Staff research of past approvals does not indicate why Building Envelopes were proposed on the parcel. With the proposed amendment to remove the Building Envelope, the applicant would still be required to meet standard setbacks in the Rural zone district. No changes to the existing access or utilities are proposed as a result of the amended plat. In addition, no nonconforming conditions have been noted which would result from the lot line modification. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat and Boundary Line Adjustment with the County Clerk and Recorder. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ■ Application Form (Signed by property owners) ■ General Description of the request outlining the reason for the Amended Final Plat. ■ Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances ■ Letter of Authorization for a representative, as necessary. ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of subject parcels and all mineral owners of the subject parcel. ■ Vicinity Map ■ Improvements Agreement (may be waived upon request) ■ Final Plat (Consistent with Section 5-402F, plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) ■ Code, Covenants, Restrictions (if applicable, book and page or reception number needs to be referenced on the plat) ■ The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. 2 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_None (Director's Decision) Planning Commission Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Garfield County Designated Engineer, and County Surveyor. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: December 28, 2018 Patrick Waller Date 3 Approximately 2 months if submittal is complete Fla Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision •Call-up Period - within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. 4 MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- 11? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 5 • MONO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy. from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. if you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. if you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or Landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 6