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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 Sth Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfleid-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary 0 Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary 0 Final ❑ Time Extension ❑ Preliminary Plan Amendment I7 Final Plat Amendment ❑ Common interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: John and Desiree Attebury Mailing Address: 195 N Meadow Dr City: Rifle Phone: (970 ) 379-4491 State: Co Zip Code: 81550 E.maii:desb21@msn.com Representative (Authorization Required) Name: Phone: [ Mailing Address: City: , State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Keithley Subdivision Exemption Plat Assessor's Parcel Number: ? ? 9 - 5? - a 4 Physical/Street Address: 0878 County Rd 227 Legal Description: Please see Exhibit A for Legal Description Zone District: Rural Property Size (acres): 23.87 Project Description Existing Use: Agricultural / Residential Proposed Use (From Use Table 3-403): Agricultural ! Residential Description of Project: Realign plat lines to be more practical to build on a flat area en each parcel end iv rridxirrrize the ability to rneintein agricultural grounds un each peri with piped iiriguiiuri. Proposed Development Area Land Use Type Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total # of Lots 3 # of Units Acreage 7-9 acres ea Parking REQUEST FOR WAIVERS Submis ' n Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202, List: Section: Waiver of Improvements Agreement 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 . arrect and accurate to the best of my knowledge. -6-(7 is ature of Property Owner Date OFFICIAL USE ONLY File Number: Fee Paid: $ Exhibit A Legal Description Via Garfield County Accessor Page: Section: 5 Township: I3 Range: 92 A TRACT IN THE SWNW & LOT 4, SAID TRACT BEING MORE PARTICULARLY DESCRIBED PER SPECIAL WARRANTY DEED REC. NO. 923479, SAID PARCEL OF LAND PER 923479 BEING COMPRISED OF EXEMPTION TRACTS 8, C & D PER RESOLUTION NO, 80-23 Via Deed of Trust: File No. 1907045 EXHIBIT "A" A tract of land situate in Section 5, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 5 bears South 00044'09" West 3277.73 feet, with all bearings contained herein being relative to a bearing of North 00°43'00" West on the line between the Southwest corner of Section 5 and a brass cap set for a Witness Corner to the Northwest corner of Section 5, thence North 00°12'27" East 1316.96 feet along the Easterly right of way of County Road No. 227 to the Southwest corner of a parcel of and conveyed to Harold L. Piper by deed recorded May 12, 1978 in Book 509 at Page 848 as Reception No. 285485; thence North 89035'17" East 1163.91 feet along the South line of said parcel conveyed by deed in Book 509 at Page 848 and along a fence; thence South 13°38'44" West 675.48 feet along a fence; thence South 82°56'35" West 12.70 feet along a fence; thence South 21°09'10" West 91.12 feet along a fence; thence South 26°11'19" West 624.92 feet along a fence; thence South 88°12'08" West 688.35 feet along a fence to the Point of Beginning. EXCEPT: A parcel of land situated in the SW'V4NW1/4 of Section 5, Township 6 South, Range 92 West of the 6th P.M. lying Easterly and Northerly of existing fences and more particularly described as follows: Beginning at an Iron Post with a Brass Cap being the Southwest Corner of said Sections 5, Thence North 00°44'09" East 3277.73 feet to a point in a fence on the Easterly side of County Road No. 227, the TRUE POINT OF BEGINNING; thence along said fence North 00°12'27" East 635.00 feet; thence leaving said fence North 88°12'08" East 351.00 feet; thence South 00°12'27" West 635.00 feet to a point in an existing fence; thence along a fence South 88°12'08" West 351.00 feet to the True Point of Beginning. NHouse N .''.�`-`}}� A ti ' -aa :T-, ;45Al.?Zx er ,, ter r %. - ilk ti"r,. as p°L .:)N 0 OF i iy , r 4. :" EXHIBIT Access Easement 41' x 9. I x "A" r x x x E Parcel 2 ❑ '� �._ � _' •L .. :---- X Parcel 1 10.00' N m r 43 c N 89.33'21' 1 14440= Cd (24x x O o x x 7.485 Acres ± Fence x 20.00' Access Easement : 10,040 sq ft ± —I Point of Beginning N 89'12'08' E 340.99' L 9.048 Acres ± r -- — 't 2 x 10.00' Parcel 3 p 100 100 ----�-- X c x 14 Centerline b ', Easement N- M N DkDr, O i M Qpm $Gp� 4 — a�ce9� 20 Southwest Corner 1�� Section2 5 7.330 100 Acres ± 1 inch = 100 ft. ACCESS EASEMENT DESCRIPTION OF AN ACCESS 6TH P.M., SIDE 5; THENCE NO. 227; 12'27"E BE LENGTHENED 10,040 SQUARE ��6� S[IRP�,J' c. F, 127 E. TH RIFL ' O. 97OO-6 .5-3711ACTION �! o EASEMENT SITUATED IN COUNTY OF GARFIELD, STATE OF OF THE FOLLOWING DESCRIBED N00°38'56"E 3922.71 FEET TO THENCE DEPARTING SAID EAST 16.58 FEET; THENCE N89°33'21 "E OR SHORTENED TO CLOSE FEET, MORE OR LESS. c0 TREET 81650 DATE: 9/9/19 ACCESS \ JOB NO. 19041 AL. L. L' J �] A STRIP OF LAND 20.00 FEET IN WIDTH FOR THE PURPOSE SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE COLORADO. SAID STRIP OF LAND BEING 10.00 FEET TO EACH CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD RIGHT-OF-WAY LINE N88° 12'08"E 340.99 FEET; THENCE NO0° 144.40 FEET TO THE POINT OF TERMINUS. SIDELINES TO WITH BOUNDARY LINES. SAID STRIP OF LAND CONTAINING NOTICE; ACCORDING TO COLORADO LAR" YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY AN THAN TEN SYEARS FROM THE DATEIOFTHIS THE CERTIFICATION SHOWN HEREQN Vn I L r '_ KEITHLEY SUBDIVISION EXEMPTION PLAT ,$x 6I x J 2 ( - {r 4 11 `; . ). _�- J ry . . = I ... .r •-� . -- - } T°' wi ..- r r' - • 3 1 f } - , �f i _ - J,, - , _ PT Township ARNOLD, RICHARD L 1025 cvlmrr ROAD 227 RIFLE, CO 81650 Parcels of land Situated 6 South, Range County of G `I �� �� in the SW 1 92 West of the Garfield? State BROWNsoN, GARY L 5400 COUNTY ROAD 4NW 1 Sixth of Colorado I{ANDIA 233 4 of Section 5 Principal Meridian, CERTIFICATE OF DEDICATION AND OWNERSHIP IN COMPLIANCE WITH C.R.S. 38-33.3-209, AS AMENDED ' y ^ ■ • • f �� r - , _, , - o Propane Tank Irrigation Centerline of Ditch r Reber 8 Aluminum CapRIFLE, CO 81650 THE UNDERSIGNED JOHN ZACHARiax ATTEBURY AND DESIREE NICOLE ATTEBURY , BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT • • � ^' E !"' Rebar & Imp House s " N 89'35`17'' LS No. 13501 -, 1163.91' REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: • -- Eid. ' aL_-_-117.44411" Aluminum Cap it /, �' ., x ' A .. . ) li x Illegible - aa5 a� r x A TRACT` OF LAND SI'T'UATE IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY 678.70' ''�- �--- ... ., _t_ ;: Fence DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5 BEARS SOUTH 00°44'09" ° R `w 3$ "� I WEST 3277.73 FEET, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF NORTH 00°43'00" WEST ON THE LINE .. - y� - r ;' E • 1 SsPb � ' = �'SECTION - , . , xi -1 y ' �, .rte' -E _ - _- •.z 1` �1 _ _ _ . _-----E _ N- Q g ' Pd Tr 41'x 9.7 Livestock 200.92' I I 1 E Well I Gravel i Driveway E Live -stock . Shelter 13'x80' BETWEEN THE SOUTHWEST CORNER OF SECTION 5 AND A BRASS CAP SET FOR A WITNESS CORNER TO THE NORTHWEST CORNER OF 5, THENCE NORTH 00°12'27" EAST 1316.96 FEET ALONG THE EASTERLY RIGHT OF WAY OF COUNTY ROAD 140.227 TO THE SOUTHWEST CORNER OF A PARCEL OF AND CONVEYED TO HAROLD L PIPER BY DEED RECORDED MAY 12,1978 IN BOOK 509 AT PAGE 848 AS RECEPTION NO. 285485• THENCE NORTH 89°35'17"EAST 1163.91 FEET ALONG THE SOUTH LINE OF SAID PARCEL CONVEYED BY DEED IN BOOK 509 AT PAGE 848 AND ALONG A FENCE; THENCE SOUTH 13°38'44" WEST 675.48 FEET ALONG A FENCE; THENCE SOUTH 82°56'35" WEST 12.70 FELT ALONG A FENCE; THENCE SOUTH 21"09' 10" WEST 91.12 FEET ALONG A FENCE; THENCE SOUTH 26'11'19" F. EE r d 17.5'x24' _ 'c03 35.00' WEST 624.92 FEET ALONG A A ES. FENCE; THENCE SOUTH 88°12'08" WEST 688.35 FEET ALONG FENCE TO THE POINT OF BEGINNING. rU OE- III 1 657.05' VICINITY MAP 0 U g %I, 11 t EXCEPT! SCALE: l" = 2000' in a S', � 11.ai �'- Existing St A PARCEL OF LAND SITUATED IN THE SW'J.NW',4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. LYING EASTERLY AND NORTHERLY OF EXISTING FENCES AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON POST l Lot SE VETH A BRASS CAF BEING THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE NORTH 00°44'09" EAST 3277.73 FEET TO A POINT IN `° COUNTY COMMISSIONER'S CERTIFICATE r� _ y A FENCE ON THE EASTERLY SIDE OF COUNTY ROAD NO. 227, THE TRUE POINT OF BEGINNING; THENCE ALONG SAID FENCE NORTH .... f i 00°12'27" EAST 635.00 FEET; THENCE LEAVING SAID FENCE NORTH 88°1208" EAST 351.00 FEET; THENCE SOTJTH 00.12'27" WEST BASED UPON THE REVIEW AND RECOMMENDATION OF °ARFIELD COUNTY DIRECTOR OF COMMUNES O k f { 635.00 FEET TO A POINT IN AN EXISTING FENCE; THENCE ALONG A FENCE SOUTH 88°1E08° WEST 351.00 FEET TO THE TRUE POINT OF DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS EXEMPTION PLAT THIS DAY OF , A.D., 2019, FOR FILING Wl'lY-1'THE CLERK x ieac E•1 1 f. BEGINNING. _ AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC _ Field - 1 11' i DEDICATIONS SHOWN HEREON, 9U13.IECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES 1 Story -' l'` 33'x18' Parcel C� ,.LY I r' CONTAINING 23.863 ACRES, MORE OR LESS, HAS [HAVE] CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, Wood Frame House ca PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF KEITHLEY HIGHWAYS OR F ASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE w1 Basement 1 1. � 9.048 Acres t $ l°J� ESUBDIVISION EXEMPTION PLAT, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND SET APART BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. (See Detail) l % 1 `1 Parcel D 3 A' - New E ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY 3 DEDICATES TO THE PUBLIC U'iYiITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON a THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTII TIES. IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC RIC LINES, GAS LINES AND TELEPHONE LINES, `TOGETHER WITH TRE lb 1+1 ►� 7.485 Acres ± • ;t RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND " CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO x WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. / N N �h (11 1 I N \►� • O 1' C0 MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ATI. '� EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. �' y EXECUTED THIS DAY OF , A.D., 2019. ATTEST: \-0---y _ COUNTY CLERK z 15.00' Irrigation Pipeline Eeeement JE Reception No. \' \' TITLE CERTIFICATE Fence �`►\ JOHN ZACHARIAH ATTEBURY 195 N. MEADOW DRIVE RIFs, CO 81650 I, PATRICK. BURWELL, AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I �� HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON TIII6 PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN AS SET FORTH HEREON IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP FREE AND CLEAR II7 \'� 20.00' Access Easement re) `1 �, P.O.B. Parcel 2 Rebar & DESIREE NICOLE ATI'ESURY Aluminum Cap 195 N. MEADOW DRIVE OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, Reception Na. 1 1� eapbn r LS No. 10732 -., RIFE, CO 81650 ACTS• CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS r"�*r� 134.40' 509.12 , =% FOLLOWS: 0 a - N 89+33'21' E 643,52' •-- New'5'W STATE OF COLORADO ) �582•5b3 ALL EXCEPTIONS SET FORTH ON SCHEDULES B -PART 2 OF COMMITMENT NUMBER 1907045 WITH EFFECTIVE 19.4�t. Lot Line :SS DATE OF JULY 15, 2019. N 88.12'08' E 351.00# Li J 3 12.70� COUNTY OF GARFIELD ) DATED THIS DAY OF A.D., 2019 Rebar & Cap - QI Rebar & Cap Illegible rnZ'i r- r- 4 v • 0Q1 a THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF R A.D., 2019, BY JOHN ZACHARIAH ATTEBURY AND DESIREE NICOLE ATTEBURY . , LS No. 14460 (P.O.B. Parcel 1) SI 1 Es.01'4 100 n 50 170 MY COMMISSION EXPIRES: COMPANY: COMMONWEALTH WILE COMPANY OF GARFIELD COUNTY, INC. i I N.E Luing RS E3 EE'` - - - - WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) o$43° Southwest Comer Lot Line\El1 inch = 100 ft. NOTARY PUBLIC AGENT . CS .--1 l." sections SURVEYOR'S CERTIFICATE 00, o PLAT NOTES 8911 I, SCOTT R. BLACKARD, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE 1I'5 `'1 7.cn= ATTIBUIZlf, JOHN Z DESIREE NUMW STATE OF COLORADO, AND THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF KETTHLEY SUBDIVISION EXEMPTION FLAT, QD LAID OUT PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID A. Noxious WEEDS.43 Parcel B 195NMEADOWDRIVE p�AS CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THTHEPROPERTYPROPERTYOWNIIR RIFLE, CO 81650 PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS OPEN HEARTH SOLID -FEL FIREPLACES. NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE Parcel A 7.330 Acres ± iy� 1p 0 � � ParB. 0 lI& 5R Raw AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STARED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WrFNESS WHEREOF, I HAVE SET MY HAND AND SERI. THIS DAY OF , A.D., 2019. NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS VEIL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. _ 181o. ses ----- C. EXTERIOR LIGHTING. C. 3 ALL EXTERIOR LIGHTING SHALL. BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING W ) SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY N BOUNDARIES. IE['THLEY, SANDRA LEE CU D. RIGHT TO FARM 776 COUNTY ROAD 227 CU o RIFLE, CO 81650-9717 • COLORADO I8 A"RIGHT-TO-FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTSE. o AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY W1Tli H A STRONG RURAL CHARA[.:TER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND E./� ODOR HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER (LJ : • ;Ikii p y SCOTT R. BLACKARD P.L.B. 38342 3 PROFESSIONAL LAND SURVEYOR email: ahlArlrarr111[u�gu�au7.com i 01 WH1'1'MAN, MICHAEL & TA$HA / E. 143 N MEADOW DRIVE ' / to RIFLE, CO 81650 0! 42 50 ES COUNTY SURVEYOR'S CERTIFICATE LF'►' AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFI&II] COUNTY SHALL NOT BE CONSIDERED TO 13E NUISANCES SD LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON -NEGLIGENT MANNER. 4 PROPERTY DESCRIPTIONS: APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, '- Fence THEREFORE. ALT. MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF Rebar & Cap , MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51 101 AND 102, ET SEQ. PARCEL 1 DATED THIS DAY OF , A.D., 2019. Illegible HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. A PARCEL OF LAND SITUATED IN THE NW% OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE [1 ` - - - - - 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL GARFIELD COUNTY SURVEYOR E. MAINTENANCE ENANCE Ai< FEIiiCIC$, RiIRAI, LIVIDip, ETC. S 89°12`B' W 351,0 -• ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND ~ - - - - f - - P.O.H. Parcel 3 1 COUNTY REGULATIONS W1TH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES,E. 3 ! OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: S 8812'08' W 337.3.x7' COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5; THENCE NO0° 44 09"E 3277.73 FEET; "THENCE N00° 12'27"E 635.00 FEET TO THE TRUE POINT OF BEG/ENING ; CONTROLLING WEEDS, KEEPING LIVESTOC.`.K AND POTS UNDER CONTROL, USING PROPERTY IN ACCORDANCE ADAMS, JAMES RICHARD PHYLLISG THENCE N00' 12'27"E 681.96 FEET; THENCE N$9°35' 17"E 485.21 FEET; THENCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS f 608 MILLER LANE S00°12'.27"W 657.05 FEET; TTENCE 8139°33'21'W 134.40 FEET; THENCE S00°12'271W T ARE ENCOURAGED O LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS E. 1 °J RIFLE, CO 81650-9717 16.35 FEET; THENCE S88°12'08"W 351.00 FEET TO THE POINT OF BEGINNING. SAID AND CITIZEN$ OF THE COUNTY. A 000D INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO m PARCEL OF LAND CONTAINING 7.485 ACRES, MORE OR LESS. GARFIELD COUNTY CLERK AND RECORDER'S CERTIFICATE RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION - 1 �� n PARCEL 2 THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD OFFICE IN GARFIELD COUNTY. F. ylllliERAL RIGHTS.E)J COUNTY, COLORADO, AT O'CLOCK ON THIS DAY OF , A.D., _M., J 2019, AND IS DULY RECORDED A RECEPTION NO. THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WTT`H THE SURFACE t Y _ LIENHOLDER CONSENT AND SUBORDINATION A PARCEL OF LAND SITUATED IN THE NW',', OF SECTION 5, TOWNSI� 6 SOUTH, RANGE �' ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACT1ON ON THE PROPERTY BYr Southwest Corn= 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL THE MINERAL ESTATE OWNER(S) OR LESSEE(S). Southwest Corner Section 5 THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CLERK AND RECORDER G. DOMESTIC DOGS. Section 5 °WNER(S) UPON THE REAL PROPERLY PLATTED AND DIVIDED AS SHOWN UPON THE‘ COMMENCING AT TBESOUTHWEST CORNER OF SAID SECTION 5; THENCE N07°39'18"E WTTHIN EXEMPTION PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE BY: DOGS KEPT ON THE PROPERTY SHALL BE INA FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF EXEMPTION PLAT AND BY TT CERTIFICATION HEREBY CONSENTS TO SAID EXEMPTION 3976.30 DEET TO TIE TRUE POINT OF BEGINNING ;THENCE N00° 12'27"E 657.05 FEET; DEPUTY -US WILDLIFE_ THENCE N89°35' 17"E 678.70 FEET; THENCE 813°38'44"W 675.48 FEET; THENCE NOTES FLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID 882°56'35"W 12.70 FEET; THENCE 889°33'21"W 509.12 FEET TO THE POINT OF 1 H. WILDLIFE -FRIENDLY FENCING. EXEMPTION PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY IN'TERES'T` THAT BEGINNING. SAID PARCEL OF LAND CONTAINING 9.048 ACRES, MORE OR LESS. WILDLIFE -FRIENDLY FENCING. 1.) THE DATE OF THE FIELD SURVEY WAS JULY 24, 2019. BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO 2.) ALL BEARINGS RELATIVE TO A BEARING OF N89°50'48"E BETWEEN THE THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS RADE. PARCEL 3 NORTH 1116 CORNER OF SECTION 2 AND SECTION 3, AN ALUMINUM CAP LS NO. �11 SURF -6, - EXECUTED THIS DAY OF , A.D., 2019. A PARCEL OF LAND SITUATED IN THE NWV4 OF SECTION 5, T IWNSI� 6 SOUTH, RANGE L--?\' _ 10871 IN PLACE AND THE NORTHWEST 1116 CORNER OF SECTION 2, AN C' CERTIFICATE OF TAXES PAID ALUMINUM ILLEGIBLE CE, 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL ,. 0 OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: E I,R - - I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE -E• DWG.: 19041 AMENDED PLAT 3.) THE PURPOSE OF THIS EXEMPTION PLAT I$ TO SUBDIVIDE A PARCEL OF 'E, LIENHOLDER AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON LAND BASED ON RESOLUTION NO. 80-23 RECORDED AT THE GARFIELD COUNTY COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5; THENCE N06°48'49"E r ' THIS PLAT ARE PAID IN FULL. 3311.86 i+EET T`O THE TRUE POINT OF BEGINNING ; THENCE N00° 12'.27"E 651.35 FEET; DATE: 8 /30 x19 RECORDS. DATED THIS OF A.D., 2019. STATE OF COLORADO ) THENCE N89°33'21"E 643.52 FEET; THENCE S2109'10• W 91.12 FEET; THENCE 127 E. T H T REST DWG BY: S'RD _DAY 4.) LINEAR UNIT'S USED TO PERFORM THIS SURVEY WERE U S. SURVEY FEET. '86 826°11'19"W 624.92 FEET;THENCE 888°12'08"W 337.35 FFEI`TO THE POINT OF RIFLE '0. 81650 COUNTY OF ) BEGINNING. SAID PARCEL OF LAND CONTAINING 7.330 ACRES, MORE OR LESS. REV: 9 /9 19 970625-3x11 �1 REI': 1�0/ 4/19 5.) THE PROPERTIES REFERENCED IN THE CERTIFICATE 01? DEDICATION AND THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED TREASURER OF GARFIELD COUNTY �1 - OWNERSHIP AND THAT ARE THE SUBJECT OF THIS PLAT ARE SUBJECT TO BEFORE ME THIS DAY OF , A.D., 2019, BY REIT' _ RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN Tlx: TITLE COMMITMENT MY COMMISSION EXPIRES: KEITHLEY SUBDIVISION EXE M PTI D N PLAT PREPARED BY: WITNESS MY HAND AND OFFICIAL SEAL. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE COMMONWEALTH TITLE COMANY OF GARFIELD COUNTY INC. COMMITMENT ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY NUMBER 1907045 WITH AN EFFECTIVE DATE OF JULY 15, 2019. ALL PLOTTABLE Parcels of land Situated in the SW 1 /4NW 1/4 of Section 5, WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION EASED UPON ANY EASEMENTS AND ENCUMBRANCES LISTED IN SAID TITLE COMMITMENT ARE Township 6 South, Range 92 West of the Sixth Principal Meridian, DE'F'ECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS SHOWN ON THE PLAT. NOTARY PUBLIC FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. County of Geld, State of Colorado 923479 07/30/2019 11:27:06 AM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $30.00 eRecorded SPECIAL WARRANTY DEED THIS DEED, made on July 30, 2019 between Earl Keithley, Jr. Irrevocable Trust and Ruth V. Keithley Irrevocable Trust oFtlre County of Garfield. and State of CO, Grantors, and John Zachariah Attebury and Desiree Nicole Attebury whose legal address is : 878 County Road 227, Rifle, CO 81650 of the County of Garfield, and State of CO, Grantees: WITNESS, that the Grantors, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the Grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows. See Attached Exhibit "A" TOGETHER WITH 50% interest in and to the oil, gas, and other minerals, including but not limited to gas and methane gas produced 6'om coals, underlying and that may be produced from the [and and reserving 50% of such interest unto Grantors; RESERVING TO Grantors a waterline easement as set forth on Exhibit 3 also known by street and number as: 878 County Road 227, Rifle, CO 81650 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, their heirs and assigns forever, The Grantors, for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors; excepting from the grantor's warranty, genera! taxes and assessments for the year 2019 and subsequent years; and "subject to statutory exceptions' ns clu(ined in 38-30-113(5)(a). C.R.S. IN WITNESS WHEREOF, the Grantors have executed this deed on the clate set forth above. Earl KeitIney, Jr. Irrevocable Trust Ruth V. Keithley Irrevocable Trust -r By: cc LC ! c ; < </ Earl D. Keithley, III, Trustee STATE OF COLORADO COUNTY OP GARFIELD ) ss. } By: „LC. XGcL Earl D. Keithley, III, Trustee /- The foregoing instrument was acknowledged before me on July 30, 2019, by Earl D. Keithley, III, Trustee of Earl Keithley, Jr. Irrevocable Trust and Trustee of Ruth V. Keithley Irrevocable Trust. WITNESS my hand and official seal Commonwealth Pile No. 1907045 Return to: John Zachariah Attebury and Desiree Nicole Attebury 878 County Road 227 Rifle, CO 81650 BARBARA LYNN CLIFTON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 420024036789 My Commission Expires November 13, 2022 File No. 1907045 923479 07/30/2019 11:27:06 AM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $30.00 eRecorded EXHIBIT "A'• A tract or land situate in Section 5, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 5 bears South 00°44'09" West 3277.73 feet, with all bearings contained herein being relative to a bearing of North 00°43'00" West on the line between the Southwest corner of Section 5 and a brass cap set for a Witness Corner to the Northwest corner of Section 5, thence North 000[2'27" East 1316.96 feet along the Easterly right of way of County Road No. 227 to the Southwest corner of a parcel of and conveyed to Harold L. Piper by deed recorded May 12, 1978 in Book 509 at Page 848 as Reception No. 285485; thence North 89°35'1 7" East 1 163.91 feet along the South line of said parcel conveyed by deed in Book 509 at Page 848 and along a fence; thence South 13°38'44" West 675.48 feet along a fence; thence South 82°56'35" West 12.70 feet along a fence; thence South 21°09'10" West 91.12 feel along a Pence: thence South 26°11'19" West 624.92 feet along a fence; thence South 88°12'08" West 688.35 feet along a fence to the Point of Beginning. EXCEPT: A parcel of land situated in the SW'/<NW'/ of Section 5, Township 6 South, Range 92 West of the 6th P.M. lying Easterly and Northerly of existing Fences and more particularly described as Follows: Beginning at an lron Post with a Brass Cap being the Southwest Corner of said Section 5, Thence North 00°44'09" East 3277.73 feet to a point in a fence on the Easterly side of County Road No. 227, the TRUE POINT OF BEGINNING:: thence along said fence North 00°12'27" East 635.00 feet; thence leaving said fence North 88°12'08" East 351.00 feet; thence South 00°12'27" West 635.00 feet to a point in an existing fence; thence along a fence South 88°12'08" West 351.00 feet to the True Point of Beginning. D23479 0713012019 11:27:06 AM Page 3 HIBIT 11r3'I Jean Alberico, Garfield County, Colored Rec Fee: $23.00 Doc Fee: $30,00 eRecorded Irrigation Pipeline Easement Rebar & Cap Illegible T le S89'35'17'1.1 195.41' 0x Irrigation oU'I Structure a r//. i) r,'1‘&1'NI; iii(' l0 t�m!� z OA_ x C wG z 0 0 U w x x x well Gravel Driveway a, 7.50'ro 1 - Fence Fence 200 0 100 200 1 inch = 200 ft. / ,."— 15.00' Irrigation Pipeline Easement N ',., ra ��• � on o N GGs' GS/, Paint af Beginning J z V N 1 b V W - N c�56`t, m m l x E n1 154�e,9 �Hgi) 'Rebar&Cap Z _ Illegible Southwest Corner Section 5 �Ir Rebar & Cap LS No, 14060 IRRIGATION PIPELINE EASEMENT DESCRIPTION A STRIP OF LAND 15.00 FEET IN WIDTH FOR THE PURPOSE OF A IRRIGATION PIPELINE EASEMENT SITUATED IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID STRIP OF LAND BEING 7.5 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5; THENCE N05°38'39"E 3942.34 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 544, AT PAGE 850; THENCE DEPARTING SAID NORTH BOUNDARY LINE ALONG THE CENTERLINE OF AN EXISTING IRRIGATION PIPELINE THE FOLLOWING EIGHT (8) COURSES: 1.) NO1°4752"W 20,00 FEET; 2.) N16°25'51"W 100.30 FEET; 3.) N23°52'48"W 91.82 FEET; 4.) N26°29'59"W 104.91 FEET; 5.) N13°46'20"W 86.80 FEET; 6.) N05°17'32'W 84.91 FEET 7.) N01°47'36"E 61.82 FEET; 8.) N01°0T42"W 147.95 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 530, AT PAGE 240. THE POINT OF TERMINUS. SIDELINES TO BE LENGTHENED OR SHORTENED TO CLOSE WITH BOUNDARY LINES. SAID STRIP OF LAND CONTAINING 10,478 SQUARE FEET, MORE OR LESS. p14 !ARTA„. �*5co NOTICE; ACCOADIAG 70 COLORADO LAW x22' HosT LOMHENCE ANT LBCAL 127 E ST TREET ACTION BASED ION AM DEFECT 717 THIS SURVEY RETAIN THREE ?sans A1FL O. 01650 AFTER YOU FIRST DISCOVERED SUCH DEFECT 1N N0 EVENT. MAY AN 970-625-82,1 ACTION BASED UPON AHr DEFECT 114 THIS SURVEY BE CORMENCEO MORE 7IlAN TEN YEARS FROM THE Airs OF ENE CERTIFICATION 522070 1181100N u DATE: 7/29/19 JOB NO. 19047 EXHIBIT Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217905200045 217905200048 217905200283 217905200284 217905200462 217905200472 217905202012 217905202013 217905202014 217906100182 217906100631 217906100734 1025 227 COUNTY RD SILT 606 227 COUNTY RD SILT 776 227 COUNTY RD SILT 878 227 COUNTY RD SILT Not available RIFLE 5400 233 COUNTY RD SILT 143 N MEADOW DR RIFLE 195 N MEADOW DR RIFLE 227 N MEADOWS DR RIFLE 4962 233 COUNTY RD SILT 993 227 COUNTY RD SILT Not available SILT ARNOLD, RICHARD L R200387 ADAMS, JAMES RICHARD & PHYLLIS G R200376 KEITHLEY, SANDRA LEE KEITHLEY, EARL JR IRREVOCABLE TRUST & KEITHLEY, RUTH V IRREVOCABLE TRUST BROWNSON, GARY L & KANDI BROWNSON, GARY L & KANDI A WHITMAN, MICHAEL & TASHA ATTEBURY, JOHN Z & DESIREE N ELDER, JARAD B & RACHAEL MCDAID, GAIL HARVEY, CHRISTOPHER R & REBECCA J WILLIAMS, AUDIE & KAYE 1025 COUNTY ROAD 227 RIFLE, CO 81650 608 MILLER LANE RIFLE, CO 81650-9717 R200112 776 COUNTY ROAD 227 RIFLE, CO 81650-9717 R200374 R200658 R200667 R041237 R041238 R041239 R210447 R211039 R082745 0878 COUNTY ROAD 227 RIFLE, CO 81650 5400 COUNTY ROAD 233 RIFLE, CO 81650- 9109 5400 COUNTY ROAD 233 RIFLE, CO 81650 143 N MEADOW DRIVE RIFLE, CO 81650 195 N MEADOW DRIVE RIFLE, CO 81650 227 NORTH MEADOWS DRIVE RIFLE, CO 81650 4964 COUNTY ROAD 233 RIFLE, CO 81650- 8745 993 CR 227 RIFLE, CO 81650 56 REATA LANE SILT, CO 81652 Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner Ktk-k-we 1, Eckr1 Sr a rk-carucable "frusf 77(r C uv\-ki ie dri a ` -K'rI{, I;C 10 I' Eli4.IE.L, ` t.k -4t V trreJC,c cWk,ie Tt.tAi- --)7cc, Coif ed f -y pd ;4a -v en 8/U,5` 0P, i'r A- ,„lnn A-14ci t�rkA --2v Ch, (°t S” iN, 9�A Ac uGo 11., -. �'v C -h. O vir(j I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature Date O 50 Covenants Affecting Property There are no covenants affecting this property. Garfield county Community Development Department 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision Major Subdivision O Preliminary Plan Amendment L I Final Plat Amendment ❑ Sketch ❑ Preliminary 0 Final Conservation Subdivision ❑ Yield 0 Sketch ❑ Preliminary ❑ Final O Time Extension ❑ Common Interest Community Subdivision O Public/County Road Split Exemption O Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: John and Desiree Attebury Phone: (970 )3794491 Mailing Address: 195 N Meadow Dr City: Rifle State: CO Zip Code: 81650 E-mail:desb2l @msn.com Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Keithley Subdivision Exemption Plat Assessor's Parcel Number: 2 1 7 9 0 5 2_ 0 0_ 2 8 Physical/Street Address: 0878 County Rd 227 Legal Description: Please see Exhibit A for Legal Description 4 Zone District: Rural Property Size (acres): 23.87 1 Project Description Existing Use: Agricultural / Residential Proposed Use (From Use Table 3-403): Agricultural / Residential Description of Project: Realign plat lines to be more practical to build on a flat area on each parcel and to maximize the ability to maintain agricultural grounds on each parcel with piped irrigation. Proposed Development Area Land Use Type # of Lots # of Units Acreage Single Family 3 7-9 acres ea Duplex —_ Multi -Family Commercial Industrial Open Space Other Total Parking REQUEST FOR WAIVERS Submission Requirements Pf The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Waiver of Improvements Agreement 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 cprrect and accurate to the best of my knowledge. 9- -Cr—/7 ature of Property Owner Date OFFICIAL USE ONLY Fite Number: -----__ __ Fee Paid: $ Exhibit A Legal Description Via Garfield County Accessor Page: Section: 5 Township: 6 Range: 92 A TRACT IN THE SWNW & LOT 4, SAID TRACT BEING MORE PARTICULARLY DESCRIBED PER SPECIAL WARRANTY DEED REC, NO. 923479, SAID PARCEL OF LAND PER 923479 BEING COMPRISED OF EXEMPTION TRACTS B, C & D PER RESOLUTION NO. 80-23 Via Deed of Trust: File No. 1907045 EXHIBIT "A" A tract of land situate in Section 5, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 5 bears South 00°44'09" West 3277.73 feet, with all bearings contained herein being relative to a bearing of North 00°43'00" West on the line between the Southwest corner of Section 5 and a brass cap set for a Witness Corner to the Northwest corner of Section 5, thence North 00°1212711 East 1316.96 feet along the Easterly right of way of County Road No. 227 to the Southwest corner of a parcel of and conveyed to Harold L. Piper by deed recorded May 12, 1978 in Book 509 at Page 848 as Reception No. 285485; thence North 89035'17" East 1163.91 feet along the South line of said parcel conveyed by deed in Book 509 at Page 848 and along a fence; thence South 13°38'44" West 675.48 feet along a fence; thence South 82°56'35" West 12.70 feet along a fence; thence South 21°09'10" West 91.12 feet along a fence; thence South 26°11'19" West 624.92 feet along a fence; thence South 88°12'08" West 688.35 feet along a fence to the Point of Beginning. EXCEPT: A parcel of land situated in the SW'/4NW' of Section 5, Township 6 South, Range 92 West of the 6th P.M. lying Easterly and Northerly of existing fences and more particularly described as follows: Beginning at an Iron Post with a Brass Cap being the Southwest Corner of said Section 5, Thence North 00°44'09" East 3277.73 feet to a point in a fence on the Easterly side of County Road No. 227, the TRUE POINT OF BEGINNING; thence along said fence North 00°12'27" East 635.00 feet; thence leaving said fence North 88°12'08" East 351.00 feet; thence South 00°12'27" West 635.00 feet to a point in an existing fence; thence along a fence South 88°12'08" West 351.00 feet to the True Point of Beginning. Exhibit A Legal Description Via Garfield County Accessor Page: Section: 5 Township: 6 Range: 92 A TRACT IN THE SWNW & LOT 4, SAID TRACT BEING MORE PARTICULARLY DESCRIBED PER SPECIAL WARRANTY DEED REC. NO. 923479, SAID PARCEL OF LAND PER 923479 BEING COMPRISED OF EXEMPTION TRACTS B, C & D PER RESOLUTION NO. 80-23 Via Deed of Trust: Narrative of Request We are seeking to realign the plat to be more practical to build on a flat area on each parcel in the future and to maximize the ability to maintain agricultural grounds on each parcel with piped irrigation. Additional Information • Ditch Information: Silt Water Conservancy - 970-876-2393 • As you can see with the new proposed layout, it will be possibly less impactful on drainage as there are relatively flat areas on each proposed new parcel and more practical for access to each parcel. We have included the road easement document to provide access to each proposed parcel. With this new proposed layout, it will be much more practical to irrigate each parcel through piped irrigation, as several acres are already under such irrigation, and increase the likelihood to maintain given lands as agricultural in the future. • Please see attached resolution with recording # 301801. SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and -11..C5"'r'et. * SOhn #N-ektA.r- .5 Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for C')E3 e) Cr) ivjj r 2.4p�p2 (� c.,.© ((5C (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that alt billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. r e e_ t * a I.. 4+ -�.c..loc�rr Print Name n Mailing Address: 1 © U 5 i\ 1�n " -e-aOOW '''\•T . ';414, ec Br625() E -Mail Address: '' s b - - &/ en s n . c orA Phone Number: GAO 9 _ '-7 LI 9 ,/6:›// et, 9/6/i Signature Date Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION I CONFERENCE SUMMARY TAX PARCEL NUMBER: 2179-052-00-284 OWNER: Desiree and John Attebury PRACTICAL LOCATION: 878 County Road 227 Silt, CO 81652 ZONING: Rural COMPREHENSIVE PLAN: Residential Medium High (2 to <6 acres per dwelling unit) TYPE OF APPLICATION: Amended Final Plat PRE -APP DATE: August 1, 2019 I. GENERAL PROJECT DESCRIPTION The applicants own Parcels B, C and D of the Keithley Exemption Plat and are proposing to modify the lot line between Parcels C and D. The exemption is memorialized under Resolution 80-23; the plat map correctly reflects the parcel locations described within the resolution but seems to have never been recorded. This amended final plat will serve to both memorialize the exemption plat map and modify the lot lines as desired by the applicants. Parcel D is improved with a single-family dwelling unit and accessory structures; Parcel C lot is vacant. The developed parcel has access from County Road 227; Parcel C seems to be landlocked. An easement for legal access to Parcel C through Parcel D will need to be provided. 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 1 • 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 Proof of Ownership (title work and deed) and information on any lien holders for both parcels o Names and mailing addresses of property owners within 200 ft. of the property. o Mineral rights ownership including mailing address (see attached form and 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 • 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). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. 2 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: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE -APPLICATION SUMMARY PREPARED BY: CS‘mtagr Claire Dalby, Planner August 1, 2019 3 Approximately 2 months if submittal is complete re Garfield County Amended Final Plat Review Process (Section 5-305) 1 Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision •CaII-up Period - within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. 4 Process of Mineral Research 1. Discussed with the Trustee, Earl "Dee" Keithley, of the two trusts that owned the property prior (Keithley, Earl Jr. Irrevocable Trust and Keithley, Ruth V Irrevocable Trust). They had 100% ownership before we purchased. They had also negotiated with gas and oil companies previously on this property and they owned 100% of the minerals. The minerals are NOT currently leased. When we purchased the property, the trusts retained 50% rights. 2. Prior to purchasing these parcels, there was a discrepancy of the mineral ownership with the title company. Therefore, we petitioned and requested a further review and they found that ownership before we purchased was 100% by the two owing trusts. 3. Went through your outlined steps with the clerk and recorder database. I- ReVkieti to cirrielit gioracrship deed :D[ tJ7e propery i c. V4'srr.,[V Deed, special Warranty, Quit ( fairs: Deed or Bargain and Sale need—NOT a De'ed of Test). The ownership deed is usW r!y one or two pages. is there a reserraticn artri.tivrei inierests on the awntrs#rip dear Ale rJticre srtw axcept-ioiz to litRe? A deed am, nude a Iisa of re.senrisaork5 khan reference mineral owners or oil and gAs leases. Yes, reservations to the two trusts listed. Rekrivw your Mine insrumnce pokey. Are there exceptions to side lisin1 Enid{ Sci,eduke B - TP If 10, rvvicw for nOneml interests t1Ai suers resersed and oil end Fs! :ea,. No 3. CFhtcd with the Assessor's office to determine If a mineral interni. has, tetv rsicnttf from the 41.111jeet anroperty. The Assessor'; office be, Tower riocurnents the mineral re crw$lion 4wtsexstrip fez its trim roll records tin oe.rlcrship lira beet prove,, Ther, fire Only a licnfled n,uz,l cr of tritxrzl owners who have provided such information to ate ARmssoes r> ice so the may not proxid€ any inforrndlion, d€p dene or, your prup,crty- No Rimer/ft h the Jami 6Srigliriiitui of the gigtkiwgi prol+,rrty + xilr flea um,. and ,ih:nil-der •i zrirTIWICT Yore r.r. .nrer€h the *:Short, reanhrp, iuJ Rant err rh i;rapcity Yew nine Cnal d :„:arrest tn.tsrr,ss for INT u+hjrct Ikoltrl' No Deeds 3 Itrieortii +rt eines s Moths o1 Mineral h si Owe rsbip van 11104 Inc the sitbievi pe rt) [trM iter Cksl.Nut itestordoes ow, waratuadn 1 ilk {zsi the right hand elk of Its Icroarll ii.iwral lle[esdep. #turf,' of Minas] l,aaa1p t)wFvership for toe InkiKi MUMS Y. None & if #tori nr4m1n inirrN4 MOM itAn y ,1t drat. Iltwi in barer till nuwifort P 7. hum bi ..ommei re' ue thn ('brei iid R:u,rrrier + both Nadi. rair nerd in delptuti m mill tone r titre slineni I LtT1j •crr intuit row key de.,,t aid neanrtk[' VIE Orli ad gel -0 ea olfxar Not further transferred from the two trusts. F!Sier Ihu rte: 1.111 t i st1irgsal rreleau i7wtt' ills ftailmt 117 Iiia Ljkri incl ik rdtr'3 'A -Tel timer 11! ste if Ile r!iuiiiJ 113ttest V`a lydtsfmr+S lr you pew t omen, Amt. v,„„ Zrsi by repri ttr4e {yrctli 18llrr* user Irma"-, u1tbre n iwmt Irlforp 1tr jMr1~xraU None .. rr Reeor�:c�c ter_ -A ..._ aa�c.M �,. ••iX. B 2I .19 t •• •3 ReG gtlraai lr...._ �:_. aoai: 544: No .' ;%49 MilaredAledorf, fieoorttaz* srA'rE:Of COLORADO , :' County of.Garfield . 1 . .. _. _.• re ular . ' �v held mine ctHouse ia.partwoad'SpringeU..:....:.......... ......:•- ._...-.. ' he •.•..eyf: 8TM to :... -.... ebruary. :A.D19. "cdrewere rggo"t kihar.*C. Joily... - • Larry VeTasAuez.., CommldorwCha.m rl atven "i3..xCe.rl se...".. ..... .: ! Co Indio ner Arthu A. .61arialp Jrt coirntyAttornay, Nancy.. SP141-e• k.Pag• eR Purl'erk of the Board whrri the'followieq prexeedings, arnonq`oUiers w*c.hed and done, to•wtt: • RESOLUTION NO._80-23 . RESOLUTION CONCERNED WITH.GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION 'REGULATIONS' WHEREAS, Earl' -and Ruth. Keithley have petitioned the Board of County Commissioners'' of Garfield County, Colorado, foran exemption from the definition of the terms"sub.' division" and "subdividedland" 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 a 28.97 acre tract described as f' fellows •that parcel of land as described in Document No. 295115 as filed in the Office of the Clerk and Recorder of Garfield County,. Colorado into 4. tracts .of"approx- imately 5.11, pproximately.5.11, 5.55, 7.02 and 11.28 acres each, more or less, whichproposed divided `I :. tracts are more particularly described as follows: Tract A: A parcel of land situatedin the SW4 NWk of .Section 5, Township, 6 South, Range 92 West of the Sixth Principal Meredian lying Easterly and, Northerly of existing fences and more particularly described as follows: Beginning -at an Iron .Post with a Brass Capbeing the Southwest Cornerof said Section 5, thence N.00°44'09" E. 3277.73 feet to a point in a' fence • - on the Easterly side'of County Road No. 227, the True Point of Beginning.; thence along sat:d fence N.00012'27" E. 635.00.feet; .'thence leaving said fence N.B8°12''08"'E. '351.00 feet; thence S.00°12'27" W.'635.00 feet -to. a . paint in an existing fence, thence along a fence 5.88°12'08" W. 351.00 . feet to the True Point of Beginning. Said parcel of land contains 5.11 acres more or less. • Tract 8: A'parcel of land situated in the SW1 NW> and Lot 4 of Section.,5, • ' Township 6 -South•, Range 92 West of the Sixth Principal lleredian'lying • Northerly of an existing fence and more:particularly described as follow,$: Beginning at an Iron Post with a Brass Cap being the Southwest Corner of said Section 5, thence N.11 08'21" E. 4017.56 feet; the True Point of •'. Beginning; thence S.01007'22" .W. 572.09 feet. to a 'point.in.a fence; thence S.26°11'19" W. 78.94 feet along a fence; thence. S.88°12108" W. 337..35-; feet along a fence; thence -leaving said fence N.00°12'27" E. 651.35 feet; 'thence. N.89°41'27" E. 380.88 feet to the•True Point of•Beginning. Said parcel of land contains 5.55 acres more or less. • : Tract C: A. parce1 of land situated'in the SWC MWS and Lot 4 of Section.5,. Township 6 South, Range 92 West of the Sixth Principal Meredian lying Southerly and Westerly of existing fences and more particularly described as' follows: • Beginning. at an Iron Post with Brass Cap being the Southwest Corner of said •• . • Section 5, thence N.11°08'21" E. 4017.56' feet; the True Point of Beginning; thence N.01°07'22" E. 658.0 feet to a point in a fence; thence N.89°35'.17" E. 421.70 feet along'a fence; thence S.13°38'44" W. 675.48 feet along.a fence;_ -• thence 5.82556',35"W. 12.70 feet• along a .fence;. thence 5.21°09'10"W. 9.1.12: feet .• along a fence; thence S.26°11`19"W.,•545.98 feet along, a fence; thence leaving • said fence N.01°07'.22"E. 572:09 feet to the. True Point of Beginning...50d,-. parcel of .land contains.7:02 acres more or lets. • Tract 0: A parcel of land situated in the SW1 NW's, and Lot 4 of Section 5, •Township 6 South, Range '92 West of the Sixth Principal Meredian lying , Easterly and Southerly. of. existing -fences' and' more particularly described as follows: • BOOK 544. PAGE °Beginning at 'an ,Iro.n.•Post with i Brass .Cap• being the Southwest. Corner. , . • of,;sal d. ,Secti;on. 5;- thence...N.:11-..08` 21"-E..4Q1:7.56 feet;,• the True Point.: Of Begi.nn�ing;: thence 5. 89x41'27" W.."38.0:88.,.feeir, thence; :: 5:00°12-'27"'• W.:- 16:35• feet; thence 'S..:88°12'`08.`.' -W:: 35:1':00 feet :to a' poinf in. •a fence: on the-Easterlyyside of County.. Road No. 227., thence .'-N'.00 1.2.'.27":.'E. 681.•.95:. feet along a fence... thence. NJ9o35,'?:7"' E.. .. ...•742: 21' feet; along. a•• fence; • thence •leay.ing said. fence •.5.:01Y:07 '.221.1. V •658.00. -feet to: the:-Trie'Point of': -Beginning.. •Said parcel --of land• . . -contains11.28 acres. more or less.` ' .Tract ."A", "B'f:,:`"C",'-and ','0".are located in. -the• State ••of Colorado and.. .• -.County,. of :Garfield; .and ' : :. . ' WHEREAS, -the..Petitioners::have: demonstrated: to - the' eatisfa'ction�.of'.the-6oard;'• :::Of County Connissioilers 'Of Garfield:• County, Colorado, that the •proposed division ' _ does., not fail: Within' the :purposes •of '-Part -1,.:Art-i.-cle 28,. Tit'le 30;,:Cellorado :Revised':- Statutes- 1.973., as -amended.,. for the reason that they wish: to give. a tract of land to• .ea ch of: their' sons; •arid'.: . . .:• WHEREAS, • the; Petitioners have demonstrated to: the. satisfaction .of•'the Board • ....of'County ..CoMadis1ciers•of•Ga.rfield•County, .Colorado;: tingt there is a-•reasonable probability.-,of 1=ocati•ng•domestic'water on each of.:said-tracts;.that .ther..e Is'.'.,' . • adequate inglress and•egreSs to, said tracts ,,- that the• location.,o . septic•. tanks: •w.f'll ' be.:-rmi petted: by. -the. Colorado. Department of'Hea:I.:0.,•-tha.t .the:::re4uested'di.Vist.bn is. not part .o f .an exi`s:tingl or ,1-arger •dercelopment. and does fall: not:. .withi (the..:.general '.'• =""' _.purposes and. intent of the subdivisi-on•reguiatiofls o'the 'State of. Colorado and •' the County .of: Garfield; and. should. therefore,:.be. exempted "from .the definition. of . :. - th'e,.terma''."subdivisi.on". and- ""subdivided-.1,and!' •as..set, forth` i i C.R.S.. •19'73,. 30-28 1'01 (=10). (a) -.(d);. jas amended,' 'NOW. ,:`THEREFO• RE, BE, IT RESOLVED .that`.the division:of the above -des:cribed... - • •:tracts: "A", "B".... "C" and "A":from the' above .described -2B:97• acre:'tract-•is.'.hereby. ' exempted: from 'such definitions and -said tract may, be di.Vided •into :tracts "'A", ' "B",.:. -.. "C": -and "0",, a.11..as. is.imore fully described above, and said diwided_.ti"act� may be Conveyed in the form of Such ' smaller' tracts without: further conpl i.ance'Iwi:th-:the; .aforesaid-s•ubdivision statutes and' regulations, .provi:ded,• however,. that. this' •.: , exemption it -granted -on the -condition' and 'with' the: -express understanding .and agreel:- ment of the. Petitioners.• that no. further .exemptions" be' al lowed=on 'said tracts P'., `•,. ".8 and. !co_;, and ,that a- copy - of the' instrument'• or instruments of" Con veyance wh:en recorded shall be 'filed with'this"-Resolution.. • . Adopted the.T9th: day 01' February , A. D. 1980. ATTEST: f ,'• De uty C,�r-kro�' the THE BOARD OF COUNTY COMMISSIONERS• OF, GARFIELD.COUNTY, COLORADO " • Wen motion duly made and apeondad the fRantlution tae adopted by tha following vote: ' C trgi c.1...4411§3(.... al" Ye SSCiUez -..Aye ' haven "J: Cer.'rse -.».... ..»,.......»» ....,:.Aye BTAT•E.OF.COLORADO • Connty.of Qadllald . ,�. County Clark and uafflcla Clark of tlio' hoard of .County Commledonara :In and' fur the County and Stet° aforetdd do heraby'aartify that Lha anruexed and fa/againg Oder le truly °opted horn the Raaotde of chi Feooadlega of the Roared of County Commisd"nara far rild Garfield County, now in my office: Connid,donara• ,• .. :- IN': WITNESS WHEREOF. 1 Lipa', hon uta' ,d"uiy'. band' add '0ftpcad".Abe pal" of add County; at Gtsiimood • Springs, • w dgof . .„....:. '.': . ... ,A.D 19' » .. . - • ' County Cleric and eaaffldo.Clatlt of tha:Eoard of County Comae.. • • 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: July 29, 2019 File No. 1907045-2 Property Address. 878 County Road 227, Rifle Tax Information Lender Buyer Alpine Bank 2200 Grand Avenue Glenwood Springs , CO 81601 Attn: Shelbi Bauer Email: shelbibauer@alpinebank.com Seller Earl Keithley, Jr. Irrevocable Trust and Ruth V. Keithley Irrevocable Trust 776 County Road 227 Rifle, CO 81650 Email: sandee_444@msn.com Closing Contacts John Zachariah Attebury and Desiree Nicole Attebury 195 N. Meadow Drive Rifle, CO 81650 Email: desb21@msn.com 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. 1907045-2 1. Effective Date: July 24, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $300,000.00 Proposed Insured: John Zachariah Attebury and Desiree Nicole Attebury (b) ALTA LOAN POLICY (ALTA 6-17-06) $240,000.00 Proposed Insured: Alpine Bank, Its Successors and/or Assigns 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: Earl Keithley, Jr. Irrevocable Trust and Ruth V. Keithley Irrevocable Trust 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 Owner's Policy Standard Coverage Mortgagee's Policy Tax Certificate Form 100 Delete Standard Exceptions (Lender's) COUNTERSIGNED: Pct trticki P. 3 w we 1. $946.00 175.00 25.00 50.00 75.00 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. 1907045-2 EXHIBIT "A" A tract of land situate in Section 5, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 5 bears South 00°44'09" West 3277.73 feet, with all bearings contained herein being relative to a bearing of North 00°43'00" West on the line between the Southwest corner of Section 5 and a brass cap set for a Witness Corner to the Northwest corner of Section 5, thence North 00°1T27" East 1316.96 feet along the Easterly right of way of County Road No. 227 to the Southwest corner of a parcel of and conveyed to Harold L. Piper by deed recorded May 12, 1978 in Book 509 at Page 848 as Reception No. 285485; thence North 89°35'17" East 1163.91 feet along the South line of said parcel conveyed by deed in Book 509 at Page 848 and along a fence; thence South 13°38'44" West 675.48 feet along a fence; thence South 82°56'35" West 12.70 feet along a fence; thence South 21°09'10" West 91.12 feet along a fence; thence South 26°11'19" West 624.92 feet along a fence; thence South 88°12'08" West 688.35 feet along a fence to the Point of Beginning. EXCEPT: A parcel of land situated in the SW'/4NW'/4 of Section 5, Township 6 South, Range 92 West of the 6th P.M. lying Easterly and Northerly of existing fences and more particularly described as follows: Beginning at an Iron Post with a Brass Cap being the Southwest Corner of said Section 5, Thence North 00°44'09" East 3277.73 feet to a point in a fence on the Easterly side of County Road No. 227, the TRUE POINT OF BEGINNING; thence along said fence North 00°12'27" East 635.00 feet; thence leaving said fence North 88°12'08" East 351.00 feet; thence South 00°12'27" West 635.00 feet to a point in an existing fence; thence along a fence South 88°12'08" West 351.00 feet to the True Point of Beginning. File No. 1907045-2 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. Special Warranty Deed from Earl Keithley, Jr. Irrevocable Trust and Ruth V. Keithley Irrevocable Trust vesting fee simple title in John Zachariah Attebury and Desiree Nicole Attebury. 2. Deed of Trust from John Zachariah Attebury and Desiree Nicole Attebury to the Public Trustee of Garfield County for the use of Alpine Bank. 3. The Company must be furnished a copy of (1) the Trust; (2) all amendments thereto; (3) evidence satisfactory to the Company that all actions relating to the sale and the execution and delivery of the deed as required under applicable law and the governing documents have been conducted, given or properly waived 4. Recordation of a Statement of Authority for Earl Keithley, Jr. Irrevocable Trust evidencing the existence of the entity and authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the existence of said entity prior to its acquisition of title to the land herein. 5. Recordation of a Statement of Authority for Ruth V. Keithley Irrevocable Trust evidencing the existence of the entity and authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the existence of said entity prior to its acquisition of title to the land herein. 6. Deleted. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. 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. 1907041-2 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 June 11, 1910 as Reception No. 39693. 10. Right of way for ditches and canals in place and in use. 11. Deleted. 12. Garfield County Resolution No. 80-23 recorded February 21, 1980 as Reception No. 301801. 13. Possessory rights outside of fence, encroachment of fence onto adjoining property, apparent easement for overhead utilities, ditch, pipeline easement and all matters shown on Improvement Location Certificate prepared by The Sexton Survey Company dated July 29, 2019, Job No. 19041. NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE MORTGAGEE'S 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. „, gPublic.net'M Garfield County, CO Account R200374 Number Parcel 217905200284 Number Acres 24 Land SgFt 0 Tax Area 020 2019 MiII 65.543 Levy Physical Address Owner Address Date created: 9/4/2019 Last Data Uploaded: 9/4/2019 3:10:51 AM Developed byt:1) Schneider OEOSPATIAL 878 227 COUNTY RD SILT ATTEB U RY, JOHN ZAC HAR IAH & DESIREE NICOL 195 N MEADOW DRIVE RIFLE CO 81650 2019 Total Actual Value 81652 Overview Legend ❑ Parcels Roads Highways = Limited Access — Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Parcel/Account Numbers Owner Name Lakes & Rivers $298,970 Last 2 Sales Date Price 7/30/2019 $0 7/30/2019 $300,000 Waiver of Improvement Agreement Request Because no public improvements are required, please waive submittal of an Improvement Agreement. 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