HomeMy WebLinkAbout1.0 ApplicationFEXA 5
JOLLEY, 4J LLC I AMENDED FINAL PLAT
HUBER SUBDIVISION EXEMPTION APPLICATION
FILE NO.: FEXA-03-19-8722
Narrative
The Applicant is proposing to modify lot lines of Parcel B of the Huber Exemption Plat (a/k/a
Parcel 3) northwest of the Town of New Castle to include acreage from two surrounding
parcels.
Parcel B (or Parcel 3) is 6.57 acres in size and will incorporate approximately 2.8 acres from
the northern parcel (No. 2125-252-00-074)(a/k/a Parcel 1) and 1.47 acres from the western
parcel (No. 2125-252-00-103)(a/k/a Parcel 2).
Access to Parcel B is by way of a private drive accessing off County Road 245. Parcel B is
improved with a single-family residence, the northern parcel with a single-family residence
and cabin (approved by special use permit in 1993) and the large parcel to the west with a
single-family residence and ranch house.
It is important to note that this Amended Final Plat application will be processed
simultaneously with a Basic Correction Exemption (BCE) application and Boundary Line
Adjustment. The BCE is needed to resolve parcel creation issues associated with the status
of Parcels 3 and 1: 2125-252-00-132 and 2125-252-00-074. The Boundary Line Adjustments
were initiated to comply with a dissolution of marriage settlement agreement and enable the
applicants to convey separate title between them to their real property held individually and,
in their entity, 4J, LLC. The subject property is part of a prior Huber Subdivision Exemption,
and thus the applicants seek approval to amend the prior subdivision exemption plat.
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OLSZEWSKI, MASSIH & MAURER, P.C.
ATTORNEYS AT LAW
Edward B. Olszewski
Melody D. Massih
Amanda N. Maurer
Website: www.ommnc.com
Glenn Hartmann, Principal Planner
Garfield County Department of
Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
P.O. Box 916
1204 GRAND AVENUE
GLENWOOD SPRINGS, CO 81602
TELEPHONE: 970.928.9100
FACSIMILE: 970.928.9600
July 19, 2019
MEEKER OFFICE:
*685 MAIN STREET, SUI FE 6
MEEKER, CO 81641
*ADDRESS ALL CORRESPONDENCE TO:
P.O. 13ox 916
GLENWOOD SPRENGS, CO 81602
RE: Jolley, 4J, LLC Amended Final Plat Huber Subdivision Exemption Application
(FEXA-03-19-8722)
Dear Glenn:
In addition to the application referenced above submitted to your department on March 29,
2019 and pursuant to your completeness review letter dated April 22, 2019, our meetings on May
2 and May 7, 2019 and Kelly Cave's correspondence dated May 3, 2019, below and enclosed
please find the requested supplemental information concerning the Amended Final Plat Huber
Subdivision Exemption Application:
1. The Application form also needs to be signed by Jeanne Jolley. A duplicate Application
form with her signature can be submitted.
Response: enclosed is Jeanne's signature on the application as requested.
2. The letter of authorization for you to represent the Applicants needs to be provided.
Response: enclosed is Brett and Jeanne's LOA as requested.
3. Listing of property owners within 200 ft., including addresses.
Response: enclosed is a list pulled from the gis, zorlreld-county. cont'Land plorc'r index
for the subject parcels (2125-252-00-074, 2125-252-00-103 & 2125-252-00-132) as
requested.
4. Listing of any mineral rights owners (including addresses) on the subject properties
including a description of how the mineral rights were researched with the Clerk and Recorder or
Assessor's Offices.
OLSZEWSKI, MASSIII & MAURER, P.C.
Glenn Hartmann, Principal Planner
Community Development Dept.
July 19, 2019
Page 2 of 2
Response: enclosed is a list of mineral owners and addresses on the subject properties
obtained from the title commitment reports previously provided.
5. A narrative description of the request is needed and will be most helpful with the review
process. The narrative should include any other supporting information indicating that the
amended plat is consistent with the underlying zoning and previous property history.
Response: enclosed is narrative as requested.
6. A waiver request should be included regarding the lack of a need for a subdivision
improvements agreement.
Response: enclosed is waiver request as there are no improvements associated with this
application.
7. The request should be consistent with applicable provisions of Article 7 and include at a
minimum a representation that the amended plat will not result in any changes to drainage, access
or utility services, unless documented in the submittals.
Response: enclosed is a report outlining answers or affirmative statements to each section
in Article 7 that were requested, specifically Sections 7-106, 7-107 and 7-204.
8. The Application needs to clarify if any other subdivision exemptions have been granted on
the properties affected by the proposed amended plat.
Response: enclosed is a summary and the Resolutions concerning Parcels 1, 2 and 3.
Please let us know if you require additional information or if you have any questions.
Updated plat submittals will be submitted under separate cover upon receipt from Sopris
Engineering.
Very truly yours,
OLSZEWSKI, MASSIH & MAURER, P.C.
72.'�C�a By:
Amanda N. Maurer
ANM:Irr
Enclosures
. Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.Rarfield-countv.com
FEXA 1
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
n Minor Subdivision
Q Preliminary Plan Amendment
Major Subdivision
✓ Final Plat Amendment
SketchnPreliminaryDFinal
Common Interest Community Subdivision
[] Conservation Subdivision
EJ Public/County Road Split Exemption
Q Yield Sketch 1=1Preliminary.[]Final
r[ Rural Land Development Exemption
I-1 Time Extension
0 Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant
Name: Brett and Jeanne Jolley, 4J, LLC
Phone: ( 970
379-2319
Mailing Address: 1793 CR 245
City: New Castle State: CO zip Code: 81647
E-mail: bjolley@sopris.net
Representative (Authorization Required)
Name: Amanda N. Maurer, Esq. phone: ( 970 ) 928-9100
Mailing Address: P.O. Box 916
City: Glenwood SpringsState: CO Zip Code: 81602
E-mail: amanda@ommpc.com
PROJECT NAME AND LOCATION
Project Name:
Assessor's Parcel Number:
Physical/Street Address:
Legal Description:
Zone District: Property Size (acres):
Project Description
Existing Use:
Proposed Use (From Use Table 3-403):
Description of Protect:
Proposed Development Area
Land Use Type
Single Family
Duplex
Multi -Family
Commercial
Industrial
Open Space
Other
Total
ft of Lots
If of Units
Acreage
Parking
1 REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: _ Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my krsea .elece
atilLe
Signature of Property
OFFICIAL USE ONLY
nature of Pro rty Owne
File Number:
Date
Fee Paid: $
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2125-252-00-132
2125-252-00-103
2125-252-00-074
PRE -APP DATE: 10/31/2018
OWNER: Brett and Jeanne Jolley, 4J LLC
REPRESENTATIVE: Amanda Maurer
PRACTICAL LOCATION: 1793, 1795 & 2095 County Road 245 New Castle, CO 81647
ZONING: Rural
COMPREHENSIVE PLAN: New Castle Urban Growth Area
TYPE OF APPLICATION: Amended Final Plat
I. GENERAL PROJECT DESCRIPTION
The Applicant is proposing to modify lot lines of Parcel B of the Huber Exemption Plat northwest of
the Town of New Castle to include acreage from two surrounding parcels. Parcel B is 6.57 acres in
size and will incorporate approximately 2.8 acres from the northern parcel (No. 2125-252-00-074)
and 1.47 acres from the western parcel (No. 2125-252-00-103). Access to Parcel B is by way of a
private drive accessing off County Road 245. Parcel B is improved with a single family residence, the
northern parcel with a single-family residence and cabin (approved by special use permit in 1993)
and the large parcel to the west with a single-family residence and ranch house.
It is important to note that this Amended Final Plat application will be processed simultaneously
with a Basic Correction Exemption (BCE) application and Boundary Line Adjustment. The BCE is
needed to resolve parcel creation issues associated with the status of Parcels 2125-252-00-132 and
2125-252-00-074. One (1) final Mylar may be filed documenting this Amended Final Plat, Basic
Correction Exemption and Boundary Line Adjustment. Plat notes documenting the initial
conditions and ensuring process will need to be included on this final plat for clarity.
II. REGULATORY PROVISIONS AND PROCESS REQUIRED
The following Sections of the Garfield Land Use and Development Code as amended apply to the
proposed Application:
• Section 5-305—Amended Final Plat Review
• Table 5-103 Common Review Procedures and Required Notice
• Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements including requirements for a Final Plat
• Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
• Article 7, Divisions 1, 2, 3, and 4 as applicable
III. ADMINISTRATIVE REVIEW PROCESS
The review process shall follow a modified version of the steps contained in Table 4-102 and
Section 4-103, Administrative Review (see attached modified flow chart).
IV. SUBMITTAL REQUIREMENTS — KEY TOPICS
As a convenience, outlined below is a list of information typically required for this type of
application:
• General Application Materials
o Completed application form
o Completed payment agreement form
o Notarized statement of authority form (attached) designating a representative to act
on behalf of 4J LLC and a subsequent letter of authority (un -notarized) from this
representative designating Amanda Maurer to act on behalf of 4J LLC and Brett and
Jeanne Jolley.
o Proof of Ownership (title work or deed) and information on any lien holders for all
three parcels.
o Copies of any available title work or commitments.
o Names and mailing addresses of property owners within 200 ft. of the properties.
o Mineral rights ownership including mailing address (see attached memo).
o A narrative describing the request and related information.
• Copy of the pre -application summary
• A Vicinity Map within approximately 3 miles
• Because no public improvements are required for this project, a written waiver request
from submittal of an Improvements Agreement should be requested.
• The Proposed Plat showing the existing and proposed lots lines and any other changes
affecting the lots. All easements need to be shown on the plat. All required certificates
need to be included on the plat.
• The plat should include improvement location information adequate to confirm that no
nonconforming conditions will result from the plat amendment. Some improvement
location information will be removed from the plat prior to execution and recording
pursuant to direction from the County Surveyor.
• Copies of any covenants affecting the property
2
• The request should be consistent with all applicable provisions of Article 7 in the LUDC. The
Application should include at a minimum representations that the amendment will not
result in any changes to drainage, access or utility services.
• Any other supporting information indicating that the change is consistent with underlying
zoning and previous property history.
The Application submittal needs to include 3 hard copies of the entire Application and 1 digital PDF
copy of the entire Application (on a CD or USB Stick). Please refer to the pre -application summary
for submittal requirements that are appropriate for your Application.
V. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing:
X Director Decision with notice
_ Planning Commission
_ Board of County Commissioners
_ Board of Adjustment
VI. APPLICATION REVIEW FEES
a. Planning Review Fees:
b. Referral Agency Fees:
c. Total Deposit:
$ 100.00
$ TBD — consulting engineer/civil engineer fees
$ 100.00 (additional hours are billed at $40.50 /hour)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. This summary does not create a legal or vested right. The
summary is valid for a six month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically for review by the public. Proprietary information can
be redacted from documents prior to submittal.
3
PRE -APPLICATION SUMMARY PREPARED BY:
Claire Dalby, Planner
November 7, 2018
4
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Brett and Jeanne Jolley,
4J, LLC agree as follows:
1. The Applicant has submitted to the County an application for the following Project: Final
Plat Amendment, Basic Correction Exemption and Boundary Line Adjustment
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: Brett .blley Phone: (970 )379-2319
Billing Contact Address: 1793 CR 245
City: New Castle State: CO zip Code: 81647
Billing Contact Email: bjolley@sopris.net
Printed Name of Person Authorized to Sign: Brett Jolley
B,e4
3 -?7-L7
(Sign ,' re) ' (Date)
830414 01/23/2013 03:46:15 PM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee: $11.00 Doc Fee: $0.00 eRecorded
STATEMENT OF AUTHORITY
(38.30-172, C.R.S.)
1. Thls Statement of Authority relates to an entity named 4J, LLC
And is executed on beharf of the entity pursuant t0 the Moistens of
Section 38-30-172 C.R.S.
2. Tlietype Of entity is a Limited Liability Company
3. The mailing address for the enfity is:
1288 County Road 245
New Castle CO 81847
4. The entity is formed under the Taws of
(Colorado
5. The Bayne Of the'persbn(S) authorized to execute instruments conveying, encumbering, or otherwise
afteiting title to real property on behalf Of the entity Is:
Breit JoJey
Jeanne Jolley
6. The autharlty of the foregoing person(s) to bind the entity is MI Not Milted OR 0 Limned as follows:
7. Other mailers Concerning the Branner in which the entlly deals with interest In real properly:
Both members must sign to bind entity for obligations greater than $1.000 and to sell real estate.
Dated thlsOS day of January 2013
Brett Jolley
State of Colorado
County of Garfield
The foregoing Instrument was acknowledged before me thlsc3 day of January. 2013
Brett Jolley and Jeanne Jolley for 4J. LLC.
WCoenElora 0111512014
ss my ha d official seal.
CUL
by
Notary PublIc: Karl Arneson
My commission expires: July 15, 2014
Statement of AUlhortly Buyer Full STCO Pagel oil
FEXA 2
April 25, 2019
Glenn Hartmann, Principal Planner
Garfield County Department of
Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Brett and Jeanne Jolley, 4J, LLC 1 Boundary Line Adjustment
Dear Mr. Hartmann:
This letter authorizes Amanda N. Maurer, Esq. of Olszewski, Massih & Maurer, P.C. to
submit any land use or other applications concerning the boundary line adjustment and act
as the representative for the applications. The subject property is located in New Castle,
Colorado. This letter also authorizes any experts (e.g. engineers) that Amanda deems
appropriate to represent the owners during any discussion in the administrative review
process.
Thank you.
Sincerely,
8J—L
Brett Jolley
anne Jolley
❑ok 354 Recorded at.il.:.'Z�._.._o'clock—P M.,_I?ea,....b_.1Q6.3._.._.____.,___._.
ge 462 223610 Chas. S. Keegan
12eception No,_
Recorder.
{
•
THIS DEED, Blade this 11th
day of January
in the year of our Lord one thousand nfnc hundred and Sixty
between
-- WILLIS KISSEE and EUNICE KISSEE,
of the County of Garfield and State of
Colorado, of the first part, and
---CIEARLES A. WEAR and IDA E. 1TEA0,
RECORDER'S STAMP
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of
TUT DOLLARS and other good and valuable considerations F14R'�4Age
to the said partl_eS of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged. ha VC granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell. convey and crap firm unto the sat'( parties of lite second part, their heirs and assigns forever, not
in tenancy ID eomulan hat in Joint h:oancy, all Ilia following described lot or parcel of land. situate, lying and
Luing in the Cnn„I. of Garfield and Stale
of Colorado, to -wit:
LL !14, St:111'ftl and P[LItIb,SN', Sec. 25, Tp. 5 S., R. 91 4f., 6th P.M.,
together with all ditch and ditch rights, nater and water rights
used thereon or in conne.:tion therewith, includinE the Connally
Ditch with Priority #25 and 1/3 of the Haggarty 13ilart;ement of Coryell
Ditch and. of Priority §145A decreed thereto.
Excepting and Reserving to FIRST PARTIES, the 1/2 oi' all minerals and
mineral rights, including oil and gas.
TOGETHER %vitt' all and sin:;:dar the hereditaments and appurtenances thereunto belonging, or in anywise
appertainiag, and the reversion and rrversious, remainder and remainders, rents, issues and profits thereof: and all
the estate, right, title, interest, claim and dannad whatsoever of the said parties of the first part, either in law or
egnily• nf, in and to the above bargained premises, with the Irereditatnenl6 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 mid assigns forever. And the said partioc of the first part. rortl:emed yes ,
their heir•, ececutora, and aJntiuislratnls 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 unsealing and delivery or these presents they are
well seized of the peeadies above ron-eyed, aa of good, sure, perfect, absolute and indefeasible estate of inheritance, in
1 (:, in fee simple, and ha %'C Good right, full power and lawful authority to grans, bargain, sell and convey the same in
mauu:rand form aforesaid. and that IAc sante arc free and eh:aril-on) alt fornter and other grants, bargains, sales, Liens,
l3.12, as.esamen1. end innnubrances of whatctcr 111ed or nature sourer,
and the above bargained premises in the quiet and peaceable possession of the said patties of the second part, their heirs
and assigns, against all and every person or persons lawfully claiming or to claim the whoIV or any part thereof, the said
par 103 of the fir'- ova shalt and will WARRANT AND FOREVER DEFEND.
IN NVl'I'i'1ESS WUEREOP the said pact is ; of time first part ha V.2 hereunto set thc5.band a'r
scut s the day awl year first above written.
Signed, Scaled mid Delivcled in the I're::cucc of
STATE OI COLOA:IDO,
County Gar f field
ray,
T.tf�C a 1��—Zr2 [SEAL
Co c c, .•l1[SEM
A- rcaainer instrument has acknowledged before me this 11th day ui Januaryl'dFT` bre.' {ll [s Y.i330C and Eunice f;iaocc.
z1 ; Afync.am t !idmt•xpiret DeCemOar 1 191X1 . Witncsv my hand acid official seal.
nt .. • .�1
• F3 • 1.1,7.
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•if l,r 1m30rn1 nronon or nernvun inure Invert mons or name's!if 10, t,orvsn nutlae In reures.raiative or otrietal eanaenr er as
assarany-ltvr-fact. ID. Inn nt na,ne at U•,rtn.n ran' -acetone, ntterner-larrset or usher capacity or draceiniten: It hr orrin•r of ear.
l0'aaW,wm (1011 invert
r !lf--Bel i.'col omd� itevnUi SnAtuS 115 i r eluent ur' 03Aer otticene at duel' eeroaracUar, naminl; It.�Yf„tyrdrlr
Elli Re.unkii L 4H41 ri �F1t lir. effiin 1411.1114 II m
2
Recorded a 00 4917012 00 3Y 07 911 J.ar. alb.r sco
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0 0ac Fav 90 CO CPRFIELD COUNTY Co
Reception'
WARRANTY DEED
THIS DEED, made on September 17, 2013
Between James H. Slappey and Brenda C. Slappey, as Trustees of the
James and Brenda Slappey Joint Revocable Trust dated March 18, 2005
of the County of GARFIELD, and State of CO, grantor, and
4J, LLC,
whose legal address is : 1288 County Road 245, NEW CASTLE, CO, 81647
of the County of GARFIELD and Slate of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of 5900.000.00 DOLLARS, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed. end by these presents does grant, bargain, sell and convey and confirm unto the grantee,
its successors and assigns forever, all the real property together with improvements. if any, situate, lying and being in the County of GARFIELD and
Stale of Colorado described as follows:
See Attached Exhibit "A"
Grantor hereby reserves a life estate for the oil, gas and related mineral interest with the remainderman interest
to Grantee.
as known by street and numbcr as: 1795 & 2027 County Road 245 NEW CASTLE CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions. remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand whatsoever of the
grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and
assigns forever. And the Grantor, for itself, and its successors, does covenant, grant, bargain, and agree to and with the Grantee, its successors and
assigns, that at the lime of the ensealing and delivery of these presents, it is well seized of thc premises above conveyed, has good, sure. perfect.
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid, and that the same are free and clear from all io:mcr and other grants, bargains, salts, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soevcr. except general taxes and assessments for the year 2013 and
subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's
Commitment No. 1308050
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee, its successors and assigns, against all and every pawn or prisons lawfully claiming the whole or any part thereof. The singular number
shall include the plural. the pliant the singular, and thc use of gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the dale set forth above.
James H Slappey and Brenda C. Slappey, as Trustees of the
James and Brenda Slappey Joint Revocable Trust dated March 18, 2005 �s
By: T /V -`I ___/,_7,BY-.1.--•,--t--.-.-LF) ,e.
James H. Slap' �yyy Brenda C. Slappey, Trustee
STATE OF COLORADO
COHN IN OF GARFIELD
) ss
)
The foregoing instrument was acknowledged before me on September 17, 2013. by James II. Slappcy and Brenda C. Slappcy, as Trustees of the
James and Brenda Slappey Joint Revocable Trust dated March 18, 2005
My commission expires:
Commonwealth F,lc No 1303050
Ratan to
41 LLC
4211 Canny Rod 245
NEW CAS fLE CO 11647
DENNA CONWELL
NOTARY PUBLIC
STATE OF cXLoR►sDO
NOTARY D 0993401453B
RI i 12',2017
WI 1NESS my hand and official seal
e
127 East 51h Street
Rifle. CO 81650
Mary Public
File No. 1308050
11111 14,1741aMilhaPiterilli IlfiDl re..1 1 X10.411 lit
Recent p1onn 94D952
%19 Rea c,1.3; pn �..n v.).•ica
1Op Roc Fee 40 Ob GgRFIE5.0 CO::.TY CO
EXHIBIT "A"
A parcel of land situated in the E%NW'/4 of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No, 245 is
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, a rebar and cap in place; thence South 18°57'53" West
1212.03 feet to a point on said Southwesterly right of way, also being a point on a lane centerline, the TRUE POINT OF
BEGINNING; thence leaving said right of way, South 60°06'03" West 663.57 feet along said lane centerline; thence
South 55°41'19" West 85.29 feet along said lane centerline to a point on the centerline of said creek; thence along the
centerline of said creek the following courses and distances: North 25°26'55" West 101.86 feet; thence North 40°46'03"
West 39.65 feet; thence North 15°0725" East 232.64 feet; thence North 63°27'45" East 211.82 feet; thence North
11°23'24" East 70.20 feet; thence North 38°27'30" West 86.80 feet; thence North 64°52'37" West 161.99 feet; thence
North 34°29'28" West 90.40 feet; thence North 15°06'27" West 167.31 feet; thence North 15°25'51" East 69.40 feet;
thence North 39°39'52" East 131.00 feet; thence North 14°26'71" East 201.28 feet; thence North 09°24'53" West 123.56
feet; thence North 10°53'28" East 124.04 feet to a point on the Southwesterly side of said County Road right of way;
thence leaving said creek centerline along the County Road right of way, the following courses' and distances: North
• 87°34'23" East 12.96 feet; thence 137.84 feet along a curve to the right, having a radius of 161.94 feet and chord of which
bears: South 68°02'36" East 133.71 feet; thence 374.50 feet along a curve to the right, having a radius of 442.14 feet and
chord of which bears: South 19°23'39" East 363.41 feet; thence 331.43 feet along a curve to the left, having a radius of
496.42 feet and chord of which bears: South 14°15'18" East 325.30 feet; thence South 33°22'53" East 104.36 feet;
thence 41.55 feet along a curve to the left, having a radius of 800.55 feet and chord of which bears: South 34°52'05"
East 41.54 feet; thence South 36°21'18" East 143.91 feet; thence 187.87 feet along a curve to the right, having a radius of
622.38 feet and chord of which bears: South 27°42'26" East 187.16 feet to the TRUE POINT OF BEGINNING.
Recorded at _.. 4¢.( �'^...o'�
Reception No..............n71 b°aF2�...._....� . *.. .. ....... Recorder.
THIS DEED, Made this day of
between WILLIS KISSES and EUNICE KISSEE
,1978,
of theCounty of Mesa and State of Colorado,
ofthe first part, and MARY IDRAINE JACKSON , 1445 Walnut Avenue,
Grand Junction,
of the County of Mesa
gin 11011 01tgy)FEF
and State of Colorado, of the second part:
SVITNESSETII, That the sold part ies of the first part, for and In consideration of the sum of
TEN DOLLARS AND OPHER GOOD AND VALUABLE CONSIDERATION
to the said part ies of the first part In hand paid by the said part 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 patty of the second part, her
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of and State of Colorndo, to wit:
An undivided one-fourth of all minerals and mineral rights, including oil,
gas and other hydrocarbons in, under and on the EWA, SW' NWII and
NE3/4SW3.1 of Section 25, Tp. 5 South, Range 91 West of the 6th P.M.
also known as streetnnd number
TOGETIHER with all and singular the hereditaments and nppurtennnccs thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part les of the first part, either in law
ur laluity, of, in and to the above bargained promises, with the hereditaments and appurtenances.
Ni,. 163. WARRANTY 1)11:1)—For Photographic Record.— Bradford Publishing Co.. 1521.14 Stout. St,ect. Denver. Colorado—G.71:
{52
10if i .1.aJ GF.SL L3'
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances„ unto tha
said part y . • ofea._egsand part, her heirs and assigns forever. And the said part ies of the first part,
for themes! ves; 7[AR'a; executors, and administrators, do covenant, grant. bargain and agree to end with
the void party of the second part, her helve and assigns, tint et the time of tho ensealing end delivery of
these pressers they arCetvdl seised of the premises above conveyed, es of good, aura, perfect, absolate end
• indefeasible estate of inheritance, in law, in lee simple, and heVe good right, full power and lawful authority to
Pant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from ell former and other grouts, bargains. sates, liens, texas, assessments and encumbrances of whatever
Mind or nature xaever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said pert ies of the first part shall ani will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said partieS of the first pert ha ve hereunto set theirhand S
and seal S the day and year first above written.
Signed, sealed and Delivered in the Presence of
STATE OF COLORADO,
County of Garfield
The foregoing instrument ^.as acknowledged before me this
19 78 ,by WIILIS KtSSEE and EUNICE KISSEE.
-V1 _ .Af...... 'SEAL]
WILLIS KI EE
(SEAL]
.. r, l �..� S, js1 A 1.]
EUNICE KISSEE
}es.
My commission expires ) l -6.i , . / i,
WARRANTY DEED
6
SPATE OF COLORADO,
ss.
....County of Wlfi,EIELO..
I hereby certify that this instrument was tiled
day of
.19 % .j - Witness my hand and official seal.
f / / .,
,..1..;. •
fvr record in niy'office this_._.........._.._..... 44y, of
DEC 513
19......._.,
at.:.. µ. M., and duly recorded
OE1
C 5978
Recorded at......�..a2.�s...,....a'eock...� hi„ ...... ,y.......... �.,..,•
Reception No Z90527
-Recorder.
THIS DEED, Made this day of
between WILLIS KISSEE and EUNICE KISSEE
,1978,
of the. County of Mesa and State of Colorado,
of the first part, and 1dONALD KISSEE , 1445 Walnut Avenue,
Grand Junction,
of the
STATE nQi'JMENTAPY Eft
DEC 5 1978
County of Mesa 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
to the said parties of the first part in hand paid by the snid party of the second part, the receipt 'whereof is
hereby confessed and acknowledged. ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, his
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of and State of Colorado, to crit:
M undivided one—fourth of all minerals and mineral rights, including oil,
gas and other hydrocarbons in, under and on the EtiNWN, SW141104 and
NE} SW; of Section 25, Tp. 5 South, Range 91 West of the 6th P.M.
a1: a known a' street and number
'1OCETIIER with all and singular the horeditaments and appurtenances thereto belonging, or in anywise
appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; end all
thr eAtatc, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law
n:- equity, of, in And to the above bargained premises, with the hereditaments and appurlonnnces.
No. I tij. n'.uah,.x n' DU:SD—Fur Phnlurr phlc rtccord.--u,,drord 1`uldlrhlnK Cu, 1se 1.10 Stout se•,w•t, n.•ov.,r. Colorado U-74
TO HAVE AND TO HOLD the said premises above bargained and described, with"the appurtenances, unto the
said party of{ he second part,theirheirs and assigns forever. And the said part ies of the first pert,
for themselves —hg, executors, and administrators, do covenant, grant, bargain and agree to and with
the said part y of the second part, hie heirs and assigns, that at the time of the ensealing and delivery of
these presents they are 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 as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
his heirs and assigns against all and every person or persons Inwfully claiming or to claim the whole or any
port thereof, the said part ies of the first part shall an I will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set theixhande
and souls the day and year first above written.
i
Signed, sealed and Delivered in the Presence of ' i.• it • t. C `• r 1 K1, -i...i.. t 15F S T.]
WILLIS KISSEE
STATE OF COLORADO,
County of Garfield
EUNICE KISSEE
}ss.
The foregoing instrument was acknowledged before me this
1978 .by Millis Kissee and Eunice Kissee.
My commission expires �..: i_:'
rx,
ir;,�fr '
:.. ';`•,
WARRANTY DEED
N
ali
O
n
•ecord in my office this
��T41
[SEAL]
day of
, 19': ! . Witness niy hand and official seal.
'SEAL]
File No. 1806050
SCHEDULE B - SECTION 2
171 (11'./
7 3
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
I. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9 Right of the proprietor ofa vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in 13ook 12 at Page 63.
10. Reservation of one-half of all minerals and mineral rights including oil and gas as reserved by Willis Kissee and Eunice Kissee in deed
recorded December 6, 1963 in Root.. ` 1 at Pate 462, and any and all interests therein or assignments thereof.
11. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Charles A. Wear and
Ida E. Wear in deed recorded December 30, 1963 in Book .353 sit E'n t 1(!? and any and all interests therein or assignments thereof.
12. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Karl O. Larson and
Hazel R. Larson in deed recorded October 4, 1973 in Book 4501 it Paige 3Z6 and any and all interests therein or assignments thereof.
13. Utility easement 20 feet in width described in deed recorded May 17, 1978 in ftnok 510 Eli I'stE . 32 and in deed recorded May 25, 1978 in
Book 510 at Page.141.
14. Terms, conditions and all matters set forth in Garfield County Resolution No. 92-015 recorded March 5, 1992 in IloA 825 t'stc 125.
15. Easements, rights of way, notes and all matters set forth on the Huber SB -35 Exemption Plat recorded March 13, 1992 as Itkcuption No.
132547 except those easements extinguished by deed recorded March 5, 1996 in Book 969 at I'stFc 205 and in deed recorded March 28,
1996 in Book 971 at I'aze 990.
16. Easements and rights of way for the Connally Ditch, the Haggerty Enlargement of the Coryell Ditch and the Larson Ditch, insofar as they
may affect subject property.
17. Terms, conditions, easements and all matters set forth and described in Easement Agreement recorded March 28, 1996 in Book 971 al
18. Easements described in instrument recorded March 28, 1996 in Book 971 at I'itgc 991.
19. Terms and conditions of agreement recorded March 29, 2005 in !look 1674 at l'.tue 288.
20. Terms and conditions of Easement agreement recorded March 28, 1996 in Houk 971 al I'age 988.
21. Easement Contained in instrument recorded March 28, 1996 in Book 971 at I'aszc 991,
22. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section I. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment Schedule B - Section 2 Form 1004-12
ook 354
age 462.
Recorded a t./r..Z.5..___o'cloeLi..af.r
22310 , CFlas. S. Kee an
li:aceptloo No.._.__._..._....�.,.�._.............`....._.._.._,.......�s....._._._._.._..___.,Recorder,
Tms DEED, Made this lith day of January
in the year of our Lord one thousand nine hundred and SiXty
between
uir,rIS KISSED and EUNICE KISSEC,
01 the County of Garfield and State of
Colorado, of the first part, and
CHARLES A. WEAR and IDA E. WEAR,
RECORDER'S STAMP
of the County of Garfield and Stale of Colorado, of the second part:
WITNESSETH, (lint the said port ies of the first pert, for end in consideration of the sum of
NDLI
TEN DOLLS and other good and valuable considerations fa$I<fie
to the said par(t-es of the first part in hand paid by the said parties of the second part, the receipt whereof Is
hereby confessed and acknowledged, ha ve granted, bargained, sold aid 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 Garfiehl and State
of Colorado, to -mit:
1.k1iir!!/•u•, S? tflf - and N*04, f , Soc. 25, Tp. 5 S. R. 91 ld., Gth P.M.,
togethcz• with all ditch and ditch rights, water and water rights
used thereon or in connection therewith, including the Connally
Ditch with Priority #25 and 1/3 of the lfaggarty Enlargement of Corye31
Ditch and of Priority ;1I5A decreed thereto.
Excepting and Reserving to FIRST PARTIES, the 1/2 of all minerals and
mineral rights, includ:ini, oil and gas.
TOGETHER with all and sin;;ular the hcreditantenla and appurtenances thereunto belonging, or iu anywise
appertaining, and the reversion nail rrrrrsions, rcmnindcr and remainders, rants, issues and profits thereof: and all
the estate, right, title, interest claim and demand whatsoever of the said parties of the first part, tither In law or
equity. of, in and to the above bargained premises, with the hereditaments and appurtenances.
'rO HAVE AND TO BOLD 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 said partioc of the first part, for themsel vas ,
'their heir., eiccutora, and administrators do covenant, grant, bargain and agree to and with the said parties
of the second punt, their heirs and assigns, That al the time of the ensealing and delivery of these presents 1,1-k^_y arc
well gniachl of the prcnhist•s abort conveyed, an of good, sure. perfect, absolute and indefeasible estate of inheritance, in
law, in far :,iia, Ic, and ha ve Good eight, full power and lawful authority to grant, bargain, sell and convey the same in
mmiu:r and form aforesaid. and that the sante are fret and clear from all former and other grants, bargains, sales, liens,
Lazes, assessments and innuubranees of whalce+r kind or nature sower,
and the above bargained premises iu the quiet and peaceable possession of the said pm ties of the second part, their heirs
and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said
part ioB of (he firs'. pert shall and u'i!1 FVARh'ANT AND FOREVER Dfil+CND.
IN 1Vl'1'NL'SS \\'UEREOF the said p:utic, of the first part ha vZl hereunto set thei.hand o
seal 5 1ihc day and year first above wrilteu.
Signed, Seale,! and Delivered in the ['reacnee of
STATE Or COLORADO,
County Garfield
[s EA1
Cl
;..k.rr;poiiFinstrument was acknowledged before Inc this lath day of January
t9 •;•by►'? iia Kisace next Eunice I;iocec.
tfy o 4l jsiol•`rxytrc2 December l 1960 . \Vih� my hand and official seal.
[SEAL.
[SEAL
uyIrr hiir
No. 721. All It FVere IMF:D. Tn Joint T.n+url..-llmdn,eA.It,1,Iseaa Pir. C1a., Ttfro. ltvtlnwn's t.ai.-nl Dtnr•ka Iii: 1.14Stout se..Dcn.er. c'lwndu
•II 1, r nnlurnl operon er urrerept ltnrg Inieci name or nnt,nr, it by nenvun matins: In rumrpanmal vo or valeta. enpsaII ' or NI
nttnrnry-111•rnat, 1hgn Innrrt PRIM. nr h^roe,n n,l rirccnte,r, nittpornos'-fu-real er other cornett). ar de:M>pptl.a; tt by chine of me-
poratohon(eeuunioin L�hh11.5.5.1 midi,
offde� dive hest allri[uu.rin0 nreasdenl or other ef1leinl G such carom:la va, hauling $I. srainluro
Recorded att°'29{�s.....o'cuck-:..M.,,»^`� "5~l ' —Record
Reception Noe
....� er.
THIS DEED7 Blade this day of
between WILLIS KISSEE and EUNICE KISSES
;1978,
of the County of Mesa and State of Colorado,
of the first part, and MARX LORAINE JACKSON , 1445 Walnut Avenue,
Grand Junction,
of the
!1ATF IBMIIIIM.Y Flt
County of MSS. and State of Coloradu, of the second part:
Rr1TNESSETIi, That the said part les of the first part, for and In consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION XXIIXNAN4
to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
;;rant, bargain, sell, convey and confirm, unto the said party of the second part, her
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of and State of Colorado, to wit:
An undivided one—fourth of all minerals and mineral rights, including oil,
gas and other hydrocarbons in, under and on the E:NWe, 510..,NW1/4 and
NE�SWI of Section 25, Tp. 5 South, Range 91 West of the 6th P.M.
also known as street and number
TOGETHER with all and singular the hereditaments and nppuitenances thereto belonging, or in any -wise
appmtainiug, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
Phe state, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law
ur equity, al, in and to the above bargained premises, with the hereditaments end appurtenances.
No. Mi. tVARIIASTV DEED—Por ['holographic llecord.—' lhadford 1'eblIahlnR Co..152-1.1G Stour Strecl. D, ora; Colorado—e•ili
•
Idle 3. g8513
'TO UAVs AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said part y: - . of o second •part, her heirs sand assigns•foreaer•. And the said part les of the first part,
for themael VeS, exeCutera, End Administrators, do covenant, grant, bargain and agree to and with
the sold party of the acaond part, her heirs and assigns, that at the time of the ensealing and delivery of
these presents they are well seised of the premises above conveyed. as of Rood. sure, flatfeet. absolute and
indefeasible estate of inhetltance, fn law, In fee simple, And ha Ve good right, full power and ]awful authority to
grant, bargain, sell end convey the same in manner and form ns aforesaid, and that the some are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
bind or nature seever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her hers and asrigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said parties of the first part shall ani will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said partieS of the lilst part ha Ve hereunto settheirhand s
and seal $ the day and year first above written.
Signed, scaled and Delivered in the Presence of
STATE
WIl T,TS HISSES
'SEAL]
..................................--._(SEAL]
to ,
�.=l...:...:»..........:.... :qr-.r::...::.-::.. 'SEAL]
EUNICE KISSES '
OF COLORADO,
ss.
county of Garfield
The foregoing instrument ...us acknowledged before me this
19 78 .by WILLIS KISS= and E[NICE KISSES.
My commission expires
WARRANTY DEED
day of /.+
,19 / _) , Witness my hand and official seal.
STATE F COLORADO,
and duly recorded
e
A
C
Notory• ruelia
jE
�u
:y
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of he second part, their heirs and assigns forever.. And the sold part ies of the fust part,
fax themselves, L'iNg, executors, and administrators, do covenant, grant, bargain and agree to and with
the said part y of the second part,- his heirs and assigns, that at the time of the ensealing and delivery of
these presentsthey are well seized of the promises above convoyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawfut authority to
grant, bargain, soli and convey the same in Manner and form as aforesaid, and that the same are frac and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
kind ornaturc soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said part ies of the first part Shall aril will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have
and seals the day and year first above written.
Signed, sealed and Delirered in the Presence of
f".• , "..
TTJJ S KISS=
•
hereunto set theirhands
. ./
EUNICE KISSZE
STATE OF COLORADO,
Iss.
County of Gar field
The foregoing instrument was acknowledged before rax this
1972 ,by 7j11js Kissee and Eunice Kisses.
?ly commission eNpires
• 7. r.
• f
• .. ......
11t. •
WARRANTY DEED
I hereby certify thnt this instrument was filed
i
day of is,: 1
ISE AL)
[SEAL]
IS EA L]
, 19 . Witness nry hand and official seal,
Notenr;
Recorded
RrceptlaaNa...�% 116.1....._..... liar;
TINS DEED, ],lode this 4th day of December
in the year of our Lord one thousand nine hundred and sixty—three
between CHARLES A. WEAR and IDA E. WEAR
of the County of Garfield and Slate of
Colorado, of the first port tut] KARL 0. LAiSON and HAZEL R. LUL'ft)
Book 355
Page 107
RECORDER'S STAMP
of the County of ?lesa and State of Colorado, of the second part:
VJITNESS10TH, that the said part les of the first part, for and in ronsidernlion of the aunt of
TIN DOLLARS AND OTHER VALUADLE COrNSII)ERATION- kuabbih.R9,
lo the said put jos of the first part in hand paid by the said parties of the secood past, the receipt whereof To
hereby confessed and acknowledged, ItaVC granted, Lasgained, sold and conveyed, and by these presents do
grant bargain, sell, convey and confirm unto the Bald 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 Cal'fitad and State
of Colorado, Conon: 1?}-NW'j,Sl,'; NN and 1r,+,•, SWI, Sec. 25, 1. 5 S., lig 91 W,, Pith
To^_cther with all ditch and ditch rights, water and (rater r.i'hts used thereon
or in connection therewith, including the. Connally Ditch with Priority No. 25
and 1/3 of Hagearty lsnlareernent of Corvcll Ditch and of Priority No. 145A
decreed thereto.
Provided always, that there is hereby excepted and reserved an undivided one—half
interest in and to all oil, gas, and minerals in and under said lands.
TOGETHER with all and singular the Irereditamenrs and appurtenances Ihet'euulo bdluuging, or to anywise
appertalainp, and the recession and reversions, remainder and rcuutiuders, routs, 1.131Its and profits thereof: and all
'In. estate, ri,'1Ii. title, Interest, claim and demand whatsoever of the said earl 1(15 • of the first part. either in l,w or
equity, of, iu asci In the above bar,taieed prcnti,es, with the hereditaments and appu rt coarses.
TO HAVE AND '1•o ITOLD lire said pr emiscs aht.•ve Lartimiucd and described, o.lh the aping It names, unto the said
parties of the second part, their lid, and assigns fore rcr. And the said part iOS of the first part, for thea' Net VOS
their 32eer;, n ecia,.ini, nod arhninisb':turn 110 eurettaut, grant, bargain aud,'Oten to r.n,l with the said patties
of Ilir.cooed part, Ihelr heirs And assigns, that at tht time of IIIc cuscrt!ing and delivery nl these pr es.uts thev are
well seised „I the premises above cn:tvuyorl.:u of flood, dr: -e perf••.t, ahsAlete and Indefensible rstnte of lnt,eri ante, In
I•tsv, ht ice simple, and ha Vi' gond right, hill power- and htsrtu3 authority to grant, bargain., sell and convey the sante in
..::weer onm hem afot ,,said, and that the varve are free and r.fetr (rum all farmer end oilier graau, bargains, sales, hens,
W nes, assessments and i icuntbrances of itltatevcr kind or rause ...ever, soh jv et ro reservations, 1 a nV,
in patents Croy. than I•nitcd States or .lreriea, and snlsj,'ct. to ri1•1ns—o l'—tray for
roads, ditches and telephone lines as slow constructed and in use; andsubject
co taxi's for 10i•.1,ht'colrtnc dile in L'li,4,t;hich are to be adjusted as or April IS, 1,16
and the above bargained premises in Ills quirt and peaceable pes,eseion of :he said parties Oi the second parr, their heirs
and ossig,ts, against all and every person or persnus fnwitdt, claiming or to claim the whole or any pet: t thereat, the said
part jog of the first part shall and will 'WARRANT AND FOREVER DEFEND.
1N 1VITNESS WI]3P.EOP the said parllc5 of the first part Ito Ve hereunto set th.'ihand S and
seal g the day and year Drat above written.
Sirnrd. Srslerl erytl Oellvrnrd in the 1'resenee of
ylriu:r:-.7Y r ..-- — )ter ,� a• �vit
1, lLai�a{ M 1.'�r—tr�L r�,-..ISF.4Ll
tic a r i
STA'.I'ti OF LOLoIAnO.
I sa.
Con ay of tirtyfie.ld,
The foregoing instrument was acknowledged before ole this 4 tit
19(,3 , bv• , trades A, Near and Ida c,. Bear.
..rSlirl7,l
IL -LY of Doer be r
hay commission •:•••••i•-•••• t;a roll 2Ii , 1) GG . Witness my hand and ofir„h.1 seal
No. 921. trnnnANT
'1t by n,.lur
nnenoy-In-raet, th.
In,rulnin, then Ince.
A eL,,u..,tlJV,'e,r, 5
es.`,'r star lay �) p:'dues ,
• one
p tr4 ` JIp 6,r fla
'i
y
d7, t ,t2.'aa33rhiuih c�U,rJ t�, '•`-' n✓J t nnryry
8emldadat 10:30 a'cloe� A. .a,y. October 4, 1973
BOOKQJ� P��`3 6secaptlon No, 260235 '> •
la Stephonse - w„rCTJer.
Tins DEED, Made this second _ do ,e;October
1973, ,between KARL 0. LARSON and ' HAZEL R. LARSON,
of the County of Garfield ' and State of
Colorado, of the first part, and SIDNEY MILLER 'and RHODA
MILLER
RECORDER'S STAMP
STATE DOCUla9liiARY FEE
OCT 4 1973 .
of the • county of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part leaf the first park for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
to the said part ie Bot the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, haVe granted, bergaleed, sold and convoyed, and by the presents do
grant; barg4,'gell, convey and confirm unto the said partite of the second part, their heirs and assigns forever, not
in tenaney 1n tbmraon but in joint tnnaacy, ell the following deaarlbed lot or parcel of land, situate, Tying Ana
tiofag to the :. - County of Garfield and State of Colorado; to wit:
The;,Ea3st Half of the Northwest Quarter (EkNW'/4), the Southwest
Quarter of the Northwest Quarter (SWWNWk), and the Northeast
Qua,ter of the Southwest Quarter (NEkSW'k) in Section Twenty-
-Five (25), Township Five (5) South, Range Ninety -One (91) West,
of the Sixth (6th) Principal Meridian.
Together with all ditch and water rights appurtenant to or used
in connection with the said lands, including, but without limita-
tion on the foregoing, the Connally Ditch with Priority No. 25
for 1.6 c.f.s. and Priority No. `220R'for 3:2 c.f.s.; also .8 c.f.s
out of Priority No. 145A awarded the Haggerty Enlargement ofIthe
Coryell Ditch; also the Larson Ditch, awarded 2 c.f.s. in Water
Case No. 331 in the District Court of Garfield County in and
for Water Division No. 5.
Provided always, that there is hereby excepted and reserved an
undivided one-half (1/2) interest in and to all oil, gas, and
minerals in and under said lands.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, lanes and profits thereof; and
all the eatate, right, title, interest, Balm and demand whatsoever of the said partieSof the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 7N. WARRANTY DEED --Te Joint Ton.nte.—Bredtord Pab1.hlea Company, 1821 stmt 94nt, Den.ee. Colorado -1.72
bOUK450 PAGE 327
TO HAVE AND TO HOLD the said promisee above bargained and deetnrfbed, with the appurtenance', unto the
said parties al the aceond part, their bairn and maims forever. And the add part iesof the first part, for
them rel es, theiriki,,, execotora, end admiafetratore, 40 covenant, grant, bargain and agree to
and with the Bald parties of the second part, their heirs and assigns, that at the time of the eneeding and delivery
of these presents, they are well Seized of the premises above conveyed, ea 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, Bell and convey the ,mine in manner and form aforesaid, and that the same are Sreo and clear from
all former and other grants, bargains, solea, Ilene, taxes, aaaee®enta and incumbrances of whatever kind or nature,
mem. subject to all easement reservations, restrictions, and rights-
of-way now of record. Taxes for 1973, due in 1974, are to be prorated,
and the above bargained premises in the quiet and peaceable possession of the sold parties of the second part, their
helm and ass! son against all and every peror persona lawfully claiming or to elnim the whole or any part thereof,
the add parties of tbo Bret part 'bell and will WARRANT AND FOREVER DEFEND.
IN WITNESS WiUREOF, the said parties of the first part have hereunto set their band S and
seal S the day and year Bret above written.
Signed, Sealed and Delivered in the Presence of
/1-al/e9
—
. Karl O. -Larso
rHa 1 R. Larson -
_...................................._... _ MALI
STATE OF COLORADO, j
Fee.
an
scty of Garfield 1•,
The foregoing instrument wae'ackaowledged before me this ' 2nd
1973 .bis Karl O. Larson and Hazel R: Larson.
Sly commission explrea December 12 , L9 73 . Witness my band and official seal.
'-day'of October
4.17 t
Naw, b11r
«Ila7/ trllgl Panna ar pa,eoru ho,r insert nom* of arpen: 11 by prrfane actin; fit reprnentattve or ofttelal enpoclty or oa allorncY-In-race.
- '� it a inatii s l:ciwn as oarrotor, aunrnrrdn-foci or other [eparliy or draerietlon; It.by offleer of eorporntlon, lhaa Insert tieing of ilia
OnlItFi•EfFOrkrel,n for pre&HIrnt or other tillron of +ueh corporaeluy. neml;e LC
aT A R3r� u
•J u *til ti tom`
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Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 19, 2018
File No. 1806053
Property Address. 1795 & 2027 County Road 245, NEW CASTLE
Olszewski, Massih & Maurer, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Attn: Amanda Maurer
Email: amanda@ommpc.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1806053
1. Effective Date: June 12, 2018 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06) N/A
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
4J, LLC
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Pa trick' P. 3 u rwe,LL
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1806053
EXHIBIT "A"
A parcel of land situated in the E%2NW'/4 of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No. 245 is
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, a rebar and cap in place; thence South 18°57'53" West
1212.03 feet to a point on said Southwesterly right of way, also being a point on a lane centerline, the TRUE POINT OF
BEGINNING; thence leaving said right of way, South 60°06'03" West 663.57 feet along said lane centerline; thence
South 55°41'19" West 85.29 feet along said lane centerline to a point on the centerline of said creek; thence along the
centerline of said creek the following courses and distances: North 25°26'55" West 101.86 feet; thence North 40°46'03"
West 39.65 feet; thence North 15°07'25" East 232.64 feet; thence North 63°27'45" East 211.82 feet; thence North
11°23'24" East 70.20 feet; thence North 38°27 '30" West 86.80 feet; thence North 64°52'37" West 161.99 feet; thence
North 34°29'28" West 90.40 feet; thence North 15°06'27" West 167.31 feet; thence North 15°25'51" East 69.40 feet;
thence North 39°39'52" East 131.00 feet; thence North 14°26'17" East 201.28 feet; thence North 09°24'53" West 123.56
feet; thence North 10°53'28" East 124.04 feet to a point on the Southwesterly side of said County Road right of way;
thence leaving said creek centerline along the County Road right of way, the following courses and distances: North
87°34'23" East 12.96 feet; thence 137.84 feet along a curve to the right, having a radius of 161.94 feet and chord of which
bears: South 68°02'36" East 133.71 feet; thence 374.50 feet along a curve to the right, having a radius of 442.14 feet and
chord of which bears: South 19°23'39" East 363.41 feet; thence 331.43 feet along a curve to the left, having a radius of
496.42 feet and chord of which bears: South 14°15'18" East 325.30 feet; thence South 33°22'53" East 104.36 feet;
thence 41.55 feet along a curve to the left, having a radius of 800.55 feet and chord of which bears: South 34°52'05"
East 41.54 feet; thence South 36°21'18" East 143.91 feet; thence 187.87 feet along a curve to the right, having a radius of
622.38 feet and chord of which bears: South 27°42'26" East 187.16 feet to the TRUE POINT OF BEGINNING.
File No. 1806053
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. Note: Per Statement of Authority recorded January 23, 2013 as Reception No. 830414 the person(s) authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property are Brett Jolley; Jeanne Jolley on behalf of 4J
LLC
2. 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.
3. Pay the agreed amount for the estate or interest to be insured.
4. Pay the premiums, fees, and charges for the Policy to the Company.
5. 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 is an informational only commitment and no policy will be issued hereunder.
6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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 may 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 appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
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
may be obtained from the County Treasurer's authorized agent; 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §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.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1806053
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in l3ouA 12 :II Page 63.
10. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Willis Kissee and Eunice Kissee in Deed to Charles A.
Wear and Ida E. Wear recorded December 6, 1963 in Book 354 :al Page 462, and any and all assignments thereof or interests therein.
11, Right of way for the uninterrupted flow of East Elk Creek.
12. Terms and conditions of Agreement recorded March 29, 2005 in Book 167.4 at Page 288.
13. Reservation of a life estate for the oil, gas and related mineral interest with the remainderman interest to grantee in Warranty Deed
recorded September 19, 2013 as Reception No. 840952 and any and all assignments thereof or interests therein.
14. Easement granted to Public Service Company of Colorado in instrument recorded April 14, 2015 as Reception No. 861408.
15. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 19, 2018
File No. 1806052
Property Address. 2095 County Road 245, New Castle
Olszewski, Massih & Maurer, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Attn: Amanda Maurer
Email: amanda@ommpc.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1806052
1. Effective Date: at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
Proposed Insured:
N/A
(b) ALTA LOAN POLICY (ALTA 6-17-06) N/A
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
4J, LLC
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Pa tricky P. 3 uti'wal/
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1806052
EXHIBIT "A"
A parcel of land being the SW'/4NW'/a, that portion of the NE'/4NW'/4 Westerly of the centerline of East Elk Creek and
Southerly of the Southerly right of way of County Road No. 245, and that portion of the SE'/4NW1/4 Westerly of the
centerline of East Elk Creek, all in Section 25, Township 5 South, Range 91 West of the 6th P.M., said parcel of land is
described as follows:
Beginning at the North Quarter corner of said Section 25, a rebar and cap in place, thence South 89°38'13" West 1325.52
feet along the Northerly line of said Section 25; thence South 00°15'35" East 30.00 feet to a point on the Southerly line of
said County Road, the TRUE POINT OF BEGINNING; thence North 89°34'49" East 340.22 feet along the Southerly line
of said County Road, to a point in the center of said East Elk Creek; thence along said centerline of the creek by the
following courses and distances; South 10°53'28" West 124.04 feet; thence South 09°24'53" East 136.26 feet; thence
South 14°26'17" West 201.28 feet; thence South 39°39'52" West 131.00 feet; thence South 15°25'51" West 69.40 feet;
thence South 15°06'27" East 167.31 feet; thence South 34°29'28" East 90.40 feet; thence South 64°52'37" East 161.99
feet; thence South 38°27'30" East 86.80 feet; thence South 11°23'24" West 70.20 feet; thence South 63°27'45" West
211.82 feet; thence South 15°07'25" West 232.64 feet; thence South 40°46'03" East 39.65 feet; thence South 25°26'55"
East 101.86 feet; thence South 28°27'36" East 54.19 feet; thence South 33°48'27" East 208.68 feet; thence South
10°15'22" West 222.73 feet; thence South 34°48'38" East 77.46 feet; thence South 79°15'48" East 165.05 feet; thence
South 17°24'50" East 250.85 feet; thence South 52°22'14" East 171.59 feet; thence South 32°45'30" East 112.71 feet;
thence South 11°18'50" East 124.69 feet to a point on the East-West centerline of said Section 25; leaving said centerline
of creek South 89°12'52" West 2193.47 feet; thence along the East-West centerline of Section 25 to the West Quarter
corner of said Section 25; thence North 00°30'07" West 1317.40 feet along the Westerly line of said Section 25 to the
Northwest corner of the SW'/4NW'/4 of said Section 25; thence North 89°26'10" East 1319.85 feet along the Northerly
line of said SW'/4NW1/4 to the Northeast corner of the SW'/4NW'/4 of said Section 25; thence North 00°15'35" West
1282.18 feet along the Easterly line of the NW1/4NW1/4 of said Section 25 to a point on the Southerly right of way of said
County Road, the True Point of Beginning.
File No. 1806052
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
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.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
6. Note: Per Statement of Authority recorded January 23, 2013 as Reception No. 830414 the person(s) authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property are Brett Jolley; Jeanne Jolley on behalf of 4J,
LLC
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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 may 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 appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
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
may be obtained from the County Treasurer's authorized agent; 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §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.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1806052
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 as Iteet:piion No. 111871.
11. Right of way for ditches and canals in place an in use.
12. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural
causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Elk Creek
lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument
or marker for purposes of describing or locating subject lands.
13. Reservation of %2 of all minerals and mineral rights, including oil and gas in instrument recorded December 6, 1963 as Reception No.
223610 and any and all assignments thereof or interests therein.
14. Reservation of an undivided one-half interest in and to all oil, gas and minerals in instrument recorded December 30, 1963 as Reception
No, 223861 and any and all assignments thereof or interests therein.
15. Garfield County Resolution No. 82-107 recorded May 12, 1982 in Hook 599 tit rage 230.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 19, 2018
File No. 1806050
Property Address. 1793 County Road 245, New Castle
Olszewski, Massih & Maurer, P.C,
1204 Grand Avenue
Glenwood Springs, CO 81601
Attn: Amanda Maurer
Email: amanda@ommpc.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1806050
1. Effective Date: June 12, 2018 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06) N/A
Proposed Insured:
3, The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Brett L. Jolley and Jeanne L. Jolley
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Patrick/ P. 3w4/-weW
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1806050
EXHIBIT "A"
A parcel of land in the NE1/4NW1/4 and in the SE1/4NW1/4, Section 25, Township 5 South, Range 91 West of the Sixth
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25;
thence South 11° 45'29" West 1546.23 feet to a point on the Southwesterly Right -of -Way of
County Road No. 245; the true POINT OF BEGINNING;
thence South 63° 36'01" West 120.00 feet;
thence South 46° 20'37" West 492.37 feet;
thence South 69° 49'21" West 168.88 feet to a point in East Elk Creek;
thence along lines in East Elk Creek the following courses and distances;
North 10° 15'22" East 222.73 feet;
thence North 33° 48'27" West 208.68 feet;
thence North 28° 27'36" West 54.19 feet;
thence leaving said East Elk Creek North 55° 41'19" East 85.29 feet along a lane centerline;
thence North 60° 06'03" East 663.57 feet along a lane centerline to a point in the South -Westerly
Right -of -Way of County Road No. 245;
thence leaving said lane and along said Right -of -Way the following courses and distances:
85.22 feet along the arc of a curve to the right, having a radius of 622.38 feet and chord of
which bears: South 15° 08'13" East 85.15 feet;
thence South 11° 12'52" East 290.91 feet to the True Point of Beginning.
TOGETHER with that parcel described in Quit Claim Deed recorded March 5, 1996 in Hook 969 at Page 205 as
Reception No. 489771.
ALSO TOGETHER with that parcel described in Quit Claim Deed recorded March 28, 1996 in Book 971 at Page 990 as
Reception No. 490806.
LESS AND EXCEPT that parcel described in Grant Deed recorded March 28, 1996 in Book 971 at Page 991 as
Reception No. 490807.
File No. 1806050
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
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.
.This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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 may 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 appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
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
may be obtained from the County Treasurer's authorized agent; 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §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.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1806050
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in Book 12 at Page 63.
10. Reservation of one-half of all minerals and mineral rights including oil and gas as reserved by Willis Kissee and Eunice Kissee in deed
recorded December 6, 1963 in Book 354 al Page 462, and any and all interests therein or assignments thereof.
11. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Charles A. Wear and
Ida E. Wear in deed recorded December 30, 1963 in Book 355 at Page 107 and any and all interests therein or assignments thereof.
12. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Karl O. Larson and
Hazel R. Larson in deed recorded October 4, 1973 in Book 450 at Page 326 and any and all interests therein or assignments thereof.
13. Utility easement 20 feet in width described in deed recorded May 17, 1978 in Book 510 :1l Page 32 and in deed recorded May 25, 1978 in
Book 510 at Page 441.
14. Terms, conditions and all matters set forth in Garfield County Resolution No. 92-015 recorded March 5, 1992 in Book 825 at Page 125.
15. Easements, rights of way, notes and all matters set forth on the Huber SB -35 Exemption Plat recorded March 13, 1992 as Reception No.
432547, except those easements extinguished by deed recorded March 5, 1996 in Book 969 at Page 205 and in deed recorded March 28,
1996 in Book 971 at Page 990.
16. Easements and rights of way for the Connally Ditch, the Haggerty Enlargement of the Coryell Ditch and the Larson Ditch, insofar as they
may affect subject property.
17. Terms, conditions, easements and all matters set forth and described in Easement Agreement recorded March 28, 1996 in Book 971 at
Page 988.
18. Easements described in instrument recorded March 28, 1996 in Book 971 at Page 991.
19. Terms and conditions of agreement recorded March 29, 2005 in Book 1674 at Page 288.
20. Terms and conditions of Easement agreement recorded March 28, 1996 in Book 971 at Page 988.
21. Easement Contained in instrument recorded March 28, 1996 in Book 971 al Page 991.
22. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment Schedule B - Section 2 Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
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Garfield County Land Explorer
FEXA 3
Parcel 3: 2125-252-00-132
1793 CR 245
Parcel
Physical Address Owner Account
Num
Mailing Address
212525200074
212525200081
212525200103
212525200132
212525200133
212525202001
212525202002
1795 245 COUNTY
RD NEW CASTLE
1802 245 COUNTY ZIMMERER, RICHARD W R013003
RD NEW CASTLE
4J LLC
R013105
2095 245 COUNTY 4J LLC
RD NEW CASTLE
1793 245 COUNTY JOLLEY, BRETT L & R130315
RD NEW CASTLE JEANNE L
Not available NEW 4J LLC R130316
R013245
CASTLE
1808 245 COUNTY GUFFEY, MICHAEL R & R009114
RD NEW CASTLE JOY E
1804 245 COUNTY BOND, DAMON T & R009115
RD NEW CASTLE PAHLER-BOND PAIGE K
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1802 COUNTY ROAD 245 NEW
CASTLE, CO 81647-0345
2242 COUNTY ROAD 512
STEPHENVILLE, TX 76401
1793 COUNTY ROAD 245 NEW
CASTLE, CO 81647
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1808 COUNTY ROAD 245 NEW
CASTLE, CO 81647
PO BOX 127 NEW CASTLE, CO
81647-0127
Garfield County Land Explorer
Parcel 2: 2125-252-00-103
2095 CR 245
Parcel Physical
Address
Owner
Account Mailing Address
Num
212514200125
212524300019
212525200074
212525200103
212525200104
212525200132
212525200133
212525200151
212525200152
212525300026
212525300077
212526100030
1862 243
COUNTY RD
NEW CASTLE
2025 245
COUNTY RD
NEW CASTLE
1795 245
COUNTY RD
NEW CASTLE
2095 245
COUNTY RD
NEW CASTLE
2101 245
COUNTY RD
NEW CASTLE
1793 245
COUNTY RD
NEW CASTLE
Not available
NEW CASTLE
2135245
COUNTY RD
NEW CASTLE
2171 245
COUNTY RD
NEW CASTLE
Not available
NEW CASTLE
1679 245
COUNTY RD
NEW CASTLE
Not available
NEW CASTLE
MEADOW CREEK LLC
BRANNAN PROPERTIES INC
4J LLC
4J LLC
4J LLC
JOLLEY, BRETT L & JEANNE L
4J LLC
SOS, CHERYL L & WYCKOFF, RICHARD
DALE
BOWKER, SAMUEL F & KERN-BOWKER,
NANCY
ALPINE TRUST & ASSET MGMT DIV OF
ALPINE BANK AS TRUSTEE FOR TRUST
UNDER WILL OF HENRY P WILLIAMS JR
FBO WILLIAMS, ERIC C
LEONARD 2014 DYNASTY TRUST, JOEL
T
ALPINE TRUST & ASSET MGMT DIV OF
ALPINE BANK AS TRUSTEE FOR TRUST
UNDER WILL OF HENRY P WILLIAMS JR
FBO WILLIAMS, ERIC C
R150195
R013261
R013105
R013245
R013246
1411 MOCKINGBIRD
PLACE LOS ANGELES,
CA 90069
401 W REDONDO BEACH
BLVD GARDENA, CA
90248
2101 COUNTY ROAD 245
NEW CASTLE, CO 81647
2242 COUNTY ROAD 512
STEPHENVILLE, TX
76401
2101 COUNTY ROAD 245
NEW CASTLE, CO 81647
R130315 1793 COUNTY ROAD 245
NEW CASTLE, CO 81647
R130316 2101 COUNTY ROAD 245
NEW CASTLE, CO 81647
R130369 2135 COUNTY ROAD 245
NEW CASTLE, CO 81647
R130370 2171 COUNTY ROAD 245
NEW CASTLE, CO 81647-
9401
R013204 225 N 5TH STREET
GRAND JUNCTION, CO
81501
R013050 1210 EAST CRABTREE
DRIVE ARLINGTON
HEIGHTS, IL 60004
R015116 225 N 5TH STREET
GRAND JUNCTION, CO
81501
Garfield County Land Explorer
Parcel 1: 2125-252-00-074
1795 & 2027 CR 245
Parcel
Physical Address
Owner
Account
Num
Mailing Address
212524300019
212525200074
212525200081
212525200083
212525200103
212525200104
212525200132
212525200152
212525201001
212525202001
212525202002
2025 245 COUNTY
RD NEW CASTLE
1795 245 COUNTY
RD NEW CASTLE
1802 245 COUNTY
RD NEW CASTLE
76 241 COUNTY RD
NEW CASTLE
2095 245 COUNTY
RD NEW CASTLE
2101 245 COUNTY
RD NEW CASTLE
1793 245 COUNTY
RD NEW CASTLE
2171 245 COUNTY
RD NEW CASTLE
1806 245 COUNTY
RD NEW CASTLE
1808 245 COUNTY
RD NEW CASTLE
1804 245 COUNTY
RD NEW CASTLE
BRANNAN PROPERTIES
INC
4J LLC
ZIMMERER, RICHARD W
PRISTAS, PAUL J & JEAN
(GAY)
4J LLC
4J LLC
JOLLEY, BRETT L &
JEANNE L
BOWKER, SAMUEL F &
KERN-BOWKER, NANCY
RINKER, STACEY
GUFFEY, MICHAEL R &
JOY E
BOND, DAMON T &
PAHLER-BOND PAIGE K
R013261
R013105
R013003
R013023
R013245
R013246
R130315
R130370
R013241
R009114
R009115
401 W REDONDO BEACH BLVD
GARDENA, CA 90248
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1802 COUNTY ROAD 245 NEW
CASTLE, CO 81647-0345
76 COUNTY ROAD 241 NEW
CASTLE, CO 81647
2242 COUNTY ROAD 512
STEPHENVILLE, TX 76401
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1793 COUNTY ROAD 245 NEW
CASTLE, CO 81647
2171 COUNTY ROAD 245 NEW
CASTLE, CO 81647-9401
1806 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1808 COUNTY ROAD 245 NEW
CASTLE, CO 81647
PO BOX 127 NEW CASTLE, CO
81647-0127
FEXA 4
JOLLEY, 4J LLC 1 FINAL PLAT AMENDMENT APPLICATION
FILE NO.: FEXA-03-19-8722
The severed mineral interests for each property identified by their respective Parcel IDs
were identified in the previously provided title commitments for the application and were
researched on the Garfield County Assessor and Clerk and Recorder websites.
Parcel ID: 2125-252-00 132 1793 CR 245, New Castle, CO 81647
Undivided one-half interest as reserved by:
Willis Kissee and Eunice Kissee, address unknown
[DECEASED]
Reception No. 223610 on December 6, 1963.
Undivided one-half interest as reserved by:
Charles A. Wear and Ida E. Wear, address unknown
Reception No. 223861 on December 30, 1963.
Undivided one-half interest as reserved by:
Karl O. Larson and Hazel R. Larson, address unknown
Reception No. 260235 on October 4, 1973.
Parcel ID: 2125-252-00 103 2095 CR 245, New Castle, CO 81647
Undivided one-half interest as reserved by:
Willis Kissee and Eunice Kissee, address unknown
[DECEASED]
Reception No. 223610 on December 6, 1963.
Undivided one-half interest as reserved by:
Charles A. Wear and Ida E. Wear, address unknown
Reception No. 223861 on December 30, 1963.
Parcel ID: 2125-252-00-074 1795 & 2027 CR 245, New Castle. CO 81647
Undivided one-half interest as reserved by:
Willis Kissee and Eunice Kissee, address unknown
Reception No. 223610 on December 6, 1963.
Reservation of life estate reserved by:
James H. Slappey and Brenda C. Slappey, as Trustees
of the James and Brenda Slappey Joint Revocable Trust
dated March 18, 2005 with remainderman interest to 4J,
LLC [???]
421 North Meadows Drive, Rifle, CO 81650
Reception No. 840952 on September 19, 2013.
Mineral Information - FEXA
FEXA 6
JOLLEY, 4J LLC 1 AMENDED FINAL PLAT
HUBER SUBDIVISION EXEMPTION APPLICATION
FILE NO.: FEXA-03-19-8722
Waiver Request concerning Subdivision Improvements Agreement
The Applicant requests a waiver of the need for a Subdivision Improvements
Agreement ("SIA") because there are no improvements requested with this application.
FEXA 7
JOLLEY, 4J LLC 1 AMENDED FINAL PLAT
HUBER SUBDIVISION EXEMPTION APPLICATION
FILE NO.: FEXA-03-19-8722
Point by point responses to Article 7 Standards, Divisions 1, 2, 3 & 4 of the Garfield
County LUDC.
COMPLIANCE WITH ARTICLE 7, STANDARDS DIVISIONS 1 — 4
The following section of this application addresses compliance with the criteria and
standards of Article 7, Standards Divisions 1-4 of the Garfield County Land Use and
Development Code. Responses to each criterion are in "italics". Where standards don't
apply, NA or reason for non -applicability will be stated.
DIVISION 1
GENERAL APPROVAL STANDARDS
Section 7-101
Compliance with Zone District Use Regulations.
Response: The subject properties are in the County's Rural Zone District,
which encompasses rural residential areas, agricultural resource lands, and
agricultural production areas.
Section 7-102
Compliance with Comprehensive Plan and Intergovernmental Agreements
Response: The proposed land use is generally in conformance with the
County's Comprehensive Plan.
Section 7-103
Compliance with Compatibility
Response: This application will not change the current use of the
Property. The nature, scale, and intensity of the proposed use is
compatible with adjacent land uses.
Section 7-104
Compliance with Source of Water
Response: The subject properties have physical and legal water supplies,
which the County has already approved. Wells have been permitted and
constructed on the properties. This application will not change the current
water supply or usage. Applicants are not seeking approval of any new
development or use.
Section 7-105
Compliance with Central Water Distribution and Wastewater Systems
Response: Applicants have already constructed and utilized septic
systems on the subject properties pursuant to permits the County
previously issued. These systems are adequate to serve the proposed use
and density. The application is not seeking a change in the existing use or
density.
Section 7-106
Compliance with Public Utilities
Response: Adequate public utilities have served the properties since the
construction of each residence and are available and adequate to serve the
proposed land use.
Section 7-107
Compliance with Access and Roadways
Response: The subject properties have adequate ingress and egress to the
said tracts by way of various access easements that have been recorded
and are included in the title commitments previously submitted.
Applicants are not seeking approval of any new road development or use.
The applicants have attached a legal description for an access easement
depicted in the plat submittals to this response.
Section 7-108
Compliance with Use of Land Subject to Natural Hazards
Response: As the subject properties are adjacent to Elk Creek, it is
otherwise the Applicants' understanding that the subject properties lie
outside of any identified slope, soils, and surficial hazard areas according
to the Garfield County Geologic Hazard GIS. In addition, Applicants are
not seeking approval of any new development or use.
Section 7-109
Compliance with Fire Protection (A & B)
Response: The proposed use meets the standards identified in 7-109 and
the Applicants are not seeking approval of any new development or use
that would impact compliance.
DIVISION 2
GENERAL RESOURCE PROTECTION STANDARDS
Section 7-201
Compliance with Agricultural Lands
Response: The proposed use does not impact agricultural operations,
domestic animal controls, fences, roads or ditches as the Applicants are
not seeking approval of any new development or use.
Section 7-202
Compliance with Wildlife Habitat Areas
Response: The proposed use will not impact wildlife habitat areas as the
Applicants are not seeking approval of any new development or use.
Section 7-203
Compliance with Protection of Waterbodies
Response: The 35-foot development setback from the typical high water
mark of Elk Creek will be maintained as the Applicants are not seeking
approval of any new development, use or storage of hazardous materials.
Section 7-204
Compliance with Drainage and Erosion
Response: The proposed use will not impact any erosion, sedimentation,
drainage or stormwater run-off as the Applicants are not seeking approval
of any new development or use.
Section 7-205
Compliance with Environmental Quality (A and B)
Response: The proposed use will not impact the air or water quality as the
Applicants are not seeking approval of any new development or use.
Section 7-206
Compliance with Wildfire Hazards
Response: The subject properties are not in an elevated wildfire zone and
the Applicants are not seeking approval of any new development or use.
Section 7-207
Compliance with Natural and Geologic Hazards
Response: It is Applicants' understanding that the subject properties lie
outside any identified slope, soils, and surficial hazard areas according to
Garfield County Geologic Hazard GIS and further, the Applicants are not
seeking approval of any new development or use.
Section 7-208
Compliance with Reclamation
Response: n/a as the Applicants are not seeking approval of any new
development or use.
DIVISION 3
SITE PLANNING AND DEVELOPMENT STANDARDS
Section 7-301
Compliance with Compatible Design
Response: The subject properties' site plan is compatible with the
existing character of adjacent land uses and will comply with this section
as the Applicants are not seeking approval of any new development or
use.
Section 7-302
Compliance with Off -Street Parking and Loading Standards
Response: n/a as the Applicants are not seeking approval of any new
development or use.
Section 7-303
Compliance with Landscaping Standards
Response: The proposed use will not impact the landscaping standards as
the Applicants are not seeking approval of any new development or use.
Section 7-304
Compliance with Lighting Standards
Response: The proposed use will not impact the lighting standards as the
Applicants are not seeking approval of any new development or use.
Section 7-305
Compliance with Snow Storage Standards
Response: The proposed use will not impact the snow storage standards as
the Applicants are not seeking approval of any new development or use.
Section 7-306
Compliance with Trail and Walkway Standards
Response: The proposed use will not impact the trail and walkway
standards as the Applicants are not seeking approval of any new
development or use.
DIVISION 4
SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
Section 7-401
Compliance with General Subdivision Standards
Response: The proposed use will comply with the general subdivision
standards as the Applicants are not seeking approval of any new
development or use.
Section 7-402
Compliance with Subdivision Lots
Response: The proposed use will comply with the subdivision lots as the
Applicants are not seeking approval of any new development or use.
Section 7-403
Compliance with Survey Monuments (A and B)
Response: The proposed use will comply with the survey monuments as
the Applicants are not seeking approval of any new development or use.
Section 7-404
Compliance with School Land Dedication (A — C)
Response: n/a as the Applicants are not seeking approval of any new
development or use.
Section 7-405
Compliance with Road Impact Fees
Res•onse: n/a as the Applicants are not seeking approval of any new
development or use.
DIVISION 5
DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS
Section 7-401
Compliance with Design Standards for Conservation Subdivisions
Response: n/a as the Applicants are not seeking approval of any new
development or use.
Parcel ID:
Parcel 3
Parcel ID:
Parcel 2
Parcel ID:
Parcel 1
FEXA 8
JOLLEY, 4J LLC 1 AMENDED FINAL PLAT
HUBER SUBDIVISION EXEMPTION APPLICATION
FILE NO.: FEXA-03-19-8722
Existing Subdivision Exemptions
2125-252-00 132
2125-252-00 103
2125-252-00-074
1793 CR 245, New Castle, CO 81647
Resolution No. 92-015
Recorded March 5, 1992 at 432229
Walter Huber and the BOCC for the division of a 19.34
acre tract into Lot 1 and Lot 2 and exemption from
Subdivision Regulations.
2095 CR 245, New Castle, CO 81647
Resolution No. 82-107
Recorded May 12, 1982 at 327662
Robert and Naomi Mayo and the BOCC for the division
an 86 -acre tract into Tract A (approx. 20 acres) and Tract
B (approx. 66 acres) and exemption from Subdivision
Regulations.
1795 & 2027 CR 245, New Castle, CO 8I647
Resolution No. 92-015
Recorded March 5, 1992 at 432229
Walter Huber and the BOCC for the division of a 19.34
acre tract into Lot 1 and Lot 2 and exemption from
Subdivision Regulations.
-
5"W
212525206083
212525200130
0
0
4"V
0
Pub kc Lands
Commercial./Limited
Planned Development
Planned .frit Devatoprnent
Resource Lands
Ree;dentialfr,tobile Houle Park
Res+dentiaVVrban
RECORDED AT �O'CLOCKIF.M. MAR 5 1992
AEC s 432229 MILDRED ALSDORF. COUNTY CLERK
STATE OF COLORADO )
)ss
County of Garfield )
BOOK 825 PtcE1-25
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on MondaY ,the 2nd of March A.D. 19 92 , there were present:
arnol d L. Mackley.
Elmer (Buckev) Arbaney
Marian T. Smith
[Inn rlaFnra
Commissioner Chairman
Commissioner
Commissioner
_Mildred Alsdorf
Chuck Peschenes
County Attorney
. Clerk of the Board
County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO 92-015
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WALTER HUBER.
WHEREAS, Walter Huber 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 April 23, 1984, Section 8:00 through 8:60 and for the division of
a 19.34 acre tract as described in Book 510, Page 441, as filed in the Offices of the Clerk and Recorder
ofGarfield County, Colorado, into two parcels ofapproximately 12.77 acres and 6.57 acreseach, more
or less, which the proposed small tract is more practically described as follows:
Lot 1: See Attached
Lot 2: See Attached
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the
location of septic tanks will be permitted by the Colorado Department of Health, that the requested
division is not part of an existing or larger development and does not fall within the general purposes
and intent of the Subdivision Regula' ions of the State of Colorado and the County of Garfield, and
BOOK 825 rAcEi26
should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land"
as sit forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended;
NOW THEREFORE, BE IT RESOLVED that the division of the above described parcel "1"
and "2" from the above described 19.34 acre tract is hereby exempted from such definitions and may
be conveyed in the form of such parcel "1" and "2", as is more fully described above and that a copy
of the instrument or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 2ndday of March
ATTEST:
Cle of the Board
vote:
A.D. 19 92
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
e
Elmer {Bur.key) Arbanev
Marian I. Smith
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
Aye
I, , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19_....
County Clerk and ex -officio Clerk of the Board of County Commissioners
-PA13CEL A BOOK g15 mmEl27 .
A parcel of land in the SE 1/4 NW 1/4 Sect ion 25, Township 5
South, I'ange 91 West of the Sixth Principal Meridian being more
fully described as follows:
Beginning at- the North Quarter Corner of said Section 25, thence
5. 1.1° 45' 29" W. 1546.23 .feet to a point on the southwesterly
right-of-way of County Road No. 245 the true point of beginning;
thence alone said right-of-way the following courses and
distances: S. 11° 1.2' 52" E. 113.00 feet; thence 221.39 feet
along the arc of a curvc.to the left, having a radius of 691.539
feat and chord of which bears: S. 20° 23' 07" E. 220.44 feet ;
thence S. 2.9° 33' 25" E. 350.91 feet; thence 76.24 feet along the
arc of a curve to the left, having a radius of 349.99 -feet and a
chord of which bears: S. 35° 47' 50" E. 76.09 feet to a point on
said Section 25 North-South centerline; thence leaving said
right-of-way and along said North-South centerline S. 00° 02' 00"
E. 416.62 feet, the center of sai.d Section _25; thence leaving
sai.d North-South centerline and along the East-West centerline S.
89° 11' 40" W. 436.05 feet to •a point in East Elk Creek; thence
leaving said East-West centerline•and'al-ong lines in East 'Elk
Creek the following courses and distances:- N. 11° 18' 50" W.
124.86 feet; thence N. 32° 45' 30" W. 112.71 feet; thence N. 52°
22' 14" W. 171.59 feet; thence N. 17° 24' 50" W. 250.85 feet;
thence N. 79° 15' 48" W. 165.05 feet; thence N. 34° 48' 38" W.
77.46 feet; thence leaving East Elk Creek N. 69° 49' 21" E.
168.88 feet; thence- N. 46° 20' 37" E. 49.2.37 feet; thence N. 63.°
36' 01" E. 120.00 feet to the true point of beginning. Said
parcel of land contains 12.77 acres more or less.
PARCEL B
A parcel of land in the NE 1/4 NW 1/4 and in rhe St 1/4 NW 1/4,
Section 25, Township 5 South,, Range 91 West, of the Sixth
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25, thence
S. 11° 45' 29" W. 1546.23 feet to a point on the southwesterly
eight -of -way of County Road no. 245; the true point' of beginning;
thence S. 63° 36' .01" W. 120.00 feet; thence S. 46° 20' 37" W.
492.37 feet; 'thence S. 69° 49' 21" W. 168.88 feet to a point. in
East Elk Creek; thence along lines in.East Elk Creek the
following courses and distances; N. 10° 15' 22" E. 222.73 feet;
thence N. 33° 48' 27" W. 208.66 feet; thence N. 28° 27' 36" W.
54.19 feet; thence leaving said East Elk Creek N. 55° 41' 19" E.
85.29 feet along a lane centerline; thence N. 60° 06' 03" E.
663.57 feet along a lane centerline ro a point in the south-
westerly right-of-way of County Road no. 245; thence leaving said
lane and along said right-of-way the following courses and
distances: 85.22 feet along the arc of a curve to the right,
having a radius of 622.38 feet. and chord of which bears: S. 15°
08' 13-" E. 85.15 feet; thence S. 11° 12' 52" E. 290.91 feet to
the true point of beginning. Said parcel of land contains 6.57
acres more or less.
BOOK 825 PacEI253
LEGAI, DESCRIPTION OF 'PIIRU ACCESS IN PARCEL A
A strip of land thirty feet in width for 1I'- purpose of access,
drainage and i r'r►gat ion ditch easement, being 15 feet on each
side of the following described centerline. Beginning at the
Southeast c•ctner of the SE 1/4 NW 1/4 of :said Section 25; thence
along they South line of said SI, 1/4 NW 1/4, S. 89° I1' 40" W.
1 J.00 lent to a pui nt in the centerline of sa i 0 easement-; thence
tj (.' fc'�llucti'►ny courses and distances along said l'ds IIIE'r1t
c-c'nt er l i nc N. 000 02' 00" W. 21''.54 feet; thence 136.77 f',et
along the arc of a curve to the left-, having a radius of 324.98
feet, a cent ra l angle of 240 28' 00"; t -hence M. 24° 30' 00" W:'
300.00 feet; thence 198.75 feet alone the arc of a curve lo
left, having a radius of 990.24 feet, a central angle of 110 30'..,r
00"; thence 71.26 feet along the arc of a curve to the right..',-
having
ie,ht,''having a radius of 42.09 feet, a central angle of 970 00' 00" to
a point on the southwesterly right-of-way of County (toad No. 245'':
the point of termination.
STATE OF COLORADO
County of Garfield
MK 599 PeGE230
'tecorded at ,P.t 14 o'clock M. MAY 1 2 1982
Raeaption No. 327662 MILDRE) ALSDORF, RECORDER
Ate..,.... $.. r.......................................meetly9 -of the Board
!laid at the Court House in Glenwood Springs on.. ..................... . a. x
...... ................,............, A D. 19. Ag , three were present:
'ftay.eY!...J. Cerise
................
.. AMgene ,IYri�taLchouse
......................
Larry...'Uera$guez
Earl G. Rhodes
when the following proceedings, 'mow others were had and done, to.wit:
of County Commisalonsrs for Oarfr�leid County, Cateredo,
the........, .Y..1 .................slay of
, Commissioner Chairman
... , Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
RESOLUTION # 82-107
A RESOLUTION CONCERNED WITH AN EXEMPTION FROM FULL SUBDIVISION FOR
ROBERT AND NAOMI MAYO.
WHEREAS, Robert and Naomi Mayo have petitioned the Board of
County Commissioner 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
.January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division
of an 86 acre tract described as follows:
that parcel of land as described in Document No. 289633 as
filed in the Office of the Clerk and Recorder of Garfield
County, Colorado into 2 tracts of approximately 20 and 66
acres each, more or less, which proposed divided tract
is more particularly described as follows:
Tract A:
All the real property described as "SkNWkNW4 Section 25,
Township 5 South, Range 91 West of the Sixth Principal
Meridian together with an access through part of the Ek
NWS Section 25, Township 5 South, Range 91 West of the
Sixth Principal Meridian, said access described as follows:
Beginning at the North Quarter Corner gf said Section 25,
a rebar and cap in place, thence S. 89'38'13"W., 1325.52
feet along the Northerly line of said Section 25; thence
5.00°15'35"E., 30.00 feet to a point of the Southerlyy line
of said County Road, the True Point of Beginning; thence
N.89°34'49"E., 50.00 feet along the Southerly line of said
County Road; then S. 00°15'35"E., 1000.00 feet; thence
S.89°38"13"W. 50.00 feet to a point an the Easterly line
of the NWWW4 of said Section 25; thence N, 00°15'35"W.
1000.00 feet along the Easterly line of the NWkNWk of
said Section 25 to a point on the Southerly right-of-way
of said County Road, the True Point of Beginning.
Tract B:
The remaining 66 acres (in the State of Colorado and
County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado,
that the proposed division does not fall within the purposes of
Park 1, Article 28, Title 30,_Colorado Revised Statutes 1973,
as amended, for the reason that the impact created does not warrant
further subdivision review.
Box 599 rwE231
WHEREAS, the Petitioners have demonstrated to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado
that there is a reasonable probability of locating domestic water
on each of said tracts, that there is adequate ingress and egree
to said tracts, that the location of septic ranks will be permitted
by the Colorado Department of Health, that the requested division
is not -part of an existing or larger develop:ant and does not fall
within the general purposes and intent of the subdivision regulations
of the State of Colorado and the County of Garfield, and should,
therefore, be exempted from the definition of the terms "subdivision"
and "Subdivided land" as set north in C.R.S. 1973, 30-28-101 (a) -(d),
as amended;
NOW, THEREFORE, BE IT RESOLVED that the division of the above
described tracts "A", "B", from the above described 86 acre tract
is hereby exempted from such definitCons and said tract may be
divided into tracts "A", "B", all as is more fully described above,
and said divided tract may be conveyed in the form of such smaller
tracts without further r'mpliance with the aforesaid subdivision
statutes and regulat4,:. ,rovided, however, that this exemption
is granted on the co, di f i -.1 and with the exp-ess understanding and
agreement of the Pen. Mrs that no further exemptions be allowed
on said tracts "A", "B' , and that a copy of the instrument or
instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this /0 day of May, 1982.
THE BOARD OF COUNTY COMMISSiON13RS
OF GARFIELD COUNTY, COLORADO.
Upon motion duly mode and seconded the foregoing Resolution was adopted by the following vote:
Aye
STATE OF COLORADO
County of Garfield
..,Aye
Ay.
Commissioners
I County Cler;r and exofficio Clerk of the Board of County Commissioners
In and for the County and State aforesaid do hereby certify that the annexed and foregoing Order Is truly copied front the Records of
the Proceedings of the Board of County Commissioners for said Garfield County, now In my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
this day of A.D. 19
County Clerk and exofficie Clerk of the Board of County Commissioner,.
RECORDED AT / ''-
,7 O'CLOCK4 .M. MAR 5 1992
REC t 432229 MILDRED ALSDORFr COUNTY CLERK
STATE OF COLORADO )
)ss
County of Garfield )
BOOK 825 PAGE125
At a revular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the 2nd of March A.D. 19 92 , there were present:
Arnold L. Mackjey
Elmer (Buckev) Arbaney
Marian I. Smith
Dan nefinrd
Commissioner Chairman
Commissioner
Commissioner
Mildred Algdorf
Chuck Dechenes
County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO 92-015
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WALTER HUBER.
WHEREAS, Walter Huber 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 April 23, 1984, Section 8:00 through 8:60 and for the division of
a 19.34 acre tract as described in Book 510, Page 441, as filed in the Offices of the Clerk and Recorder
o f Garfield County, Colorado, into two parcels of approximately 12.77 acres and 6.57 acres each, more
or less, which the proposed small tract is more practically described as follows:
Lot 1: See Attached
Lot 2: See Attached
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the
location of septic tanks will be permitted by the Colorado Department of Health, that the requested
division is not part of an existing or larger development and does not fall within the general purposes
and intent of the Subdivision Regular ions of the State of Colorado and the County of Garfield, and
BOOK 825 pAoE126
should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land"
as v. --t forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended;
NOW THEREFORE, BE IT RESOLVED that the division of the above described parcel "1"
and "2" from the above described 19.34 acre tract is hereby exempted from such definitions and may
be conveyed in the form of such parcel "1" and "2", as is more fully described above and that a copy
of the instrument or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 2rK3_._ day of March , A.D. 19 92
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Cie& of the Board Chairman
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Arnold L. Mackl.ey
Elmer (Brr]ryy) Arbaney
Marian I with
STATE OF COLORADO )
)ss
County of Garfield )
Aye
Aye
, Aye
I, , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of _._ A.D. 19__.
County Clerk and ex -officio Clerk of the Board of County Commissioners
BOOk 825 eacE127
A parcel' df land in the SE 1/4 NW 1/4 Section 25, Township 5
South, 1'ange 91 West of the Sixth Principal Meridian being more
fully described as follows:
Beginning au the North Quarter Corner of said Section 25, thence
S. 11° 45' 29" W. 1546.23'feet to a point on the southwesterly
right. -of -way of County Road No. 245 the true point of beginning;
thence along said right-of-way the following courses and
distances: S. 11° 1.2' 52" E. 113.00 feet; thence 221.39 feet
alone; the arc of a curve.to the left, having a radius of 691.539
feet and chord of which bears: S. 20° 23' 07" E. 220.44 feet;
thence S. 2'9° 33' 25" E. 350.91 feet; thence 76.24 feet along the
arc of a curve to the left,'havi.ng a radius of 349.99 feet and a
chord of which bears: S. 35° 47' 50" E. 76.09 feet to a point on
said Section 25 North-South centerline; thence leaving said
right-of-way and along said North-South centerline S. 00° 02' 00"
E. 416.62 feet, the center of said Section,25; thence leaving
said North-South centerline and along the East-West centerline S.
89° 11' 40" W. 436.05 feet to a point in East Elk Creek; thence
leaving said East-West centerline and along lines in East 'Elk
Creek the following courses .and distances: N. 11° 18' 50" W.
124.86 feet; thence N. 32° 45' 30" W. 112.71 feet; thence N. 52°
22' 14" W. 171.59 feet; thence N. 17° 24' 50" W. 250.85 feet;
thence N. 79° 15' 48" W. 165.05 feet; thence N. 34° 48' 38" W.-
77.46
:77.46 feet; thence leaving East Elk Creek N. 69° 49' 21" E.
168.88 feet; thence N. 46° 20' 37" E. 492.37 feet; thence N. 61°
36' 01" E. 120.00 feet to the true point of beginning. Said
parcel of land contains 12.77 acres more or less.
PARCEL B
A parcel of land in the NE 1/4 NW 1/4 and in the SL 1/4 NW 1/4,
Section 25, Township 5 South,. Range 91 West of the Sixth
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25, thence
S. 11° 45' 29" W. 1546.23 feet to a point on the southwesterly
night -of -way of County Road no. 245; the true 'point -of beginning;
thence S. 63° 36' •01" W. 120.00 feet; thence S. 46° 20' 37" W.
492.37 feet; "thence S. 69° 49' 21" W. 168.88 feet to a point. in
East Elk Creek; thence along lines in.East Elk Creek the
fol lowi ny courses and distances; N. 10° 15' 22" E. 222.73 feet;
thence N. 330 48' 27" W. 208.68 feet; thence N. 28° 27' 36" W.
54.19 feet; thence leaving said East Elk Creek N. 55° 41' 19" E.
85.29 feet along a lane centerline; thence N. 60° 06' 03" E.
663.57 feet along a lane centerline to a point, in the south-
westerly right-of-way of County Road no. 245; thence leaving said
lane and along said right-of-way the fallowing courses and
distances: 85.22 feet along the arc of a curve to the right;
having a radius of 622.38 feet. and chord of which bears: S. 15°
08' 13" E. 85.15 feet; thence S. 11° 12' 52" E. 290.91 feet to
the true point of beginning. Said parcel of land contains 6.57
acres more or less.
BOOK 825 PecEi253
LEGAL DESCRIPTION OF TURD ACCESS IN PARCEL. A
A strip of land thirty feet in width i:or the purpose of acct•s,;,
drainage and irrlga1 ion ditch eamcment, beincl 15 II?or on e en
side of tlw following described crn1 'cline•. Beginning at the
Southeast corner of the SK 1/4 NW 1/4 of said Section 25; thence
alone the South line of said SI, 1/4 NW 1/4, S. 89° 11' 40" W.
15.00 lett to a point in the ctrnrerli_ne of said easement; thence
the fo11Llwing courses and distances alone said e'ase'ment
ccent cr 1 i 11 N. 00° 02' 00" W. 219.54 feet; thence 138.77 ''',cit"
along the arc of a curve to thee left, having a r%dius of 32:.98
leer, a central angle of 24° 28' 00"; thence N. -4° 30' 00"
300.00 feet; thence 198.75 feet along the arc of a curve to the
left, having a radius of 990.24 feet, a central angle of 11° 30'.!
00"; thence 71.26 feet along the arc of a curve to the ric_,ht.'-
having a radius of 42.09 feet, a central angle of 97° 00' 00" to
a point on the southwesterly riyhr-of-way of County 8oad No. 2457;
the point of termination.
Certificate of Dedication and Ownership
The undersigned Brett L. Jolley and Jeanne L. Jolley and 4J, LLC,
being sole Owners in fee simple of all that real property situated in Garfield County, described as follows:
County Assessor Parcel No. 2125-252-00-074
County Assessor Parcel No. 2125-252-00-103
County Assessor Parcel No. 2125-252-00-132
County of Garfield
State of Colorado
all being further described as Origin Parcels 1, 2 and 3 on sheet 2 hereof;
Containing 82.63 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 Final Plat under the name and style of the AMENDED FINAL PLAT,
BASIC CORRECTION EXEMPTION AND BOUNDARY LINE ADJUSTMENT OF JOLLEY-4J, LLC PARCELS, a subdivision in
the County of Garfield. The Owners do hereby dedicate(s) to the Public Utilities those portions of said real property
which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and
maintenance of 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 easements 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.
Said Owners do also make the following additional dedications:
1. To the Public Utilities that portion of said real property which is labeled as a 10.0' Overhead Service Utility
Easement on the accompanying Plat as perpetual easements for the installation and maintenance of utilities
servicing the properties identified hereon, including but not limited to electric 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 easements and rights shall be utilized in a reasonable and
prudent manner.
2. To the owners, heirs and assigns of Resulting Parcel 2 and Resulting Parcel 3 that portion of said real property
which is labeled as a Private Access Easement on the accompanying Plat as a perpetual reciprocal easement for
agricultural access purposes, upon the condition that such easement and right be utilized by the beneficiaries
in a reasonable and prudent manner.
EXECUTED this day of , A.D., 2019.
Origin Parcel 1 and 3 Owner: 4J, LLC
Brett L. Jolley, as Member
Jeanne L. Jolley, as Member
STATE OF COLORADO
)ss
COUNTY OF GARFIELD
The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of
, A.D., 2019, by Brett L. Jolley and Jeanne L. Jolley, as Members of 4J, LLC.
My commission expires:
Witness my hand and official seal.
(SEAL)
Notary Public
Origin Parcel 2 Owner: Brett L. Jolley and Jeanne L. Jolley
Brett L. Jolley
Jeanne L. Jolley
STATE OF COLORADO
COUNTY OF GARFIELD
)
)ss
The foregoing Certificate of Dedication and Ownership was acknowledged before me this
, A.D., 2019, by Brett L. Jolley and Jeanne L. Jolley.
My commission expires:
Witness my hand and official seal.
(SEAL)
Notary Public
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,
DATED this
day of , A.D., 2019.
Garfield County Surveyor
Board of County Commissioner's Certificate
Based upon the review and recommendation of the Garfield County Director of Community
Development, the Board of County Commissioners of Garfield County, Colorado, hereby
approves this AMENDED FINAL PLAT OF JOLLEY-4J LLC PARCELS 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
separate resolution. This approval shall in no way obligate Garfield County for the
construction, repair or maintenance of public roads, highways or any other public dedication
shown hereon.
Chairman, Board of County Commissioners
Garfield County, Colorado
Witness my hand and seal of the County of Garfield.
ATTEST:
County Clerk
day of
AMENDED FINAL PLAT, BASIC CORRECTION EXEMPTION AND BOUNDARY LINE ADJUSTMENT OF:
JOLLEY-4J LLC PARCELS
A PARCEL OF LAND SITUATED IN NW1/4 OF SECTION 25
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6th P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 1 OF 4
GRAPHIC SCALE
300 0 150 300 600
1200
( IN FEET )
1 inch = 300 ft.
GOV
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4-•
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EAST ELK CREEK
1
4
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EAST ELK CREEK/
."F
<9>
MAP ID
PARCEL No.
OWNER NAME
OWNER ADDRESS
CITY
STATE
ZIPCODE
1
2125-252-00-074
4J, LLC
2101 COUNTY RD 245
NEW CASTLE
CO
81647
2
2125-252-00-103
4J, LLC
2101 COUNTY RD 245
NEW CASTLE
CO
81647
3
2125-252-00-132
BRETT L. & JEANNE L. JOLLEY
1793 COUNTY RD 245
NEW CASTLE
CO
81647
4
2125-243-00-019
BRANNAN PROPERTIES INC
401 W REDONDO BEACH BLVD
GARDENA
CA
90248
5
2125-252-01-001
RINKER STACEY
1806 COUNTY ROAD 245
NEW CASTLE
CO
81647
6
2125-252-02-001
GUFFEY MICHAEL R & JOY E
1808 COUNTY ROAD 245
NEW CASTLE
CO
81647
7
2125-252-00-081
ZIMMERER RICHARD W
1802 COUNTY ROAD 245
NEW CASTLE
CO
81647-0345
8
2125-252-00-133
4J, LLC
2101 COUNTY ROAD 245
NEW CASTLE
CO
81647
9
2125-253-00-077
LEONARD 2014 DYNASTY TRUST JOEL T
1210 EAST CRABTREE DRIVE
ARLINGTON HEIGHTS
IL
60004
10
2125-253-00-026
ALPINE BANK AS TRUSTEE FOR TRUST UNDER WILL OF HENRY P WILLIAMS JR FBO WILLIAMS ERIC C
225 N 5TH STREET
GRAND JUNCTION
CO
81501
11
2125-261-00-030
ALPINE BANK AS TRUSTEE FOR TRUST UNDER WILL OF HENRY P WILLIAMS JR FBO WILLIAMS ERIC C
225 N 5TH STREET
GRAND JUNCTION
CO
81501
12
2125-142-00-125
MEADOW CREEK LLC
1411 MOCKINGBIRD PLACE
LOS ANGELES
CA
90069
13
2125-252-00-104
4J, LLC
2101 COUNTY ROAD 245
NEW CASTLE
CO
81647
14
2125-252-00-152
BOWKER SAMUEL F & KERN-BOWKER NANCY
2171 COUNTY ROAD 245
NEW CASTLE
CO
81647-9401
15
2125-252-00-151
SOS CHERYL L & WYCKOFF RICHARD DALE
2135 COUNTY ROAD 245
NEW CASTLE
CO
81647
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
Notes
1)
Date of Survey: September 5, 2007, June 3, 2018 & July 9, 2018.
2) Date of Preparation: March 2019.
VICINITY MAP
SCALE: 1” = 2000'
3) Basis of Bearing: A bearing of S 89°38' 13" W between the two found 3.25" aluminum 1989 Cadastral Survey Bureau of
Land Management caps set on 2.5" aluminum monumenting the north boundary line of the northwest one quarter of
Section 25, Township 5 South, Range 91 West of the 6th Principal Meridian,as shown.
4) Basis of Survey: Huber S.B. 35 Exemption Plat recorded March 13, 1992 as Reception No. 432547, the title commitments
outlined in note 5, various documents of record, and the found survey monuments as shown.
5) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or easements of
record. For all information regarding easements, rights of way and/or title of record, SE relied upon the above said plats
described in note 4 and the title commitments prepared by Commonwealth Title Company of Garfield County, Inc., File No.
1806050, File No. 1806052 and File No. 1806053 all having an effective date of June 12, 2018.
6) All easements per the Title Commitment referenced in Note 5 that can be graphically depicted, are shown hereon.
7) The linear 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.
Certificate of Taxes Paid
I, the undersigned, do hereby certify that the entire amount of taxes and assessments due
and payable as of 2019, 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
Title Certificate
I, an 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 Brett L. Jolley and Jeanne L. Jolley and 4J, LLC, 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:
And All matters of record set forth under schedule B-2 "exceptions" by that certain commitments for title insurance
dated June 19, 2018 (File Nos. 1806050, 1806052 and 1806053) and issued by the Commonwealth Title Company of Garfield
County, Inc. upon satisfaction of all schedule b-1 "requirements" as set forth by said commitment DATED this day of
, A.D., 2019.
TITLE COMPANY: Commonwealth Title Company of Garfield County, Inc.
(Agent)
Surveyor's Certificate
I, Mark S. Beckler, do hereby certify that I am a Professional Land Surveyor licensed under the laws
of the State of Colorado, that this Plat is a true, correct and complete AMENDED FINAL PLAT, BASIC CORRECTION EXEMPTION
AND BOUNDARY LINE ADJUSTMENT OF JOLLEY-4J, LLC PARCELS as laid out, platted, dedicated and shown hereon, that such Plat
was made from an accurate survey of said property by me or under my supervision, and correctly shows the location and
dimensions of the lots, easements and streets of said amended final plat 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.
Mark S. Beckler, P.L.S. #28643
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 , on
this day of , 2019, and is duly recorded as Reception No.
Clerk and Recorder
By:
Deputy
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Date of Survey: September 5, 2007, June 3, 2018 & July 9, 2018.
2) Date of Preparation: March 2019.
VICINITY MAP
SCALE: 1” = 2000'
3) Basis of Bearing: A bearing of S 89°38' 13" W between the two found 3.25" aluminum 1989 Cadastral Survey Bureau of
Land Management caps set on 2.5" aluminum monumenting the north boundary line of the northwest one quarter of
Section 25, Township 5 South, Range 91 West of the 6th Principal Meridian,as shown.
4) Basis of Survey: Huber S.B. 35 Exemption Plat recorded March 13, 1992 as Reception No. 432547, the title commitments
outlined in note 5, various documents of record, and the found survey monuments as shown.
5) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or easements of
record. For all information regarding easements, rights of way and/or title of record, SE relied upon the above said plats
described in note 4 and the title commitments prepared by Commonwealth Title Company of Garfield County, Inc., File No.
1806050, File No. 1806052 and File No. 1806053 all having an effective date of June 12, 2018.
6) All easements per the Title Commitment referenced in Note 5 that can be graphically depicted, are shown hereon.
7) The linear 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.
Certificate of Taxes Paid
I, the undersigned, do hereby certify that the entire amount of taxes and assessments due
and payable as of 2019, 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
Title Certificate
I, an 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 Brett L. Jolley and Jeanne L. Jolley and 4J, LLC, 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:
And All matters of record set forth under schedule B-2 "exceptions" by that certain commitments for title insurance
dated June 19, 2018 (File Nos. 1806050, 1806052 and 1806053) and issued by the Commonwealth Title Company of Garfield
County, Inc. upon satisfaction of all schedule b-1 "requirements" as set forth by said commitment DATED this day of
, A.D., 2019.
TITLE COMPANY: Commonwealth Title Company of Garfield County, Inc.
(Agent)
Surveyor's Certificate
I, Mark S. Beckler, do hereby certify that I am a Professional Land Surveyor licensed under the laws
of the State of Colorado, that this Plat is a true, correct and complete AMENDED FINAL PLAT, BASIC CORRECTION EXEMPTION
AND BOUNDARY LINE ADJUSTMENT OF JOLLEY-4J, LLC PARCELS as laid out, platted, dedicated and shown hereon, that such Plat
was made from an accurate survey of said property by me or under my supervision, and correctly shows the location and
dimensions of the lots, easements and streets of said amended final plat 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.
Mark S. Beckler, P.L.S. #28643
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 , on
this day of , 2019, and is duly recorded as Reception No.
Clerk and Recorder
By:
Deputy
RAB SB 03-22-19 M:\2700dwgs\27163\2019\PLAT\27163 LOT -LINE ADJUST PLAT.dwg
AMENDED FINAL PLAT, BASIC CORRECTION EXEMPTION AND BOUNDARY LINE ADJUSTMENT OF :
ORIGIN PARCEL 1 - ASSESSOR PARCEL No. 2125-252-00-074
TITLE PROPERTY DESCRIPTION COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY FILE No. 1806053
A parcel of land situated in the E%NW% of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No. 245
and is more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, monumented by a 1989 Department of the Interior -Bureau of Land Management
3.25" aluminum on a 2.5" aluminum post properly marked and in place;
thence South 18°57'53" West 1212.03 feet to a point on said Southwesterly right of way, also being a point on a lane centerline, the TRUE POINT OF BEGINNING;
thence leaving said right of way, South 60°06'03" West 663.57 feet along said lane centerline;
thence South 55°41'19" West 85.29 feet along said lane centerline to a point on the centerline of said creek;
thence along the centerline of said creek the following courses and distances:
thence North 25°26'55" West 101.86 feet;
thence North 40°46'03" West 39.65 feet;
thence North 15°07'25" East 232.64 feet;
thence North 63°27'45" East 211.82 feet;
thence North 11°23'24" East 70.20 feet;
thence North 38°27 '30" West 86.80 feet;
thence North 64°52'37" West 161.99 feet;
thence North 34°29'28" West 90.40 feet;
thence North 15°06'27" West 167.31 feet;
thence North 15°25'51" East 69.40 feet;
thence North 39°39'52" East 131.00 feet;
thence North 14°26'17" East 201.28 feet;
thence North 09°24'53" West 123.56 feet;
thence North 10°53'28" East 124.04 feet to a point on the Southwesterly side of said County Road right of way;
thence leaving said creek centerline along the County Road right of way, the following courses and distances:
thence North 87°34'23" East 12.96 feet;
thence 137.84 feet along a curve to the right, having a radius of 161.94 feet and chord of which bears: South 68°02'36" East 133.71 feet;
thence 374.50 feet along a curve to the right, having a radius of 442.14 feet and chord of which bears: South 19°23'39" East 363.41 feet;
thence 331.43 feet along a curve to the left, having a radius of 496.42 feet and chord of which bears: South 14°15'18" East 325.30 feet;
thence South 33°22'53" East 104.36 feet;
thence 41.55 feet along a curve to the left, having a radius of 800.55 feet and chord of which bears: South 34°52'05" East 41.54 feet;
thence South 36°21'18" East 143.91 feet;
thence 187.87 feet along a curve to the right, having a radius of 622.38 feet and chord of which bears: South 27°42'26" East 187.16 feet to the TRUE POINT OF BEGINNING.
Above described parcel containing 12.105 acres more or less.
ORIGIN PARCEL 2 - ASSESSOR PARCEL No. 2125-252-00-103
TITLE PROPERTY DESCRIPTION COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY FILE No. 1806052
A parcel of land being the SW%NW%, that portion of the NE%NW% Westerly of the centerline of East Elk Creek and
Southerly of the Southerly right of way of County Road No. 245, and that portion of the SE%NW% Westerly of the
centerline of East Elk Creek, all in Section 25, Township 5 South, Range 91 West of the 6th P.M., said parcel of land is
described as follows:
Beginning at the North Quarter corner of said Section 25, monumented by a 1989 Department of the Interior -Bureau of Land Management
3.25" aluminum on a 2.5" aluminum post properly marked and in place, thence South 89°38'13" West 1325.52 feet along the
Northerly line of said Section 25; thence South 00°15'35" East 30.00 feet to a point on the Southerly line of
said County Road, the TRUE POINT OF BEGINNING;
thence North 89°34'49" East 340.22 feet along the Southerly line of said County Road, to a point in the center of said East Elk Creek;
thence along said centerline of the creek by the following courses and distances;
thence South 10°53'28" West 124.04 feet;
thence South 09°24'53" East 123.56 feet;
thence South 14°26'17" West 201.28 feet;
thence South 39°39'52" West 131.00 feet;
thence South 15°25'51" West 69.40 feet;
15°06'27" East 167.31 feet;
34°29'28" East 90.40 feet;
64°52'37" East 161.99 feet;
38°27'30" East 86.80 feet;
11°23'24" West 70.20 feet;
63°27'45" West 211.82 feet;
15°07'25" West 232.64 feet;
40°46'03" East 39.65 feet;
25°26'55" East 101.86 feet;
28°27'36" East 54.19 feet;
33°48'27" East 208.68 feet;
10°15'22" West 222.73 feet;
34°48'38" East 77.46 feet;
79°15'48" East 165.05 feet;
17°24'50" East 250.85 feet;
52°22'14" East 171.59 feet;
32°45'30" East 112.71 feet;
11°18'50" East 124.69 feet to a point on the East-West centerline of said Section 25;
thence leaving said centerline of creek South 89°12'52" West 2193.47 feet along the East-West centerline of Section 25 to the West Quarter corner of said Section 25;
thence North 00°30'07" West 1317.40 feet along the Westerly line of said Section 25 to the Northwest corner of the SW%NW% of said Section 25;
thence North 89°26'10" East 1319.85 feet along the Northerly line of said SW%NW% to the Northeast corner of the SW%NW% of said Section 25;
thence North 00°15'35" West 1282.18 feet along the Easterly line of the NW%NW% of said Section 25 to a point on the Southerly right of way of said County Road, the True Point of Beginning.
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
thence South
JOLLEY-4J LLC PARCELS
A PARCEL OF LAND SITUATED IN NW1/4 OF SECTION 25
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6th P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF 4
Above described parcel containing 63.962 acres more or less.
ORIGIN PARCEL 3 - ASSESSOR PARCEL No. 2125-252-00-132
TITLE PROPERTY DESCRIPTION COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY FILE No. 1806050
A parcel of land in the NE1/4NW1/4 and in the SE1/4NW1/4, Section 25, Township 5 South, Range 91 West of the Sixth
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25, monumented by a 1989 Department of the Interior -Bureau of Land Management
3.25" aluminum on a 2.5" aluminum post properly marked and in place;
thence South 11° 45'29" West 1546.23 feet to a point on the Southwesterly Right -of -Way of County Road No. 245 the true POINT OF BEGINNING;
thence South 63° 36'01" West 120.00 feet;
thence South 46° 20'37" West 492.37 feet;
thence South 69° 49'21" West 168.88 feet to a point in East Elk Creek;
thence along lines in East Elk Creek the following courses and distances:
North 10° 15'22" East 222.73 feet;
thence North 33° 48'27" West 208.68 feet;
thence North 28° 27'36" West 54.19 feet;
thence leaving said East Elk Creek North 55° 41'19" East 85.29 feet along a lane centerline;
thence North 60° 06'03" East 663.57 feet along a lane centerline to a point in the South -Westerly Right -of -Way of County Road No. 245;
thence leaving said lane and along said Right -of -Way the following courses and distances:
85.22 feet along the arc of a curve to the right, having a radius of 622.38 feet and chord of which bears: South 15° 08'13" East 85.15 feet;
thence South 11° 12'52" East 290.91 feet to the True Point of Beginning.
Above described parcel containing 6.571 acres more or less.
TOGETHER with that parcel described in Quit Claim Deed recorded March 5, 1996 in Book 969 at Page 205 as Reception No. 489771.
ALSO TOGETHER with that parcel described in Quit Claim Deed recorded March 28, 1996 in Book 971 at Page 990 as Reception No. 490806.
LESS AND EXCEPT that parcel described in Grant Deed recorded March 28, 1996 in Book 971 at Page 991 as Reception No. 490807.
TRANSFER PARCEL 1
A parcel of land situated in the E%zNW% of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No. 245
and is more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, monumented by a 1989 Department of the Interior -
Bureau of Land Management 3.25" aluminum on a 2.5" aluminum post properly marked and in place;
thence South 20°49'06" West 1168.68 feet to a point on said Southwesterly right of way, the TRUE POINT OF BEGINNING;
thence 58.00' along said Southwesterly right of way on a curve to the right having a radius of 622.38 feet
and chord of which bears: South 21°43'45" East 57.98 feet to a point on a lane centerline;
thence leaving said right of way, South 60°06'03" West 663.57 feet along said lane centerline;
thence South 55°41'19" West 85.29 feet along said lane centerline to a point on the centerline of said creek;
thence along the centerline of said creek the following courses and distances:
thence North 25°26'55" West 101.86 feet;
thence North 40°46'03" West 39.65 feet;
thence North 15°07'25" East 232.64 feet;
thence North 63°27'45" East 100.00 feet;
thence leaving said centerline of said creek South 38°29'52" East 57.09 feet
thence North 90°00'00" East 125.00 feet;
thence South 79°00'00" East 50.00 feet;
thence North 83°00'00" East 220.00 feet;
thence North 59°15'24" East 134.69 feet to a point on said Southwesterly right of way, the TRUE POINT OF BEGINNING.
Above described parcel containing 2.813 acres acres more or less.
TRANSFER PARCEL 2
A parcel of land situated in the 5E14 NW% of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
westerly of the East Elk Creek Centerline is more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, a 1989 Department of the Interior -Bureau of Land Management
3.25" aluminum on a 2.5" aluminum post properly marked and in place; thence South 31°18'51" West 1893.10 feet to a point
on the centerline of said creek the TRUE POINT OF BEGINNING;
thence along the centerline of said creek the following courses and distances:
thence South 33°48'27" East 155.00 feet;
thence South 10°15'22" West 222.73 feet;
thence leaving said centerline of said creek North 40°00'20" West 64.53' feet;
thence South 77°00'00" West 80.00 feet;
thence North 32°00'00" West 300 feet;
thence North 75°00'00" East 240.00 feet to the TRUE POINT OF BEGINNING.
Above described parcel containing 1.473 acres more or less.
Land Use Table
ORIGIN PARCEL 1
ORIGIN PARCEL 2
ORIGIN PARCEL 3
TOTAL
RESULTING PARCEL 1
RESULTING PARCEL 2
RESULTING PARCEL 3
TOTAL
527,299 sq. ft. 12.11 acres
2,786,166 sq. ft. 63.96 acres
286,233 sq. ft. 6.57 acres
3,599,698 sq. ft. 82.64 acres
404,768 sq. ft. 9.29 acres
2,721,987 sq. ft. 62.49 acres
472,943 sq. ft. 10.86 acres
3,599,698 sq. ft. 82.64 acres
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
RESULTING PARCEL 1
A parcel of land situated in the E%NW% of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No. 245 is
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, monumented by a 1989 Department of the Interior -Bureau of Land Management
3.25" aluminum on a 2.5" aluminum post properly marked and in place;
thence South 20°49'06" West 1168.68 feet to a point on said Southwesterly right of way, the TRUE POINT OF BEGINNING.
thence leaving said right of way South 59°15'24" West 134.69 feet;
thence South 83°00'00" West 220.00 feet;
thence North 79°00'00" West 50.00 feet;
thence North 90°00'00" West 125 feet
thence North 38°29'52" West 57.09 feet to a point on said centerline of creek
thence along said centerline of said creek the following courses and distances:
thence North 63°27'45" East 111.82 feet;
thence North 11°23'24" East 70.20 feet;
thence North 38°27 '30" West 86.80 feet;
thence North 64°52'37" West 161.99 feet;
thence North 34°29'28" West 90.40 feet;
thence North 15°06'27" West 167.31 feet;
thence North 15°25'51" East 69.40 feet;
thence North 39°39'52" East 131.00 feet;
thence North 14°26'17" East 201.28 feet;
thence North 09°24'53" West 123.56 feet;
thence North 10°53'28" East 124.04 feet to a point on the Southwesterly side of said County Road right of way;
thence leaving said creek centerline along the County Road right of way, the following courses and distances:
thence North 87°34'23" East 12.96 feet;
thence 137.84 feet along a curve to the right, having a radius of 161.94 feet and chord of which bears: South 68°02'36" East 133.71 feet;
thence 374.50 feet along a curve to the right, having a radius of 442.14 feet and chord of which bears: South 19°23'39" East 363.41 feet;
thence 331.43 feet along a curve to the left, having a radius of 496.42 feet and chord of which bears: South 14°15'18" East 325.30 feet;
thence South 33°22'53" East 104.36 feet;
thence 41.55 feet along a curve to the left, having a radius of 800.55 feet and chord of which bears: South 34°52'05" East 41.54 feet;
thence South 36°21'18" East 143.91 feet;
thence 129.87 feet along a curve to the right,having a radius of 622.38 feet and chord of which bears: South 30°22'37" East 129.64 feet
to the TRUE POINT OF BEGINNING.
Above described parcel containing 9.292 acres acres acres more or less.
RESULTING PARCEL 2
A parcel of land being the SW%NW%, that portion of the NE%NW% Westerly of the centerline of East Elk Creek and
Southerly of the Southerly right of way of County Road No. 245, and that portion of the SE%NW% Westerly of the
centerline of East Elk Creek, all in Section 25, Township 5 South, Range 91 West of the 6th P.M., said parcel of land is
described as follows:
Beginning at the North Quarter corner of said Section 25, monumented by a 1989 Department of the Interior -Bureau of Land Management
3.25"aluminum on a 2.5" aluminum post properly marked and in place;
thence South 89°38'13" West 1325.52 feet along the Northerly line of said Section 25;
thence South 00°15'35" East 30.00 feet to a point on the Southerly line of said County Road, the TRUE POINT OF BEGINNING;
thence North 89°34'49" East 340.22 feet along the Southerly line of said County Road, to a point in the center of said East Elk Creek;
thence along said centerline of the creek by the following courses and distances;
thence South 10°53'28" West 124.04 feet;
thence South 09°24'53" East 123.56 feet;
thence South 14°26'17" West 201.28 feet;
thence South 39°39'52" West 131.00 feet;
thence South 15°25'51" West 69.40 feet;
thence South 15°06'27" East 167.31 feet;
thence South 34°29'28" East 90.40 feet;
thence South 64°52'37" East 161.99 feet;
thence South 38°27'30" East 86.80 feet;
thence South 11°23'24" West 70.20 feet;
thence South 63°27'45" West 211.82 feet;
thence South 15°07'25" West 232.64 feet;
thence South 40°46'03" East 39.65 feet;
thence South 25°26'55" East 101.86 feet;
thence South 28°27'36" East 54.19 feet;
thence South 33°48'27" East 53.68 feet;
thence leaving said centerline of creek the following courses and distances:
thence South 75°00'00" West 240.00 feet;
thence South 32°00'00" East 300.00 feet;
thence North 77°00'00" East 80.00 feet;
thence South 40°00'20" East 64.53 feet to a point to a point in the center of said East Elk Creek,
thence along said creek the following courses and distances:
thence South 34°48'38" East 77.46 feet;
thence South 79°15'48" East 165.05 feet;
thence South 17°24'50" East 250.85 feet;
thence South 52°22'14" East 171.59 feet;
thence South 32°45'30" East 112.71 feet;
thence South 11°18'50" East 124.69 feet to a point on the East-West centerline of said Section 25;
thence leaving said centerline of creek South 89°12'52" West 2193.47 feet along the East-West centerline of Section 25 to the West Quarter corner of said Section 25;
thence North 00°30'07" West 1317.40 feet along the Westerly line of said Section 25 to the Northwest corner of the SW%NW% of said Section 25;
thence North 89°26'10" East 1319.85 feet along the Northerly line of said SW%NW% to the Northeast corner of the SW%NW% of said Section 25;
thence North 00°15'35" West 1282.18 feet along the Easterly line of the NW%NW% of said Section 25 to a point on the Southerly right of way of said County Road,
the True Point of Beginning.
Above described parcel containing 62.488 acres more or less.
RESULTING PARCEL 3
A parcel of land in the NE1/4NW1/4 and in the SE1/4NW1/4, Section 25, Township 5 South, Range 91 West of the Sixth
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25, monumented by a 1989 Department of the Interior -Bureau of Land Management
3.25" aluminum on a 2.5" aluminum post properly marked and in place;
thence South 11° 45'29" West 1546.23 feet to a point on the Southwesterly Right -of -Way of County Road No. 245 the true POINT OF BEGINNING;
thence South 63° 36'01" West 120.00 feet;
thence South 46° 20'37" West 492.37 feet;
thence South 69° 49'21" West 168.88 feet to a point in East Elk Creek;
thence leaving that point in East Elk Creek North 40°00'20" West 64.53 feet;
thence South 77°00'00" West 80.00 feet;
thence North 32°00'00" West 300 feet;
thence North 75°00'00" East 240.00 feet to a point in the center of said East Elk Creek and along said creek the following courses and distances:
thence North 33° 48'27" West 53.68 feet;
thence North 28° 27'36" West 54.19 feet;
thence North 25°26'55" West 101.86 feet;
thence North 40°46'03" West 39.65 feet;
thence North 15°07'25" East 232.64 feet;
thence North 63°27'45" East 100.00 feet;
thence leaving said centerline of said creek South 38°29'52" East 57.09 feet;
thence North 90°00'00" East 125.00 feet;
thence South 79°00'00" East 50.00 feet;
thence North 83°00'00" East 220.00 feet;
thence North 59°15'24" East 134.69 feet to a point on said Southwesterly right of way;
thence 143.22' along said Southwesterly right of way on a non -tangent curve to the right
having a radius of 622.38 feet and chord of which bears: South 17°48'24" East 142.90 feet:
thence South 11°12'52" East 290.91 feet to the TRUE POINT OF BEGINNING.
Above described parcel containing 10.857 acres more or less.
TOGETHER with that parcel described in Quit Claim Deed recorded March 5, 1996 in Book 969 at Page 205 as Reception No. 489771.
ALSO TOGETHER with that parcel described in Quit Claim Deed recorded March 28, 1996 in Book 971 at Page 990 as Reception No. 490806.
LESS AND EXCEPT that parcel described in Grant Deed recorded March 28, 1996 in Book 971 at Page 991 as Reception No. 490807.
RAB SB 03-22-19 M:\2700dwgs\27163\2019\PLAT\27163 LOT -LINE ADJUST PLAT.dwg
NOTICE: 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.
z
w
-FOUND 3.25" ALUMINUM CAP
ON 2.5" ALUMINUM POST
U.S. DEPARTMENT OF INTERIOR
T 5 5 R91W S23 -S24 -S25 -S26
1989 CADASTRAL SURVEY
BUREAU OF LAND MANAGEMENT
PER COLORADO LAND SURVEY MONUMENT RECORD
ACCEPTED ON FEBRUARY 19, 1997
BY THE COLORADO BOARD OF REGISTRATION
FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
(SURVEY OF 2014)
S 89°38'13" W
N 89°26'10" E
AMENDED FINAL PLAT, BASIC CORRECTION EXEMPTION AND BOUNDARY LINE ADJUSTMENT OF :
JOLLEY-4J LLC PARCELS
A PARCEL OF LAND SITUATED IN NW1/4 OF SECTION 25
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6th P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 3 OF 4
1319.85'
BASIS OF BEARING
S 00°15'35" E 30.00'
TIE ORIGIN PARCEL 2
TRUE
POINT OF BEGINNING
ORIGIN PARCEL 2
M „S£,STo00 N
NJ
CO
N
I
00
1 I
N 87°34'23" E
12.96'
0
w
N
0
FOUND 3.25" ALUMINUM CAP
ON 2.5" ALUMINUM POST
U.S. DEPARTMENT OF INTERIOR
T 5 S R91W 1/4 S25 -S26
1989 CADASTRAL SURVEY
BUREAU OF LAND MANAGEMENT
COLORADO LAND SURVEY MONUMENT RECORD
FILED PER THIS PLAT
(SURVEY OF 2018)
ORIGIN PARCEL 2
2,786,166 sq. ft.
63.962 acres
S 89°12'52" W
SET #5 REBAR &
1.25" ORANGE PLASTIC CAP
PLS 28643
0.20' ABOVE GROUND (TYP.)
(2018)
N 89°34'49" E 340.22'
FOUND #5 REBAR &
1.25" PLASTIC CAP
LS #13501
(2014)
ORIGIN PARCEL 2
2,786,166 sq. ft.
63.962 acres
N 15°25'51" E
69.40'
g
•
N
Iu
•
C1
S 89°38'13" W
ORIGIN PARCEL 1
527,299 sq. ft.
12.105 acres
N 34°29'28" W
90.40'
ALIGNMENT OF-'
EAST ELK CREEK
TAKEN FROM 2002 AERIAL
MAPPING BY BELL
N 40°46'03" W
39.65'
N 25°26'55" W
101.86'
v64
N 38°27'30" W . \
86.80'
N 11°23'24" E
70.20'
,0.
0
c
z
0
0
FOUND 3.25" ALUMINUM CA
ON 2.5" ALUMINUM POST
U.S. DEPARTMENT OF INTERIOR
T5S R91W 1/4 S24 -S25
CADASTRAL SURVEY
1989 BUREAU OF LAND MANAGEMENT
PER COLORADO LAND SURVEY MONUMENT RECORD
ACCEPTED ON APRIL 12, 2001
BY THE COLORADO BOARD OF REGISTRATION
FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
(SURVEY 2018)
2650.45'
TIE ORIGIN PARCEL 2
SET #5 REBAR &
1.25" ORANGE PLASTIC CAP
PLS 28643
0.20' ABOVE GROUND (TYP.) cs
(2018) TRUE c�
POINT OF BEGINNING
TRANSFER PARCEL 1
691
1\183°00'00"E
2 •.00
1325.52'
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S79°00'00"E
50.00'
125.00'
90° S t!'00"
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8°29
2"E
.09' •
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0
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15)
MONUMENT NOT FOUND
LOCATION CENTERLINE
OF EXISING GRAVEL DRIVE
NOT SET PER CLIENT REQUEST
N 28°27'36" W
54.19'
FOUND #5 REBAR &
1.25" ALUMINUM CAP
L.S. #14060
0.4' BELOW GROUND
(2018)
1
1
1
1
FOUND #5 REBAR &
1.25" ALUMINUM CAP
L.S. #14060
/
FLUSH WITH GROUND
(2018)
%).)P
TRUE �\.�
POINT OF BEGINNING SL'
�
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3
4
5°00®
SET#5 REBAR &
1.25" RED PLASTIC CAP
WITNESS CAP PLS 28643
0.20' ABOVE GROUND (TYP.)
(35.0' WC) (2018)
�T
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OO
0,
SET #5 REBAR &
1.25" RED PLASTIC CAP
WITNESS CAP PLS 28643
0.20' ABOVE GROUND
(50.0' WC) (2018)
64
A
4
•4j
.0��. TRANSFER PARCEL 2
a
ft.
es
2
S77°00'00"W
2193.47'
80.00'
N40°00'20"W
64.53'
S 34°48'38" E
77.46'
S 79.15 '48„
165.051..
FOUND #5 REBAR &
1.25" RED PLASTIC CAP
LS #13501
(2018)
FOUND #5 REBAR &
1.25" RED PLASTIC
WITNESS CAP
PLS #28643
(21.0' WC)(2018)
ALIGNMENT OF
EAST ELK CREEK
TAKEN FROM 2002 AERIAL
MAPPING BY BELL
m'0,
0
TRUE
POINT OF BEGINNING
ORIGIN PARCEL 3
FOUND #5 REBAR &
1.25" ALUMINUM CAP
L.S. #14060
0.4' BELOW GROUND
(2018)
MONUMENT NOT FOUND
LOCATION IN ACTIVE
AGRICULTURE FIELD
NOT SET PER CLIENT REQUEST
GRAPHIC SCALE
150 0 75 150
300 600
( IN FEET )
1 inch = 150ft.
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
BEARING
DELTA
C1
137.84'
161.94'
73.40'
133.71'
S 68°02'36" E
48°45'59"
C2
374.50
442.14'
199.31
363.41
S 1923 39 E
4831 52
C3
331.43
496.42'
172.15
325.30
S 14°15'18" E
38°15'07"
C4
41.55'
800.55'
20.78'
41.54'
S 34°52'05" E
2°58'24"
C5
273.09'
622.38'
138.78'
270.90'
S 23°47'05" E
25°08'26"
C5A
187.87
622.38
94.66'
187.16
S 2742 26 E
17°17'43"
C5B
85.22'
622.38
42.67'
85.15'
S 15°08'13" E
7°50'42"
C5C
129.87
622.38
65.17'
129.64
S 3022 37 E
11°57'21"
C5D
58.00'
622.38
29.02'
57.98'
S 21°43'45" E
5°20'22"
Notes
1) Date of Survey: September 5, 2007, June 3,2018 & July 9, 2018.
2) Date of Preparation: March 2019.
3) Basis of Bearing: A bearing of S 89°38' 13" W between the two found 3.25" aluminum
1989 Cadastral Survey Bureau of Land Management caps set on 2.5" aluminum
monumenting the north boundary line of the northwest one quarter of Section 25,
Township 5 South, Range 91 West of the 6th Principal Meridian,as shown.
4) Basis of Survey: Huber S.B. 35 Exemption Plat recorded March 13, 1992 as Reception No.
432547, the title commitments outlined in note 5, various documents of record, and the
found survey monuments as shown.
5) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine
ownership or easements of record. For all information regarding easements, rights of
way and/or title of record, SE relied upon the above said plats described in note 4 and the
title commitments prepared by Commonwealth Title Company of Garfield County, Inc.,
File No. 1806050, File No. 1806052 and File No. 1806053 all having an effective date of
June 12, 2018.
6) All easements per the Title Commitment referenced in Note 5 that can be graphically
depicted, are shown hereon.
7) The linear 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.
Land Use Table
ORIGIN PARCEL 1
ORIGIN PARCEL 2
ORIGIN PARCEL 3
TOTAL
RESULTING PARCEL 1
RESULTING PARCEL 2
RESULTING PARCEL 3
TOTAL
527,299 sq. ft.
2,786,166 sq. ft.
286,233 sq. ft.
3,599,698 sq. ft.
404,768 sq. ft.
2,721,987 sq. ft.
472,943 sq. ft.
3,599,698 sq. ft.
12.11 acres
63.96 acres
6.57 acres
82.64 acres
9.29 acres
62.49 acres
10.86 acres
82.64 acres
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
RAB SB 03-22-19 M:\2700dwgs\27163\2019\PLAT\27163 LOT -LINE ADJUST PLAT.dwg
�, FOUND 3.25" ALUMINUM CAP AMENDED FINAL PLAT, BASIC CORRECTION EXEMPTION AND BOUNDARY LINE ADJUSTMENT OF :
ON 2.5" ALUMINUM POST
U.S. DEPARTMENT OF INTERIOR
T 5 S R91W 1/4 S24 -S25
JoLLEY.4j LLC PARCELS
CADASTRAL SURVEY
N
1989 BUREAU OF LAND MANAGEMENT
��_ A PARCEL OF LAND SITUATED IN NW1/4 OF SECTION 25
\�<<, �(c TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6th P.M.
�,�° ��tio�. �� �;��/omafoc°
COUNTY OF GARFIELD, STATE OF COLORADO
o v-). �/ / 4/ �� SHEET 4 OF 4
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4 RESULTING PARCEL 1 �� �� yam. �
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o . 9, 404,768 sq. ft. 9
_2,,,0 9.292 acres 5�7 ��� cz /Quo
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ELK CREEK� N
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N90 E
/ �' �3l 0°` , 1
0 50 100
SCALE
200 400
o
z
M �c�� 7,y<.,° 125.00' � /
5 00�
�v L8 �ti OQP&��.. / ti° 2�° ` i 10.00' ti
3 'c,
N 89°26'10" E 1319.85'
L7 L9 DLCO SE��p`b / '
/ 93.82 - _- L10 SQJOOEP$61 / ' �' / °RS OO„�I v,( IN FEET )
58� �0 P o ' inch
58" - Biu N 79°35' L6 Q�gL0�0(i �� . / N 23 g1 0° ` �° 10.0' 1 i nch = 100 ft.
c,'58"
N 7903-
86� �/ , OF �CEQ� / L N DITCH EASEMENT
L5 2,‘` "\----\\',.\ RECEPTION No. 432547
L4 ��
�o o ��
k ,,,, \v„...6,
7ScV
10.0' OVERHEAD SERVICE UTILITY
\c'ti's �• /9ti N15° 00'
g4.
LINE TABLE
.92
EASEMENT 3/ / I
/
LINE
BEARING
LENGTH
TO BE DEDICATED PER THIS PLAT \ % N 13°50'00" W '
,� \, CENTERLINE
' N
I
L1
S 54°06'13" W
73.30'
(OVER EXISTING LINE) .,\i/
.' 20.0' ROAD 53.00' �o TRUE
ACCESS EASEMENT o
N 25°26'55" W kPOINT
L2
N 25°21 53 E
51.08 '
OF BEGINNING
° 1I 101.86'RECEPTION No. 432547
N 4046'0303RESULTING PARCEL 3
L3
N 55°23'10" E
7.69'
39.65' RECEPTION No. 489771 \
L4
N 44°18'48" W
10.05'
N 28°27'36" W RECEPTION No. 490806 N 07°39'00" W
54.19' 97'00 ' '
/
L5
N 66°27'59" W
11.42'
/
L6
N 79°54'51" W
45.05'
/ II
0`4, tri
,°36
L7
N 10°05'09" E
10.00'
$3�<.
-1°'''' '�,�
ti 6N 2 ,
L8
S 79°54'51" E
46.23'
cps/ 6° \\sQ RESULTING PARCEL 3 / 56312• No
/
L9
S 66°27'59" E
14.56'
�� �' �N v'8
472,943 Sq. ft. I�
L10
S 44°18'48" E
13.50'
30 30'p0° 64,7- °33°o N
250, /
L11
„
N 54°06'13" E
13.33'
10.857 acres Nti°$60
15.0' E 114 / Nott 1 \O
CENTERLINE
°00,00" \ 30.00' ,
PRIVATE ACCESS EASEMENT N 15 0' / 06°45'00" E
CURVE TABLE
126 \ N N 60506003" E
TO BE DEDICATED PER THIS PLAT
CURVE
LENGTH
RADIUS
TANGENT
CHORD
BEARING
DELTA
;� 0������� 82.00'
(OVER EXISTING ����`S �
TWO TRACK TRAIL) 1 / \
C1
137.84'
161.94'
73.40'
133.71'
S 68°02'36" E
48°45'59"
Jk. Q•, p/
O �`� o \ ' nrn
C2
374.50'442.14'199.31'363.41'S
19°23'39" E
48°31 52
�� �P• / N 1 W
/ ''� \/ 86 000 ' `
C3
331.43'
496.42'
172.15'
325.30'
S 14°15'18" E
38°15'07"
c)° o o P• Q/\/ . C�
�;• O
o o pQ c<c,‘.,
C4
41.55'800.55'20.78'41.54'S
34°52'05" E
2°58'24"
p 0
/
% /
\ 2�_z_
C5
273.09'
622.38'
138.78'
270.90'
S 23°47'05" E
25°08'26"
z
N 45°36'00" W . vi
CSA
187.87'
622.38'
94.66'
187.16'
S 27°42'26" E
17°17'43"
LL
57.00'`
i�
/�� /
b �O
C5B
85.22'
622.38'
42.67'
85.15'
S 15°08'13" E
7°50'42"
�Z / �� /
CSC
129.87'622.38'65.17'129.64'S
30°22'37" E
11°57'21"
N 37°18'00" W �
l\
O % /N ' 91.00' '\
C5D
58.00'
622.38'
29.02'
57.98'
S 21°43'45" E
5°20'22"
• CENTERLINE
o � S 30.0' ACCESS, DITCH,
/ /
C6
221.39'
691.54'
111.65'
220.45'
S 20°23'07" E
18°20'34"
0
•� O / . DRAINAGE & UTILITY EASEMENT
6, • ,9
C7
76.24'349.99'38.27'76.09'S
35°47'51" E
12°28'52"
69.61 / �‘ N 22°57'00" W RECEPTION No. 432547
�
'Z1 RECEPTION No. 490807
C8
138.77'324.98'70.46'137.72'N
„
12°16'00" W
"
24°28'00"
��
1039, /9°9 $$ CENTERLINE 76.00' \ s
- S 6$� / 20.0' STRIP OF LAND
C9
198.75'
990.24'
99.71'
198.42'
N 30°15'00" W
11°30'00"
S77°00'00"W - FOR INGRESS & EGRESS �°
C10
71.26'
42.09'
47.57'
63.05'
N 12°30'00" E
97°00'00"
TOBEUSEDASA
RESULTING PARCEL 2 80.00' \
ROAD ACCESS EASEMENT \
C11
18.80'
622.38'
9.40'
18.80'
N 19°55'30" W
1°43'51"
RECEPTION No. 285600 N 26°25'00' W o
C12
10.13'
622.38'
5.07'
10.13'
N 21°15'25" W
0°55'57"
2,721,987 sq. ft. N40°00'20"W RECEPTION No. 285793 92.00 2 `
C13
60.21'
150.00'
30.52'
59.81'
S 07°00'00" E
23°00'00"
`�
62.488 acres 64.53' S 15, RECEPTION No. 432547
48 E RECEPTION No. 489771 o
C14
85.52'
140.00'
44.14'
84.20'
N 13°00'00" W
35°00'00"
0
S 34°48'38" E 165.05' RECEPTION No. 490806 N 19°42'00" W t �0, '�1
`�
C15
76.60'50.00'48.09'69.32'S
13°23'13" W
87°46'27"
77.46' 59.00' \ - - 10.0' - 20.0'
\ DITCH EASEMENT
\\ ' RECEPTION No. 432547
\ N 07°14'00" W
1
49.00' 0.00'
Lr' \ 0 20.00'
--) \ c Land Use Table
,) \ )‘
`ut
o I ADJOINING PARCEL0
ORIGIN PARCEL 1 527,299 s. ft. 12.11 acres
q
N 37°56'07" W
ASSESSOR PARCEL No.18933'
2125-252-00-133
ORIGIN PARCEL 2 2,786,166 sq. ft. 63.96 acres
20.00'
ORIGIN PARCEL 3 286,233 sq. ft. 6.57 acres
`, \ \
O'
•fv
�•51�,
- F
I�'
,1I
20.0' UTILITY EASEMENT TOTAL 3,599,698 sq. ft. 82.64 acres
, RECEPTION No. 285600
' O RECEPTION No. 285793
,, o RESULTING PARCEL 1 404,768 sq. ft. 9.29 acres
m RESULTING PARCEL 2 2,721,987 sq. ft. 62.49 acres
RESULTING PARCEL 3 472,943 sq. ft. 10.86 acres
EAST ELK CREEK .'' TOTAL 3,599,698 sq. ft. 82.64 acres
j�.i' N 00°02'00" W I11
, - 314.25' 1
I'
/
N 00°02'00" W
I
, '
\ :::::co_u_locpLo
'
219.54'
�
N
9' I°)
N SE COR SE%
5.0'
DITCH EASEMENT I'
RECEPTION No. 432547 5.00'
NW%SEC 25 SOPRIS ENGINEERING - LLC
_ _
zY
° 2193.47' S 89°11 40" W
S 89 12 52 W \\
f 436.05' CIVIL CONSU LTANTS
W
°20.0'
EASEMEN40"
TILE 30.0'EEASEMENT TIE T 502 MAIN STREET, SUITE A3
\ RECEPTION No. 432547 RECEPTION No. 285600
\ RECEPTION No. 490807 RECEPTION No. 285793 CARBON DALE, COLORADO 81623
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL RECEPTION No. 432547 (970) 704-0311 SOPRISENG@SOPRISENG.COM
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS \ \ RECEPTION No. 489771
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION RECEPTION No. 490806
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. RAB SB 03-22-19 M:\2700dwgs\27163\2019\PLAT\27163 LOT -LINE ADJUST PLAT.dwg