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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. ZfZ r;��,��z5ztiz�c 1 \, Itt000zataz 1 E0444Z5ZCZLZ14 Z J r r I i = f £8o00Zg5zZ 6€000EVZZ ueginrIePLtap'sad iJesl awoH allq�i.�ller•vap,rats spue1 azntcraw 3uawdofaraO'Hun peuueld luaurdola.6p peLive-14 pa,!Lunlre.'• JauuLuop Riaua;3iletu a uiru o fel��srtpti'I spun :llgnd 111 ur:,4i ,tyl7 p8;eiod.io3uj I:LrrJAZ £t1!£r)NzgZk l'OLO Z! ;V Z1 -e i1l5J431 �ZR4' Ut1,01) gZSZLZ -f 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. ,- yry JI41dlr. No. 921. .•A i11r A tire 11 nR0.—7n.1.0111 rr. r.ot. -.11ri d r,w+1.1G,lddr n lie. Co.. um I.v. t1e41n.enY levnl Innv.ka. 1541.14 ator l 5 n., Den...., C '.vn,J. •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 R i or 2 R. Fra 515 0 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` tf? cll 1 • a j 'j ZZI AI 2, m W 5 u 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 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. 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 • 4-• • 1.. •`I • • •.f • :44;46:' A.1 i' • . may' 4) r • EAST ELK CREEK 1 4 .• :a '`4 A ! • • •.• '• • r% " ti 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 RAB SB 03-22-19 M:\2700dwgs\27163\2019\PLAT\27163 LOT -LINE ADJUST PLAT.dwg .. _(.. i s .:� V -, - fc e.:. _ t ." „ L->`.. • , -.... ) /o}. . j,,, ,...,A A' 1 9 ' t., . ....... Jill j/ re ---All' a r �`^ 11� -\ ` ry / ���'ti _ ` /, > `' • 301 .� / -� � - --- 1 �l {)sal �, ~`' •111� -•\3,..6 :.�ti./Z 4 - ' \ 4 %W. `i 1 � �� 1 �� . c %,-•tel ' '\ -- • ,- -'`.-__-^- !tip M�.°1;. r ('tti J;`�.r . ji. 2k v---4,-,,,t-..,.4---1.- _ .,� . . " i,� 1� � 1� i y `„' ) __ ,am:. . ----'7----...------.....=;'-.:=- It , 1` ,/ ;if •j J,= - ; % 'moi` � - \\ • +U; �� . . r - fit ,� . 'l}4 '` fl:arakiiT;e.O o _ ,`' \-.- 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' /// C) S79°00'00"E 50.00' 125.00' 90° S t!'00" O ti 8°29 2"E .09' • ��► 0 n1.31aa 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' � sCE 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 O' T® r 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 0 / -� �, o 2 „,„ N O m m oo i�m o m F) n w m 2 '', 6 = �� t� �c`' `') o �9 F fro, v err = / r,,,_ �<v,o, r, C'u s 6°1\W cP., `�' O' �e- a ticv i _ ,�� 6, / Q f<,) (�O o �i 6 0,.�, /�: 6 n/Qc 4 RESULTING PARCEL 1 �� �� yam. � oo �6 � ��`` �v ew o . 9, 404,768 sq. ft. 9 _2,,,0 9.292 acres 5�7 ��� cz /Quo m • S .9 O= i� � Q r j S P V m zoEAST 50.00- 50.00 89°38'13" m O , R�°/ N-) ornm /NJ ELK CREEK� N ij ^' AO\ , Q\,P / L4.1 / m W o M ,c(A- -\-\\',, Q /Q N ,,,,,„„:,,o, Qc�e / / \ W a ` o o ��P S� s 2 „ � , :o�JFQ 0� N `r C11 _' ADJOINING PARCEL � M ASSESSOR PARCEL NO. 2125-252-00-104 0 � • -\,3 \� � o cp / ° <'2 9 TIE ° /Cif' 63°� �f / ��' � �'� x('131)` • ' 10� 66.18' �� 58.82'_ 220.00' ' //°603 - ,<D2NS3°oo 0o E / , 60 0 $°299, , , - �2�3,--/ \ � tc-3)GRAPHIC S3 �� • 0 °�a•ti� ° / ��„�,N 100 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